2025-34 O - Rezoning 0.6 Acres from Planned Development SF-15 Haiman Addition located north of of Seventh Street and west of Church Street - Legacy Shopping CenterTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2025-34
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
HAIMAN ADDITION, BLOCK A, LOT 1, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO PLANNED
DEVELOPMENT-132 (PD-132), 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-
24-0002) from Windrose Land Surveying ("Applicant"), to rezone 0.6 acres of land, more or less,
Haiman Addition, Block A, 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 0.6 acres of land,
more or less, in the Haiman Addition, Block A, 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-132 (PD-132) and being more particularly described in Exhibit "A-1" and
represented in Exhibit "A-2," 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; and (2) the Conceptual Plan, attached hereto as Exhibit D, 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: I
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,
Case No. ZONE-24-0002 Ordinance No. 2025-34, 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/Repeating 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 12th DAY OF AUGUST, 2025.
David F. Bristol, Mayor
ATTEST:
ichelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-24-0002 Ordinance No. 2025-34, Page 3
TLxAS
Exhibit A-1
ZONE-24-0002
WINDROSE
LAND SURVEYING PLATTING
DESCRIPTION OF
0.6428 ACRES OR 28,000 SQ. FT.
BEING A TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LANDS, ABSTRACT NUMBER (NO.) 147, COLLIN
COUNTY, TEXAS, BEING ALL OF LOT 1, BLOCK A, HAIMAN ADDITION, AN ADDITION TO THE TOWN OF PROSPER,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN INSTRUMENT (INST.) NO. 20150511010001530, PLAT
RECORDS OF COLLIN COUNTY, TEXAS (P.R.C.C.T.), SAME BEING TRACT OF LAND DESCRIBED TO HAIMAN FAMILY
LEGACY WEALTH TRUST IN SPECIAL WARRANTY DEED RECORDED IN 20160310000287060, OFFICIAL PUBLIC RECORDS
OF COLLIN COUNTY, TEXAS (O.P.R.C.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS, (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH
CENTRAL ZONE (4202) NORTH AMERICAN DATUM 83 (NAD83)(US FOOT) WITH A COMBINED SCALE FACTOR OF
1.00015271):
BEGINNING AT 1/2 INCH REBAR FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 1, SAID POINT LYING ON THE
NORTH RIGHT—OF—WAY LINE OF SEVENTH STREET (60 FOOT RIGHT—OF-WAY);
THENCE, NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST, WITH THE NORTH RIGHT—OF—WAY LINE OF SAID SEVENTH
STREET, A DISTANCE OF 200.00 FEET TO A CAPPED 1/2 INCH REBAR STAMPED "WINDROSE" SET FOR THE SOUTHWEST
CORNER OF SAID LOT 1;
THENCE, NORTH 00 DEGREES 03 MINUTES 21 SECONDS EAST, WITH THE WEST LINE OF SAID LOT 1, A DISTANCE OF
140.00 FEET TO A CAPPED 1/2 INCH REBAR STAMPED "WINDROSE" SET FOR THE NORTHWEST CORNER OF SAID LOT 1,
SAID POINT LYING ON THE SOUTH RIGHT—OF—WAY LINE OF A 20 FOOT ALLEY;
THENCE, SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, WITH THE SOUTH RIGHT—OF—WAY LINE OF SAID 20 FOOT
ALLEY, A DISTANCE OF 200.00 FEET TO A CAPPED 1/2 INCH REBAR STAMPED "WINDROSE" SET FOR THE NORTHEAST
CORNER OF SAID LOT l;
THENCE, SOUTH 00 DEGREES 03 MINUTES 21 SECONDS WEST, WITH THE EAST LINE OF SAID LOT 1, A DISTANCE OF 140.00
FEET TO THE POINT OF BEGINNING AND CONTAINING 0.6428 ACRES OR 28,000 SQUARE FEET OF LAND, MORE OR LESS.
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R.P.L.S. 644'?
STATEiXAS
FIRM REGISTRATION NO. 10194331
12-14-2023
DATE:
713 458 2281 1 11111 RICHMOND AVE, STE 150, HOUSTON, TX 77082
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Exhibit B
ZONE-24-0002
Statement of Intent and Purpose
The purpose of this zoning request is to change the current zoning from Single Family-15 to
a Planned Development to be able to comply with the Town of Prosper's platting
requirements in order to subdivide the property into two lots. The future plan for the property
will be to sell the lots.
ZONE-24-0002
Exhibit C
Development Standards
This tract shall develop under the regulation of the Single Family — 15 District (SF-15) as outlined
in the Town's Zoning Ordinance, as it exists or may be amended with the following conditions:
1. Permitted Uses
The permitted uses are as follows:
• Single Family Residence, Detached
• Accessory Buildings
2. District Regulations
The district regulation requirements within this Planned Development are as follows:
• Size of Yards
o Minimum Front Yard — 35 feet.
o Minimum Side Yard —10 feet; 15 feet on corner adjacent to side street.
o Minimum Rear Yard — 25 feet.
• Size of Lots:
o Minimum Lot Area — 14,000 square feet.
o Minimum Lot Width — 100 feet.
o Minimum Lot Depth — 135 feet.
3. Architectural Standards
The architectural standards within this Planned Development are as follows:
• Building materials requirements
o The exterior facades shall be constructed of 100 percent masonry (clay
fired brick, natural and manufactured stone, granite, and marble).
Other materials may be approved by the Director of Development
Services.
o Stucco on structures shall be traditional 3-coat process cement plaster
stucco. Stucco shall be considered a secondary material and limited to
20 percent on the exterior fagades.
o Cementitious materials may constitute up to twenty percent (20%) of
the area for stories other than the first story.
o On side and rear elevations, cementitious materials may not be used
as a fagade cladding material for portions of upper stories that are in
the same vertical plane as the first story.
o The exterior cladding of chimneys shall be brick, natural or
manufactured stone, or stucco.
o Cementitious materials may be used for architectural features,
including window box -outs, bay windows, roof dormers, garage door
headers, columns, or other architectural features approved by the
Building Official.
• Existing Structures
o Exterior alterations not related to maintenance shall be approved by the
Director of Development Services or his/her designee.
• New Structures
o The architectural style of the building shall be compatible with the
neighboring properties.
o Exterior elevations shall be submitted to the Planning Division and are
subject to the approval of the Director of Development Services or
his/her designee.
o Shall incorporate covered porches into the front fagade, a multiplicity of
roof forms, and high pitch roof lines. Recommended architectural
styles are Craftsman, Folk Traditional, and Victorian.
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