15-36 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-36
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 9.440 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED
AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT -SINGLE FAMILY -15 (PD -SF -15); DESCRIBING THE TRACT
TO BE REZONED; PROVIDING FOR 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 Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from
Baldwin Associates, LLC ("Applicant') to rezone 9.440 acres of land, more or less, situated in
the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas; 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 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 Zoninq Ordinance No. 05-20 and Ordinance No. 04-99, Zoning
Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described
property containing 9.440 acres of land, more or less, situated in the Collin County School Land
Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the "Property") and all
streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned
Development -Single Family -15 (PD -SF -15). The property as a whole and the boundaries for
each zoning classification are more particularly described in Exhibits "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 plans, 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.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
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.
SECTION 3
No Vested Interest/Repeal. 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 Zoning Ordinance.
SECTION 5
Penalty. 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 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
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
Ordinance No. 15-36, Page 2
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
Savin sileeealinc 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 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 9th DAY OF JUNE, 2015.
ATTEST:
Robyn B ` 11el 6w—r Secreta y
APPROVED AS TO FORM AND LEGALITY:
5
Terrence S. Welch, Town Attorney
Ray Smith, Mayor
Ordinance No. 15-36, Page 3
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Exhibit B
Statement of Intent and Purpose
The purpose of this planned development is to contribute to the positive
environment created by the PD regulations established for Legacy Crossing (PD -
36 and PD -60). The proposed development standards exceed those previously
adopted by the Legacy Crossing Planned Development in order to conform to
the 2012 Comprehensive Plan. This property will further the design for the
entrance, common areas, and buffer treatments established for Legacy
Crossing.
This planned development will also allow the opportunity to include some
landlocked property into Legacy Crossing which will further the positive
atmosphere created by that community.
Ordinance No. 15-36, Page 5
Exhibit C
Planned Development Standards
9.440 Acres (Gross)
1.0 Planned Development District - Single Family Residential
1.1 The property shall be developed in accordance with the 8\n0|a Family -15
District as ouNmed in the Town CfProsper Zoning C)ndiDmnme 05-20. as it exists
or may be amended, unless identified be|oVv. UD|SGo otherwise noted, all
development shall be|naccordance with all Town Codes.
1.2 Development Pattern: The property shall generally develop /naccordance with
Exhibit D, Zoning Exhibit.
1.3 Open Space: The open spaces shown onthe Zoning Exhibit, Exhibit D.shall ba
landscaped and maintained bythe Homeowners Association.
1.4 Setbacks:
a. Minimum Front Yard: 25 feet.
b. NYinirnurn Side Yard: 10 feet.
C. W1in|nnumn Rear Yard: 25 feet.
1.5 yWinknunn Lot Area: 15.00Osquare feet.
1.0 K8iD|rnunn Lot Width at Front Building Line: SO feat.
1.7 K8in|nnunm Lot Depth: 130 feet.
1.8 Minimum Dwelling Area: 2'5O0square feet.
1.8 Building Standards:
G. All homes shall provide an exterior lighting package to illuminate the front of
homes. The package shall include a nnin/rnumn of up or down lights 0o
accent building architectural and/or landscape features. Security lighting
may not besubstituted for accent lighting.
b. Home elevations shall alternate ata nninirnurn ofevery 4 homes on the same
aide of street and every homes on the opposite sides of street.
o. Garage doors shall becedar clad and stained.
d. Homes on a rnin/nnunl of 2/3 of the single family lots within the community
ahmU utilize swing in garages. For the purposes of this ibs/n, when garages
for 3cars are provided and the 2-cargarage ismswing ingarage, the home
shall beconsidered antohave provided oswing ingarage.
e. Except for garage doors provided on swing in ganagms, garage doors shall
not be located closer to the street than the primary front facade of the home.
Ordinance No. 1s -3e Page
f. Carports are prohibited.
1]0 Required Parking:
a. Aminimum uf4of-otneet concrete parking spaces shall baprovided for each
residential unit. As pad of the parking requirement, at least 2 of the off-street
parking spaces shall beinenenclosed garage.
b. The parking of motor hon1es, boata, and/or trailers on a lot facing o street or
onostreet, ieprohibited.
1.11 a. All fencing located on single-family lots adjacent to open spaces shall consist
of ornamental metal/tubular steel.
b. All wooden fencing shall bmcedar, board -on -board with atop rail, and comply
with the Town's fencing standards amthey exist ormay beamended. Aoonnnlon
wood fence stain color shall be established for the development.
c. Privacy fences onsingle family residential lots shall belocated nocloser tothe
front pnnoedv line than 10 feet behind the front elevation of the house and shall
not exceed 8feet inheight above grade,
1.12 : Enhanced paving treatments shall be provided for all driveways and
shall consist of one of the foUuvvng, or other treatment as approved by the
Director of Development Services.
e. Stamp and atm concrete (must be dust -on color application to
wet concrete).
b. Acid -etched color concrete for the field with scored smooth colored borders
(must use dust -on color application to wet concrete).
c. Colored concrete with scored smooth border (must use dust -on color
application to wet concrete).
1�13 Cul-de-sacs: Cul-dm-ounoshall not exceed 7OOfeet inlength.
2.OGeneral Conditions
2.01 Hmoleovvnene Association. Each lot shall be a member of the Legacy Crossing
/PD-60Homeowners Association,
Ordinance No. 1s -3e Page
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Exhibit E
Development Schedule
9/16/14— Development Application Submitted
12/2/14 — Preliminary plat goes to P&Z
2/21/15 — Phase 1 construction plans approved
3/15/15 — Construction begins
8/12/15 — Construction Complete/Town accepts infrastructure
9/14/15 — Final plat file
Ordinance No. 15-36, Page 9