06-117 - O TOWN OF PROSPER, TEXAS ORDINANCE NO.06-117
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 71.914 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 SINGLE FAMILY-15 (SF-15) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
COMMERCIAL CORRIDOR (CC) AND PLANNED DEVELOPMENT-
MULTIFAMILY (PD-MF); 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 Prosper Joint
Venture ("Applicant") to rezone 71.914 acres of land, more or less, situated in the Collin County 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 Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below-described property containing 71.914 acres of
land, more or less, situated in the Collin County School Land Survey, Abstract No. 147, 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 Commercial Corridor (CC), 43.97 acres and Planned Development
Multifamily (PD-MF) 27.94 acres. 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 27.94 acres in the Planned Development-
Multifamily District shall conform to, and comply with 1) the planned development standards, attached
hereto as Exhibit "B". Except as amended by this Ordinance, the development of the 27.94 acres within
the Planned Development-Multifamily 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 Ordinance 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, 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 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 14th DAY OF NOVEMBER, 2006.
APPROVED AS TO FORM:
arles Niswanger, May
ATTESTED TO AND
CORRE -ilei '. RD
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Matthew Denton,Town Secretary
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POB - CC TRACT ZONING EXHIBIT "A"
DC CARMEN .GOCR) and PROSPER TOLLROAD JOINT VENTURE LTD.
Q.CAOA'VIN
Vol.4745 Pg.1799
called 127.829 aces AND PROSPER TOLLROAD LTD.
10/24/2006
-TR-2-LEG CC TRACT AND MF TRACT
N-TR-2-LEGALS
Boundary Description Exhibit "A"
Prosper Tollroad N. Ltd. and Prosper Tollroad Ltd.
"CC"Tract
43.97 Acres
A tract or parcel of land situated in the Collin County School Land Survey, Abstract No.
147, in Collin County, Texas, being a combination of three tracts (A) the called 19.27
acres tract described in the deed to Prosper Tollroad Joint Venture, Ltd. In file number
96-0090247 in the CCDR and (B) the called 33.3868 acre tract described in the deed to
Prosper-Tollroad Joint Venture, Ltd. recorded in file number 96-0090247 in the Collin
County Deed Records, and (C) the called 19.257 acres tract described in the deed to
Prosper Tollroad, Ltd. recorded in file number 97-0088560 in the CCDR, and being
more particularly described as follows:
BEGINNING at a found 1/2 inch iron rod in the intersection of the centerline of County
Road 4 and the centerline of County Road 49 at the southwest corner of said (B) tract;
THENCE North 00°30'55" East, 1094.10 feet along the centerline of County Road 49 to
a found 1/2 inch iron rod, said point also being the southwest corner of a called 3.4 acre
tract described in the deed to Tommy A. Bailey as recorded in Volume 1433, Page 176 in
the CCDR;
THENCE South 89°30'08" East, 331.16 feet departing the centerline of County Road 49
and along south property line of said Bailey tract to a found iron rod, said point being
the southeast corner of said bailey tract;
THENCE North 00°19'13" East, 518.84 feet along the east property line of said Bailey
tract to a found 1/2 inch iron rod, said point also being the northeast corner of said Bailey
tract;
THENCE South 89°13'40" East, 972.91 feet to a point for corner, said point also being
on the east line of said (A) tract and the west property line of a called 81.3 acre tract
described in deed to Prosper West Partnership as recorded in CCDR No. 01-0098089;
THENCE South 00°46'20" West, 272.95 feet to a found 1/2 inch iron rod, said point also
being the southeast corner of the said (A) tract and the northeast corner of said (C) tract;
THENCE South 00°46'21" West, 1325.71 feet to a found 1/2 iron rod in the centerline of
County Road 4, said point also being the southeast corner of said (C) dract;
THENCE North 89°56'52" West, 630.74 feet along the centerline of County Road 4 to a
found 1 inch iron rod, said point also being the southwest corner of said (C) tract and
the southeast corner of said (B) tract;
THENCE North 89°54'38" West, 664.42 feet continuing along the centerline of County
Road 4 to the POINT OF BEGINNING and CONTAINING 43.97 acres of land, more or
less.
Boundary Description Exhibit "A"
Prosper Tollroad JV. Ltd.
"MF" Tract
27.94 Acres
A tract or parcel of land situated in the Collin County School Land Survey, Abstract No.
147, in Collin County, Texas, being a combination of two tracts (A) the called 19.27 acres
tract described in the deed to Prosper Tollroad Joint Venture, Ltd. In file number 96-
0090247 in the CCDR and (B) the called 33.3868 acre tract described in the deed to
Prosper-Tollroad Joint Venture, Ltd. recorded in file number 96-0090247 in the Collin
County Deed Records and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod in the intersection of the centerline of
County Road 4 and the centerline of County Road 49 at the southwest corner of said (B)
tract;
THENCE North 00°30'55" East, 1094.10 feet along the centerline of County Road 49 to
a found 1/2 inch iron rod, said point also being the southwest corner of a called 3.4 acre
tract described in the deed to Tommy A. Bailey as recorded in Volume 1433, Page 176 in
the CCDR;
THENCE South 89°30'08" East, 331.16 feet departing the centerline of County Road 49
and along south property line of said Bailey tract to a found 1/2 inch iron rod, said point
being the southeast corner of said bailey tract;
THENCE North 00°19'13" East, 518.84 feet along the east property line of said Bailey
tract to the POINT OF BEGINNING, said point also being the northeast corner of said
Bailey tract;
THENCE North 89°41'11" West, 198.29 feet to a found 1/2 iron rod in centerline of
County Road 49, said point also being on the northwest corner of said Bailey tract;
THENCE North 00°22'38" East, 1024.51 feet along the centerline of County Road 49 to
a found 1/2 inch iron rod, said point also being the northwest corner of the said (B) tract
and said point also being on the south line of a called 79.5 acre tract described in the
deed to Prosper 80, Ltd. as recorded in CCDR No. 2002-0021571;
THENCE North 89°26'00" East, 540.10 feet to a found 1/2 iron rod, said point also being
the northeast corner of said (B) tract and the northwest corner of said (A) tract;
THENCE North 89°34'28" East, 638.51 feet to a found 1/2 iron rod, said point also being
the northeast corner of said (A) tract and the northwest corner of a called 81.3 acre tract
described in deed to Prosper West Partnership as recorded in CCDR No. 01-0098089;
THENCE South 00°46'20" West, 1048.63 feet along west line of said 81.3 acre tract and
the east line of said (A) tract to a point for corner;
THENCE North 89°13'40" West, 972.91 feet to the POINT OF BEGINNING and
(:ONTAINING 27.94 acres of land, more or less.
Exhibit B
Planned Development- Multifamily
Location: East side of the Dallas North Tollroad, approximately 1,325 feet north of
Prosper Trail (CR 4)
Purpose: The intended purpose for the Planned Development District is to provide
additional screening and separation between the future Multifamily
dwelling and the single family dwelling proposed on the adjacent
property to the east.
Acreage: 27.94 acres
This property shall be developed under the regulations of the Multifamily District as
outlined in the Town of Prosper Comprehensive Zoning Ordinance 05-20 as is exists or
may be amended, subjects to the following amendments:
1. One hundred percent (100%) of the right-of-way dedication for the
thoroughfare paralleling the Dallas North Tollroad as shown on the Master
Thoroughfare Plan shall be dedicated from the multifamily tract.
A. Should the right-of-way be sixty feet (60'), a fifty foot (50') set
back on the road frontage will be required between the parking and
the street right-of-way.
B. Should the right-of-way be one hundred feet (100') a standard set
back will be required.
2. A six (6') to eight foot (8') berm shall be provided along the eastern road
frontage to provide for parking lot screening.
3. A double row of trees shall be incorporated on the berm for screening
purposes. One row shall be of evergreen trees like in nature to Lyland
Cypress and the second row shall be of large deciduous trees like in nature
to Oaks. Planting size for evergreen trees shall be seven feet (7') in
height upon planning and deciduous trees shall be a minimum of 5" in
diameter upon planting.
4. A third row of trees to be approved in species and type by the Town of
Prosper shall be planted on the east side of the dedicated right-of-way near
the rear lot line of the single family homes. The spacing should be
approximately 35 feet on center for the length of the frontage of the multi
family tract(1,320 feet).
5. An eight foot (8') wide hike and bike trail shall be constructed along the
frontage of the parallel thoroughfare for the length of frontage for the
property.
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
Legal Notices ) ( Legal Notices )
l
TOWN OF PROSPER, TOWN OF PROSPER,
TEXAS ORDINANCE TEXAS ORDINANCE November 20, 2006
NO.06-117 NO.0617 November 21, 2006
ANORDINANCE ANORDINANCE
AMENDING PROSPER'S AMENDING PROSPER'S
ZONING ORDINANCE ZONING ORDINANCE
NO. 05-20; REZONING A NO. 05-20; REZONING A
TRACT OF LAND CON- TRACT OF LAND CON-
SISTING OF 71.914 SISTING OF 71.914
ACRES, MORE OR ACRES, MORE OR
LESSSS,, SITUATED IN LESSSS,, SITUATED IN THE COLLIN COUNTY THE COLLIN COUNTY
SCHOOL LAND SUO. SCHOOL LAND SUO.VEY, ABSTRACT NO. VEY, ABSTRACT N0.
147, IN THE TOWN OF THE TOWN ON
PROSPER, COLLIN •PROSPER COLLIN °77)LL:11.(1
HERETOFORE
TEXAS, HERETOFORE ZONED
HERETOFORL ZONED SINGLE FAMILY-15 (SF- (Lynda Black)
15SINGLE FAMILY-15 (SF-E 15) IS HEREBY RE-
ZO E HEREBY RE- ZONED AND PLACED
IN THE E AND PLACED IN THE ZONING CLAS-
SIFICATION ZONING CLAS-COM SIFICATION OF COM-
MERCIAL CORRIDOR MERCIAL CORRIDOR
N (CC) AND PLANNED
DEVELOPMENT-END P E N D DEVELOPMENT-
MULTIFAMILY MULTIFAMILY
(PD-MF); DESCRIBING
THE TRACT
DESCRIBING THE TRACT TO BE RE-
ZONED;ZO TD PROVIDINGTO BE RE- ZONED; PROVIDING
APENALTYF FOR A PENALTY FOR
FOR A FOR
THE VIOLATION OF THE
RA °NCE
SHS ORDINANCE; ne this November 21 2006, A.D
THIS ORDINANCE; PROVIDING FOR RE-
PEALING, SAVING NR ANDE- PEALING, SAVING AND
SEV U - SEVERABILITY CLAUS-
ES; PROVIDING GLF ES; PROVIDING FOR
FOR TO AN EFFECTIVE DATE
AN EFFECTIVEDATE OF THIS ORDINANCE,*
OF THIS ORDINANCE• OF
PROVIDING FOR
AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF THE CAPTION HEREOF
. CHASTEEN
'4W' Oury Public,State of Texas
f1y. ry My Commission Expires
Nd,Z;S June 10,2009 . Chasteen)