O-2025-04 Rezoning 0.6 Acres from Downtown Office (DTO) to Planned Development 131 (PD-131) on Bryant's First Addition - 301 S Coleman StreetTOWN OF PROSPER, TEXAS ORDINANCE NO. 2025-04
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 0.6 ACRES, MORE OR LESS, SITUATED IN THE
BRYANT'S FIRST ADDITION, BLOCK 15, LOT 1 R, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM DOWNTOWN OFFICE (DTO) TO
PLANNED DEVELOPMENT-131 (PD-131), 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-
24-0026) from Matt Moore ("Applicant"), to rezone 0.6 acres of land, more or less, Bryant's First
Addition, Block 15, Lot 1 R, 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 Zonin Ordinance. The Town's Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 0.6 acres of land,
more or less, in the Bryant's First Addition, Block 15, Lot 1 R, Town of Prosper, Collin County,
Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned
as Planned Development-131 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, all of which are
incorporated herein for all purposes as if set forth verbatim.
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.
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
Case No. ZONE-24-0026 Ordinance No. 2025-04, Page 2
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 IITH DAY OF FEBRUARY, 2025.
David F. Bristol, Mayor
ATTEST:
W "j' S; 6
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. elch, Town Attorney
Case No. ZONE-24-0026 Ordinance No. 2025-04, Page 3
*ACS/TRC* COLLIN Doc: 000002820 Date: 06/15/2017 Vol: 0002017 Page: 00450 Page: 1 Of 5
HAIBY COLEMAN, LLC
ZONE 24-0026
EXHIBIT B: STATEMENT OF INTENT
Mr. David Hoover
Director of Development Services
Town of Prosper
250 W. First Street
Prosper, TX 75078
Re: Letter of Intent – Haiby Coleman Planned Development Request (301 S. Coleman)
Dear Mr. Hoover:
Please accept this letter of intent for the Planned Development (PD) zoning request associated with the
existing office building located at 301 S. Coleman. The purpose of this request is to modify the building
setback, landscape setbacks, lot coverage, and open space requirements as a result of the right-of-way
condemnation that has occurred to facilitate the First Street/Coleman intersection/round-about. The parcel
is currently 0.6089 acres in size but this will be reduced to .5685 acres.
Below are the proposed modifications to the base Downtown Office Zoning to be requested
- Front Yard Setback – 5’ or Variable Width
- Landscape Setback – 5’ or Variable Width
- Landscape Islands at Parking Terminus Islands – Width to be Reduced to Proposed ROW on First
Street
- Open Space Reduction
Should you need any additional information, please contact me at 817-201-6982.
Sincerely,
Matt Moore
Haiby Coleman, LLC
Manager
ZONE-24-0026
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 uses within this Planned Development District will follow the
Downtown Office District.
2.0 District Regulations
2.1 The district regulation requirements within this Planned Development District are
as follows:
• Size of Yards
o Front Setback (Coleman Street) – 5’
o Side Setback (First Street) – 5’
o Side Setback (Second Street) – 15’
o Rear Setback – 10’
• Size of Lots
o Minimum Lot Depth – 120’ (Measured from Coleman Street)
3.0 Landscaping & Open Space
3.1 The landscaping and open space requirements within this Planned Development
District are as follows:
• Landscaping & Open Space
o Coleman Street – 5’ Landscape Setback
o First Street – 5’ Landscape Setback
o Second Street – 15’ Landscape Setback
o Adjacent to Residential – 15’ Landscape Setback
o Parking Terminus Landscaping (First Street) – 5’ Width
o Existing sidewalks may be allowed to be within landscaping setbacks.
o Trees removed due to acquisition shall be replaced by the Town.
o Six Percent (6%) of Net Lot Area
SOUTH COLEMAN STREET(60' WIDTH R.O.W.)
EAST SECOND STREET
(60' WIDTH R.O.W.)
PROPOSED OFFICE BUILDING
7,378 SF
FFE=693.50
EAST FIRST STREET
(VARIABLE WIDTH R.O.W.)
EX. FDC
THOMAS J. & BOBBIE JAMES
DOC. NO 20140124000072220
O.P.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED DTO
MCNEELEY INVESTMENTS, LLC
DOC. NO 20080408000421920
O.P.R.C.C.T.
LAND USE: COMMERCIAL
ZONED COMMERCIAL
EDUARDO BELL
DOC. NO 20120501000502170
O.P.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED DTO
PRESBYTERIAN CHURCH
LAND USE: COMMERCIAL
ZONED SINGLE FAMILY
HESTER LOUISE MEWNSER
REVOCABLE TRUST
VOL 5377, PG 336
D.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
JAMES RALPH JORDAN, MARK HENRY
JORDAN AND WILLIAM THOMAS JORDAN
INST NO. 20110217000179950
LAND USE: RESIDENTIAL MOBILE HOME
ZONED SINGLE FAMILY
TLS INVESTMENTS
DOC. NO.
20141222001389220
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
MARCIA PETTIS
DOC. NO.
20130221000235310
LAND USE: RESIDENTIAL
ZONED DTSF
VIDAL RAMIRES
VOL. 4551, PG. 2777
D.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
HUBERT F. LOWRY
VOL. 1310, PG. 48
D.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
DANNY & HILDA VILLANUEA
VOL. 5367, PG 8985
D.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
FUTURE OLD TOWN DISTRICT
BYANTS FIRST ADDITION
LOT 1R, BLOCK 15
1
2
EX. SLOPED
HEADWALL 15' LANDSCAPE SETBACK/BUILDING LINE10' BUILDING LINE
15' LANDSCAPE SETBACK
V.W. LA
N
D
S
C
A
P
E
S
E
T
B
A
C
K
/
BUILDI
N
G
L
I
N
E
V.W. BUILDINGLINEV.W. LANDSCAPESETBACK18'6.5'24'18'
2' CAR
OVERHANG
PREVIOUS R.O.W.9'9'9'9'TYP.9'TYP.24'
24'
R
2
0
'
R20'
22' TYP.10'TYP.P.O.B.
98.83'77.83'42.2'55.44'2' CAR
OVERHANG
EX. 10'X10'
CORNER CLIP
EX. 10'X10' CORNER CLIP/
UTILITY & STREET ESMT
EXIST. FH
EXIST. FH
HEADLIGHT SCREENINGEX. FIRE HYDRANT
INSTALLED ADA
RAMP (ASBUILT)INSTALLED
5' SIDEWALK
ASBUILT
PROP. GARBAGE
TOTERS (ASBUILT)
SEWER MAN-HOLE
INSTALLED
(ASBUILT)
EXISTING AT&T
MANHOLE
22"X22" CATCH BASIN
W/ STEEL GRATE
S89°43'40"W 121.14'
∆=21°24'49"
R=186.33'
L=69.64'
CB=N79°33'56"W
C=69.24'
∆=48°48'56"
R=48.83'
L=41.61'
CB=N44°27'03"W
C=40.36'
N20°02'35"W
15.70'
EX. R.O.W.S 01°07'46" E 118.54'N 17°39'21" W 51.81
'
N 87°53'41" E 238.04'
∆=10°42'45"
R=186.33'
L=34.84'
CB=N84°54'56"W
C=34.79'DATENo.REVISIONBYDATE:
SHEET
File No. 2015-137
6/7/2017
CHECKED:
ASD
DRAWN:ASD
DESIGN:PROPOSED BUILDING301 S. COLEMAN ST.PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
ASDSITE PLANSP-1
0
GRAPHIC SCALE
1 inch = ft.
20 20 40
20
10
LEGEND
EX. FIRE HYDRANT
FIRE HYDRANT
HEAVY DUTY CONCRETE
PAVEMENT
PRIVATE SIDEWALK
STANDARD DUTY CONCRETE
PAVEMENT
COUNTY SURVEY:
COLLIN EAGLE SURVEYING, LLC
CITY:STATE:
PROSPER TEXAS
OWNER:
EXHIBIT D-1: SITE PLAN
APPLICANT:
SURVEYOR:EAGLE SURVEYING, LLC.
210 SOUTH ELM STREEET, SUITE 104
DENTON, TX 76201
ERNEST WOORSTER
PH.940.222.3009
HAIBY COLEMAN LLC
9271 SADDLE HORN CT
PROSPER, TX 75078-8827
PH:817.201.6982
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS
DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF
THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS
FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE
STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.
ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD
HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD
STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.
CASE#: ZONE-24-0026
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
LEGAL DESCRIPTION
BRYANTS FIRST ADDITION
VOL. 116, PG 162
LOT 1R, BLOCK 15
0.57 ACRES
WATER METERWM
T TRANSFORMER
FLOOD PLAIN NOTE
WATER METER SCHEDULE
ID TYPE SIZE NO.
DOM.2"1
IRR.1 1/2"1
1
2
HAIBY COLEMAN LLC
9271 SADDLE HORN CT
PROSPER, TX 75078-8827
PH:817.201.6982
N.T.S.
VICINITY MAP
N
SITE
E 1ST ST
S COLEMAN STS PRESTON RDE BROADWAY ST
E 2ND ST
E 5TH ST
E 6TH ST
E 7TH ST
N CHURCH STN PARVIN STS CRAIG RDS MCKINNEY STVARIABLE WIDTHV.W.
PUBLIC SIDEWALK
PREVIOUS ROW DEDICATION AT
TIME OF BUILDING CONSTRUCTION
EXISTING ROW DEDICATION
RECENTLY TAKEN
02/05/2025