O-2023-49 Rezoning 0.3 Acres Single Family-15 to Downtown Retail Lots 3-5 on Fifth Street / Main StreetTOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-49
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.390 ACRE, SITUATED IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS FROM SINGLE FAMILY-15 (SF-15) TO DOWNTOWN RETAIL
(DTR); 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 the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from John
Kim ("Applicant"), to rezone 0.390 acre of land, more or less, in the Collin County School Land
Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, from Single Family-15
(SF-15) to Downtown Retail (DTR) and being more particularly described in Exhibit "A," attached
hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated 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, 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
Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 0.390 acres of
land, more or less, 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 zoned as Downtown Retail (DTR) and being more particularly
described in Exhibit 'A," attached hereto and 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.
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 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.
Ordinance No. 2023-49, Page 2
SECTION 7
Savings/Repealing Clause, Prosper'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 25TH DAY OF JULY, 2023.
:: K � � = e. -10-C -_j an �
David F. Bristol, Mayor
ATTEST:
�-U-uuw Uu�o S% A-;aw�
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
zt-XI
Terrence S. Welch, Town Attorney
Ordinance No. 2023-49, Page 3
doDoEFDoVY mg)p
NITS
❑ 30 100
GRAPHIC SCALE
1 "= 30'
I F( FNQ
s >� >• Limits of Zoning
P.O.B. Point of Beginning
SYNOPSIS
Address: 106 N MAIN STREET
Current Zoning: SF— 15
Proposed Zoning: DTR (Downtown Retail)
AREA —INFORMATION
Block A, Lots 3-5
0.258 Net Acres located In
the Town of Prosper, Collin
County, Texas.
L
LEGAL DESCRIPTION
C Rryanl'P Addl
., Town of Prospe" r
CalllR Cpunh, Tevs
/
.—CA1 ED In IM1e Tooii of prosper, in the Calllli Couoly ScM1nol f:ulJ Sun'cy Abxaan N'n 147
of Collin COunly, Teaas end beinp al I of Lals i J and 5, Dlock l of Dryanfs Aadilion, an atlJiliun
Io Jlc Tosvn nrPmsp<•r,nryp114 Volume 116, PaEez lbl-Idj, Pqe RlwJz, Collin Coumy,
.cast II'. R.CC, and fydn ■,2021I in I W i. Used N. 2G ILienmJohn C.Kim
end Sook Y I.dated April 10, 20( end recordW in o no 30'_IOSOgIgOMj— ,
I
Dsva1W Rb.Cd11Y reunry. Tezas ID.R.0 C:1'J and also includq P+elaek/Ins WIOInIng
d.d
publik a/yra.i;a5 w beioE mom larli<uWrly described by melts a kw�el• Y fullmvs
9EGINNING IIa51-1n,ronmd Ioppcdwilhaycllox Planiccap,sl W'TE"AC'ORP,
fount an tM1c well hne afa lD' wide public alley lar IM1e nonM1easl comer of,M1e above dzscribeJ
W I J, tllock: and said 1minl also being the rouWual comer of I.ol'_ elrck _' afssid tlryani s
AdJlllon,
THENCE: N-99- 19mm Nl uc f sI a< svld ]D xsJc pnbM1c ellry,a Jlsulicc of
l0 on rmmapom In me<am<r Orwia aney mr mr nOnn<aal comer Orinia nn<inamr d —I,d
Imo Orland,
I xEn1E: sOOmweeE Ja m;n ao arr r,el alonsme<anle,O¢md auey,aainnna Orssw
ReI w•`a •-Ieraq,M IWmn'non of seltl aney and an case-svcn'_O',. Ids Aic a11, for
IM1O rphow s,w.w af/�n rllu NfIJy ana aala poW seals —IM1 Jy deg. ao min. 40 see. Easl -
IJ IJ fttI hom n 5/P inch Imo mA lOppW with a yellow plasuc cap- clamped •TERRACORP'
found el Inc soullleasl comer or IM1e about deuebW LoI S. clock �
TIIENCE: Saolh--, 19mm10re< W.I. d-o Inec—Iinzol wiJnulwvel]0'wlJe
public alley, a dislanec of 300 DO reel to a Point aI Inc centerline imersenion afraid alley and N
Main Slrzel (Pfl wide public nEM1l-of-way) for the somhwesl romer of lhls Ilan of lan,l
OWNER"
TIIENCE: NonM1 NI Jcg a0 min a0 sec Wraz along IM1e ttnlcrlinc afaaidN Main Slrnl k
Haegyo, LLC
eamnce Ofgs oO rrn wapmm for nle nnnnw<n wme.OrmmlmelOnaaa
1721 Wynne Avenue
Prosper, Texas 75078
TIIENCE: N-hP9JeE 19 min 211 sec. Iesa azmssssid N. Main Street, aladisean<e oI JOINI
u�Inan hOn mppW
Phone (213) 925-505B
suxvereel-paaamga and wish eydlow pleuic up sumMd'eURNS
nNr,^, mOnd r r Ins nnllnweal eOmernraaia L01 s one Inc aOa1n«rsl <Omernl LoI ],
0loek z On the Ime n Mmn slLel
Contact: John Kim
r.a rlgnlbr-way nrlaia and ronlinaing alOns,he common line
orsaid Loss � antl J, Black 2 far a lolel dlslancc of 190 W fcel In the PON'T OF BEGINNING
anJ conwining 11,000 square feel ar U J90 acres of IeW
APPLICANT/ENGINEER,
.r. Cross Engineering Consultants, Inc.
1720 W. Vlrginio St.
ca,Iml xsa„nanl Ba.lawasla�a H.nei 1P5
McKinney, Texas 75069
Pam cm,e�wmns,Ia�rO„n��;,�.Im°�a
Phone (972) 562-4409
Fox (972) 562-4471
Contact: Dwayne Zinn, P.M.
SURVEYOR:
RID gley h Associates
701 S. Tennessee St.
McKinney, TX. 75069
Phone (972) 542-1266
Fax (972) 542-8682
Contact: Lawrence Ringley
FLOOD ZONE NOTE:
This 9urvaper hne rnrle.ed rlD d lnruranne Rau Map No. 400amoz3s1
(etf—u- del* Jp p, 2009) publiahad by the Fade-1 Caavrp.ney
Yepeiemeet aldIVADIV rallan for D"Leo C-DALY, Texas and Dues vpe eald
-..led map sad $Mph, plvlLlnE. ewch reyelr xevmllpd Nat Lbv eubjvci bares!
Ilse MILiD %ONC ][' IOp—Spnd1ldj uld p eullpdv o! lLv 100 Yeer l oe`41 Alaln
end ie deirrm}}ned to be outelda Lb"O.RK emlue3 ehglnce Ooodplelp.
Na SOD —}ear iloed Plain e1i1He en the praperty-
NOTE: THIS IS NOT A CONSTRUCTION DOCUMENT.
THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY.
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PURE POKE:, LOTS 3-5, BLOCK 2, 0.258 ACRES
COLLIN COUNTY SCHOOL LAND SURVEY
BRYANTS ADDITION, ABSTRACT NO. 147
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