04-047 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-47
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;
REZONING A TRACT OF LAND CONSISTING OF 157.98 ACRES, MORE OR
LESS, SITUATED IN THE J. YARNALL SURVEY, ABSTRACT NO. 1038, 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-RETAIL (PD-R); 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
Charles Angel, Jr. ("Applicant") to rezone 157.98 acres of land, more or less, situated in the J.
Yarnall Survey, Abstract No. 1038, 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
C:\Shanae\ORDINANCES& RESOLUTIONS\ORDINANCES\2004 Ordinances\04-47, (Z04-2) -Angel Tract.doc 1
157.98 acres, more or less, situated in the J. Yarnall Survey, Abstract No. 1038 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-Retail (PD-R). 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"; and 4) the development schedule,
attached hereto as Exhibit "E"; 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.
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-47,(Z04-2)-Angel Tract.doc 2
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: Savings/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
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-47,(Z04-2)-Angel Tract.doc 3
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 28th DAY OF April, 2004.
APPROVED AS TO M:
Charles nger, Mayor__ —
ATTESTED TO AND
CORRECTLY RECORDED BY:
anae Jennin Town Secr ry
DATE OF PUBLICATION: 71-A26 Morning News-Collin County Addition
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-47, (Z04-2)-Angel Tract.doc 4
EXHIBIT "A"
Being a tract of land out of the J. Yarnall Survey, Abstract No. 1038 and the Collin
County School Land, Abstract No. 147 in the Collin County, Texas and being a part of
the 8.10 acre tract of land described as the First Tract in deed to Charles Allen Angel,
Jr., recorded in Volume 672, Page 395 of the Deed Records of Collin County, Texas, a
part of the 157.7 acre tract of land described as the Second Tract in deed to Charles
Allen Angel, Jr., recorded in Volume 672, Page 395 of the Deed Records of Collin
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a point for the intersection of the north right-of-way line of U.S. Highway
No. 380 (a variable width public right-of-way) with the east right-of-way line of Burlington
Northern Railroad (100' right-of-way);
THENCE along the said east right-of-way line of Burlington Northern Railroad, North
11°21'55" East, a distance of 2584.92 feet to a point for the southwest corner of the
125.926 acre tract of land described as Tract Six in deed to 183 Land Corporation, Inc.,
recorded in Collin County Clerk File's No. 97-0005168 of the Land Records of Collin
County, Texas;
THENCE with the south line of the said 125.926 acre tract, North 89°28'32" East, a
distance of 2455.02 feet to a point in the center of Business Highway No. 289 in the
west line of the 123.850 acre tract of land described as Tract Seven in deed to 183
Land Corporation, Inc., recorded in Collin County Clerk File's No. 97-0005168 of the
Land Records of Collin County, Texas for the southeast corner of the 125.926 acre
tract;
THENCE with the west line of the said 123.850 acre tract, South 00°10'00" East, a
distance of 1833.93 feet to a point in the northwesterly line of the 1.840 acre tract of
land described,in deed to the State of Texas for Preston Road, also known as State
Highway No. 289 (a variable width public right-of-way), recorded in Volume 628, Page
322 of the Deed Records of Collin County, Texas;
THENCE with the northwesterly right-of-way line of said Preston Road, as follows:
--South 87°51'54"West, a distance of 29.76 to a point for corner;
--South 10°07'00"West, a distance of 262.18 feet to a point for corner;
--South 42°08'00"West, a distance of 435.82 feet to a point for corner;
--South 12°27'00"West, a distance of 142.84 feet to a point for most northerly
corner of the corner clip at the intersection of the westerly right-of-way line of
Preston Road with the northerly right-of-way line of U.S. Highway No. 380;
G:1SURVEY\NO-PROJ\63924000'M&B\I57-98ac.doc
THENCE with the said corner clip, South 50°37'00"West, a distance of 62.97 feet to a
point in the northerly right-of-way line of U.S. Highway No. 380 for most westerly corner
of the corner clip at the intersection of the westerly right-of-way line of Preston Road
with the northerly right-of-way line of U.S. Highway No. 380;
THENCE with the said northerly right-of-way line as follows;
--South 88°37'00"West, a distance of 807.14 feet to a point for corner;
--South 84°20'01"West, a distance of 92.97 feet to a point for most easterly corner
17,621 square foot tract of land described in deed to the State of Texas for U.S.
Highway No. 380 (a variable width public right-of-way), recorded in Collin County Clerk
File's No. 96-0038330 of the Land Records of Collin County, Texas;
THENCE with the northerly right-of-way line of said U.S. Highway No. 380, as follows;
-South 89°34'00"West, a distance of 430.54 feet to a point for corner;
—North 88°31'27"West, a distance of 300.17 feet to a point for corner;
—North 84°43'22"West, a distance of 703.49 feet to a point for corner;
—South 89°34'00"West, a distance of 191.50 feet to the POINT OF BEGINNING and
containing 157.98 acres of land, more or less. This document was prepared under 22
TAC.§663.21, does not reflect the results of an on the ground survey, and isnot to be
used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
ellO
X " .4itil
JOHN'MAIN
(, ' ,Fes gyp ;,
9,' 2.0
G:\S UR V EY\NO-PRO!\63924000\M&B\157-98ac-doc
•
, \ ) � \l1E1\\, \\ ' � cY- (�) ( ,!'.
't ) Cf? � \\t / \\ \ �N ( 1 _
+ I
\ i t?I eC ,`-? `•i .( i f )1T \'" '‘'.. .--- ----"'--
LL `s I al Mae.
i ,: � P'� I ""` �� / � ,/�{`tip !!! 5
r1 !\ !ah\ 1 .)paCRAPHICSC=LE tlI ::'
\ t• L \ 1 1 1 IIf ! J � � r�rr.r.wprw..r
l nem.o w.r..,wa.....I.rw Wonsan rnrx art amowray.n r•
3` 1 4:+.�..��j \ \ ` ��_�/ r..w._rrrr.._...,_ak•la
I •
ISU ;� ,1U EUR1 Cwpv AIM W.\\ \ \ 1 ` \ \ ` � 1 \ • //.i / .wmnfi CrycW.r.,l•n ,Y.I w.WR.urrCwnf .1. fir.c.r.�....
i r�) 3 C.C.': AApAAA p0031N ,y`� '},` l '`/
..w. .,\ ' it (J ` u.c r. C E, d \1 / / / r,.'"N".r wwa.rr.r,aw_.pn.wr.�.n•.,r...�..a rvsswu.........
� ) jraRo:rouai sm.a\ \ \ ! 1 .=7w............,..rrram...r«•.........r�.r........«,u
L () tun uss:.qn.r',GIP'''. z• () \ \r \\ u1 /
c.rd..o........nr.rr.......r< .w.r._r
' ,� 1 l I / , , N. \\\� \ ���•"�EIi,,,..� 1\1 I IN v,. /�,� rTM•�_... W,:_..a.r_wer��._wr.......•....._
} ' ' I I y, m 8928 I !\ 24n \\�,\ ` —�=7 / ' 1 \`\\ \ � r .rM-tiw,pl..w..wr+rw+-.r,..ww.r.r aa.s.a.r..aw..rrc....r.�.y.
l ( 1 ll \ `/ o f raelqf
�' M.c...,.......wry 4.+w..r..u...•.............
1 1 ,� I , _... ' / rat` ..
� �_ II � \1 r J��I'� � �...a w.....wa.w... ac._..
' oo won Yuman.
e I I .f i i ,, ` , I �,� �,`� 1\� 1i\ '���z�ti� � �.rva. w::aurae a Sam We.pani pan��..�1,. r pl I - .....,w._.w...R.nom�..,..0,
051-3I5Ro7,x a \ f \ 1 .�i( \ \ ` \ �'11*�\ �\`\1`1 .fi( ...ww.-.r.rrs.wvsrm w.r.rrwwn..�•.►.�.«.r++,•rwr�11 .wwr�;�,wousr. , , �\ i �. I ` E� 1 �,`t1�\\� ��r r. ...,w..,r.r._..1+ro usc:.racu n,a.. S ••r..w...r_r..c
l \il
\ \ (/'..-.--
/ ,.\, / I ti \\ \ / /`�w�......r.,Wr....rr._.
rr�.,n�.r�_.
1 q 1 I - \ �y fIN74_,Fin u.i�r w.n.........rm rr....+r�.
t,
f.
/ i %)i,, . \ \ \ \ v -.3.11,1“0,1au p uu......ol 1.11.11*•••/OW 01,4‘...1,...A r c.o..,iS,lie..n.•.1....o,........
47
teat...,,.•...W..rr.r fe•wawa am,wawa
1 -,EXISTIII�G ZONING,.SINGLE`FAYLLr- 1 ' r`��� ) //(7 ��\\�\�' a-:r.
I_ l PROPpSED ZONfAl4J.PO-RETAIL 1 1 I II / I �" \' \`\\\\ III II, . `/.:�:....� 1
�� I-�f \ • ;r--,- ; Antairg. I
1'57�.98 GROSS' 1 1 I / �� { ll$140_ `� �'.%..
1 ( \ 1SI.74 NET AcgES % I / / 1 R
6 IffEa
J i ( ouoMOM
•
l «
;; 1 \ E 1 ( �` ` ( 1 �rn��►`
if
- I Y•150'' ryR. J.1a-W )01i9' ` NII:T177'M r" 58170'01-W I I /I/ Iize I1/ I ^(./� 1 1
+_ ; !r L�3.,,,7�_ .. 1.9T Uv I ( `J�\ ✓ / ter.
e r_ Al' -'— }� _q='w------9iio- — �'— -".�r+• s7 \ .--��-- - --. ..s +.,•>1rS r
•
EXHIBIT'A'FOR ZONING CASE I 20-2
` c.,..wwn.wcF` �_�-- _/� ` ' ANGEL TRACT
BEING 157.98 ACRES OUT OF THE
� \• ~` / / J.YARNALL SURVEY,ABSTRACT NO.1038
— �;Ste" � cc�' I I 1 I f%(�� I, \ �• \�„a�\'� \ \ l - COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO.147
r., \ ( ./ \ \ \ E TOWN OF PROSPER.COLLIN COUNTY,TEXAS
Rrr nCMEiiS•,r I f 1 .✓ —' S ,�r`� ♦ Ns uw c04 ACRES
awmn raw.we I I / \ a' PRcsraR.ao 1{y'r.rx,s`.Q 1I.,k 0].l I/. I ' ...y \ t IGCF Y)-®11J61 ( �V• I F \. PMINCRS lyfiS� \ `1
La cc, �l•
- IV•aYf\•
,� 4 \ \\ '� IR.LC,., I IJI. �.;i/ `� WL.lM11G�PG ( ![\\ \4
�If:r , _ \! 1 I \ t, — ) ) ) I I I,�I'i f. / \ \\ Gown."..: ��� KMeAssor.les,Inca
W l.r
SaCE1 I of I
EXHIBIT B
ANGEL PROPERTY
STATEMENT OF INTENT AND PURPOSE'
The purpose and intent of this Planned Development (PD) District is to provide a high
quality regional retail center at the southern gateway into the Town of Prosper Texas. As
shown on the Future Land Use Plan, this property will be part of a designated Town
Center with a mix of urban-scale uses and densities. In the absence of an existing mixed-
use zoning district, this PD is expected to establish a base-level of non-residential zoning
in order to allow the property to be effectively marketed to the limited number of national
retail developers, beginning with the Spring 2004 conference of the International Council
of Shopping Centers (ICSC). Through the cooperative efforts of Town Center property
owners and the Town of Prosper in developing mixed-use development standards, it is
anticipated that this PD will be refined, enhanced, or replaced with a thorough set of
special district implementing documents which prescribe allowable land uses, their
magnitudes, and development standards to assure a quality development.
EXHIBIT C
ANGEL PROPERTY
PLANNED DEVELOPMENT STANDARDS-
The property within this Planned Development (PD) District represents the key tract
within a proposed Town Center mixed-use development area as envisioned by the Future
Land Use Plan. The base zoning of this tract shall be Retail as defined in Zoning
Ordinance 84-16, as it exists or may be amended. Development standards to govern the
implementation of this Town Center vision are not yet fully developed. It is anticipated
that such standards will be developed through the cooperative efforts of the affected
Town Center property owners and the Town of Prosper. No development shall take place
on this property until this Planned Development (PD) District is amended by ordinance or
replaced by ordinance through•the standard zoning process outlined in Zoning Ordinance
84-16, as it exists or may be amended, in order to adopt a Concept Plan and specify such
comprehensive Development Standards.
EXHIBIT D
ANGEL PROPERTY
CONCEPT PLAN
This page/Section/Exhibit is intentionally left blank. It is reserved for the future
adoption of a Concept Plan as outlined in Exhibit "C".
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,
ORDINANCEA NO.04-47 ;
AN ORDI NANCE May6, 2004
AMENDING PROSPER'S
ZNO.ONING ORDINANCE May 7, 2004
TRACTIOFRLANDI
CON-
SISTING OF 157.98
ACRES, MORE OR '
THJ, ALLE . YARN SUR-
VEY, ABSTRACT NO.
1038, IN THE TOWN OF
COUNTY TEXAS HERE
GOLE-FAMIILNY RESI-
DENCE ISEHEREIBYIRE-
ZONED AND PLACED
IN THE ZONING CLAS
SIFICATION OF /
PLANNED DEVELOP-
MENT-RETAIL PD-R);
TRACT A THE
///�/�y,,,,.FO A NA TIDIOR `�,1
FOR VIOLAATIONFOF
THIS ORDINANCE;P (Lynda Black)
NANSVIG RE-
PEALING, N
SEVERABBILITY CLAUS-
ES;AN EFFpECTIIVEGDATTE
AP ORDINANCE;DING
EUPINHIEROFTH CAPTION
Sworn to and subscribed before me this May 13, 2004, A.D
.
‘ �cl ENF/
_ : z
(Lisa Battenfiel