16-31 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 16-31
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE TOWN'S ZONING ORDINANCEBYINITIALLY
ZONING AND REZONING A TRACT OF LAND CONSISTING OF 82.891
ACRES, MORE OR LESS, SITUATED IN THE WILLIAM BUTLERSURVEY,
ABSTRACT NO. 112,IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, A PORTION OF WHICH TRACT HERETOFORE WAS LOCATED IN
THE TOWN'S EXTRATERRITORIAL JURISDICTION AND WAS NOT ZONED,
AND A PORTION OF WHICH TRACT WAS ZONED SINGLE FAMILY -15 (SF -
15), ALL OF WHICH PORTION IS CURRENTLY LOCATED IN THE TOWN'S
CORPORATE LIMITS,HEREBY ZONING AND REZONING ALL OF SAID
TRACT ASPLANNED DEVELOPMENT -SINGLE FAMILY-10(PD-SF-10);
PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVING 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 (the "Town Council"),has
investigated and determined that the Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from
Warren Clark Development, Inc.("Applicant"),to zone and rezone 82.891acres of land, more or
less ("the Property"), situated in the William ButlerSurvey, Abstract No.112,in the Town of
Prosper, Collin County, Texas; and
WHEREAS, a portion of the Property was located in the Town's extraterritorial
jurisdiction, and consequently had no zoning classification, until annexation into the Town's
corporate limits, and a portion of the Property was located in the Town's corporate limits and
previously had been zoned; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed zoning and rezoning
and all other requirements of notice and completion of such zoning procedures have been
fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property 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
Amendments to the Town's Zonino Ordinance.T'he Town's Zoning Ordinance is
amended as follows: The zoning designation of the below -described Property containing
82.891 acres of land, more or less, situated in the William Butler Survey, Abstract No. 112,in the
Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways
contiguous and/or adjacent thereto is hereby zoned and rezoned as Planned Development -
Single Family -10 (PD -SF -10). The property as a whole and the boundaries for each zoning
classification are more particularly described in Exhibit "A," attached hereto and incorporated
herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the statement of intent and purpose,
attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as
Exhibit "C"; 3) the conceptual development plan requirements, attached hereto as Exhibit "D";
and 4) the development schedule, attached hereto as Exhibit "E", which are incorporated herein
for all purposes as if set forth verbatim.Except as amended by this Ordinance, the development
of the Property within this Planned Development District must comply with the requirements of
all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended.
Two (2) original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an originalrecord
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy and enforcing the
zoning ordinance. Reproduction for information purposes may from time -to -time be
made of the official zoning district map.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200') of the District to be
amended.
SECTION 3
No Vested InterestlReoeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Ordinance.
Ordinance No. 16-31, Page 2
SECTION 5
Penaltv. Any person, firm, corporation or business entity violating this Ordinance or any
provision of the Town's Zoning Ordinance, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any 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 6
Severabilitv. 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 7
Savinos/Reoealino Clause, The Town's Zoning Ordinance 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 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 appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 10thDAY OF MAY, 2016.
Ray Smith,, Mayon
Town Secretary
Ordinance No. 16-31, Page 3
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 16-31, Page 4
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EXHIBIT B
PARKSIDE
STATEMENT OF INTENT AND PURPOSE
Parkside is intended to be a high quality, gated, single family neighborhood which is compatible with its
surrounding uses. It is anticipated the neighborhood will have a broad mix of residents ranging from
empty nesters in 1 -story homes to families drawn to the community and schools in larger, 2 -story homes.
Parkside will provide an opportunity to create a place that has the quality of life Prosper residents expect
as well as easy access to other areas in the Dallas -Fort Worth Metro-plex.
Parkside reflects the timeless design principles which are aimed at creating comfortable and attractive
places for families to live. Your arrival into the neighborhood reflects the balance between the manmade
and natural environments.
This relationship is further highlighted with the design of Parkside. The neighborhood is designed with
an emphasis on a centrally located common green. Many of the streets within the neighborhood terminate
at the green drawing both residents and visitors to this significant neighborhood amenity. Other streets
draw your attention to the natural environment by terminating at tree lined creeks and their associated
environs.
In concert with the design of the neighborhood, development standards have been created to complement
existing nearby neighborhoods by building upon major trends in household type, characteristics, and
preferences as a means of enhancing the attractiveness of the area.
This thoughtful coalescence of public and private realms creates a neighborhood attractive to a broad
assortment of groups wanting to call Prosper home.
PARKSIDE FEB 16, 2016
Ordinance No. 16-31, Page 6
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set
forth in these Development Standards, the regulations of the Town's Zoning Ordinance (Ordinance No.
05-20 as it exists or may be amended) and the Subdivision Ordinance (as it exists or may be amended)
shall apply.
TRACT A
1. Except as noted below, the Tract shall develop in accordance with the Single Family -10 (SF -10)
District, as it exists or may be amended.
2. Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the attached concept plan,
set forth in Exhibit D.
3. Uses. Uses shall be permitted in accordance with the SF -10 District with the exception of the
following uses which shall be permitted by right:
a. Private Street Development
4. Regulations
a. Thoroughfare Screening. Thoroughfare screening shall be permitted in accordance with the
Subdivision Ordinance as it exists or may be amended, with the exception of the following:
1. A minimum 40' wide landscape buffer shall be provided adjacent to Coit Road.
PARKSIDE 1 1 1, \ (,I APR 5, 2016
Ordinance No. 16-31, Page 7
b. Lot Area Regulations
LOT TYPE 1
LOT TYPE 2
.. .. .. .. .. .. .
LOT TYPE 3
LOT TYPE 4
Minimum Lot Area 15,000 SQ FT
12,600 SQ FT
10,800 SQ FT
10,125 SQ FT
Minimum Lot Width 100'
9011
80'
75'
Minimum Lot Depth 135'
135'
130'
130'
Minimum Front Yard See Ex. D1
Minimum Side Yard
Interior Side 10'
Street Side -Corner Lot 15'
Minimum Rear Lot
25'
(Unk
Maximum Height 40'-2.5 Stories
Minimum House Size 3,000 SQ FT
Maximum Lot Coverage 45%
See Ex. DI
10'
15"
25'
20'
See Ex. D 1
7.5'
15'
20'
!ss otherwise shown on Exhibit Dl)
40'-2.5 Stories 40'-2.5 Stories 40'-2.5 Stories
3,000 SQ FT 2,800 SQ FT 2,600 SQ FT
50% 55% 55%
c. Driveways
1. A minimum 12" wide band of pavers or stamped concrete is required between a driveway and
approach, but shall not be located within the right-of-way and/or parkway.
d. Fencing
1. No wood fence shall exceed 8' in height or 6' in height if on a 2' or taller retaining wall.
2. All permitted wood fences shall consist of board -on -board, in accordance with the fence
ordinance, as it exists or may be amended.
3. Corner lots adjacent to a street shall consist of ornamental metal fencing, not to exceed 6' in
height.
4. All fence returns shall consist of ornamental metal, not to exceed 6' in height.
e. Front Yard Staggered Setbacks
PARKSIDE 2 I P \ , i
Ordinance No. 16-31, Page 8
APR 5, 2016
1, Exhibit D 1 shall be used to determine the front and rear yard setbacks for single family lots in
Parkside. This exhibit shall be used in the place of the requirements established in Chapter 4,
Section 9.3.F of the Prosper Zoning Ordinance.
f. Access
1. Access A, as shown on Exhibit D, shall be for emergency access for the Town of Prosper
police, fire, and EMS vehicles only.
a. Prior to the commencement of construction of the Parkside neighborhood, Access A shall
be barricaded to prevent construction traffic. The emergency access only gate shall be
provided prior to acceptance of the subdivision.
2. Access B, as shown on Exhibit D, shall be for emergency access and exit only.
a. During construction of the Parkside neighborhood, Access B shall be utilized as the
primary contractor entrance and exit.
PARKSI®s 3 1 1' � k i APR 5, 2016
Ordinance No. 16-31, Page 9
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EXHIBIT E
PARKSIDE
DEVELOPMENT SCHEDULE
It is anticipated that construction of the Parkside neighborhood will begin in the summer of 2016,
PARKSIDE
Ordinance No. 16-31, Page 13
JAN 19, 2016