2025-51 O - Rezoning 0.7 Acres from SF-15 to Planned Development-133 (PD-133) Northwest Corner Lane Street and First Street - 607 E First StreetTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2025-51
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 0.7 ACRES, MORE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY 12, ABSTRACT 147, TRACTS 39
AND 177, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM
SINGLE FAMILY-15 (SF-15) TO PLANNED DEVELOPMENT-133 (PD-133),
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-
25-0001) from Carrie Gappinger ("Applicant"), to rezone 0.7 acres of land, more or less, Collin
County School Land Survey 12, Abstract 147, Tracts 39 and 177, in the Town of Prosper, Collin
County, Texas, and being more particularly described in Exhibit "A-1" and Exhibit "A-2", 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 0.7 acres of land,
more or less, in the Collin County School Land Survey, Abstract 147, Tracts 39 and 177, Town of
Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent
thereto are hereby zoned as Planned Development-133 and being more particularly described in
Exhibit "A-1" and 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; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the Fagade Plan,
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.
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/Reveal. 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-25-0001 Ordinance No. 2025-51, 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 23RD DAY OF SEPTEMBER, 2025.
David F. Bristol, Mayor
ATTEST:
.a k .
Michelle Lewis Sirianni, Town Secretary
� OF P��s
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Nk,- TExNSI
Case No. ZONE-25-0001 Ordinance No. 2025-51, Page 3
ZONE-25-0001
Exhibit "A-1"
Metes & Bounds Description of Property
BEING A 0.681 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, BEING ALL THAT CERTAIN TRACT OF LAND CONVEYED IN DEED TO CARRIE ANN
GAPPINGER, ASRECORDED IN INSTRUMENT NO. 20200131000139690, OFFICIAL PUBLIC RECORDS,
COLLIN COUNTY, TEXAS, AND ALL THAT CERTAIN TRACT OF LAND CONVEYED IN DEED TO CARRIE A.
GAPPINGER, AS RECORDED IN INSTRUMENT NO. 20130114000055400, SAID OFFICIAL PUBLIC
RECORDS, SAID TRACTS BEING FULLY DESCRIBED BY METES AND BOUNDS IN DEED RECORDED IN
INSTRUMENT NO. 20070705000921820, SAID OFFICIAL PUBLIC RECORDS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2-INCH IRON ROD SET WITH CAP STAMPED "PREMIER SURVEYING" AT THE
SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, SAID IRON ROD BEIN THE INTERSECTION OF
THE WEST LINE OF S. LANE STREET AND THE NORTH LINE OF E. FIRST STREET; THENCE NORTH 890 59'
16" WEST, A DISTANCE OF 121.92 FEET ALONG SAID NORTH LINE TO A 1/2-INCH IRON ROD SET WITH
CAP STAMPED "PREMIER SURVEYING' AT THE SOUTHWEST CORNER OF THIS TRACT; THENCE NORTH
000 06' 38" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 243.17 FEET TO A 1/2-INCH IRON
ROD SET WITH CAP STAMPED "PREMIER SURVEYING" AT THE NORTHWEST• CORNER OF THIS TRACT,
SAID IRON ROD BEING ON THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED
TO TERRANCE G. QUIGLEY AND WIFE, LINDA CAROL QUIGLEY, AS RECORDED IN INSTRUMENT NO.
93-0096153, AFORESAID OFFICIAL PUBLIC RECORDS; THENCE SOUTH 890 54' 45" EAST, A DISTANCE
OF 122.00 FEET TO AN "X" SET IN CONCRETE AT THE NORTHEAST CORNER OF THIS TRACT AND THE
SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO INYMAC LLC, AS
RECORDED IN INSTRUMENT NO. 20210428000849260, SAID OFFICIAL PUBLIC RECORDS, SAID "X"
BEING ON THE AFORESAID WEST LINE OF S. LANE STREET; THENCE SOUTH 000 07' 49" WEST, A
DISTANCE OF 243.01 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING AND CONTAINING
29,648 SQUARE FEET OR 0.681 OF ONE ACRE OF LAND.
*See Survey for signed Metes and Bounds Description*
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ZONE-25-0001
Exhibit "B"
Statement of Intent & Purpose
4/15/25
607 East First Street
Prosper, TX 75078
Current Zoning: SF-15
Proposed Zoning: Planned Development
Intent & Purpose of Proposed Rezoning:
The exterior of the home will not be significantly altered as a part of the change from
a residential use. Keeping the historical nature of the home is viewed as an asset.
Minor interior improvements may occur at a later date. At this time, no square
footage will be added or removed.
We believe this use is consistent with adjacent parcels, which have previously
re -zoned to Downtown Office District. A few examples of businesses located within a
block of the subject parcel:
Prosper Pantry- 608 First Street
Social House Chiropractic - 704 E First Street
Ameriprise Financial Services - 705 E First Street
Prosper Insurance Agency - 713 E First Street
Exhibit "B"
Statement of Intent & Purpose (Continued)
Property Description:
The applicant has provided a location for off-street parking as required by city
ordinance.
A small sign will be necessary. This sign will comply with signage regulations and be
similar to the Prosper Pantry sign in scale.
ZONE-25-0001
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 are as follows
• Administrative, Medical, and Professional Office
• Architectural or Interior Design Studio
■ Bed and Breakfast S
• Boutique Retail
• Coffee Shop S
Materials Showroom
• Single -Family Dwelling
® Tea Room S
2.0 District Regulations
2.1 The district regulation requirements within this Planned Development District are
as follows:
• Size of Yards
o Front Setback (Lane Street) — 25'
o Side Setback (Northern Boundary) — 5'
o Side Setback (First Street) — 15'
o Rear Setback (Western Boundary) — 10'
• Size of Lots
o Minimum Lot Area — 6,000 SF
o Minimum Lot Width — 50'
o Minimum Lot Depth — 120'
• Maximum Height
o Two stories, no greater than 40'.
• Maximum Lot Coverage
o Fifty -Five Percent (55%)
3.0 Landscaping & Open Space
3.1 The landscaping requirements within this Planned Development District are as
follows:
• Northern Boundary (Adjacent to Residential) — 5' Landscape Buffer
o One ornamental tree every 30 linear feet.
Eastern Boundary (Adjacent to Lane Street) — 5' Landscape Buffer
o One ornamental tree every 30 linear feet.
• Southern Boundary (Adjacent to First Street) — 5' Landscape Buffer
o One ornamental tree every 30 linear feet.
• Western Boundary (Adjacent to Residential) — 5' Landscape Buffer
o One ornamental tree every 30 linear feet.
3.2 The open space requirements within this Planned Development District are as
follows:
• Seven percent (7%) of the lot area is required to be open space.
4.0 Screening
4.1 The screening requirements within this Planned Development District are as
follows:
Six-foot (6') cedar board -on -board wooden fence adjacent to residential
development on the northern and western boundaries.
5.0 Architectural Standards
5.1 The architectural standards within this Planned Development District are as
follows:
• Existing Structures
o Exterior alterations not related to maintenance must be approved by
the Director of Development Services.
New Structures
o Shall consist of masonry materials including clay fired brick, natural,
precast, and manufactured stone, granite, and marble. Other
materials may be approved by the Director of Development Services.
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.
%ft Dela Summary Table
Lot Aree: 29 66a n6 SF in fi&q AG)
Square Fsolege or E Yelp Sbuclure: 1355 SF
Proposed flee: Office'
as ,xi Perking: a Space
Prevlded Perking: 5 sp.-
- Flnel uea will dI.— required parking.aunt
rr "Approx 250 feet to nearest lire hydrant"
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5'; 10'
"Ten -foot (10') ROW dedication with a live -loot (5')
EXISTING FENCE , access and utility easement"
TO REMAIN EXISTING FENCE —
TOREMAIN
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61t [all board on board lance to be installed ,
on north and west boundaries if property is ,
used for commercial purposes ,
This tree can remain if
parking Lot is shifted 20 ft '
north REMOVEEX6TING —
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1 ' Parking shown is general concept of parking
Pool Spaces to he provided. The final configuration will
depend on the final parking space count, Parking
shown on spaces shall be shifted to accommodate a 15-foot
I right-of-way line,ack before hIf itris deemed that mo a thane
google 1a.p
�. a _f, _ flue to six spaces are required haled on the
maps has ; proposed use, the parking area will he shifted
more north to accommodate the increase,
been , � r.� 'a.a' > , • �, I. ,
removed ' +'
e a • PROPOSED
- ,PARWNG'AREA.
Ex ISTING FENCE 1 '
TO REMAIN
Existing shed to
remain for storage
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607 EAST FIRST STREET
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EXISTING HOME
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1,365 SF - MAIN LEVEL
o
{ — BIETING FENCE
yphl TO REMAIN
Per the Fire
Department, fire
LANDSCAPE
sENIE T ' hydrant may be
1 EASEMENT , added to the
' property near the
i I corner of Lane
Variable + �
Street and First
Street.
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InaltrsatTw "Approx 360 feel to nearest fire hydrant
Approx. 130feet to nearest fire hydrant "ROW gedication as required forJapwn CIP project." _
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Tex( Y
FIRST STREET
607 EAST FIRST STREET
ACREAGE: 0.681 ACRES
TOWN PROJECT NUMBER: ZONE-25-0001
EXHIBIT D - CONCEPT PLAN
PROSPER, TEXAS
APRIL 8, 2025
ZONE-25-0001
Exhibit "E"
Development Schedule
The applicant intends to begin business operations at this location within 90 days of
obtaining the required rezoning.
ZONE-25-0001
Exhibit "F"
Elevations
Only Minor alterations of the exterior are anticipated (maintenance related painting).
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View from First Street Looking North
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View from side yard, looking East
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View from First Street Looking Northeast
View from lane Street Looking South/Southwest
Five -fool landscape buffer will one ornamental
tree every 30 linear feel shall be shown on
official Landscape Plan that is submitted with
Silo Plan
Five -fool landscape buffer will one
ornamental tree every 30 linear feel
shall be shown on official Landscape
Plan Ihal is submitted with Site Plan
Detailed tree
survey will be
provided at the
time of Site
Plan
Pool has been
removed
E ISTING FENCE -
TO REMAIN
Iy 5.0'
!
Landscape islands shall be
provided at the terminus of all
parking rows, conlain one
!
large tree, and not be located
within landscape easements
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CHIC COOP
CHICKEN COOP
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Parking shown is general concept of parking
spaces to be provided The final configuration will
• PROPOSED
depend an the Anal parking space count- Parking
PARRIIVCtS I
% % "AIM" be add to11aecnvncdaaa
I .24-D' 15-fool setback before the firs) slall, measured
from the rightaf-way line. If It is deemed that
ire than four to five spaces are required based
no me proposed use, ill the parking area wbe
! shifted more north to accommodate the Increase
EXISTING SHED
TO REMAIN
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Variable
� � Bkrtrl
ROW Dedicalton as required for Town CIP protect.
PLMT SC RIEDULS
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607 EAST FIRST STREET
EXISTING HOME
1,365 SF -MAIN LEVEL
1
y
PROPOSED -
lANOww
EASEMENT
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FIRST STREET ` n
Landscape easement shall be
live feel (5') in width and have
. Qlnornonial G+0" fir 30
linear feet This shall be shown
on official Landscape Plan that
is submitted with Site Plan -
Ornamental free species
will be in pacwdcrMagryllt
n%rdina 20l1001 WorV1
Texas and determined at
no IimB BI A SIle Pion.
I
EksTING FENCE
Landscape easement (along Lane Street)
shall be exclusive of live -foot (6) utility and
access easement, be live feet (5') in width,
and have one ornamental tree every 30 linear
feel. This shall be shown on official
Landscape Plan that is submitted with Site
Plan-
607 EAST FIRST STREET
ACREAGE: 0.681 ACRES
TOWN PROJECT NUMBER: ZONE:-25-0001
EXHIBIT G - LANDSCAPE PLAN
PROSPER, TEXAS
APRIL 8, 2025
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