08-044 - O •
TOWN OF PROSPER,TEXAS ORDINANCE NO.08-044
AN ORDINANCE AMENDING ORDINANCE NO. 06-114; REZONING A
TRACT OF LAND CONSISTING OF 127.829 ACRES, MORE OR LESS,
SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT
NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS,
HERETOFORE ZONED PLANNED DEVELOPMENTDISTRICT (PD-33) FOR
CHURCH-RELATED USES IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENTDISTRICT (PD-
33) FOR CHURCH-RELATED USES; 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 Ordinance No. 06-114 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Jim Williams
Jr. ("Applicant") to rezone 127.829 acres of land, more or less, situated in the School Land Survey,
Abstract No. 147, 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 Ordinance No. 06-114. Ordinance No. 06-114 Exhibit "C"
Landscaping section is amended as follows:
Landscaping:
Landscaping shall be provided in accordance with the Town of Prosper Zoning Ordinance No. 5-
20,Chapter 4, Section 2,Landscaping. The intention of differing from the Town of Prosper
Landscape Requirements is to provide a clean, modern, campus-like appearance in harmony with
the aesthetic of the building and to enhance the serenity of the outdoor environment.
With the following exceptions:
1. Perimeter requirements
a. The use of small and large trees, in addition to a limited number of
shrubs in lieu of the shrub counts required in the Town Landscape
Ordinance shall be allowed as approved by Town Staff. Other
landscaped area requirements such as widths etc. shall meet the
zoning Ordinance.
2. Interior Parking Requirements
a. Landscaped areas may not be required to be protected by a raised six(6) inch
concrete curb.
b. Landscaped areas shall meet the minimum planting requirements
and are allowed to be grouped to the perimeter of the parking areas
in a tree lined walkway fashion as approved by Town Staff.
The development plans, standards, and uses for the Property in this Planned Development
District shall conform to, and comply with 1) The landscape plan for Phase I, attached hereto as Exhibit
"A" and 2) the ratio of plantings being proposed to substitute the shrub requirements for Phase 1 being
expanded to the entire property.
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 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: Penalty.Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper's Zoning Ordinance No. 05-20 and Ordinance No. 06-114, 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: 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: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 and Ordinance
No. 06-114 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 13`h DAY OF May, 2008.
APPROVED AS TO FORM:
Charles Niswanger,M or
ATTESTED TO AND
CORRECTLY RECORD D : •
41.10/1011
atthew Denton,TRMC
Town Secretary
DATE OF PUBLICATION: ®�'<�d/ 0,u a o Dallas Morning News — Collin County
Addition
,4‘Illlllf, /
OF PRO /.ee
• O O
s O
s o
G
✓ c o
1411
o
® °o mo
Go
.vw,e.eaimcr. _`_ ,�— — MIN 3OAN MO
• _ ........w10.a„.,.. ,.,▪. ...e V., .roof..., PROSPER TRAIL --s.. .. ,>,..n...
16000,0
.e .,-r.. m. 4,......r % / 6 y *�� ..1 .ws..42 4 pia _
• ...,_..,..._
_) '14 A:1 tilst.....,...-"2.7/.7-0.-•-Wt410 ,'.•• .Y. 1,14 .414_11.111C ......... ....:0
*1I
tc •� PJ
d
......C.0 4IN 0 "cot
. .---,-,=-7,:---..r.-.-----7...------- ( li... . 2',' A Mrit: -1, ,. .
)(I
�q � '.. ....,..._... .. I! L
r m:".._.N :` . 0• wra............n...._.o-,. rw- ."' � .o _ . _ rii
•
i.
•
s-,... — ...+>.._ =`:.,:::�::. 1{r, EDUCATION O1C 6'1�pl \1 ��p a'..< 1 I
,."«..".,.`;':: .�.e F L� ADMIT 1 .�®. ...
co AT„,..........�.M1...... m 32'Hl'. w .w.csm.s .�,
00;:,4074,-, ,bo, ..:*". ,. A zjir i I Iii. i*ii
6.. ri_Fe.4.111111.4 .IT."19.11111411,41r ' 14 ' '2;7 6,1 --,
.......e.boar00.040.00r10.00600,050. 47i,- Alir '
WORSHIP 1<.\j 161.ell 1p'
MULTI-PURPOSE t-1 a — . Y
Wi M• • .—, . ..._o-ew m FELLOWSHIP TAllt'; ip: p �I '0 �� O ®c�Rnn cnw
• "".w..,......,e,wo."e:.�e..............,. _�..w.w.�„`.. �tt�lr" :Cif
IV 0
41�HT.• **
........ mor P
. ...._......a..........„.,... . _,m. m. ` pl nil p Qll _
IC r III
• 6.000000
A z24' '6 °r
44,1.17,110 ., ..,.......,
10 i
...rear7,%,._,,.....,,,: 47 A Arp i; Lri,I _ 0 i g
.1 6.1----r- ertN'V ria Ir-:.;.'" Gil r41 rel 7'11 ii11.1, '
*wars*wal....4.-•estfietwageonmaa•,•••ftu•lb*L.....•••• /.6 41•••,101•111101,,n1.3”.1,0•1.. __::::,
.0000000
MilklillEi;. gall VI 0
........,. -...^.....«.n:.'.e,',�.�,'.......,, / 1 vT .•VA -.0i0 ell �� m o 0 o O+/ p
«.,..v.,..u.oa iris•-�_w': w..•........o..r..... ; �I, U.
I
............�— O, III PD SUBMITTAL
• .. P�'i 1 Proposed
o• ........,�.......,... ea]
III I� Lendscpe
Plan
w 0 0 L1.00
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—Metro North Edition on:
�4AN
May 22, 2008
f.
ORDINANCE NO1.00;0441
) AN0RDLN,AINIC'E
I ,AMENDING ORDINANCE;
NO!.06=11'4; REZONING A11
TRACTOF LAND:CONN
S'•IIS-.T.IINIG•OF 1127..812T
ACRES,MORE OR'LESS" ,fir
SITUATED,IN THE COL--
L N.COUNTY `11,„A I- �/
� STUNT NOI.I'47;I,,TEE
TOWN. OF PR'd�SP'ER!„ /
COLLLNI'CDUNTY„Ti)=X- 01(ti -
AS, HER'ETGFGR'E
ZONED PLANNED DBE- / (Lynda Black)
VELOPM'ENITD�ISTR'IICT
(PD-33Y FOR CHURCH--
HEREBY RELATED USES
PLACED'• IN, THE'Um_
, ,LNG CLASSIFICATION,OF
P'LAN'N'ED DEVEILO'P-
M'ENTDISTRICT 1PD-331)
FOR
DESCRIBING
- TRACT TO,BE'RE-1
' FOR A PENALTIYFOR
Swot, THIS RIDINRNEIE„NPRO.ied before me this May 22, 2008 -
VtO lllG_FaR REPEAL-'
iNG SAVING AND SEV-
ERABILITY CLAUSESi 1
-PROVIDING FOR AN EF'-.
RDIANETAPRONCND O I
V1'DI'NG FOR THE PUB-
LICATION OF THE CAP-
TION HEREOF. ,
• i
(Not Public
toZER
9pgolNt — a of Texas
FLOG,Stat Expires
r ':
NOMY�omR'ission 15, �,
• ,',,,