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04-113 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 04-113 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A TRACT OF LAND CONSISTING OF 5.58 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-1 (SF-1) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT- RETAIL & OFFICE (PD-R&O); 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 Winikates ("Applicant") to rezone 5.58 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. 84-16. Zoning Ordinance No. 84-16 is amended as follows: The zoning designation of the below-described property containing 5.58 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 Planned Development-Retail & Office (PD-R&O). 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 the planned development standards, attached hereto as Exhibit "B"; 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: 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 ($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. 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 21st DAY OF DECEMBER, 2004. APPROVED AS TO FORM: arles i anger, Mayor ATTESTED TO AND COR CTLY RECORDED BY: Shanae Jenning own Secretary DATE OF PUBLICATION: 1 O f ' 24104, Dallas Morning News—Collin County Addition ZONING EXHIBIT FOR 2.66-ACRE TRACT - RETAIL BEING a tract of land situated in the Collin County School Land Survey, Town of Prosper, Collin County, Texas, Abstract No. 147 and being part of a 12.234 acre tract described in Deed from Charles J. Winikates to TEXMO Corporation recorded in Volume 685, Page 99 of the Collin County Deed Records and part of a 2.749 acre tract described in a Deed from Prosper State Bank to TEXMO Corporation recorded in Volume 1300, Page 111 of the Collin County Land Records, and being the same property described as 16.168 acre tract in Volume 663, Page 551, Deed Records Collin County, Texas and all of a 3.9 acre tract described in Volume 684, Page 178, Deed Records Collin County, Texas and being more fully described as follows: COMMENCING at a point in the centerline of Broadway Street (FM 1193) (a 100' ROW), and the centerline of State Highway No. 289 (a variable width ROW); THENCE S 88° 48' 00" W, 534.22 feet along the centerline of said Broadway Street (FM) to a point for corner at the TRUE PLACE OF BEGINNING: THENCE N 000 00' 00" E, 295.14 feet to a point for corner in the South boundary line of said Lot 12, Stone Creek Addition, as recorded in Volume J, Page 774, Map Records, Collin County, Texas; THENCE N 890 09" 23" E, 275.15 feet along the South boundary line of said Stone Creek Addition, as to a point for corner in the South boundary line of Lot 11 of said Stone Creek Addition; THENCE N 150 40' 16" W, 113.31 feet along the East boundary line of said Lot 11 to a point for corner in the West boundary line of Lot 1, Block C, of said Stone Creek Addition; THENCE N 890 09' 23" E, along said Lot 1, Block C, 112.57 feet to a point for corner; THENCE S 000 20' 00" E, 402.42 feet to a point for corner in the centerline of said Broadway Street; THENCE S 880 48' 00" W, 359.50 feet along the centerline of said Broadway Street to the PLACE OF BEGINNING and containing 2.66 acres of land. DISCLAIMER THIS IS FOR ZONING EXHIBIT ONLY. IT DOES NOT IN ANYWAY CONSTITUTE A SURVEY. +r OF December 13, 2004 ��Q� J. L. LANE J.L. LANE REGISTERED PROFESSIONAL LAND RVEYOR NO. 2509 49- c:\\office\wpwin\wp (nl) 'EFE TO PD-STANDARDS FOB 'ETAIL_ AND OFFICE TRACTS ZONING CASE #Z04- 18 SEPT. 2004 ZONING EXHIBIT FOR 2.92-ACRE TRACT - OFFICE BEING a tract of land situated in the Collin County School Land Survey, Town of Prosper, Collin County, Texas, Abstract No. 147 and being part of a 12.234 acre tract described in Deed from Charles J. Winikates to TEXMO Corporation recorded in Volume 685, Page 99 of the Collin County Deed Records and part of a 2.749 acre tract described in a Deed from Prosper State Bank to TEXMO Corporation recorded in Volume 1300, Page 111 of the Collin County Land Records, and being the same property described as 16.168 acre tract in Volume 663, Page 551, Deed Records Collin County, Texas and all of a 3.9 acre tract described in Volume 684, Page 178, Deed Records Collin County, Texas and being more fully described as follows: COMMENCING at a point in the centerline of Broadway Street (FM 1193) (a 100' ROW), and the centerline of State Highway No. 289 (a variable width ROW); THENCE S 880 48' 00" W, 960.58 feet along the centerline of said Broadway Street (FM) to a point for corner at the TRUE PLACE OF BEGINNING: THENCE N 000 51' 00" W, 297.76 feet to a point for corner in the South boundary line of Mahard Egg Farm, as recorded in Volume 3356, Page 348, Deed Records, Collin County, Texas; THENCE N 890 09" 23" E, along said South line of Mahard Egg Farm, 430.73 feet to a point for corner; THENCE S 000 00' 00" W, 295.14 feet to a point for corner in the centerline of said Broadway Street; THENCE S 880 48' 00" W, 426.36 feet along the centerline of said Broadway Street to the PLACE OF BEGINNING and containing 2.92 acres of land. DISCLAIMER THIS IS FOR ZONING EXHIBIT ONLY. IT DOES NOT IN ANYWAY CONSTITUTE A SURVEY. � December 13, 2004 :&.to,G;�' t,"„>;,. r k LJ� • J. L. LANE J.L. LANE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 2509 f. 19 2509 ��'•- c: office w win w doc wo-4108k.w d nl " i�. S�t SuNen Property Non a_�55,1.2289 ow Bma}rw at ::. : "'1:`7:'L--Sw:,... '%.. 9/27/04 . V._",8`l":.?"1-11s: -4,"ice,°�'1'�:...art� 0/6/04 CIlyN9tomm.nt r:�.1,"- :4r:r.^ w"""'.,11.n 10/13/04 Re-sub. '-' ~ _ 11/9/04 Town Court' -/, L L ,r' '.._.Av.. `F:S4^1-wM..w I tZ/2/14/0 Re.ue nE L\ rrd bm 'mo o...-w,wt.".....�.o. \ STONE CREEK ADDITION �a,s.a ; . .,,y-z „_,e-w-,,,_, , 1 VOL. J PG. 774 I 1 M.R.C.C.T. M;..se:s,,:.arsac......o..w....-, \ �--�� ... a.-.,.w... � 1 1 LOT 9 r....'�:-I:Aw`.a.ti.,...«-.--..w-• w-..G;.gr.", I DEWAYNE&MOLLIE LOT 1 MCCULLOUCH BLOCK C .4w.. RESIDENCE SF-2 JOBE PROPERTIES.LTD. 4.9775 AC _-- --__--_------ __71 COMMERCIAL FIFTH ST. LOT„ • -- 1 LOT 14 _` JL.."E.Y&KRISTI 11 ZONING CASE#Z04-18 SEPT.2004 PWL k�� __ HWPTSTUECK JORGE&SYLVIA GOMEZ I UPTON RESIDENCE __ • - RESIDENCE r w b. SF-2 \ .4��.r 1 0.307 ACRES I sF-2/ BLOCK A �. —_--__ RESIDENCE-SF-1 MAHARD EGG FARM I s / __ __ VOL 3356 PG 348 +i LOT 13 I LOT 1z 2.00 AC. I RANDALL&AIDAI GILBERT A STACI `\ w,y-y Cp11-AWpy KAREN LOG PARRSN I 5F-1 I/' SAMUEL RESIDENCE it WALLACER NCE • l' w / ®® I 0.307 ACRES SF-2 -� 5F-2 y,"ow-w �yµeti I ARCHTTECTS I wow Ui.-N IMESE °PT-, ,�' 2,E.,' ` s RESIDENCE-SF-1 - - _s, ', I �'. 1..1 / / mOrmemase , , J' xK-1.l a N + / Fm•.�NeC IONR I,al Iq III TR AF 2 _- 15999 AG., ill MEREDITH KAWAGUCHI� 1 WINolo n;ss 1 8 1 CH.AF. h Gf.M1Ni.IIW'INIKATES S CCFNo. 96-0025732 1 I p PROPOSED rr,1N GA E I9/14/04 PROPOSED 8. 1.414 AC. / (� EXIST.ZONING 11 K C ZGr I-GF-1 VACANT - OUTSIDE 0); I I Effi,o: SF-1 -;i. OFFICE RETAIL Orr LIMITS -^cb, a r ' E' HEINZ R Mu ROEL 2.92 ac.(GROSS) = 2.66 ac.(GROSS) , -V, s ` W O.as ACREILI S 1.00 ac.(GRO5S)i 2.43 ac.(NET) • . 2.17 ac.(NET) . 3B v v1(Fy RESIDENCE-SF-I i . I j (d Q A V7 I • jti- 'w'- `A REFER TO PD-STANDARDS FOR RETAIL AND OFFICE TRACT 6T4 iYL-ram ..-----..-.-SJf101.4-14,-_ _-_ .F -� - 9e Y_._ �'f"VV."w'' I « A CY1___ I o I------ __—m Ec,..,_ T:i 1� _ �n ) Ocn as �7 8 d BROA©V1tAY F.M. 1193) --MOO NoRNER ----- � _ jt. C7 a b 0 , ,,.i --��---- v.v-ate'c o..0 ��-- 4z' / / F ,. �....AI � II� LOT 1 � / /L.`.-1 L.Fn I RESIDES CHESNE3' \M_ • / 1 /' \--/ A r�1 N RESIDENCE-SF-1 1 \ aao�r ,l.m ' / / `i O W O 1 1 I ml`.` / ; NORM Al h fn - --f' / A -'-___ l�l LOT 22 ` �� ;�_� /� / ^LOCATION MAP 1 °.14 U RALPH aorER 6 1 J I TRACT 1 �� E / i / LNOT TO SCALE aa.0 RESIDENCE-SF-, `I,I / —V U i (EXIST.ZONING-SF-1 16.1 ACRES / \.. I 2.47 BC.(GROSS) 2 ; {-VT--- I / , ZONING CASE#Z04-18 SEPT.2004 °A'""'4 OHEeKE0 C OD L iI I. I ZONED: , /o O„FNS OWNER: APPLICANT: ,0 4029.0 I- RESIDENCEES DELL i I I q . RETAIL / i c'saa. CHARLES AND BONNIE JEFF CARROLL FB I -SF-1 S 16.27 ac.(GROSS) 7 ' 2 WINIKATES CALLAWAY CARROLL RILE _ Bi 12.31 ac.(Nf'f) , �' ;` '� 5948 MELSHIRE DRNE ARCHITECTS U 01 I I;o' / / / 6, �` - DAI 1 AS,TX 75230 17770 PRESTON ROAD =C2 ---rc l ! ; i , ,80.00' I t, / R' & 972-335-1122 DALLAS,TX 75252 (ZONING) Z m° .I I D, � � 972-732-6085 EXHIBIT A I O_ U LOT 4 , ,;A - . , 4 / SURVEYOR: LANES SOUTHWEST SHEET �+ r� 1 TRACT 2 ZONING EXHIBIT A 41\ SURVEYING, INC. 2717 MOTLEY DRIVEZ-JP-Z SURE El 1'=6(T-0• II, NOTE: NO I00-YEAR F1000PWN ON SITE MESQUITE,TX 75150 NORM 972-681-4442 EXHIBIT"B" PLANNED DEVELOPMENT STANDARDS Parcel A—Retail Tract This tract may be developed under the regulations of the Retail (R) District as outlined in the Town of Prosper Zoning Ordinance 84-16 as it exists or may be amended, subject to the following amendments: A. Structures in the Retail tract shall be single-story, with a maximum building height of thirty(30)feet. B. The minimum side and rear yard setbacks for structures in the Retail tract adjacent to a residential zoning district shall be forty(40)feet. C. The maximum permitted building size in the Retail tract shall be fourteen thousand (14,000)square feet. D. A landscape buffer a minimum width of fifteen (15) feet shall be provided along the side and rear property lines adjacent to a residential zoning district. Large evergreen trees shall be planted within this landscape buffer every twenty (20) feet on center. These trees shall be a minimum three (3) inch caliper and a minimum eight(8)feet in height at the time of planting. E. The developer of the Retail tract shall provide a six (6) foot masonry screening wall along the side and rear property lines adjacent to a residential zoning district. The screening wall shall be brick and/or stone to match the building. F. The uses permitted in the Retail tract shall be those permitted in the Retail District as contained in Zoning Ordinance 84-16 as it exists or may be amended. G. Structures on the Retail tract shall have a minimum of ninety (90) percent unit masonry on the facade. Masonry shall include brick, natural stone or manufactured stone. The structures shall maintain an equal architectural finish on the side and rear as on the front. H. All buildings within the Retail tract shall have pitched roofs and shall be architecturally designed to be residential in character. I. No wall signs shall be permitted to face any residentially zoned property located directly adjacent to the Retail tract. Parcel B—Office Tract This tract may be developed under the regulations of the Office (0) District as outlined in the Town of Prosper Zoning Ordinance 84-16 as it exists or may be amended, subject to the following amendments: A. Structures in the Office tract shall have a maximum of 2 stories and a maximum building height of thirty-six (36)feet. B. The minimum side and rear yard setbacks for structures in the Office tract adjacent to a residential zoning district shall be twenty(20)feet. C. The maximum permitted Office building footprint shall be nine thousand (9,000) square feet, and the maximum permitted Office building floor area shall be eighteen thousand (18,000)square feet. D. A landscape buffer a minimum width of fifteen (15) feet shall be provided along the side and rear property lines adjacent to a residential zoning district. Large evergreen trees shall be planted within this landscape buffer every twenty (20) feet on center. These trees shall be a minimum three (3) inch caliper and a minimum eight(8)feet in height at the time of planting. E. The developer of the Office tract shall provide a six(6) foot masonry screening wall along the side and rear property lines adjacent to a residential zoning district. The screening wall shall be brick and/or stone to match the building. F. The uses permitted in the Office tract shall be those permitted in the Office District as contained in Zoning Ordinance 84-16 as it exists or may be amended. G. Structures on the Office tract shall have a minimum of ninety (90) percent unit masonry on the façade. Masonry shall include brick, natural stone or manufactured stone. The structures shall maintain an equal architectural finish on the side and rear as on the front. H. All buildings within the Office tract shall have pitched roofs and shall be architecturally designed to be residential in character. I. No wall signs shall be permitted to face any residentially zoned property located directly adjacent to the Office tract. General Provisions—Both Tracts A. The landscaping and screening walls along the entire common border between the planned development (both the Retail and Office tracts) and the Stone Creek subdivision shall be installed with the first phase of construction. B. All retaining walls visible from a public street shall be constructed of stone and mortar, the stone of a color that is consistent with the materials used on the buildings. 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, TEXASORDINANCE N0.04113 AN ORDINANCE December 25,2004 ZONING AMENDING ORDINANS CE December 27, 2004 ZONING ORDINANCE NO. 84-16; REZONING A TRACT OF LAND CON- SISTING OF 5.58 ACRES, MORE OR LESS SITU- ATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OCOUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-1 (SF- 1) IS HEREBY RE- ZONED AND PLACED IN THE ZONING CLAS- S I F I C A T I O N OF PLANNED DEVELOP- FICET(PD-RBO); DE- (Lynda Black) SCRIBING THE TRACT TO BE REZONED; PRO- VIDING FOR A PENAL- TY FOR THE VIOLA- TION OF THIS ORDI- NANCE• PROVIDING FOR REPEALING, SAV- ING AND SEVERABILI- TY CLAUSES; PROVID- ING FOR AN EFFEC- ORDIENANCE AND THIS Sworn LICDATION OF THE CAP- 'fore me this December 27, 2004, A.D TION HEREOF. l71iA////rr (Lisa attenfi ) EG@e�•1.D