16-71 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-71
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 08-030; REZONING A TRACT OF LAND CONSISTING
OF 2,125.651 ACRES, MORE OR LESS, SITUATED IN THE C. SMITH
SURVEY, ABSTRACT NO. 1681, THE J. BATES SURVEY, ABSTRACT NO.
1620, THE L. SALING SURVEY, ABSTRACT NO. 1675, THE H.P. SALING
SURVEY, ABSTRACT NO. 1628, THE M.E.P. & P. RR SURVEY, ABSTRACT
NO. 1476, THE P. BARNES SURVEY, ABSTRACT NO. 79, THE B. HADGES
SURVEY, ABSTRACT NO. 593, THE A.B. JAMISON SURVEY, ABSTRACT
NO. 672, THE B.B. WALTON SURVEY, ABSTRACT NO. 1369, THE T.
BUTTON SURVEY, ABSTRACT NO. 1369, THE P.R. RUE SURVEY,
ABSTRACT NO. 1555, THE J. TETTER SURVEY, ABSTRACT NO. 1262, THE
L. NETHERLY SURVEY, ABSTRACT NO. 962, THE B. RUE SURVEY,
ABSTRACT NO. 1113, THE A. ROBERTS SURVEY, ABSTRACT NO. 1115,
THE R. YATES SURVEY, ABSTRACT NO. 1538, THE L. RUE SURVEY,
ABSTRACT 1110, THE H. RUE SURVEY, ABSTRACT NO. 1111, AND THE J.
MORTON SURVEY, ABSTRACT NO. 793, IN THE TOWN OF PROSPER,
DENTON COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT-40 (PD-40) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-40 (PD-40);
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 and Ordinance No. 08-030
should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from TVG,
Texas I, LLC. ("Applicant") to rezone 2,125.651 acres of land, more or less, situated in the C.
Smith Survey, Abstract No. 1681, The J. Bates Survey, Abstract No. 1620, The L. Saling
Survey, Abstract No. 1675, The H.P. Saling Survey, Abstract No. 1628, The M.E.P. & P. RR
Survey, Abstract No. 1476, The P. Barnes Survey, Abstract No. 79, The B. Hadges Survey,
Abstract No. 593, The A.B. Jamison Survey, Abstract No. 672, The B.B. Walton Survey,
Abstract No. 1369, The T. Button Survey, Abstract No. 1369, The P.R. Rue Survey, Abstract
No. 1555, The J. Tetter Survey, Abstract No. 1262, The L. Netherly Survey, Abstract No. 962,
The B. Rue Survey, Abstract No. 1113, The A. Roberts Survey, Abstract No. 1115, The R.
Yates Survey, Abstract No. 1538, The L. Rue Survey, Abstract 1110, The H. Rue Survey,
Abstract No. 1111, and The J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton
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 Zoning Ordinance No. 05-20 and Ordinance No. 08-030. Zoning
Ordinance No. 05-20 and Ordinance No. 08-030 is amended as follows: The zoning designation
of the property containing 2,125.651 acres of land, more or less, situated in the C. Smith
Survey, Abstract No. 1681, The J. Bates Survey, Abstract No. 1620, The L. Saling Survey,
Abstract No. 1675, The H.P. Saling Survey, Abstract No. 1628, The M.E.P. & P. RR Survey,
Abstract No. 1476, The P. Barnes Survey, Abstract No. 79, The B. Hadges Survey, Abstract No.
593, The A.B. Jamison Survey, Abstract No. 672, The B.B. Walton Survey, Abstract No. 1369,
The T. Button Survey, Abstract No. 1369, The P.R. Rue Survey, Abstract No. 1555, The J.
Tetter Survey, Abstract No. 1262, The L. Netherly Survey, Abstract No. 962, The B. Rue
Survey, Abstract No. 1113, The A. Roberts Survey, Abstract No. 1115, The R. Yates Survey,
Abstract No. 1538, The L. Rue Survey, Abstract 1110, The H. Rue Survey, Abstract No. 1111,
and The J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas,
j (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is
hereby rezoned as Planned Development-40 (PD-40).
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the planned development standards,
attached hereto as Exhibit "A", which are incorporated herein for all purposes as if set forth
verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town 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 original
record 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.
Ordinance No.16-71,Page 2
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
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-gs/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 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.
t
I
Ordinance No.16-71,Page 3
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF,P d V I#,* AS, ON THIS 8TH DAY OF NOVEMBER, 2016.
*.* *
*
dw
a a ,k = Ray Smith, Mayor
ATI T-
ell
Robyn e, 6A Secretary
APPROVED AS TO FORM AND LEGALITY:
j—__ �J4'u
Terrence S. Welch, Town Attorney
Ordinance No.16-71,Page 4
Exhibit "A"
Planned Development Standards
Except as otherwise set forth in these development standards, the property shall develop
under Ordinance 08-030, as adopted by the Town Council on March 25, 2008.
2. Single-Family Residential Tract.
e. Area and building regulations
a. Type A Lots
J. Roofing
i. Structures constructed on the Type A Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
ii. The color of the composition roof must appear to be
weathered wood shingles, black or slate, unless such
other color is approved by the Director of Development
Services.
iii. Composition roof shingles must be laminated and have a
minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a minimum
slope of 8" in 12". Clay the and cement/concrete the roofs
shall have a minimum slope of 3" in 12". Pitch ends shall
be 100% guttered.
b. Tvpe B Lots
J. Roofing
i. Structures constructed on the Type B Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
H. The color of the composition roof must appear to be
weathered wood shingles, black or slate, unless such
other color is approved by the Director of Development
Services.
iii. Composition roof shingles must be laminated and have a
minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a minimum
slope of 8" in 12". Clay tile and cement/concrete the roofs
shall have a minimum slope of 3" in 12". Pitch ends shall
be 100% guttered.
c. Type C Lots
J. Roofing
i. Structures constructed on the Type C Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
ii. The color of the composition roof must appear to be
weathered wood shingles, black or slate, unless such
Ord. No. 16-71, Page 5
other color is approved by the Director of Development
Services.
iii.. Composition roof shingles must be laminated and have a
minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a minimum
slope of 8" in 12". Clay the and cement/concrete tile roofs
shall have a minimum slope of 3" in 12". Pitch ends shall
be 100% guttered.
d. Tye�Lots.
C. Roofing
L Structures constructed on the Type D Lots shall have a
composition, slate, clay tile or cement/concrete tile roof.
ii. The color of the composition roof must appear to be
weathered wood shingles, black or slate, unless such
other color is approved by the Director of Development
Services.
iii. Composition roof shingles must be laminated and have a
minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a minimum
slope of 8" in 12". Clay tile and cement/concrete tile roofs
shall have a minimum slope of 3" in 12". Pitch ends shall
be 100% guttered.
i
Ord. No. 16-71, Page 6