2020-05 - O1
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-05
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DESIGNATING A CERTAIN AREA WITHIN THE TOWN OF PROSPER,
TEXAS AS NEIGHBORHOOD EMPOWERMENT ZONE NUMBER 1 TO
PROMOTE ECONOMIC DEVELOPMENT IN THE ZONE; ESTABLISHING THE
BOUNDARY OF SUCH ZONE; PROVIDING FOR A WAIVER OF CERTAIN
PERMIT AND IMPACT FEES; PROVIDING FOR THE CONSIDERATION OF
THE REFUND OF MUNICIPAL PROPERTY AND SALES TAXES, REQUIRING
A DEVELOPMENT AGREEMENT; MAKING FINDINGS; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that the promotion of economic development of the Downtown
commercial areas is advantageous to the Town and its citizens, and
WHEREAS, Chapter 378 of the Texas Local Government Code authorizes municipalities
in the State of Texas to establish Neighborhood Empowerment Zones; and
WHEREAS, the Town Council previously enacted Resolution No. 09-133 on November
10, 2009, which provided certain incentives to non-residential development through
Neighborhood Empowerment Zone No. 1 and the incentives referenced therein, and
WHEREAS, Resolution 09-133 was in effect for a period of ten (10) years, is no longer in
effect, and the Town Council desires to adopt a new Neighborhood Empowerment Number 1, and
WHEREAS, Neighborhood Empowerment Zone Number 1 provides for the waiver of
certain permit fees and impact fees, and the consideration of the refund of municipal property and
sales taxes for a specific period of time, subject to the execution of a development agreement
between the Town and a property owner in regard to the adherence to architectural standards
and building materials for non-residential structures constructed pursuant to Neighborhood
Empowerment Zone Number 1, and
WHEREAS, Chapter 380 of the Texas Local Government Code provides that Texas
Municipalities may create programs to promote economic development, and
WHEREAS, the Town Council finds that the creation of Neighborhood Empowerment
Number 1 satisfies the requirements of Section 312.002 of the Tax Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
Ordinance No. 2020-05, Page 1
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SECTION 2
Neighborhood Empowerment Zone Number 1 ("NEZ 1") is hereby created, as shown on
the map attached hereto and incorporated herein as Exhibit A, and is subject to the following
conditions:
1. NEZ 1 is solely applicable to property owners in the Downtown area for the
construction of new, non-residential development. For the purpose of this Ordinance, the term,
"new, non-residential development" shall also mean the demolition and/or the redevelopment of
existing structure(s), when the demonstrated value of the new construction exceeds the value of
the previous improvement by a minimum of fifty percent (50%), based on the most recent value
determined by the Collin Central Appraisal District.
2. Prior to authorizing fee waivers or the consideration for requests for the refund of
municipal property taxes or municipal sales taxes, a development agreement shall be executed
between the Town and the property owner. The development agreement will be prepared by the
Town and, among others, the owner shall agree to construction standards as established in the
Zoning Ordinance, as it exists or is amended, and the Old Town Architectural Standards, attached
hereto and incorporated herein as Exhibit B.
3. Any development agreement executed by the Parties pursuant to this NEZ 1 shall
be filed in the Collin County real property records.
4. The Town Manager is hereby authorized to execute development agreements
which do not include a request for any refund of municipal property or municipal sales taxes.
5. Development agreements which include requests for the refund of municipal
property taxes or municipal sales taxes shall require the approval by the Town Council.
6. Upon execution of a development agreement, the Town shall waive 75% of the
cost of the following fees:
a. building permit fees
b. construction inspection fees
C. structure demolition permit fees
d. certificate of occupancy fees
e. water, wastewater, and roadway impact fees
7. At its sole discretion, the Town Council may authorize the refund up to sixty percent
(60%) of municipal sales tax and/or one -hundred percent (100%) of municipal property tax
resulting from the new development in NEZ 1. The refund of any taxes shall not exceed a period
of ten (10) years.
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
Ordinance No. 2020-05, Page 2
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SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective and be in full force from and after its passage and
publication, as provided by the Revised Civil Statues of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS,. ON TIilA 28TH DAY OF JANUARY, 2020.
APPROVED:
Ray Smith, Mayor
ATTEST:
191N
APPROVED AS TO FORM AND LEGALITY:
Terrence S. W Ich, Town Attorney
Ordinance No. 2020-05, Page 3
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TOWN OF PROSPER
Neighborhood Empowerment Zone No. 1
Note: The provisions of this Neighborhood Empowerment Zone are restricted
to Non -Residential Development.
305 610 1.220
Prepared 01/30/2020
Ordinance No. 2020-05, Page 4
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Exhibit B
Prosper Old Town Architectural Standards
1. Old Town Architectural Standards
a
Intent
Old Town is a unique area of Prosper with a distinct architectural character created by
existing buildings dating back to the early 1900's. The Old Town area is envisioned to be
a pedestrian -oriented, commercial environment that provides opportunities for shops,
restaurants, offices and entertainment venues to create a vibrant district. The reuse of
existing buildings is encouraged, and new buildings are generally required to be of a
character that is consistent with the existing architectural character of the area,
although proposals for architectural
designs that establish unique building
expressions while still fitting the overall
context of Old Town can be considered. It
is recognized that deviations from the
requirements for exterior materials may be
necessary to achieve unique building
expressions in specific instances. The
process for considering such requests is
established within Chapter 4 of the Zoning
Example: Architectural Designs that establish Ordinance. The use of quality building
unique building expressions materials will reinforce the character and
viability of the Old Town area long term. Exterior wall materials, articulation and
rhythm is critical to creating the sense of place desired by the community. Tri-partite
architectural design is required in order for buildings to respond appropriately to the
pedestrian, while providing architectural interest by distinguishing the bottom, middle,
and top of structures.
b. Building Articulation / Appearance
Where visible from a public street or open space:
i. Buildings shall demonstrate both horizontal and
vertical articulation.
ii. Buildings shall maintain a facade rhythm expressed
by a change in building plane, stepping portions of
facades in and out, utilizing balconies, windows,
columns or pilasters that are distinctly set out from
the facade, undulating the roof line by changing the
Example: Facade Rhythm
Example: Undulating Roof Line
Ordinance No. 2020-05, Page 5
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ix.
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height of the parapet, or changing types or colors of materials in combination with
other techniques.
Balconies may extend over the sidewalk if they maintain
a minimum ten (10) feet of clearance above the
sidewalk, minimum distance of five (5) feet from the
back of curb, and do not interfere with street tree
growth or utilities (above or below grade). Any
encroachment of balconies over the street right-of-way
will require a license agreement with the Town.
Buildings shall be designed and constructed as tri-
partite architecture, with a distinct base, middle and
top. An expression line, setback or other architectural
element will delineate the base and top.
MAM Z. U3 ..
Base
Example: Tripartite Architecture
Example: Balconies Extending
Over Sidewalk
Primary entrances to buildings shall be located on the street along which the
building is oriented. At intersections, corner buildings may have the primary
entrances oriented at an angle to the intersection.
All primary entrances to buildings shall be covered with awnings, canopies, or be
inset behind the front fagade a minimum four (4) feet. A door shall not be
permitted to swing into a public right-of-way or sidewalk area.
Secondary and service entrances shall be located along alleys, or internal parking
areas.
The ground floor level of buildings shall have a
minimum of 45% and maximum of 65% of the
facade comprised of window area. A reduction
of up to 10% may be granted if specific building
design conditions warrant with approval of the
Director of Development Services or his/her
designee.
Floors above the ground floor level shall have a
minimum of 30% and a maximum of 60% of the
facade comprised of window area. A reduction Example: Ground Floor Window Area -
of up to 10% may be granted if specific building Fo�ode
design conditions warrant with approval of the
Director of Development Services or his/her designee.
The base color for the primary fagade shall be muted colors that would commonly
occur in natural stone or clay fired brick. Trim accents can be either a contrasting or
harmonizing color, as long as the colors do not contrast so strongly that they do not
Ordinance No. 2020-05, Page 6
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read as a part of the overall facade composition. The use of bright, high -intensity
colors is subject to Director of Development Services or his/her designee approval.
Building Walls
i. Materials
Each exterior wall shall comply with the following materials requirements:
a) Primary Materials (>_75%)
1) Clay -Fired Brick
2) Natural Stone
b) Secondary Materials (!525%) (Above Ground Floor only)
1) Wood -based, high-pressure laminate (e.g. Compact Wood, Trespa,
Prodema, or equal)
2) Three -Coat Stucco
c) Accent Materials (510%)
1) Pre -cast stone
2) Metal Accents
3) Tile
4) Cement Board
5) Other as permitted with approval of the Director of Development Services
or his/her designee.
ii. Techniques and Configurations
a) Blank facades are prohibited fronting along a street or public open space in
lengths greater than twenty (20) linear feet. Design treatments to eliminate
blank facades are subject to Director of Development Services or his/her
designee approval based on the ability to enhance the pedestrian and visual
environment and can include items such as transparent windows and doors,
display windows and/or awnings.
Example: Blank Facade
Ordinance No. 2020-05, Page 7
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All elevations visible from the public open space or street shall be designed as
building facades. Buildings occupying corner lots shall have two facades and
each facade should be treated with equal design attention (e.g. parapet walls).
Exterior facade material transitions from base to middle or middle to top should
be made in one of two ways:
1) Horizontally, through a shift in vertical plane toward the interior, or
2) Vertically, through a change in building materials or the use of trim along a
level line.
In buildings which have more than one material, the "heavier' material should
go below the "lighter' material
(e.g. a three -coat stucco wall 44%,._
iu
Corner Lot with Two Facades
Example: "Heavier" Materials below "Lighter" Materials
upper story with a stone or brick base).
Roofs and Parapets
The majority of existing roofs on the older IN
commercial buildings in Old Town are flat with
a parapet, creating a distinct architectural
character. Roofs on new buildings in the Old
Town area, while not required to be flat, shall
have a similar look to the older commercial
buildings. Provision for roof -top dining,
entertaining, or outdoor gathering spaces is
encouraged.
i. Materials !-=
a) Roofs may be constructed of any material
that is permitted by applicable building `
codes. Example: Roof -Top Dining and
b) For flat roofs, "Green Roofs" are Entertaining
encouraged and may be used in lieu of any
other roofing material with approval of the Director of Development Services or
his/her designee.
Ordinance No. 2020-05, Page 8
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Techniques and Configurations
a) Flat roofs
1) Cornices must be provided for flat
roofs.
2) Cornices shall project horizontally a
minimum of six (6) inches and
maximum of twelve (12) inches
beyond the facade of the building
for each story up to the maximum
height.
b) Pitched Roofs
1) If a pitched roof is provided, the
highest point of the
ridgeline shall be
concealed from
surrounding streets or
open spaces by a parapet.
The parapet shall not
exceed six (6) feet in
height.
c) Eaves
1) If provided, eaves must
overhang the principal Example: Ridgeline Concealed Behind Parapet
building a minimum of eighteen (18) inches to a maximum thirty (30) inches
for the initial two building
stories. For additional
building stories, eaves
must overhang the
principal building a
minimum twenty-four
(24) inches to maximum
forty-two (42) inches.
Roof Mounted Equipment
a) All roof -mounted equipment,
including fans, vents, air Example: Overhanging Eaves
conditioning units, and
cooling towers, shall be screened to eliminate the view of the equipment.
b) The height of the screening device shall equal the height of the tallest element
of roof -mounted equipment.
c) A parapet or architectural design element on a building shall screen mechanical
equipment; however, the parapet or architectural design element shall be
limited to maximum six (6) feet in height. Mechanical equipment taller than the
parapet or architectural design element shall be screened by an additional
screening device to achieve the required screening height.
d) The outside of the screening device shall be painted or finished in a similar color
to the building facade, trim or roof surface.
e) Roof -mounted equipment and the inside of the screening device shall be
painted similar to the color of the roof surface in order to minimize the visibility
Example: Cornices
Ordinance No. 2020-05, Page 9
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of the equipment and screening mechanism from overhead views from adjacent
properties.
e. Windows, Doors, Awnings and Canopies
Windows lining a building facade establish the scale and rhythm of the streetscape for
pedestrians. This scale is controlled by the placement, type and sizes of windows. For
commercial buildings, windows allow for goods and customers to be viewed, thus
creating interaction between the building and public realm.
i. Windows
a) Materials
1) Anodized aluminum, wood, clad wood, vinyl or steel frame.
2) Ornamental glass (leaded, stained) may be allowed with approval of the
Director of Development Services or his/her designee.
3) Mirrored glass is prohibited.
4) Window screens shall match the window frame material color or shall be
dark anodized. Window screens shall be prohibited on ground floor of
buildings.
5) Exterior solar screens shall not be allowed to cover windows or doors.
6) Windows shall not be made opaque by signage or other application
treatments. However, movable interior sunscreens or blinds shall be
permitted.
7) Black glass, opaque glass and other "false window" techniques are prohibited.
Example: False Window
8) At the ground floor level:
(a) Windows shall have a minimum 60%visible light transmittance.
(b) Windows having a visible light transmittance less than 60% may be
allowed by the Director of Development Services or his/her designee in
order for the windows to satisfy building code requirements related to
energy efficiency, provided that the windows maximize, to the extent
possible, the visible light transmittance desired for commercial uses at
the ground floor level for urban streetscape environments to maximize
the visibility of the interior activities of the building.
Ordinance No. 2020-05, Page 10
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(c) Operable windows including
decorative overhead doors shall
be permitted in restaurants and
outdoor dining locations.
Techniques and Configurations
1) All Windows
(a) The horizontal dimension of
window openings shall not
exceed the vertical dimension
without approval of the Director
Example: Operable Windows and Overheaa
of Development Services or Doors
his/her designee.
(b) Horizontal groupings of windows not to exceed five (5) per group,
where separated by a mullion, column, or wall section a minimum of
seven (7) inches wide.
(c) Exterior shutters shall be sized and mounted appropriately for the
window opening and will be one half the width of the adjacent window.
(d) Windows shall be a minimum of thirty (30) inches from building corners,
unless separated by a corner mullion or column twice the width used in
the grouping.
ii. Doors
a) Materials
1) Wood, clad wood, anodized aluminum, glass and/or steel.
b) Techniques and Configurations
1) Doorway entries shall be recessed four (4) feet or more behind the fa4ade
of the building. Where a four (4) foot setback is not possible due to existing
constraints, the doorway shall have a canopy or awning.
;l
Example: Canopy or Awning over Non -Recessed
Door
txarnple: Recessed Door
2) Service, security or garage doors shall not be placed along street frontages
or open spaces; however, these entries may be placed along alleys or
internal parking areas.
iii. Awnings and Canopies
a) Materials
1) Metal, canvas, or tempered glass
b) Techniques and Configurations
Ordinance No. 2020-05, Page 11
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1)
2)
3)
4)
5)
2. Definitions
Awnings or canopy shall extend a maximum of eight (8) feet from the
building facade over the sidewalk for at least 75% of the frontage of the
building.
Minimum eight (8) foot clearance above sidewalks.
Shall be constructed in such a way as
to be durable and consistent with the
architectural character of the
building.
When used, shall be located to
provide shading for ground floor
exterior windows and doors and shall
cover the entire width of the window
opening or groups of windows.
Shall be placed in such a manner as
to emphasize the architectural
features of the building.
Example: Awnings Highlighting Architectural
Features
For the purposes of this Ordinance, the following words shall have the following definitions
ascribed to them. Words not defined in this Ordinance shall be given their common and
ordinary meaning.
Cornice. An ornamental molding just below the roofline that frames or supports the upper
facade and includes any eaves or other overhangs beneath the roof.
Eaves. The edges of a roof that project outward from the main structure of a building and
overhang the wall.
FaVade. The exterior walls of a structure that are visible to an observer from the outside,
especially at the ground level.
Ground Floor. That portion of a building from the street -level finish floor elevation and
extended twelve and one-half feet above the street -level finish floor elevation.
Green Roof. A building roof that is partially or entirely covered by greenery or vegetation,
requiring the use of a growing medium in-between the structure and the plants above and
providing insulation, shade, and aesthetic improvements for the structure's inhabitants.
Ridgeline. The peak of a roof where two or more sloped surfaces meet to form the top of
the building or structure.
Solar Screen. A special window screen mesh, often opaque, that is specially designed for sun
control.
Three -Coat Stucco. The traditional application of plaster or a plaster -like material, often
composed of Portland cement, sand, and lime, in three coats to cure and strengthen the
exterior of a building or structure.
Tri-Partite Architecture. The aesthetic division of a structure into three distinct parts, such
as the base, shaft, and capital of a Classical column.
Visible Light Transmittance. The amount of light that is transmitted, and thus visible,
through a window.
Window Screen. A screen, usually of wire mesh, designed to fit into a window frame and
keep out insects when the window is open.
Ordinance No. 2020-05, Page 12