04-093 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 04-93
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A
TRACT OF LAND CONSISTING OF 27.436 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-1 (SF-1) IS HEREBY REZONED
AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-SINGLE
FAMILY-1 &2(PD-SF-1&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 initiated a request to rezone 27.436 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 27.436 acres of land, 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-1 & 2 (PD-SF-1&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 development 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.
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: Penal . 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 ($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 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: Savinos/Rei)ealina 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 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 141h DAY OF SEPTEMBER,2004.
APPROVED AS TO FORM:
&.h19(5s`N iswa�, ayo-rO`�_
ATTESTED TO AND
CORRECTLY RECORDED BY:
Shanae Jenni s,Town Secretary
DATE OF PUBLICATION: 7 '0V—, Dallas Morning News—Collin County Addition
LEGAL DESCRIPTION
Steeplechase Lake of Prosper
Being a tract of land situated in the William Butler Survey, Abstract No. 112, Collin County, Texas
and being all of a called 27.4356-acre tract as evidenced in a Special Warranty Deed with Vendor's
Lien, recorded in Volume 3472 at Page 180 of the Official Public Land Records of Collin County,
Texas (OPLRCCT) and being more particularly described by metes and bounds as follows
(bearingsbased on the Texas State Plane Coordinates, North Central Texas Zone):
BEGINNING at a 1/2-inch iron rod found for the southwest corner of said 27.4356-acre tract, and the
southeast corner of a called 42.437-acre tract as conveyed to Wayne A. Robinson, et ux and evidenced
in a Deed recorded in Volume 3377 at Page 923 OPLRCCT, said iron rod being on the north line of a
tract of land as conveyed to OPUBCO Properties, Inc. and evidenced in a Deed recorded in Volume
1639 at Page 454 OPLRCCT, said iron rod also being in the centerline of County Road No. 78 (an
undedicated right-of-way):
THENCE North 00 degrees 25 minutes 09 seconds West, along the west line of said 27.4356-acre tract
the east line of said 42.437-acre tract and generally along a barbed wire fence, a distance of 2006.38
feet to a 5/8-inch iron rod set for the northwest corner of said 27.4356-acre tract and the northeast
corner of said 42.437-acre tract same being on the south line of a tract of land as conveyed to Alliance
Trust Company,N.A. and evidencd in a Deed recorded in Collin County Clerk's File No. 95-0096769
OPLRCCT;
THENCE North 89 degrees 08 minutes 49 seconds East, along the north line of said 27.4356-acre tract
and the south line of said Alliance Trust Company, N.A. tract, a distance of 594.38 feet to a 1/2-inch
iron rod found for the northeast corner of said 27.4356-acre tract and the southeast corner of said
Alliance Trust Company, N.A. tract, same being on the west line of a tract of land as conveyed to
Wilson B. Sexton, et ux and evidenced in a Deed recorded in Volume 2976 at Page 283 OPLRCCT;
THENCE South 00 degrees 25 minutes 09 seconds East, along the east line of said 27.4356-acre tract
and the west line of said Sexton tract, a distance of 2015.16 feet to a 1/2-inch iron rod found for the
southeast corner of said 27.4356-acre tract and the southwest corner of said Sexton tract, said iron rod
being on the north line of the said OPUBCO Properties, Inc. tract same also being on the centerline of
said County Road No. 78;
THENCE South 89 degrees 59 minutes 36 seconds West, along the south line of said 27.4356-acre
tract the north line of said OPUBCO Properties, Inc. tract and along the centerline of said County Road
No. 78, a distance of 594.38 feet to the POINT OF BEGINNING and CONTAINING 27.436 acres of
land more or less.
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EXHIBIT "B"
Statement of Intent and Purpose
Steeplechase Lake of Prosper
Steeplechase Lake of Prosper is to be built out as a high-end single family
residential community with unique amenities such as: a lake with a fountain, a dock at the
lake, parking and a gazebo by the lake, walking trails around the lake, and gated entrance
to the subdivision. The special amenities are owned by the Steeplechase Lake of Prosper
Homeowner's Association.
EXHIBIT "C"
Planned Development Standards
Steeplechase Lake of Prosper
Standards for SF-2 PD area(lots 1 and 51 through 58):
Minimum lot area: 12,400 square feet
Minimum dwelling area: 2,400 square feet air conditioned area
Minimum lot widths: 85 feet or as shown on Exhibit D
Minimum front yards: 30 feet
Minimum side yards: 10 feet
Minimum rear yards: 15 feet
Maximum height: Two and one-half stories, maximum
38 feet(slab to highest ridge)
Maximum percentage of lot
which may be covered by 40 percent
the main residential building.
Gated entry shall be permitted.
Standards for SF-1 PD area(all area exclusive of lots 1 and 51 through 58):
Minimum lot area: 1/3 acre (14,520 square feet)
Minimum dwelling area: 2,400 square feet air conditioned area
Minimum lot widths: 74 feet, except 24' for lots fronting cul-de-sacs
or eyebrows, or as shown on E.�.hibit D
Minimum front yards: 30 feet
Minimum side yards: 10 feet, except lots 41 through 49 may be 8 feet
Minimum rear yards: 15 feet
Maximum height: Two and one-half stories, maximum
38 feet (slab to highest ridge)
Maximum percentage of lot
which may be covered by 40 percent
the main residential building.
Gated entry shall be permitted.
Note: Standards not specified herein shall default to the standards of the underlying
district.
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WILLIAM BUTLCR SURVEY,ABSTRACT No.112
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CITY OF PR05PER,GOLLIN GGMINTY,TEXAS
GR-78 DEVVLOPNENi&P.
Zoning Ca°6Z0-16 a,covrncr�•coR csA L]c
ZONING EXHIBo4 .1
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