08-051 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 08-051
AN ORDINANCE AMENDING ORDINANCE NO. 05-51; REZONING A TRACT
OF LAND CONSISTING OF 80.57 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 DEVELOPMENT DISTRICT (PD-24) — SINGLE FAMILY -
10/12.5 (PD-SF-10/12.5) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENTDISTRICT (PD-24) —
SINGLE FAMILY -10/12.5 (PD-SF-10/12.5); 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. 05-51 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Axxium Land
Development, L.L.C. ("Applicant") to rezone 80.57 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. 05-51. Ordinance No. 05-51 Exhibit "C" Section
"F"Landscaping section is amended as follows:
Exhibit C of the Planned Development Standards:
F. Lots backing or siding to Prosper Trail and/or Coleman Street shall include a wrought iron fence and
masonry wall combination within ten (10) foot landscape lots along the property line adjacent to the
thoroughfare. A solid living screen of evergreen shrubs shall be planted along the wrought iron sections
and decorative plants shall be installed within inset planter boxes of the masonry wall sections. Canopy
trees thirty (30) foot centers shall be provided between the lots and the adjacent thoroughfare. The trees
shall be located along the property line adjacent to the thoroughfare. A sidewalk shall be constructed
within the landscape buffer so that the trees are located between the sidewalk and the adjacent
thoroughfare. This landscape area shall incorporate mechanical irrigation and shall be owned and
maintained by the Ariana Estates Home Owners Association.
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. 05-51, 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. 05-51 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 10`h DAY OF JUNE,2008.
APPROVED AS TO FORM:
Charles Niswa ger,Mayor
ATTESTED TO AND
CORRE TL RECO'440110K,> 4027
atthew Denton,TRMC
Town Secretary
DATE OF PUBLICATION: --TLA-A-t � a0013 , Dallas Morning News — Collin County
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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—Metro North Edition on:
June 19, 2008
06,/3/7";
(Lynda Black)
Sworn to and subscribed before me this June 19, 2008
OF 1
t PROSPER,OTEXAS
ORDINANCE NO.08-051
A•N 0-12 D I NANCE
AMENDING REZONING
ORDINANCE
TRACT OF LAND CON-
SISTING OF 80.57 ACRES,
MORE OR LESS, SITU-
ATED IN THE COLLIN ota P
( COUNTY SCHOOL LAND
SURVEY,4 , HE TOWN OF
PROSPER, COLLIN
} COUNTY,TEXAS,HERE-
TOFORE ZONED'
PLANNED DEVELOP•
MENT DISTRICT (PD-24)
SINGLE FAMILY-10/12.5
(PD-SF-10/12.5)•IS HERE,
BY REZONED AND
PLACED IN THE ZON-
ING CLASSIFICATION OF
PLANNED DEVELOP-
' MENTDISTRICT.(P,D-24)
{ SINGLE FAMILY •10/12.5 �atipRrp�a
(PD-SF-10/12.5); DE• DgRO1YN D SCRIBING THE TRACT E10ZIER
TO BE REZONED; PRO-. ° ; ▪ Notary Public,Sta
VIDING FORA PENAL-
TY FOR THE VIOLATION 'N'+r••• j�;`▪� MY Commission E
OF THIS ORDINANCE; '�'''','aoss June 7(plfeS
PROVIDING FOR RE- ' 15,2011
PEALING, SAVING AND
SEVERABILITY CLAUS-
ES;PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE; AND
' PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.___