14-09 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-09
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 6.48 ACRES, MORE OR
LESS, SITUATED IN THE GEORGE HORN SURVEY, ABSTRACT NO. 412, IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE
ZONED AGRICULTURAL (A) IS HEREBY AMENDED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-OFFICE (PD-0);
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 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from James
M. Zoller and Gail Lebovic ("Applicant') to rezone 6.48 acres of land, more or less, situated in
the George Horn Survey, Abstract No. 412, 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
Findinqs Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoninq Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the property containing 6.48 acres of land, more or less,
situated in the George Horn Survey, Abstract No. 412, 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-Office (PD-0). The Property as a whole and for
this zoning classification is 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 statement of intent and purpose,
attached hereto as Exhibit "B"; 2) the planned development standards, attached hereto as
Exhibit "C"; 3) the concept plan, attached hereto as Exhibit "D"; 4) and the development
schedule, attached hereto as Exhibit "E", which are incorporated herein for all purposes as if set
forth verbatim. Except as amended by this Ordinance, the development of the Property within
this Planned Development District must comply with the requirements of all ordinances, rules,
and regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
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 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.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200) of the District to be
amended.
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
Penaltv. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or 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.
Ordinance No.14-09,Page 2
SECTION 6
Severabilitv. 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 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
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
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, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2014.
l
Ray Smith Mayor
ATTEST:
Ad:�gw
Robyn kettle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-09,Page 3
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EXHIBIT "B"
Statement of Intent & Purpose
4855 North Custer Road
James Zoller and Gail Lebovic
4-8-2013
Prosper, Texas
The tract shall develop and operate under the regulations of the Office (0)
District as outlined in the Town's Zoning Ordinance No. 05-20, as it exists or may
be amended, with the following conditions listed in Exhibit "C".
We propose to change the Zoning from Agriculture to PD — O to make our
property more useable and sellable.
Sincerely,
James Zoller and Gail Lebovic
EXHIBIT "C"
PLANNED DEVELOPMENT STANDARD
4855 North Custer Road
James Zoller and Gail Lebovic
4-8-2013
Prosper, Texas
The tract shall develop and operate under the regulations of the Office (0) District as
outlined in the Town's Zoning Ordinance No. 05-20, as it exists or may amended, with
the following conditions:
1.0 Permitted Uses
The land uses following with an "S" are only permitted with a Specific Use Permit and
uses followed by a "C" are only permitted subject to the conditional development
standards set forth in the Town's Zoning Ordinance. The permitted land uses within this
Planned Development-Office District are:
• Accessory Building
• Administrative, Medical, or Professional Office
• Assisted care or Living Facility S
• Bank, Savings and Loan, or Credit Union
• Bed and Breakfast Inn S
• Business Service
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College, University, trade, or Private Boarding School S
• Community Center
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, Incidental S
• Dry Cleaning, Minor
• Farm, Ranch, Stable, Garden, or Orchard
• Fraternal Organization, Lodge, Civic Club. Fraternity, or Sorority
• Governmental Office
• Health/Fitness Center
• Homebuilder Marketing Center
• House of Worship
• Insurance Office
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Park or Playground
• Print Shop, Minor
• Private Recreation Center
• Private Utility, Other Than Listed
• Rehabilitation Center Institution S
• Restaurant or Cafeteria C
• Retail/Service Incidental Use
• School, Private or Parochial
• School, Public
• Stealth Antenna, Commercial C
• Telephone Exchange
2.0 Perimeter Landscaping
2.01 Due to the 170' wide overhead electric transmission line easement, the required
perimeter plantings shall be permitted to be located interior to the property,
generally located between Rhea Mills Estates and any new development.
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EXHIBIT E
There is no construction schedule at this time for this proposed Concept Plan. No construction is
planned or may ever be planned.
Jim Zoller