2020-43 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-43
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE BY ADDING
THERETO A NEW SUBSECTION 1.11, "WAIVER OF CERTAIN
DEVELOPMENT REGULATIONS BY THE TOWN MANAGER," CONTAINED IN
SECTION 1, "SITE PLAN PROCESS," OF CHAPTER 4, "DEVELOPMENT
REQUIREMENTS"; PROVIDING FOR A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, one of the problems inherent in traditional Euclidian zoning regulations, like
those of the Town of Prosper ("Town"), is that on occasion there may be a lack of flexibility in
applying such zoning regulations to specific projects, and scholarly commentaries have noted
such concerns, for example in § 20:62, "Standards and the flexibility issue," in Rathkopf's The
Law of Zoning and Planning; and
WHEREAS, while certainly acknowledging that it is desirable to strictly enforce Town land
use regulations, on occasion a project may present such challenges where some minor flexibility
may be required and is desirable, while nonetheless upholding the policy purposes underpinning
the Town's zoning and land use regulations; and
WHEREAS, the Town previously has acknowledged the need for flexibility in the land
development process, for example, in Section 1.7, "Amendments," of Chapter 4, "Development
Requirements," in which the Director of Planning and/or his designee may approve minor site plan
amendments, subject to certain limitations contained therein; and
WHEREAS, it is the desire of the Town Council to allow the Town Manager to possess
similar limited authority to approve waivers of certain site development regulations, subject to
those limitations enunciated in this Ordinance; and
WHEREAS, after public notice and public hearing as required by law, and upon due
deliberation and consideration of the recommendation of said Planning & Zoning Commission
and of all testimony and information submitted during said public hearing, the Town Council of
the Town of Prosper, Texas, has determined that it is in the public's best interest and in
furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend
the Town's Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, and they are hereby approved and incorporated into the body of
this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, Section 1, "Site Plan Process,"
contained in Chapter 4, "Development Requirements," of the Town's Zoning Ordinance is hereby
amended by adding thereto a new Subsection 1.11, "Waiver of Certain Development Regulations
by the Town Manager," to read as follows:
"SECTION 1
SITE PLAN PROCESS
1.11 WAIVER OF CERTAIN DEVELOPMENT REGULATIONS BY THE TOWN MANAGER
Notwithstanding the authority granted to the Director of Development Services or his//her
designee to approve or disapprove minor amendments, pursuant to Subsection 1. 7 of this
Section, as amended, the Town Manager is hereby authorized to approve minor waivers
or exceptions to any of the following development regulations contained in this Chapter:
site plan requirements (Section 1), landscaping (Section 2), tree mitigation (Section 3),
parking and loading requirements (Section 4), screening fences and walls (Section 5),
outdoor lighting (Section 6), accessory buildings (Section 7), and non-residential design
and development (Section 8), all as amended.
In no event shall the Town Manager approve any waiver or exception to a requirement
that would (1) alter the permitted uses on the property; (2) increase the permitted density;
(3) increase any permitted building height; (4) reduce any required setbacks; or (5) alter
any fagade requirements. Moreover, the Town Manager is not authorized and shall not
approve any waiver or exception for any development requirement contained in a duly -
authorized development agreement, including any requirements relative to building
products or materials, or aesthetic method in the construction, renovation, maintenance
or other alteration of a building."
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. 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 or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of two thousand dollars ($2,000.00) for each offense.
Ordinance No. 2020-43, Page 2
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law; however, the provisions of this Ordinance shall not be applicable to any
residential development or tract of land for which one or more final plats has been approved by
the Town as of the effective date of this Ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 12th DAY OF MAY, 2020.
Ray Smith, May r
ATTEST:
Melissa Lee, Tow Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 2020.43, Page 3