09-047 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 09-047
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
GRANTING A SPECIFIC USE PERMIT (SUP) FOR CHILD DAY CARE CENTER
AND/OR PRIVATE SCHOOL, LOCATED ON A TRACT OF LAND CONSISTING OF
0.61 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 147, LOCATED AT 601 EAST SEVENTH STREET, IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; 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 Koschrow Sadeghian
("Applicant") for a Specific Use Permit (SUP) to allow for a child day care center and/or a private school on a
tract of land zoned Single Family -15 (SF -15), consisting of 0.61 acre of land, more or less, situated in the Collin
County School Land Survey, Abstract No. 147, located at 601 East Seventh Street, in the Town of Prosper,
Collin County, Texas, and being particularly being described in Exhibit "A", attached hereto and incorporated
herein for all purposes; 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 to grant a Specific Use Permit (SUP) have been given in the
manner and form set forth by law, public hearings have been held and all other requirements of notice and
completion of such 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: Specific Use Permit Granted. Zoning Ordinance No. 05-20 is amended as follows:
Applicant is granted a Specific Use Permit (SUP) to allow the operation of a child day care center and/or a
private school on a tract of land zoned Single Family -15 (SF -15), consisting of 0.61 acre of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, located at 601 East Seventh Street, in the
Town of Prosper, Collin County, Texas, and being particularly being described in Exhibit "A", attached hereto
and incorporated herein for all purposes as if set forth verbatim.
The property shall develop in compliance with the conditions expressly stated in the site plan, attached hereto as
Exhibit `B", which is incorporated herein for all purposes as if set forth verbatim. The conditions expressly
stated in the site plan, include, but are not limited to:
1. A six foot (6') irrigated living screen being planted along the east, north, and west property lines as
shown on Exhibit "B";
2. The maximum permitted height for playground equipment and/or accessory structures shall be twenty
(20) feet.
Except as amended by this Ordinance, the development of the Property within this Specific Use Permit (SUP)
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.
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 Inspector 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 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 b: 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 sg, /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.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS ON THIS 10"' DAY OF MARCH, 2009.
APPROVED AS TO )�
iarles Niswanger, ayor
ATTESTED TO AND %%ol i t 11111111,
CORRECT "ECO 0 OF PROS 0
Op
0
atthew D. Denton, TRMC ..
Town Secretary
•G 0
DATE OF PUBLICATION.' � ''9�allcax°h4*-VWtPM' r1+'eti}��'-- Collin County
Addition s�..11 19 P 1S�,`���"�
0.61 ACRES
FIELD NOTES to all that certain tract of land situated in the Collin County School Land
Survey Abstract Number 147, in the City of Prosper, Collin County, Texas, and being a
portion of North Street, a portion of East Seventh Street, all of Lot 5 and the East 30 feet of
Lot 4 Block D of Valley View Addition 1 st Installment, an Addition to the City of Prosper,
Texas, according to the Plat thereof recorded in Volume 4 Page 77 of the Map Records of
Collin County, Texas, same being all of a called 0.42 acre tract of land described in a deed
from Gateway National Bank to Khosrow Sadeghian as recorded in Volume 5824 Page
1100 Land Records, Collin County, Texas, the subject tract being more particularly
described as follows:
BEGINNING for the Southeast corner of said 0.42 acre tract at a'/z" iron rod found in the
East line of the herein described tract in the North line of East Seventh Street;
THENCE South 00 degrees 06 minutes 00 seconds East a distance of 30.00 feet to a
corner in the center of said street being the Southeast corner of the herein described tract.
THENCE West with the centerline of said street and parallel with the South line of said
0.42 acre tract a distance of 156.36 feet to a corner at the intersection of the centerline of
said street and the centerline of North Street, said corner being the Southwest corner of
the herein described tract;
THENCE North 00 degrees 08 minutes 53 seconds West with the centerline of said street
and parallel with the West line of said 0.42 acre tract a distance of 169.97 feet to the
Northwest corner of the herein described tract in the South line of a 20' alley;
THENCE North 89 degrees 59 minutes 23 seconds East with the South line of said alley at
25.00 feet passing a )/2"iron rod found for the Northwest corner of said 0.42 acre tract in the
East line of said street and continuing along said course a total distance of 156.50 feet to a
point for the Northeast corner of said 0.42 acre tract;
THENCE South 00 degrees 06 minutes 00 seconds East with the East line of said 0.42
acre tract a distance of 140.00 feet to the PLACE OF BEGINNING and enclosing 0.61
acres of land more or less.
Ken th A#11nger R.P.L.S. No. 5312 Date
OF
Reviewed K.A.Z.
,ff1 1720 WESTMINSTER
DENTON, TX 76205
KENNETH.. ZOLLINGER GF NO:
........................ (940)382-3446
5312-.-Q- JOB NUMBER: 080607 REV 1:
a
'YO; Fssl° "4 DRAWN BY: P.J.W. REV 2:
S U R� NCHECKED BY: K.A.Z.
Kr Y AZ DATE: 9-2-08
REV 3:
SURVEYING R KENNETH A.ZOLLINGER
Date & rime: Fri. 15 Auq 08 — 2:32PM ogin; Lrvcy7
OWNER L R NORRIS
TRACT tib, BLACK 7
COLLIN COUNTY SCHOOL
LAND SURVEY
ABSTRACT a 147
ZONED: SINGLE FAMILY (SF -til)
CURRENT LAND USE OLD TOWN CORE
FUTURE LAND USE: OLD TOWN CORE DISTRIC r -SF
20' ALLEY
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OWNER ROBIN R. A RONNY L WARD
LOT 34B BLOCK D
VALLEY VIEW ADDITION
1STINSTALLA,ENT
ZONED: SINGLE FAMILY (SF -15) {
CURRENT LAID USE :OW TOWN CORE
FUTURE LAND USE: OLD TOWN CORE DISTRICT.SF
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STATE PLANE
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OWNER DANNY M. WEBS
TRACT 80, BLOCK 7
COLON COUNTY SCHOOL LAND SURVEY
ABSTRACT a 147
ZONED: SINGLE FAMILY (SF -16)
CURRENT LAND USE: OLD TOWN CORE
FUTURE LAND USE: OLD TOWN CORE DISTRICT -31'
2V ALLEY
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REAU£STED ZONING BOUT IDARY 041 ACRES
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FUTtSRE LAND USE: OLD TOWN CORE
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VALLEY VIEW ADDITON
IST INSTALLMENT
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CURRENT LAND USE OLD TOWN CORE
FUTURE LAND USE: OLD TOWN CORE DISTRICT
DETAIL
1/2'IRF
N 65°52'22" E
0.52'
OWNER PROSPER INDEPENDENT SCHOOL
TRACT 67. BLOCK 7
COLLIN COUNTY SCHOOL LAND SURVEY
ABSTRACT f 147
ZONED: SINGLE FAMLY-15
CURRENT LAND USE: E) EMP61NDEPENDENT
SCHOOL DISTRICT
FUTURE LAND USE: OLD TOWN CORE - SCHOOL
arF WbTafa0.M.r6111AY �. —EX S' SSWEST — —• —
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OWNER: BETTY L FREESE
LOT 4 BLOCK A
VALLEY VIEW ADDITON
1ST INSTALLMENT
ZONED: SINGLE FAMILY (SF -16)
CURRENT LAND USE OLD TOWN CORE
FUTURE LAID USE: OLD TOWN CORE OISTRICT-SF
SUP CASE # S09-1 EXHIBIT A
601 EAST SEVENTH STREET
COLLIN COUNTY, TEXAS
BEING 0.61 ACRES GROSS AREA AND A 0 42 ACRES NET AREA
OUT OF COLLIN COUNTY SCHOOL LAND SURVEY
ABSTRACT NUMBER 147
COLLIN COUNTY, TEXAS
LOT 4A & LOT 5, BLOCK D
IN THE VALLEY VIEW ADDITION #01
OWNER/APPLICANT
KOSCHROW SADEGHIAN
RO BOX 50593, DENTON TX 76206
(940) 597-0262
SURVEYOR
KAZ SURVEYING, INC.
1720 WESTMINSTER
KENNETH A. ZOLLINGER, RPLS
(940)302-3446
JANUARY 21 , 2009
0.61 ACRES
FIELD NOTES to all that owmYt had of said situated In the Cairt Canty School Land
Sravoy Absu" Numt:Br 147, In tho City of Prosfhor, COIIn Cvrmfy, Texas, eW being a
porton of North Sk*K a portion d East Somath Sweet oil of Lot 5 and the FF.sst 30
fast of Lot 4A B$o* D of Vallay View Adddon'Sad InsWI ment. an AdMon to the City of
F3oapsr, Toxas, ao=fdfAg to the Not thoro& recorded. In Volume 4 Pape 77 of the
Map Records of Collin Counly. Taxes, Sarna beln0 elI of a carted OA2 Sas bad of land
d"abed In a deed fmmm G&Wway National Smk to Khosrow Sa ftKm as recorded
In volume 5824 Papa 1100 Lord Records, Cain County, Tom, Ote euh)sd treat
beft more Particularly descrbed as follows:
BEGINNING for the Southeast: carter of sold 0:42 001`9 had at a X' Yon rod lbund In
the East we of the heroic described had In the Nath line of Feet Seventh Street;
THENCE South 00 day" 00 minutes 00 secaxfs East it 49 M of 30.00 tad. to a
comer In the center of said obvel being the Southeast owner of the herein described
tract
THENCE Weal wkh the oettEwbw of sdd eb and parallel wNh the South 6116 of aid
OA2 etas had a distance of 156.36 fad to a corner at the Irderseadw of the cenOwllne
of add stred and the certtwbts of North Shoat, sold canter baling the SouOaveet
omw of to here h described Yat
THENCE North 00 depress 08 minetes 53 seconds. Weer with His aentINflno of said
street suhla parellei vM6h Oro Waal Arlo d add OA2 aae tract a d3ethrx» of 169,97 reef 1Q
tM Ncrthwasl carrier of the hwaln described tract In the South fine of a 20' &W.
THENCE Nath 69 degrees 59 mhsubs 23 seconds Ead wit the South lure of said
alley at 25.00 haat papI a 1= iron rod found for the Northwest comer of said 0.42
acre tract In the Essl Eno of said street and continuing along said course a total
distance of 156.50 feet to a point for the Northeast comer of said 0.42 acre tract;
THENCE South 00 degrees 06 minutes 00 seconds East With the East line of said 0.42
acro tract a dlstancs of 140:00 feet to the PLACE OF BEGINNING and enclosing 0.61
acres of land more or less.
FLOOD STATEMENT: I have examined ilia F.E.M.A. Flood Insurance Rate Map for
the Town of Prosper, Community Number 480141 effective date 1-19-1996 and that
map indicates IW this propstty+ is within "Non -Shaded Zone X" defined as "Areas
determined to be outside the 500 year flood" as shown on Panel 260 G of said map.
A. ZDIII.ger R RL 6, No 5312 Det.
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VICINITY MAP
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PROSPER r` /
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.}. 1720 WESTMINSTER
DENTON, TX 76205
(94 W2-3446
JOB NUMBER 080807
DRAWNBY: PJ.W.
K 7' YZCHECKED BY: KAZ
SURVEYING °ATE:�2�e
RP.LS.
KENNETH A ZOWNGER
VICINITY MAP
SITE PLAN NOTES
Any revision to [his plan will require lown approval and will require revisions to any con seponding plans to avoid conflicts
between plans.
1) Dumpslem and trash compactors shall be screened in accordancewith the Comprehensive Zoning Ordinance
2) Open storage, where permitted, shall be screened in accordance with the Comprehensive Zoning Ordinance
3) Outdoor lighfing shall comply with the lighting and glare standards contained within the Comprehensive Zoning Ordinance
and Subdivision Regulation Ordinance.
4) Landscaping shall conform to landscape plans approved by the town
5) All elevations shall comply with the standards contained within the Comprehensive Zoning Ordinance
6) Buildings of 5,000 square feel or greater shall he 100% fire sprinkled Alternative fire pmleclon measures may be
approved by the Fire Deparenenl
7) Fire lanes shall be designed and concocted per [own standards or as directed by the Fire Department
B) Two points of access shall be maintained for the property at all times
9) Speed bumpsthumps are not permitted within afire lane.
10) Handicapped parking areas and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with
the requirements of the current, adopted Untorm Building Code.
11) All signage is subject to Building Official approval
12) All fences and retaining walls shall he shown on the site plan and are subject to Building Official approval
13) All exterior building materials are subject to Building Official approval
14) Sidewalks of not less then so( (6') feel in width along thoroughfares and five IS) in width along collectors and residential
streets, and barrier free ramps at all curb crossings shall he provided per Town standards
15) Approval of the site plan is not final until all engineering plans are approved by the Tarn Engineer
1fi) Site plan approval is required prior to grading release
17) All new, electrical lines shall he installed and/or relocated underground
GRAPHIC 'SCALL
Lo
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SMIET I" - 20'
FEMA FLOOD NOTE
ACCORDING TO THE U S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FEDERAL INSURANCE ADMINISTRATION FLOOD INSURANCE
RATE MAP 480141 CO260 G COMMUNITY PANEL NUMBER 260 G EFFECTIVE
DATE JANUARY 19, 2006, THIS PROPERTY DOES NOT LIE WITHIN A 100 YEAR
FLOOD HAZARD AREA
SITE DATA SUMMARY TABLE FOR DAYCARE CENTER DEVELOPMENT
EXISTING ZONING
SINGLE FAMILY -15
I
DAYCARE AND/OR PRIVATE SCHOOL
LAND USE DESIGNATION
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GROSS ACREAGE
w/MEA'. L R. NDRRa9
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2,252 S F
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NUMBER OF HANDICAP PARKING SPACES REQUIRED
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NUMBER OF HANDICAP PARKING SPACES PROVIDED
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ZONEDPNRC PAYRY (SF -15) I
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SMIET I" - 20'
FEMA FLOOD NOTE
ACCORDING TO THE U S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FEDERAL INSURANCE ADMINISTRATION FLOOD INSURANCE
RATE MAP 480141 CO260 G COMMUNITY PANEL NUMBER 260 G EFFECTIVE
DATE JANUARY 19, 2006, THIS PROPERTY DOES NOT LIE WITHIN A 100 YEAR
FLOOD HAZARD AREA
SITE DATA SUMMARY TABLE FOR DAYCARE CENTER DEVELOPMENT
EXISTING ZONING
SINGLE FAMILY -15
PROPOSED USE
DAYCARE AND/OR PRIVATE SCHOOL
LAND USE DESIGNATION
DAYCARE
GROSS ACREAGE
0.61 Ac
NET ACREAGE EXCLUDING RIGHT-OF-WAY
0.42 Ac
BUILDING AREA USE EXISTING STRUCTURE
2.252 SF.
MA MUM BUILUMC HEIGHT Ef TI
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LOT COVERAGE
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FLOOR AREA RATIO PAR
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PROPOS FLOOR A XI TING BLDG
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TAL PARKING
TOREQUIRED
50 STUDENTS + 4 TEACHER = 4 PER PA
9 SPACES
TOTAL PARKING PROVIDED
9 SPACES
NUMBER OF HANDICAP PARKING SPACES REQUIRED
PER ADA STANDARDS 5% = I SPACE
1 SPACE
NUMBER OF HANDICAP PARKING SPACES PROVIDED
1 SPACE
PERCENTAGE OF LA SOAPeNG PRDADW
60.41%
SOUARE FOOTAGE OF IMPER41GUS SURFACE
1 7.130 S.F 0.165 Ac
LANDSCAPING NOTE
ALL LANDSCAPING SHALL MEET THE TOWN OF PROSPER REQUIREMENTS PER THE
ZONING ORDINANCE AND SHALL BE SHOWN ON THE LANDSCAPING PLAN AS
PREPARED BY A REGISTERED LANDSCAPE ARCHITECT.
PLAYGROUND /ACCESSORY STRUCTURE NOTE
THE MAXIMUM PERMITTED HEIGHT FOR PLAYGROUND EQUIPMENT AND/ OR
ACCESSORY STRUCTURES SHALL BE 20 FEET.
SUP CASE # S09-1 EXHIBIT B
601 EAST SEVENTH STREET
COLLIN COUNTY, TEXAS
BEING 0.61 ACRE'S GROSS AREA ANI? A 0,42 ACRES NET
AREA OUT OFCOLLIN COUNTY SCHOOL LAND SURVEY
ABSTRACT NUMNR 147
COLLIN COUNTY. TEXAS
LOT 4A & LOT 5, BLOCK D
IN THE VALLEY VIEW ADDITION #01
OWNERIAPPL(CANT
KCSCHROW SADEGHIAN
P.O BOX 50543, DEMON TX 7e206
(940) 597.0262
SURVEYOR
KAZ SURVEYING. INC_
1720 OtIESTMINSTER
KENNETH A. ZOLLINGER, RPLS
(940) 382.3440
FEBRUARY 27 .2009
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H
DRAWN BY
saade2
DNW^ 148UE
DATE. 19102008