O-2024-11 Rezoning 0.4 Acres of Single Family-15 to Planned Dev-125 Bryant's Addition, Block 22 Lots 7-9, S Parvin St and E Second StTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-11
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 0.50 ACRES, MORE OR LESS, SITUATED IN THE
BRYANT'S ADDITION, BLOCK 22, LOTS 7, 8, AND 9, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO
PLANNED DEVELOPMENT-125 (PD-125), 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-
23-0028) from Kevin & Jennifer Pittman ("Applicants"), to rezone 0.50 acres of land, more or less,
Bryant's Addition, Block 22, Lots 7, 8, and 9, 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 0.50 acres of land,
more or less, in the Bryant's Addition, Block 22, Lots 7, 8, and 9, Town of Prosper, Collin County,
Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned
as Planned Development-125 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
Severab. .lity. 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-23-0028 Ordinance No. 2024-11, 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:
W �S1e_%-QVJU-A�
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
4xx�,
ZONE-23-0028 Ordinance No. 2024-11, Page 3
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Letter of Intent
9/ 1 /23
202 S. Parvin Prosper, TX 75078
Owners: Kevin & Jennifer Pittman
Current Zoning: Residential/Future DTO
Proposed Zoning: DTO (Downtown Office)
Description of project:
Owners purchased the historic Bounds/Webb home and intend to restore and repair it for Office
use. Kevin Pittman will use the office as the primary location for Ameriprise Financial Planning
Business. Keeping the aesthetic and historical components of the project is part of the focus. No
square footage will be added or removed.
Property description:
Home was built circa 1912 by Dr. Robert Bounds.
Lot is adjacent to Coptic Christian Church property and Lake Point Assisted Living.
Lot is 21,000 sq ft or .48 acres. Owners are in the process of replating with the intent to sell
North parcel.
We are requesting parallel on -street parking to include ADA space.
Business will only access and utilize the 1st floor consisting of 1326 sq ft. The second floor will
be restricted to storage/attic only and not accessible. They would like to keep and rope off the
historic staircase original to the home for aesthetics only.
Submitted by:
Kevin & Jennifer Pittman
Bob Jameson (Project Representative/General Contractor McKinley Creek Homes)
Ordinance 2024-11
Exhibit "C"
Development Standards
This tract shall develop under the regulation of the Downtown Office (DTO) 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
• Business Service
• Insurance Office
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.
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.
Structures shall incorporate covered porches into the front fagade, a
multiplicity of roof forms, and high pitch roof lines. The recommended
architectural styles are Folk Traditional, Craftsman, and Victorian.
Ordinance 2024-11
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