O-2024-10 Rezoning 0.4 Acres from Single Family-15 to Planned Dev-124 Bryant's Addition, Block 11 Lots 1, 11, and 12 S Coleman St and E Third StTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-10
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 0.40 ACRES, MORE OR LESS, SITUATED IN THE
BRYANT'S ADDITION, BLOCK 11, LOTS 1, 11, AND 12, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO
PLANNED DEVELOPMENT-124 (PD-124), 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-
23-0027) from Michael Bryant and Curtis Klieger ("Applicants"), to rezone 0.40 acres of land, more
or less, Bryant's Addition, Block 11, Lots 1, 11, and 12, in the Town of Prosper, Collin 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:
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 0.40 acres of land,
more or less, in the Bryant's Addition, Block 11, Lots 1, 11, and 12, Town of Prosper, Collin
County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are
hereby zoned as Planned Development-124 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 in this Planned
Development District shall conform to, and comply with (1) the Statement Intent and Purpose,
attached hereto as Exhibit B; (2) the Development Standards, attached hereto as Exhibit C, all of
which are incorporated herein for all purposes as if set forth verbatim, 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.
SECTION 5
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,
ZONE-23-0027 Ordinance No. 2024-10, Page 2
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
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 9TH DAY OF JANUARY 2024.
David F. Bristol, Mayor
ATTEST:
�jj 'e..iC3L*]aL, -
ichelle Lewis Sirianni, Town Secretary aF P,)�()
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney 1914
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ZONE-23-0027 Ordinance No. 2024-10, Page 3
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EXHIBIT "B"
PROSPER RE HOLDINGS LLC
Statement of Intent and Purpose
May 2, 2023
To Whom It May Concern,
This letter is to state our intent in regard to 105 S Coleman, Prosper, Texas 75078. Prosper RE Holdings LLC is
the owner of the property and this partnership is managed by Michael Bryant and Curtis Klieger. Michael
Bryant is the managing partner of Blumka Bryant CPAs LLC and Curtis Klieger is the managing partner of
Stonewater Financial Services.
Our intent is to build a commercial building at 105 S Coleman that will house both of our firms. Additionally,
we would like to offer rental space for tenants seeking either retail or office space. Our firms will occupy the
second floor and the tenants will occupy the first floor. We want to work with the city to determine whether
the rental space is best used for office or retail tenants. Being an entry point to Downtown Prosper, we want
to build a structure that reflects the exciting development taking place already.
Thanks in advance, we are looking forward to meeting and working with everyone beautifying our home and
making it a destination for future residents and businesses.
Sincerely,
Michael Bryant
407-982-0700
michael@blumkabryant.com
2929 N CENTRAL EXPRESSWAY SUITE, 270, RICHARDSON, TX 75080
972-437-1918 M1CHAEL@BLUMKABRYANT.00M
Ordinance 2024-10
Exhibit "C"
Development Standards
This tract shall develop under the regulation of the Downtown Retail (DTR) District as outlined in
the Town's Zoning Ordinance as it exists or may be amended with the following conditions:
1.0 Permitted Uses
1.1 The permitted land uses within this Planned Development District are as follows:
• Administrative/Medical and Professional Office
• Antique Shop and Used Furniture (First Floor Only)
• Artisan's Workshop (First Floor Only)
• Business Service (First Floor Only)
• Insurance Office
• Museum/Art Gallery (First Floor Only)
• Retail Stores and Shops (First Floor Only)
• Retail/Service Incidental Use (First Floor Only)
2.0 Landscaping
2.1 The landscaping requirements within this Planned Development District are as
follows:
■ 5' Landscaping Buffer around the northern, eastern, southern, and western
property lines.
• The eastern landscape island on Tract 2 shall not be required and may be
used for an additional parking space.
3.0 Architectural Standards
3.1 The architectural standards within this Planned Development District are as
follows:
• All construction shall have an approved fagade plan before issuance of a
building permit.
• The primary building material shall be clay fired brick. Natural stones and
other masonry materials are encouraged for architectural details and accents.
• Awnings and canopies shall be architectural materials that complement the
building such as metal flashing, wood trim, or fabric. Vinyl shall not be
permitted.
• Choice of color for the primary fagade, various architectural elements, or
details shall be compatible with the overall visual qualities existing within the
original downtown portion of the town.
Ordinance 2024-10
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