14-10 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-10
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 12-24; REZONING A TRACT OF LAND CONSISTING
OF 6.60 ACRES, MORE OR LESS, SITUATED IN THE GEORGE HORN
SURVEY, ABSTRACT NO. 412, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-57-
OFFICE (PD-57-0) IS HEREBY AMENDED; 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 Grace
Academy of North Texas ("Applicant") to rezone 6.60 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 Nos. 05-20 and 12-24. Zoning Ordinance No. 05-20
and No. 12-24 is amended as follows: The zoning designation of the property containing 6.60
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 amended as Planned Development-57-Office (PD-
57-0). 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) and the concept plan, attached hereto as Exhibit "D", 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
Penalty. 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.
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
Ordinance No.14-10,Page 2
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
Savinas/ReiDealinq 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.
Ray Smith, I ayor
ATTEST:
Robyn B ttIe, Town S cretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-10,Page 3
w ONO
V A 'sew A 0-dd
'
coos �
'' _ ___
� _
___�, �96 __'i�= �A r 1 c� �p t�'w �r`am• f'''pp. '
v° sl
e vro^a o a lu°o¢�a n�� F pN�89yN
,ny�
�� 3Ny� 9 e�as� Asa NYtYSiU 1 w � - s„i �v ,
S��J� �IWgN o.ote sa.� f � � /A�ia.,�°w»fl` V�•8'�t A � r ,
90
lww",u w' a „oa gNO3. =ffi`b NiNd NO
¢ � A � � ,��<dAN
„W nrj5
dS ASNdy
gig
1 I
u°ebz°is vup s,t^v W S�y�et6 �N ! x
��6���u�iP”°�,o'f'ew�° 'y\'naw s,w+tbr'°✓"'°say°'�hN� \
�*, �°aiq w`✓W° °,Pd�'.D'W°'n°y°.a°p�.'o{�o�'v p�u�„ w�? \\
. Stiroow P'n°° Pap,,"• v,�`° 0,»a`i.
�M�z T°on°.K�,w ngWmc w 4Mm,�e°•C'38py»es K°' �oI>'tbv:m+°`si aw„�„ \
w °• � , °
.s vo n"�n��o'.bs��"°..n��°p�,o°���°,,,w°''„°'"•v�'nw°=''�`4�„°°-`"".o��`�o'e � �\
tyi`c 0
�'�°
soo�,w
EXHIBIT `B'
PLANNED DEVELOPMENT
STATEMENT OF INTENT
6.6 Acres, 4255 Prosper Trail
TOWN OF PROSPER, TX
The intent of this Revision to the existing Planned Development Zoning (PD 57)
currently in place for this property is to allow for temporary buildings on a portion
of the property, owned by Collin County Lighthouse Christian Fellowship.
The change affects the 6.6 acre tract described in the Exhibit `A' of this PD
Zoning Request and allows for Temporary Buildings in the approximate location
shown on Exhibit `D' of this PD Zoning Request. The Permitted Use of
Temporary Buildings would be allowed for a term of three (3) years from the date
of Certificate of Occupancy of the first building, and would allow for an extension
of One (1) year, one time prior to expiration of the permitted use.
EXHIBIT `C'
PLANNED DEVELOPMENT STANDARDS
6.6 Acres, 4255 Prosper Trail
Town of Prosper, Texas
Planned Development-57 Amendment
Except as otherwise set forth in the development standards below, the property, as
described in Exhibit A, shall develop under Ordinance No. 12-24 (PD-57).
1.0 Permitted Uses
Permitted uses listed in Ordinance Number 12-24 (PD-57)
• Temporary Buildings, subject to the conditions below:
A. The temporary buildings shall be located north of the main buildings, as
conceptually shown on Exhibit D.
B. A permit to erect a temporary building may be issued for an initial period of
three (3) years provided the applicant submits:
1) an application with documented evidence of an immediate need for space
to the Building Official, who shall evaluate each application for a
temporary building based on the following criteria:
a) capacity of the existing permanent building(s), which is located or
planned to be located on the same property for which the temporary
building permit is being sought, compared to the enrollment,
employment, and/or number of people attending the existing
permanent building(s) at one time;
b) total enrollment, employment, and/or membership size;
c) documentation of growth records depicting the number of people in the
congregation, school and/or office;
d) whether the facility is a start-up or new facility;
e) indication of alternative options that were explored before a temporary
building application was considered;
f) acts of nature; and/or
g) any other evidence which is reasonably related to the immediate need
for additional space;
2) A letter describing the applicant's plan for providing for a permanent
solution to the immediate need for a new temporary building(s) showing
the permanent building(s); and
3) a site plan for the temporary building(s) to the Planning Department, which
is subject to the review and approval of the Planning & Zoning
Commission
C. The temporary building(s) shall be removed within thirty (30) days of the date.
1) a Certificate of Occupancy is issued for the permanent building; or
2) the permit for the temporary building expires, whichever occurs first.
D. A request for a one (1) year extension of the temporary building permit may
be granted by the Planning & Zoning Commission provided the applicant:
1) has an approved and valid preliminary site plan for the permanent
building(s) and an approved and valid site plan for the temporary
building(s);
2) has a specific plan of how an additional year would allow the applicant to
construct the permanent building(s) by providing:
a) evidence of numeric growth, beyond that which was specifically
anticipated by the applicant;
b) membership, enrollment, and/or employment growth records;
c) evidence that alternative options were explored before an extension of
the temporary building permit was requested; and
d) any other criteria reasonably deemed appropriate by the Planning &
Zoning Commission.
E. The applicant may challenge a decision of the Building Official or Planning &
Zoning Commission, by appealing, in writing, to the Town Council within
fourteen (14) days of a decision of the Building Official or the Planning &
Zoning Commission. The Town Council's decision is final.
2.0 Landscapinq
A. Landscaping shall be located between the temporary buildings and the Rhea
Mills subdivision, as conceptually shown on Exhibit D, and shall consist of
one (1) small evergreen tree and one (1) five (5) gallon evergreen shrub
planted every fifteen (15) linear feet.
I
N
Ul
`41 1
A� I
x.. I
x r i oN 71
1
-u,e `ccxr-e„s w ZONED:A
wi w„F=u E usEVSN. ZONED.SF-15 .4 -
s_c snxl,ncr,excx cnsevex. u c
EXISTING ZONING:PD-57 4
PROPOSED ZONING:PD
c,c
Tc-
-- ti ^—
i,
,n--
°°m I_i^_- ce h r,00PUxxmr es
d PD-57 1 ^9r rye n e Is r,'
�,;
-- —- L_ - - 1.F - 287,514 SQ.FT. f ZONED: �a wtta
6.600 ACRES cEx Imo” j
"Ill a.
srx�rC- � acc. .11
I, t6smrz .1"pay ,c.e/ . I� I
r,ur nar r, .n u,v, .; u
A n x
N 89'35'17 E 186.89'
,ZONED:A N 00'14'43 W - ps
x _ 1 s
• S 894333 W 61604'/ y,. ,f
55.0.6'— lr h+:,u !f
u.,.. N 89'SB'S5'W
-———— 113.B7 EXHIBIT „D„
- - - ` POINT or05F- ��srr � COLLIN C'0 LN/Y LILD/ 0-
HEGINNING _ .._ _ - CHRISTIAN FELLO NSHIP INC.
- - _- PROSPER TRAIL 10SPEa�sncx i.. OF
PASs;zia65..`E- 6.60 ACRES
P CANT SITUA'T'ED IN THE
•s PaorPES-reA, GEORGE HORN SURVEY, ABST NO 412
ZONED:PD-49 �sD�e
ZONED:PD-49 ro*'"aM"" ,� FF 1<s 9j i__- CITY OF PROSPER, COLLIN COUNTY, TEXAS
rxc�-6 — —_---�-- n. UR 6IINV ENIN 20tNw9D)9CiF C9C�SUEP NS_w_sCn OS''.s6 LP.
+e
GINEERINC CONC ICN.
CRIFFITH SIIRV6YI.YC CO.,LLC EMENr CDn STRIC-u�[Itvlc_s
s n"tiuuE b `A^3oo
T903 95 1