08-115 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO.08-115
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTER 4, SECTION 8 OF ZONING ORDINANCE NO. 05-20; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has determined
that Chapter 4, Section 8 of the Town of Prosper, Texas ("Prosper") Zoning Ordinance No.05-20 should
be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper's Zoning Ordinance No. 05-20. Chapter 4, Section 8 of
the Town of Prosper's Zoning Ordinance No. 05-20 are hereby amended to read as follows:
NON-RESIDENTIAL DESIGN AND DEVELOPMENT
8.1 APPLICABILITY
The regulations provided in Sections 8.2 — 8.6 shall apply to all office, retail, restaurant, service,
automobile, and commercial uses. The regulations provided in sections 8.7 — 8.10 shall apply to
all industrial, wholesale, and institutional uses. Where the regulations of this Section conflict
with other Sections of this Ordinance, the regulations of this Section shall apply.
OFFICE, RETAIL, RESTAURANT, SERVICE, AUTOMOBILE, AND COMMERCIAL
DEVELOPMENT STANDARDS
8.2 EXTERIOR APPEARANCE OF BUILDINGS AND STRUCTURES
A. All exterior facades of an office, retail, restaurant, and commercial building or structure,
excluding glass windows and doors, shall be constructed using the permitted buildings
materials in Chapter 4, Section 8.2 (B. & Q.
B. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured
stone, granite, marble, architectural concrete block, split face concrete masonry unit, and
architecturally finished concrete tilt wall.
C. Secondary materials used on the fagade of a building are those that comprise a total of ten
(10) percent or less of an elevation area. Permitted secondary materials are all primary
materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and
high impact exterior insulation and finish systems (EIFS).Stucco and EIFS are only permitted
a minimum of nine (9) feet above grade..
D. No single material shall exceed eighty (80) percent of an elevation area. A minimum of
twenty (20) percent of the front facade and all facades facing public right-of-way shall be
natural or manufactured stone. A minimum of ten (10) percent of all other facades shall be
natural or manufactured stone.
E. All buildings with a footprint of less than ten thousand (10,000) square feet and located 100
feet or less from a residential zoning district shall incorporate a pitched, gabled, mansard,
hipped, or otherwise sloped roof. All sloped roofs shall have a six (6) in twelve (12) inch
minimum slope. All buildings with a footprint of less than ten thousand (10,000) square feet
and located 100 feet or greater from a residential zoning district shall incorporate a pitched,
gabled, mansard, hipped, or otherwise sloped roof, or a flat roof with an articulated parapet
wall or cornice. Wood shingles are prohibited. Composition shingles are allowed provided
they have architectural detail and a minimum 30 year life.
F. All buildings with a footprint of ten thousand (10,000) square feet and greater shall
incorporate sloped roof elements including, but not limited to pitched roofs on towers or
arcades, sloped awnings, sloped parapets. Flat roofs are permitted with an articulated
parapet wall or cornice in place of the required sloped roof elements. The sloped elements
shall be provided along a minimum of sixty (60) percent of each wall's length. All sloped
roof elements shall have a six (6) in twelve (12) inch minimum slope. Wood shingles are
prohibited. Composition shingles are allowed provided they have architectural detail and a
minimum 30 year life.
G. In the DTR and DTC Districts, an articulated parapet wall or cornice may be used in place of
the sloped roof as required in Section 8.2(E) and (F) above.
H. All buildings shall be designed to incorporate a form of architectural articulation every thirty
(30) feet, both horizontally along each wall's length and vertically along each wall's height.
Acceptable articulation may include the following:
• Canopies, awnings, or porticos;
• Recesses/projections;
• Arcades;
• Arches;
• Display windows, including a minimum sill height of thirty (30) inches;
• Architectural details (such as tile work and moldings) integrated into the building facade;
• Articulated ground floor levels or base;
• Articulated cornice line;
• Integrated planters or wing walls that incorporate landscape and sitting areas;
• Offsets, reveals or projecting rib used to express architectural or structural bays; or
• Varied roof heights;
I. In the DTR and DTC Districts, all windows shall include a minimum sill height of eighteen
(18) inches.
J. All buildings shall be architecturally finished on all four (4) sides with same materials,
detailing, and features except the rear if two (2) rows of trees are planted on the perimeter
behind the building. In this case, the architectural finish must match the remainder of the
8.3
building in color only. A double row of trees on offset fifty (50) foot centers in a fifteen (15)
foot landscape edge, where fifty (50) percent of the trees are canopy evergreen trees. This is
for facades that are not visible from public streets and apply to anchor buildings and attached
in line spaces only. This provision does not apply to "out" buildings or pad sites.
K. Windows shall have a maximum exterior visible reflectivity of ten (10) percent. The intent of
this provision is to prevent the safety hazard of light reflecting from the windows on to
adjacent roadways.
L. All retail/commercial buildings with facades greater than two hundred (200) feet in length
shall incorporate wall plane projections or recesses that are at least six (6) feet deep.
Projections/recesses must be at least twenty five (25) percent of the length of the facade. No
uninterrupted length of facade may exceed one hundred (100) feet in length. This
requirement does not apply to building developed and occupied entirely for office uses.
M. All buildings within a common development, as shown on a Preliminary Site Plan, shall have
similar architectural styles, materials, and colors.
1. Conceptual facade plans and sample boards shall be submitted with the Preliminary Site
Plan application for all non-residential uses. The purpose of the conceptual facade plan is
to ensure consistency and compatibility for all buildings within a single development.
Facade plans will be used only to ensure minimum standards are met.
A final facade plan and sample boards shall be submitted with the Final Site Plan
application for all non-residential uses. Facade plans will be used only to ensure
minimum standards are met. Facade plans shall be reviewed and approved by the
Director of Development Services or his/her designee. The applicant may appeal the
decision to the Planning & Zoning Commission and Town Council using the appeal
procedure in Chapter 4, Section 1 of this Ordinance.
N. All primary and secondary exterior building materials (exclusive of glass) shall be of natural
texture and shall be neutrals, creams, or other similar, non -reflective earth tone colors.
Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue,
violet, or green are not permitted.
O. Corporate identities that conflict with the building design criteria shall be reviewed on a case -
by -case basis and approved by the Director of Development Services or his/her designee.
The applicant may appeal the decision to the Planning & Zoning Commission and Town
Council using the appeal procedure in Chapter 4, Section 1 of this Ordinance.
P. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color
of the building or an accent color. Natural metal finishes (patina) are an acceptable
alternative to paint.
BIG BOX REQUIREMENTS
A. Big Box uses are permitted by right with appropriate zoning and within retail/commercial
centers adjacent to University Drive (U.S. 380), Dallas Parkway, or Preston Road.
B. Big Box uses are permitted by Specific Use Pen -nit (SUP) in other areas where zoning is
appropriate.
8.4 CIRCULATION AND PARKING REQUIREMENTS
A. Internal drive aisles shall be designed to incorporate ninety (90) degree intersections. A five
(5) degree variance is allowable.
B. All parking spaces for a building must be located within three hundred and fifty (350) feet of
walking distance from the building's public entrance. Big Box uses are excluded from this
provision.
C. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
D. Speed bumps are not permitted within a fire lane.
E. Drive aisles in front of buildings cannot be longer than three hundred (300) feet continuous
without an offset equal to the width of the drive aisle, traffic circle, or other acceptable
traffic -calming feature approved by the Director of Development Services or his/her
designee.
F. Restaurants shall receive a fifty percent (50%) reduction to the required parking for areas
designated as outdoor dining. The reduction in parking only applies to parking spaces that
are required due to the square footage of the outdoor dining area.
8.5 LANDSCAPING AND OPEN SPACE REQUIREMENTS
A. Required parking lot trees may be consolidated into groups under the following conditions:
1. The number of required trees is one (1) per ten (10) parking spaces.
2. Consolidated tree islands require one hundred and eighty (180) square feet per tree.
3. The maximum run of parking spaces is increased from fifteen (15) to thirty (30).
4. This consolidation does not include the tree islands at the end of a row of parking or
along perimeter parking rows that face a drive aisle or street.
5. A consolidated tree island shall not be located closer than five (5) parking spaces from an
end of row tree island.
B. All uses containing a drive-in or drive-thru shall be subject to the following standards:
1. A minimum ten (10) foot wide landscape island shall be constructed around the outer
edge of the drive-thru lane for a minimum distance to equal the length of stacking
required for the drive-thru facility.
2. The landscape island shall contain minimum three (3) inch caliper evergreen or
deciduous trees planted fifteen (15) feet on -center with minimum five (5) gallon shrubs
planted three (3) feet on center. Ornamental trees evenly interspersed between the
evergreen or deciduous trees may be substituted for the shrubs. If the landscape island is
located on the perimeter of the property, perimeter landscaping requirements may be
applied towards this requirement.
C. A final open space plan shall be submitted with the Final Site Plan application for all non-
residential uses. Open space plans will be used only to ensure minimum standards are met.
Open space plans shall be reviewed and approved by the Director of Development Services
or his/her designee. The applicant may appeal the decision to the Planning & Zoning
Commission. For nonresidential development, seven (7) percent of the net lot area is
required to be provided as open space. The open space may consist of any element that is not
one of the following:
1. Vehicular paving.
2. Required parking lot landscape islands.
3. Building footprint.
4. Utility yards.
5. Required landscape setbacks.
6. Sidewalks, unless the sidewalk is designated as an outdoor dining area on the approved
site plan.
7. Detention ponds. Detention ponds that are located between the building and street and
contain a constant water level, are landscaped, or otherwise treated as an amenity for the
development, as determined by the Director of Development Services or his/her designee,
may be calculated toward the required open space.
8.6 ACCESS REQUIREMENTS
A. All retail/commercial driveways served by a median opening shall be divided.
B. All retail/commercial properties shall have access to a median opening either directly, or
through cross access.
C. All non-residential lots shall provide cross access drive aisles to adjacent non-residential
properties.
1. If used as a fire lane, the cross access drive aisle shall meet all the criteria for a fire lane.
2. A shared driveway located along a common property line is encouraged and satisfies the
requirement for cross access.
INDUSTRIAL, WHOLESALE, AND INSTITUTIONAL DEVELOPMENT STANDARDS
8.7 EXTERIOR APPEARANCE OF BUILDINGS AND STRUCTURES
A. All exterior facades of a industrial, wholesale, or institutional building or structure, excluding
glass windows and doors, shall be constructed using the permitted buildings materials in
Chapter 4, Section 8.2 (B. & C).
B. Permitted primary exterior materials are clay fired brick, natural, precast, and manufactured
stone, granite, marble, architectural concrete block, split face concrete masonry unit, and
architecturally finished concrete tilt wall.
C. Secondary materials used on the facade of a building are those that comprise a total of ten
(10) percent or less of an elevation area. Permitted secondary materials are all primary
materials, aluminum or other metal, cedar or similar quality decorative wood, stucco, and
high impact exterior insulation and finish systems (EIFS).Stucco and EIFS are only permitted
a minimum of nine (9) feet above grade..
D. No single material shall exceed eighty (80) percent of an elevation area. A minimum of
twenty (20) percent of the front facade and all facades facing public right-of-way shall be
clay fired brick or natural, precast, or manufactured stone. The clay fired brick or natural,
precast, or manufactured stone shall be located at the main entry points of the building.
E. The front facade, all facades facing public right-of-way, and all facades facing property that
is zoned or designated on the Future Land Use Plan for residential uses shall be
architecturally finished with same materials, detailing, and features. The architectural finish
of all other facades must match the remainder of the building in color only.
F. All buildings with a front facade or a facade facing public right-of-way which are greater than
two hundred (200) feet in length shall incorporate projections or recesses that are at least six
(6) feet deep. Projections/recesses must be at least twenty (20) percent of the length of the
facade.
G. Windows shall have a maximum exterior visible reflectivity of ten (10) percent. The intent of
this provision is to prevent the safety hazard of light reflecting from the windows on to
adjacent roadways.
H. All buildings within a common development, as shown on a Preliminary Site Plan, shall have
similar architectural styles, materials, and colors.
1. Conceptual facade plans and sample boards shall be submitted with the Preliminary
Site Plan application for all non-residential uses. The purpose of the conceptual
facade plan is to ensure consistency and compatibility for all buildings within a single
development. Facade plans will be used only to ensure minimum standards are met.
2. A final facade plan and sample boards shall be submitted with the Final Site Plan
application for all non-residential uses. Facade plans will be used only to ensure
minimum standards are met. Facade plans shall be reviewed and approved by the
Director of Development Services or his/her designee. The applicant may appeal the
decision to the Planning & Zoning Commission and Town Council using the appeal
procedure in Chapter 4, Section 1 of this Ordinance.
I. All primary and secondary exterior building materials (exclusive of glass) shall be of natural
texture and shall be neutrals, creams, or other similar, non -reflective earth tone colors.
Bright, reflective, pure tone primary or secondary colors, such as red, orange, yellow, blue,
violet, or green are not pennitted.
J. Corporate identities that conflict with the building design criteria shall be reviewed on a case -
by -case basis and approved by the Director of Development Services or his/her designee.
The applicant may appeal the decision to the Planning & Zoning Commission and Town
Council using the appeal procedure in Chapter 4, Section 1 of this Ordinance.
K. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match the color
of the building or an accent color. Natural metal finishes (patina) are an acceptable
alternative to paint.
8.8 CIRCULATION AND PARKING REQUIREMENTS
A. Internal drive aisles shall be designed to incorporate ninety (90) degree intersections. A five
(5) degree variance is allowable.
B. Parking spaces that face and are adjacent to a building shall utilize curbs, wheel stops, and/or
bollards.
C. Speed bumps are not permitted within a fire lane.
D. No more than ten (10) percent of the required parking can be located in the service/loading
area of a building except for buildings located on the street.
8.9 LANDSCAPING AND OPEN SPACE REQUIREMENTS
A. Required parking lot trees may be consolidated into groups under the following conditions:
1. The number of required trees is one (1) per ten (10) parking spaces.
2. Consolidated tree islands require one hundred and eighty (180) square feet per tree.
3. The maximum run of parking spaces is increased from fifteen (15) to thirty (30).
4. This consolidation does not include the tree islands at the end of a row of parking or
along perimeter parking rows that face a drive aisle or street.
5. A consolidated tree island shall not be located closer than five (5) parking spaces from an
end of row tree island.
B. All uses containing a drive-in or drive-thru shall be subject to the following standards:
1. A minimum ten (10) foot wide landscape island shall be constructed around the outer
edge of the drive-thru lane for a minimum distance to equal the length of stacking
required for the drive-thru facility.
2. The landscape island shall contain minimum three (3) inch caliper evergreen or
deciduous trees planted fifteen (15) feet on -center with minimum five (5) gallon shrubs
planted three (3) feet on center. Ornamental trees evenly interspersed between the
evergreen or deciduous trees may be substituted for the shrubs. If the landscape island is
located on the perimeter of the property, perimeter landscaping requirements may be
applied towards this requirement.
C. A final open space plan shall be submitted with the Final Site Plan application for all non-
residential uses. Open space plans will be used only to ensure minimum standards are met.
Open space plans shall be reviewed and approved by the Director of Development Services
or his/her designee. The applicant may appeal the decision to the Planning & Zoning
Commission. For nonresidential development, seven (7) percent of the net lot area is
required to be provided as open space. The open space may consist of any element that is not
one of the following:
1. Vehicular paving.
2. Required parking lot landscape islands.
3. Building footprint.
4. Utility yards.
5. Required landscape setbacks.
6. Sidewalks, unless the sidewalk is designated as an outdoor dining area on the approved
site plan.
7. Detention ponds. Detention ponds that are located between the building and street and
contain a constant water level, are landscaped, or otherwise treated as an amenity for the
development, as determined by the Director of Development Services or his/her designee,
may be calculated toward the required open space.
8.10 ACCESS REQUIREMENTS
A. All non-residential lots shall provide cross access drive aisles to adjacent non-residential
properties.
1. If used as a fire lane, the cross access drive aisle shall meet all the criteria for a fire lane.
2. A shared driveway located along a common property line is encouraged and satisfies the
requirement
SECTION 4: Savings/Repealing Clause: Prosper's Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed, 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 portions of
said ordinance shall remain in full force and effect.
SECTION 5: Severability: 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.
Prosper 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 6: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to
enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state
and federal law.
SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 25"' day of November, 2008.
APPROVED��RM:
harles i ger, Mayor
/I / .�VIA
A /
Denton, IF
Town Secretary
DATE OF PUBLICATION. ��C�'�� 2 a 646 , Dallas Morning News —
Amn
8
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in the Dallas Morning News on:
TOWN OF
PROSPER, TEXAS
ORDINANCE NO. 08-115
December 4, 2008
Sworn to and subscribed before me this
JAI'ET THOMASON
vr✓ OOIv1MISSIOi. EXPIRES
January 30, 2011
December 5, 2008
(Notary Public)