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O-2024-32 Rezoning 0.3 Acres SF-15 to PD-127 Prosper Central Addition - Northeast Corner of Coleman Street and Sixth StreetTOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-32 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROPSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 0.3 ACRES, MORE OR LESS, SITUATED IN THE PROSPER CENTRAL ADDITION, BLOCK 1, LOT 1, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO PLANNED DEVELOPMENT-127 (PD-127), 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- 23-0029) from Mo Adepoju ("Applicant"), to rezone 0.3 acres of land, more or less, Prosper Central Addition, Block 1, Lot 1, 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 0.3 acres of land, more or less, in the Prosper Central Addition, Block 1, Lot 1, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-127 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 Development Standards, attached hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the Elevations, attached hereto as Exhibit F; (4) the Landscape Plan, attached hereto as Exhibit G, 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, 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. Case No. ZONE-23-0029 Ordinance No. 2024-32, 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 THE 30TH DAY OF APRIL 2024. ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney David F. Bristol, Mayor 4OF PRO\ off/ H 19144,C � 1'EXA/ Case No. ZONE-23-0029 Ordinance No. 2024-32, Page 3 n GARLAND. E 30'TEX STE. 103 SURVEY PLAT. ����� ARMRETEXAS N NO. J �-+ ARM REGISTRATION NO. 10194388 BARRY S. RHODES Registered Professional Land Surveyor (214) 326-1090 This is to certify that I have, this date, made a careful and accurate survey On the round of property Iaeoted at EAST 6TH STREET in LhZ City 0 PROSPER Texas. Being Lot 1 in Block 1 of Prosper Central Addition, an Addition to the City of Prosper, Collin County, Texas, according to the Map or Plat thereof Recorded in Volume C, Page 643, of the Map Records of Collin County, Texas Exhibit A: Survey ZONE-23-0029 20' ALLEY ( PLAT EAST ) N 89'54 54 E 1 12.65' ie9 7NE CORNER 0.7 OF LOT 7 Z C7 9 z Q s0' CID� Fn : r 3;p rh v Z s `L N7 0 0 1 2 10 VACANT LOT M �i �iv 1/2' IRF FOR REFER£BC£ N 25'11'M*;000 - 0-55" z s z � N iD W � >< tLW% 5 89'54'54 W 9010 TLe.96' (CM) SE ��---� OF LOTT 3R PLAT WEST } I Ilff IRF FOR REFERENCE BN 2T13'E - 0.47' SIGN E. 6TH STREET ( SETTLE STREET PER PLAT ) PROPERTY SUBJECT TO EASEMENTS k RESTRICTIONS Volume 1761, Page 909: Volume 1924. Page 134; Volume 1952. Page 822: Volume 2179, Page 128 EASEMENTS RECORDED IN THE FOLLOWING VOLUME & PAGES TO THE BEST OF MY KNOWLEDGE AND BELIEF ACCEPTED BY: 00 NOT AFFECT THE ABOVE DESCRIBED PROPERTY. 'turn.488, Page 90; volume 612, Page 531 The peal FAnW. a lme, cornedl. Wd occarote Mprobbelta pn of the prs>Irerly n ddtercnined by survey, the On- and dirr-Ocas all Wd property Daft as inq xited hY 1b4 plat: the el:e, location and L" of bullifrq and impr ante are s shown, all improvements being within the boundaries of the property, set bock from property lines the distance indicated, or visible and apparent easements. TITLE AND ABSTRACTING WORK FURNISHED BY LAWYERS TITLE THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN, Scale: 1' 70' USE OF THIS SURVEY FOR ANY OTHER PURPOSE Dote: 04/OS/22 OR OTHER PARTIES SHALL BE AT THEIR RISK AND UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR G. F. No: 19801M100773 ANY LOSS RESULTING THEREIROM- THIS SURVEY WAS PERFORMED EICCLUSIVELY FOR Jab aa.: 202203655 ,AWYM Drawn by: NH¢_ Ir Lawyers Title ww IRk :M-- ' 1k� :� eq Q ROLAD piRr ? In rlel lm A} "$hRW ••DE5S . r.. IpMi� del C _ aC (* $ �= e�msy_ `r'�eA` IrR[ - UMffi dR� Ytllll 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 • Art and Craft Store • Bakery • Bank/Savings and Loan/Credit Union (No Drive-Thru) ■ Bookstore • Boot and Shoe Sales • Business Service • Ceramics Store • Clothing and Apparel Store • Florist • Hobby or Toy Store • Ice Cream Shop • Insurance Office • Leather Store • Minor Dry Cleaning (Drop Off Only) • Minor Print Shop (Drop Off Only) • Multi -Family (2"d Floor Only) — Max. 4 Units Music Instrument Sales Novelty or Gift Shop • Trophy Sales 1.2 Any similar uses as determined by the Director of Development Services. 2.0 Parking Areas 2.1 The parking area standards within this Planned Development District are as follows • Parking stalls along the eastern property line shall be designated for office and retail parking only during business hours. ■ No storage shall be permitted in multifamily parking. ZONE-23-0029 3.0 Landscaping 3.1 The landscaping requirements within this Planned Development District are as follows: • 5' landscaping buffer around the northern, eastern, southern, and western property lines. • One large tree, three-inch caliper minimum, on landscaped islands on eastern property line. • One ornamental tree every 15 linear feet on eastern property line between landscape islands. • One ornamental tree on each end of western property line. • Three shrubs, five -gallon minimum, on each landscape planting area on the western property line. 4.0 Fencing 4.1 The fencing standards within this Planned Development District are as follows: • Board -on -board fencing on the eastern property line from the alley to most southern parking stall. • Wrought iron fencing on the eastern property line from the most southern parking stall to the right-of-way. 5.0 Signage 5.1 The signage standards within this Planned Development District are as follows: • Any signage shall be limited to the Coleman Street side of the property. • Any lighted signage shall be consistent with the Town's Sign Ordinance. 6.0 Architectural Standards 6.1 The architectural standards within this Planned Development District are as follows • Any structure built on the property shall comply with the elevations and building materials reflected on the Facade Plan, attached hereto as Exhibit B. • The Coleman Street facade shall be constructed in substantial compliance with the Coleman Street Facade Plan, attached hereto as Exhibit D. • The use of masonry shall be at least ninety percent (90%) of the exterior surface of any structure constructed on the property per elevation. • The use of stucco shall be limited to no more than ten percent (10%) of the exterior surface of any structure constructed on the property per elevation. All construction shall have an approved facade plan before issuance of a building permit. ZONE-23-0029 7.0 Alleyway Paving 7.1 The paving standards within this Planned Development District are as follows: The developer shall pave the alleyway to the north of the property prior to commencement of construction. 8.0 Sidewalk Construction 8.1 The sidewalk construction standards within this Planned Development District are as follows: • The developer shall construct a temporary sidewalk from the parking area along the southern edge of the building and along Coleman Street for access to the businesses on the first floor. ZONE-23-0029 92 UO Ws"o - ago =za3 Z i F Z zsLLy w_ a z :g iSn.wirygN,lei. Ili Q LL >si o mai. 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