03-62 - O TOWN OF PROSPER, TEXAS ORDINANCE NO 03-62
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;
REZONING A TRACT OF LAND CONSISTING OF 42.435 ACRES, MORE OR
LESS, SITUATED IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112,
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS HERETOFORE
ZONED SINGLE-FAMILY RESIDENCE DISTRICT-1 (SF-1) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-SINGLE FAMILY-2 (PD-SF-2); 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. 84-16 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from HSM
Devco, LTD. ("Applicant") to rezone 42.435 acres of land, more or less, situated in the William
Butler Survey, Abstract No. 112, 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: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendments to Zoning Ordinance No. 84-16. Zoning Ordinance No. 84-16
is amended as follows: The zoning designation of the below-described property containing
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42.435 acres, more or less, situated in the William Butler Survey, Abstract No. 112 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-Single Family-2
(PD-SF-2). The property as a whole and the boundaries for each zoning classification are 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";
and 3) the conceptual plan, attached hereto as Exhibit "D"; each of which is 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 inspector 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 Planned Development District shall be sent to
all property owners within two hundred feet (200') of the specific area to be amended.
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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. 84-16, or as amended, shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not
exceeding Two Thousand Dollars ($2000.00). 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 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: Savinqs/Repealinq Clause. Prosper's Zoning Ordinance No. 84-16 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
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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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 18th DAY OF November, 2003.
APPRO S TO FORM:
• !erayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shanae Jennin own Se ary
DATE OF PUBLICATION: /6v 0207 dw.3 t/v 0j1 4-D�s Morning News-Collin County Addition
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EXHIBIT "A"
PROPERTY DESCRIPTION
42.435 ACRES
DESCRIPTION OF 42.435 ACRES OF LAND
All that certain tract of land lying and being situated in Collin County, Texas; a part of
the WILLIAM BUTLER Survey, ABSTRACT NUMBER 112, and being and including
all that same tract said to contain 42.435 acres as described in a deed to Atomic Auto
Crusher and Parts, Inc., recorded under Clerk's File No. 00-78877of the Collin County
Land Records, said tract or a parcel of land is herein described as follows; to Wit:
BEGINNING at an iron rod found in the center of County Road No. 78 for the Southwest
corner of the premises herein described, said corner being the Southeast corner of a tract
said to contain 37.789 acres as described in a deed to Sterling Projects, Inc., recorded in
Volume 4125, page 2623, Collin County Land Records, said corner also being in close
proximity to the centerline of a 100 ft. wide T.P. and L. Easement recorded in Volume
492, page 85, Collin County Deed Records;
THENCE North 18 degrees 30 minutes 45 seconds East along the West line hereof and
approximate centerline of said T. P. & L. Easement at 55 feet passing an inch iron rod
set for witness and in all a distance of 1626.80 feet to an '/2 inch iron rod found for the
Northeast corner of said called 37.789 acres tract, said corner being the Southeast corner
of NORTHCHASE ESTATES, an addition to the City of Prosper according to the plat
thereof recorded in Cabinet F, Page 491, Collin County Map Records;
THENCE continuing along the West line hereof and the approximate centerline of said T.
P. & L. Easement, North 18 degrees 32 minutes 55 seconds East 496.26 feet to a '/2 inch
iron rod found on the Northeast corner of said NORTHCHASE ESTATES, said corner
being on the South line of BRADFORD FARMS Addition, an addition to Collin County,
Texas according to the Plat thereof recorded in Cabinet J, Page 765, Collin County Map
Records;
THENCE along the South line of BRADFORD FARMS ADDITION, North 87 degrees
55 minutes 36 seconds East 272.92 Feet to an 'A inch iron rod found for corner;
THENCE North 87 degrees 57 minutes 22 seconds East 153.10 feet to an '/2 inch iron rod
found for corner;
Thence North 87 degrees 41 minutes 32 seconds East 131.96 feet to an '/2 inch iron rod
set for the Northeast corner hereof, said corner being the Northwest corner of
STEEPLECHASE LAKE OF PROSPER, an addition tb the City of Prosper according to
the plat thereof recorded in Cabinet N, page 134 of the Collin County Map Records:
THENCE South 01 degree 38 minutes 35 seconds East 2006.60 feet to a 5/8 inch iron rod
found in the center of County Road No. 78 for the Southeast corner hereof, an 'h inch
iron rod found bears North 01 degrees 38 minutes 35 seconds West 40.00 Feet;
THENCE South 88 degrees 45 minutes 26 seconds West along the approximate center of
said County Road No. 78 a distance of 1289.83 feet to the Place of BEGINNING and
containing 42.435 acres of land.
EXHIBIT "B"
STATEMENT OF INTENT AND PURPOSE
It is the intent of the Applicant to develop the Property described in EXHIBIT "A" into a
single-family residential subdivision. The purpose of the Planned Development is to
develop the lots along the Eastern boundary line of the subject Property (ADJACENT TO
STEEPLECHASE LAKE OF PROSPER ADDITION) with Twelve Thousand Five
Hundred Square Feet (12,500 S.F.) lots that approximate that size of the Pots in the
abutting subdivision. It is the Applicant's intent to provide open space for the enjoyment
of the future residents on the Property described in EXHIBIT "A" as shown on the
accompanying Preliminary Plat.
EXHIBIT "C"
PLANNED DEVELOPMENT STANDARDS
Planned Development-Single-Family-2 (PD-SF-2) 42.435 Acres
This tract may be developed under the regulations of Single-Family-2 District (SF-2) as
outlined in Ordinance Number 84-16 as it currently exists or as it may be amended in
the future with the following additional conditions.
1. Minimum front yard setback is thirty (30) feet.
2. The minimum side yard setback is eight (8) feet.
3. The minimum rear yard setback is Twenty (20) feet.
4. Minimum lot area shall be ten thousand (10,000) square feet, except lots abutting
the east boundary line of the 42.435 acres shall have a minimum lot area of twelve
thousand five hundred (12,500) square feet. The lots facing east and on the eastern
half of Block C (Block C being north of the detention pond) shall be a minimum of
eleven thousand five hundred (11,500) square feet.
5. Minimum lot width shall be seventy-five (75) or greater measured at the front
building setback line.
6. All other minimum or maximum standards for widths, depths, dwelling sizes, yard
areas, heights, coverage, parking and setbacks shall comply with the Single-Family-
2 (SF-2) District.
7. A maximum of one hundred eight (108) single-family lots may be developed on the
42.435 acres.
8. A minimum 10-foot wide landscape buffer shall be provided along CR 78. Lots
adjacent to the buffer shall be separated from the buffer and screened from C.R. 78
by a six-foot wrought iron fence and minimum six-foot tall evergreen trees planted a
minimum of 20-feet on-center. Wood privacy fences may not be erected adjacent to
the wrought iron fence.
9. Cul-de-sac streets depicted on Exhibit D will be allowed to exceed the three hundred
(300) foot maximum length required in the Subdivision Regulation, so long as it does
not exceed six hundred (600) feet or the street is looped.
10.Trees located in the Common Open Space shall be preserved, except those trees
conflicting with storm water detention structures, pathways, utilities, or recreational
facilities.
11.Storm water shall be allowed to cross from lot to lot within a drainage easement wide
enough to accommodate a 100 year frequency rain event, but only in accordance
with the detail depicted on Exhibit D, or as otherwise approved by the Town
Engineer and the Director of Planning.
12.The minimum dwelling area shall be two thousand (2,000) square feet. The
minimum dwelling area for the first row of lots along the eastern boundary of this
Planned Development District shall be two thousand and two hundred (2,200)
square feet. The average minimum dwelling area throughout this Planned
Development District shall be two thousand and five hundred (2,500) square feet.
An average dwelling calculation sheet shall be submitted by the applicant to the
Town along with each building permit request.
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
TOWN OF PROSPER
as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
TOWN OF PROSPER, TEXAS November 22, 2003
ORDINANCE NO. 03-62
AN ORDINANCE AMENDING PROSPER'S ZONING, November 24, 2003
ORDINANCE NO. 84-16; REZONING A TRACT OF
LAND CONSISTING OF 42.435 ACRES, MORE OR
LESS,SITUATED IN THE WILLIAM BUTLER SURVEY,
ABSTRACT NO. 112, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS HERETOFORE ZONED
SINGLE-FAMILY RESIDENCE DISTRICT-1 (SF-1) IS
HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT-
SINGLE FAMILY-2 (PD-SF-2); DESCRIBING THE
TRACT TO BE REZONED; PROVIDING FOR A PEN-
ALTY FOR THE VIOLATION OF THIS ORDINANCE; ( --? A
PROVIDING FOR REPEALING,SAVING AND SEVER- �✓
ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE;AND PROVIDING FOR Le/4 `
THE PUBLICATION OF THE CAPTION HEREOF. r ..)(,)''?
(Lynda Black)
Sworn to and subscribed before me this December 3, 2003, A.D
�ottiiI//#, i
Naaa gpTT6- ''I. .. i
v is'\°PRY PU9G...<' , A >. _ r
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°'i (Lisa Battenfi ld)
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