O-2023-81 Rezoning 0.3 Acres Single Family-15 to Downtown Single Family - Hillside Addition 209 E. Fifth StreetTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-81
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 0.3 ACRES, MORE OR LESS, SITUATED IN THE
HILLSIDE ADDITION, BLOCK 2, LOT 4, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO DOWNTOWN
SINGLE FAMILY (DTSF), 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 (Case ZONE-
23-0018) from Christopher and Jennifer Richter ("Applicant"), to rezone 0.3 acres of land, more
or less, Hillside Addition, Block 2, Lot 4, in the Town of Prosper, Denton County, Texas, and being
more particularly 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 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, THAT:
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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 0.3 acres of land,
more or less, in the Hillside Addition, Block 2, Lot 4, Town of Prosper, Collin County, Texas, and
all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as
Downtown Single Family and being more particularly described in Exhibit "A", attached hereto
and incorporated herein for all purposes as if set forth verbatim.
The 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, subject to the following condition of approval by the Town Council:
1. Approval of a Development Agreement, including, but not limited to, architectural building
materials.
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.
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Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance, 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 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. 2023-81, Page 2
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance, as amended, 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 28TH DAY OF NOVEMBER 2023.
David F. Bristol, Mayor
ATTEST: S
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 2023-81, Page 3
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