16-46 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 16-46
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE,
BY REPEALING EXISTING SUBSECTION 2.6(C)(1)(a) AND (b),
"PERIMETER REQUIREMENTS," OF SECTION 2, "LANDSCAPING,"
OF CHAPTER 4, "DEVELOPMENT REQUIREMENTS," AND
REPLACING IT WITH A NEW SUBSECTION 2.6(C)(1)(a) AND (b),
"PERIMETER REQUIREMENTS"; REPEALING EXISTING
SUBSECTION 4.3(D), "NON-RESIDENTIAL & MULTIFAMILY
PARKING PROVISIONS," OF SECTION 4, "PARKING AND
LOADING," OF CHAPTER 4, "DEVELOPMENT REQUIREMENTS,"
AND REPLACING IT WITH A NEW SUBSECTION 4.3(D), "NOW
RESIDENTIAL & MULTIFAMILY PARKING PROVISIONS";
REPEALING EXISTING SUBSECTION 5.2(A) AND (K), "LOCATION OF
REQUIRED SCREENING," OF SECTION 5, "SCREENING FENCES
AND WALLS," OF CHAPTER 4, "DEVELOPMENT REQUIREMENTS,"
AND REPLACING IT WITH A NEW SUBSECTION 5.2(A) AND (K),
"LOCATION OF REQUIRED SCREENING"; PROVIDING FOR A
PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public notice ar
Planning and Zoning Commission of the �
amending the Town's Zoning Ordinance to
herein; and
1 public hearing as required by law, the
own of Prosper, Texas, has recommended
encompass those amendments as set forth
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and 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, existing Subsection
2.6(C)(1)(a) and (b), "Perimeter Requirements," of Section 2, "Landscaping," of Chapter
4, "Development Requirements," of the Town's Zoning Ordinance, as amended, is
hereby repealed in its entirety and replaced with a new Subsection 2.6(C)(1)(a) and (b),
"Perimeter Requirements," to read as follows:
"2.6 LANDSCAPE AREA REQUIREMENTS
C. Non -Residential Landscaped Area Requirements
1. Perimeter Requirements:
a. A landscaped area consisting of living trees (as specified below), turf, or other
living ground cover and being at least twenty-five (25) feet in width measured
from the property line interior to the property shall be provided adjacent to
and outside of the right-of-way on all properties located adjacent to a major or
minor thoroughfare as defined by the Town of Prosper Thoroughfare and
Circulation Designs Standards.
i. The landscaped area may be reduced to fifteen (15) feet for the
portion of a property adjacent to a collector street as defined by the
Town of Prosper Thoroughfare and Circulation Designs Standards.
ii. The landscaped area shall be increased to thirty (30) feet for
properties adjacent to Preston Road, University Drive, and Dallas
Parkway.
iii. One (1) large tree, three (3) inch caliper minimum per thirty (30) linear
feet of roadway frontage shall be planted within the required
landscape area. The trees may be planted in groups with appropriate
spacing for species.
iv. In the DTO District, one (1) large tree, three (3) inch caliper minimum
per thirty (30) linear feet of roadway frontage, excluding the width of
driveways at the property line, shall be planted within the required
landscape area. Where the width of the roadway frontage is greater
than eighty (80) feet, excluding the width of driveways at the property
line, the number of large trees may be planted at a rate of one, 3"
large tree per forty (40) feet of roadway frontage, in lieu of the
required one tree per thirty (30) linear feet. The trees may be planted
in groups with appropriate spacing for species. In the DTO District,
the substitution of three (3) small, ornamental trees for one (1) large
tree shall not be permitted.
V. A minimum of fifteen (15) shrubs with a minimum size of five (5)
gallons each will be planted in the landscaped area for each thirty (30)
feet of linear frontage.
vi. Parking abutting the landscape area shall be screened from the
adjacent roadway. The required screening may be accomplished with
shrubs or earthen berms.
vii. Unless there is parking adjacent to the landscape area, shrubs are not
required in the landscape area in the DTO District.
b. Where a non-residential development is adjacent to the property line of
residential zoned parcels or areas shown as residential on the Future Land
Ordinance No. 16-46 Page 2
Use Plan, one (1) large tree, three (3) inch caliper minimum, will be planted
on thirty (30) foot centers in a fifteen (15) foot landscape area. Evergreen
trees shall be planted on twenty (20) foot centers within areas where truck
docks or loading spaces are adjacent to single family property.
i. In the DTO District, regardless of the adjacent use, zoning or Future
Land Use Designation; the width of perimeter landscape area adjacent
to the property line may be reduced to a minimum of five (5) feet.
ii. In the DTO District, in lieu of the required large trees, one (1) small
(ornamental) tree shall be planted thirty (30) foot centers along the
adjacent property lines."
From and after the effective date of this Ordinance, existing Subsection 4.3(D),
"Non -Residential & Multifamily Parking Provisions," of Section 4, "Parking and Loading,"
of Chapter 4, "Development Requirements," of the Town's Zoning Ordinance, as
amended, is hereby repealed in its entirety and replaced with a new Subsection 4.3(D),
"Non -Residential & Multifamily Parking Provisions," to read as follows:
"4.3 NON-RESIDENTIAL & MULTIFAMILY PARKING PROVISIONS
(D) Dead-end parking aisles are not permitted. In the DTO District, where ten
(10) or fewer off-street parking spaces are provided, a dead-end parking
aisle is permitted."
SECTION 4
From and after the effective date of this Ordinance, existing Subsection 5.2(A)
and (K), "Location of Required Screening," of Section 5, "Screening Fences and Walls,"
of Chapter 4, "Development Requirements," of the Town's Zoning Ordinance, as
amended, is hereby repealed in its entirety and replaced with a new Subsection 5.2(A)
and (K), "Location of Required Screening," to read as follows:
"5.2 LOCATION OF REQUIRED SCREENING
A. When a boundary of a multifamily, institutional, or non-residential Use sides
or backs to a property that is zoned or designated on the Future Land Use
Plan for residential (non -multifamily) uses, or when any institutional or non-
residential Use sides or backs to a MF District, a solid screening wall or fence
of not less than six (6) feet nor more than eight (8) feet in height shall be
erected on the property line separating these uses. The purpose of the
screening wall or fence is to provide a visual barrier between the properties.
The owner of such property of the lesser restrictive use shall be responsible
for and shall build the required wall or fence on his property line dividing his
property from the more restrictive zoning district. In cases where the
Planning & Zoning Commission finds this requirement to be better met by an
Ordinance No. 16-46 Page 3
irrigated living screen, the same may be substituted for the screening wall
after a landscape plan has been prepared to demonstrate equal visual
screening.
A screening wall or fence required under the provisions of this section, under
a Specific Use Permit, a Planned Development District, or other requirement
shall be constructed of clay -fired brick masonry units or other suitable
permanent materials which do not contain openings constituting more than
forty (40) square inches in each one square foot of wall or fence surface, and
the surface of such wall or fence shall constitute a visual barrier. All wall or
fence openings shall be equipped with gates equal in height and screening
characteristics to the wall or fence. Concrete masonry units, poured in place
concrete, tilt -up concrete, or concrete panels may be used upon approval by
the Planning & Zoning Commission.
Properties zoned for the DTC, DTR, or DTO District are only required to
provide screening along property lines that are adjacent to properties shown
as residential on the Future Land Use Plan. The screening shall consist of an
eight foot (8) cedar board -on -board wooden fence constructed in accordance
with the fence ordinance as it exists or may be amended. In the DTO District,
the height of the fence may be reduced to six (6) feet.
K. A six (6) foot irrigated living screen shall be required when parking is located
adjacent to a residential use in the DTC or DTR District. In the DTO District,
the living screen may be reduced to a minimum of three (3) feet but shall be
solid at the time of planting. In the DTO District, the living screen is not
required where a wood fence is required in accordance with Subsection
5.2(A) above."
SECTION 5
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 6
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 7
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
Ordinance No. 16-46 Page 4
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
SECTION 8
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 26TH DAY OF JULY, 2016.
Ray Smith, Mayr
APPROVED AS TO FORM AND LEGALITY:
Terrence S. We ch, Town Attorney
Ordinance No. 16-46 Page 5