13-07 O - Amend Planned Development-15 (PD-15), Exhibit C, Section 2.05 (Streets). (Z13-0003).TOWN OF PROSPER, TEXAS
ORDINANCE NO. 13 -07
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05 -20
AND ORDINANCE NO. 04 -66; REZONING A TRACT OF LAND CONSISTING
OF 124.655 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY
LAND SURVEY, ABSTRACT NO. 172, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT -15
(PD -15) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT -15 (PD -15); 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 Zoning Ordinance No. 05 -20 and Ordinance No. 04 -66 should be
amended; and
WHEREAS, the Town of Prosper, Texas ( "Prosper ") has received a request from H &M Fund II,
LLC ( "Applicant ") to rezone 124.655 acres of land, more or less, situated in the Collin County School
Land Survey, Abstract No. 172, in the Town of Prosper, Collin County, Texas; 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:
SECTION 1: Findin sg Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Ordinance No. 04 -66. Ordinance No. 04 -66 is amended as follows:
The zoning designation of the below- described property containing 124.655 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 172, in the Town of Prosper, Collin
County, Texas, (the "Property ") and all streets, roads and alleyways contiguous and /or adjacent thereto is
hereby rezoned as Planned Development -15 (PD -15). The property as a whole and the boundaries for
incorporated herein for all purposes aoifset forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must mzrnp/y with Ordinance No.
04-66 and with the requirements of all ordinances, ru|ea, and regulations of Prosper, as they currently
exist or may baamended,
Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall
be filed and maintained as follows:
a. Two CD copies mhed| be filed with the Town Secretary and retained aaoriginal records and
shall not be changed in any matter.
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
pannite, 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.
Written notice of any amendment to this Planned Development District shall be oerd to all
property owners within two hundred feet (200) of the specific area to be amended.
SECTION 3: No developer or property owner shall acquire any vested
interest in this Ordinance or in any other opaoUio 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. |t shall bo unlawful for any person, firm or corporation hn
make use of said premises in some manner other than as authorized by this (]ndinanoa, and shall be
unlawful for any person, finn 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 nr business entity violating this Ordinance or
any provision of prooper'o Zoning Ordinance No. 05-20. or as amended, shall be deemed guilty of
mniadernaanor, and upon conviction thereof shall be fined any ounn 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 |ona|, state and
federal law.
SECTION 6: Severability. Should any section, subsection, sentence, clause orphrase of this
Ordinance be declared unconstitutional or invalid by a uuud of competent jurisdiction, it is expressly
provided that any and 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 aections, subsections, sanb*nces, o|auana
and phrases be declared unconstitutional orinvalid.
SECTION T. Savings /Repealing Clause. Prosper's Zoning Ordinance No. 05 -20 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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS ON THIS 26th DAY OF MARCH, 2013.
APPROVED AS TO FORM:
Ray Smith, IMayor
ATTESTED TO AND
CORRECTLY RECD ED BY:
d �
Harlan Jefferson i own Secretary
,i
DATE OF PUBLICATION: '' �� Prosper Press
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ZONING CASE NO. Z13 -0063
EXHIBIT "A"
FRONTIER ESTATES
ZONED PD-15
124.655 ACRES OUT OF THE COLLIN COUNTY
SCHOOL. LAND SURVEY, ABSTRACT NO. 177
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
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Exhibit C
Frontier Estates Planned Development Amendment
Planned Development Standards
Except as otherwise set forth in these development standards, the property, as described in
Exhibit A, shall develop under Ordinance No. 04 -66.
2.05 Streets
Post Oak Court shall be extended into the property for a minimum of one lot depth. The
paving section of Post Oak Court shall match the existing paving section contained to
the east of the property.
All other residential streets shall consist of a fifty -foot wide right -of -way with a paving
section width of thirty -one feet, from back -of -curb to back -of -curb. Drainage systems
shall be incorporated into the street facility with concrete paving and mountable curbs.
All collector class Thoroughfares shall meet the standards specified in the Town's
Transportation Plan. All residential streets, collector streets and thoroughfares with
landscape and setback areas shall be shown on the Site Plan. Right -of -way areas shall
be dedicated and provided on any and all adjacent street or road section to conform to
the approved Transportation Plan of the Town.