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2026-26 O - Rezoning 0.23 Acres SF-15 to Planned Development-137 (PD-137) Coleman and Fifth Street - 207 N. Coleman (Indoor Golf Facility)TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-26 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 0.23 ACRES MORE OR LESS, BEING A PART OF BLOCK 2 OF THE MITCHELL ADDITION, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT 147, TOWN OF PROSPER, COLLIN COUNTY TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO PLANNED DEVELOPMENT-137 (PD-137); 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- 25-0009) from Jimit Patel and Christa Patel ("Applicants"), to rezone 0.23 acres of land, more or less, situated in the Collin County School Land Survey, Abstract 147, 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 0.23 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-52 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 Development Schedule, attached hereto as Exhibit E; (4) the Conceptual Elevations, attached hereto as Exhibit F; (5) the Open Space Plan, attached hereto as Exhibit G, all of which are incorporated herein for all purposes as if set forth verbatim. 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/Re peal. 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-25-0009 Ordinance No. 2026-26, 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/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 9TH DAY OF JUNE, 2026. David F. Bristol, Mayor ATTEST: Uw--nS,, Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: �<-, /�,/-tj� Terrence S. Wel h, Town Attorney Case No. ZONE-25-0009 Ordinance No. 2026-26, Page 3 `A I M AMERICAN MERIDIAN, LLC Surveying . 3 D S c o n n n g DESCRIPTION OF 0.231 ACRES OR 10,077 SQ FT. LEGAL DESCRIPTION: BEING A 0.231 ACRE TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NUMBER 147, COLLIN COUNTY, TEXAS AND BEING ALL OF THAT TRACT CONVEYED TO LIBRADO PEREZ ET UX IN VOLUME 1088, PAGE 625 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS AND BEING A PART OF BLOCK 2 OF THE MITCHELL ADDITION RECORDED IN VOLUME 107, PAGE 588 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" SQUARE TUBING FOUND IN THE WEST LINE OF NORTH COLEMAN STREET (A VARIABLE WIDTH RIGHT-OF-WAY) FOR THE SOUTHEAST CORNER OF SAID 0.231 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OF LOT 3R OF THE MITCHELL ADDITION, AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS AS RECORDED IN VOLUME 5816, PAGE 2443 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS AND HAVING A TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE, U.S. SURVEY FOOT GRID COORDINATE VALUE OF N: 7137363.98, E: 2487533.21 FEET FOR REFERENCE, FROM WHICH A 1/2" SQUARE TUBING FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 3R BEARS S 00°03'00" E, A DISTANCE OF 98.71 FEET; THENCE FROM SAID POINT OF BEGINNING, DEPARTING THE WEST LINE OF NORTH COLEMAN STREET, S 89°52'01" W, PASSING THE NORTHWEST CORNER OF SAID LOT 3R AT A DISTANCE OF 134.08 FEET AND CONTINUING IN ALL A DISTANCE OF 136.28 FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 0.231 ACRE TRACT, ALSO BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO JAMES SARTIN ET UX UNDER INSTRUMENT NUMBER 19960213000117320 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; THENCE, GENERALLY WITH A WOOD FENCE, N 03°36'16" W, PASSING A 2.5" GALVANIZED POST AT A DISTANCE OF 71.16 FEET AND CONTINUING IN ALL A DISTANCE OF 72.13 FEET TO A POINT IN A TREE IN THE SOUTH LINE OF A 10 FOOT ALLEY FOR THE NORTHWEST CORNER OF SAID 0.231 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OF SAID SARTIN TRACT, FROM WHICH A 1/2" IRON ROD FOUND IN THE NORTH LINE OF SAID 10 FOOT ALLEY BEARS N 42°27'59" W, A DISTANCE OF 13.38 FEET; THENCE, WITH THE SOUTH LINE OF SAID 10 FOOT ALLEY, N 89-09-46" E, A DISTANCE OF 140.30 FEET TO A 1/2" IRON ROD FOUND IN THE WEST LINE OF NORTH COLEMAN STREET FOR THE NORTHEAST CORNER OF SAID 0.231 ACRE TRACT, ALSO BEING THE SOUTHEAST CORNER OF SAID 10 FOOT ALLEY, FROM WHICH A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 10 FOOT ALLEY BEARS N 00°24'36" W, A DISTANCE OF 10.00 FEET; THENCE, WITH THE WEST LINE OF NORTH COLEMAN STREET, S 00°24'36" E, A DISTANCE OF 73.72 FEET TO THE POINT OF BEGINNING, CONTAINING 0.231 ACRES OR 10,077 SQ. FEET OF LAND, MORE OR LESS. I HEREBY STATE THAT THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION SURVEY DATE: 05-18-2023 r' �L 05/18/2023 GARRETT JAMES SMELKER REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO 6870 Exhibit A-1 0.231 ACRE TRACT BEING PART OF BLOCK 2, MITCHELL ADDITION, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, TOWN OF PROSPER, COLLIN COUNTY, TEXAS 5/18/2023 Sad) v m a �nudj ti $ rtln�yy� o ¢ F ((6,0o i ° a'd cWz 060g, p[i�yy9 �ro• YL N p W Cam it C� z qZ o�Tgo I-� z F-I Vi Z Y p J W 1 y Q U U O '54Yd p� p V O II��J77 Y^'�Na n a o z � hl boa 3> p d Z 0 , z O Q < 2 m U O c>Q3 F U K IN i' Z W � U � �W N OLL O Km ON/103 OON NOW Z/l� a (9 ZL NLIOs mvj) (3/1) AL'66 ZL'£L J ,BE.bZo00 S 3.001CO.0_ s —/ !l x(w-¢���.�._„y----..a- Zo '1 O �w LL Q LL h m b w m O _ N w >� oa anon i ;; a $g roawz oGw �wz �a oww l $C am wxm owl akaa �o 'r -z' P. �z w p9I It i$p z jw rc y $a w awzm�w °o wa ¢ _ wGEwa Z�zi U ti� 5 NK 3� mOOo vw � Y`m _� zdim azw zA, `O Ci me a W OyU, E3 yk SCe i-m° mEi 6oz0 rcz �o� �.d. _ w��_ 'azpow pm Jo-wo aoo pggLLa$$mpp < o° .o°z w. i�w of Jq - xU �O [r wOQvziQpiIV ¢ fygg� imm> mwa cFi mzm o0 sw" ad#ae mo�wwF mFao mo g Ou �. {j =gym $ °a cxa ao oF�w wmmao�zio 3� iC]C,7j vEoA wi0�w a�a uo�w Nom, Fw< f° W E Y.t=at: "3ry o3"�-°11g _2 2- wwuw� >q,c.xp sr mm°a awe<x°p dy��w. o f¢ci ow � CFS p ffi .. ➢s �m ow `=w a 1 D -- aiN ci wH �a rch�7 GS: d�q m9ar;g$a ¢° °O� OO V C�: 'r�'Y u'EH oFz io�w�ao�a8w 55 ZL M -91 o £1'9£9ES N „u (5'ZL INON U �9 m u "z Wym VO _ `vti lU"O'8d0 ri 2 O ;� Z OFd14PT'Kd�! 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NwO ywm tNOwym i�wNz o0� dap1"v90r Km 1\II �g $ ooa o0 ooww om=$zoo 3awio" Nrpo°w5.o-z- 4 of ro��� omo °Jw wzzz azwNLL 3LL5 apt Eas voy �rc� �•6{oo U ilit w0� Ord np "w' ca z .fir Rio" up �o'�p o0 ow naE w > oo zzrci~�umou ¢ a� - °wzw 3woaww 3 " m 1 4 C k y�w- J i tizox ¢�ama w�. ixi °N -Zudc_ >�O rc w T�rc`� m�c°it°ozz�¢ �u nupiO �moa°z~^ P°ym".m �o �¢AEa oLL amrc - - Eu _ r Zone 25-0009 Exhibit B Letter of Intent— Proposed Development Owners: Christa and Jimit Patel Address: 207 N Coleman St. Prosper TX, 77078 Current Zoning: Residential Single Family (SF-15) Proposed Zoning: Recreational Reference: 207 N. Coleman St Prosper, TX 75078 Project Description: Owners (Christa and Jimit) purchased the home to bring a business to the Prosper downtown to contribute to the Prosper downtown charm. The current home will be renovated, and additional square footage will be added to the home. Proposal: Renovate, and add to the existing structure to create a golf simulator business. ■ Business Model Patrons purchase a monthly membership to access the building. • They can book the time they would like to use the bays. • Booking will be done via Trackman software (Trackman is the golf simulator) on an app or website. • Time before and after will be factored in for the booking to ensure parking is not a concern. • Once the member books a time, they will be sent a code to access the building, the code is only valid for the time they have a reservation and will not be able to access the building outside those times —thus further alleviating any parking concerns as we would only have 4 members at a time (if fully booked) — Access provided an access control panel. o Members will not be able to bring friends, hence alleviating the concerns of having more than one person at a bay. • This will be regulated by a signed membership contract. 4 simulator bays o Each take about 500 Sq ft of space. Bathroom/Office/Hallway and Entry space to contribute to about 800 Sq ft. Building: 2,992 Sq Ft Proposed uses: Recreational Parking: 6 parking spots (1.5 parking spaces per golf simulator) Submitted by: Christa and Jimit Patel ZONE 25-0009 Exhibit C Development Standards This tract shall develop under the regulation of the Downtown Retail (DTR) 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 use within this Planned Development District is as follows: • Golf Simulator o Business Model Patrons purchase a monthly membership to access the building They can book the time they would like to use the bays ■ Booking will be done via Trackman software (Trackman is the golf simulator) on an app or website. Time before and after will be factored in for the booking to ensure parking is not a concern • Once the member books a time, they will be sent a code to access the building, the code is only valid for the time they have a reservation and will not be able to access the building outside those times —thus further alleviating any parking concerns as we would only have 4 members at a time (if fully booked) —Access provided an access control panel, pictured below (Image A) 0 4 simulator bays Each take about 500 Sq ft of space o Bathroom/Office/Hallway and Entry space to contribute to about 800 Sq ft 2.0 Open Space 2.1 The open space requirements within this Planned Development District are as follows: 7% of open space required Open Space Plan provided to show how this would be calculated 3.0 Architectural Standards 3.1 The architectural standards within this Planned Development District are as follows: • 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. All construction must have an approved facade plan before issuance of a building permit. • The primary building material will be fiber cement siding. ■ Awnings will be architectural materials that complement the building such as metal roof or shingle. • Color will be Sherwin Williams Cascades or similar (See Color and Inspiration on Exhibit F) Image A: Pin Pad for Door Access 8LOS1 Xl `aadsad 'IS UOWGIOO N LOZ i 3= ow U � 3 U r _ Z X 0 96 YAR•Wnti CutL77311'1C %nefNfM vd! MRf7G.YiXi �4dhmr ,4 W S• 1a lN.%A•Y7fR +m40L74'd ,:IYiT __ �A � q-%iHi1•pif �g.v „�r,+Mf�H�Y •Sil •� RdNNQLVl1•:8+ f f t &MV20rM.xS+arr�swas r .— H'0.91{L6Gi11ir•'gs1 � ull ai[tf P,S ��[A�y•�1,i8�t 19fY1G.NGlYe•^: •ISRj! W3 ii IkKLVfvtY115i 41 � I I I f l y r� lih6 _ r I r I' ggI .9f Z MT pia ZONE 25-0009 Exhibit E Development Schedule After the zoning approval, we anticipate the following development timeline: 3 months — Development Plan and Building Plan Approvals 4-6 months — Construction 12 months — Complete Project We are eager to get this development moving quickly to add to the Prosper downtown charm and bring in Prosper residents and residents from neighboring towns to explore and engage in all of what Prosper has to offer. 8 0 ZXl'ja sJd 'q ueWePO NZOZ )\ 5\\) §\p9 ® §\ | 8 0 Z X` dmJd 'IS OW8100 N L Z | ) !§•: •.|;,l,. `!| �! � Is 9® 1 : >©2 GL SZ 'jodsOJd 'IS uewg00 N ZOZ 8LO5L Xl 'aadsoJd 'IS UM0100 N LOZ 0 UW�O LL-wam�lo aaw WOO Ig NO~ m n O 8L05L Xi `aadsOJd `IS UeWOIOO N LOZ 0 U Uf � QZ m �YZUWZp 25 A ro p w<Tgo 'Tw w ono V =5 aF oa �o 0 0 0 m o 8L051 Xl `aadsOad `IS uewa100 N LOZ ,u u f- Ypz�iU Xry K�r�7HpK ZampUmUQwW g a � 0 1 m - O m j O •,G L• •.80. •,y�..• •Ali,++ �.Y,E• �.8.6+ 8LO9L Xl `aadsad `IS uewa100 N LOZ 4- E RG __ M{dp1M r1,C1,1Rv6lYA WOMObUCF H y mrs+ evti Y = Z ww 0 I N