10-100 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-100
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NOS. 06-78 AND 09-060 (PLANNED DEVELOPMENT-31);
REZONING A TRACT OF LAND CONSISTING OF 17.96 ACRES, MORE OR
LESS, SITUATED IN THE S. RICE SURVEY, ABSTRACT NO. 787, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, IS HEREBY REZONED TO
AMEND PLANNED DEVELOPMENT-31 (PD-31), EXHIBIT C, SECTION
1.03(E); 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 and Ordinance Nos. 06-78 and 09-060
should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Saddle Creek
Investments, LTD. ("Applicant") to rezone 17.96 acres of land, more or less, situated in the S. Rice
Survey,Abstract No. 787, 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. litre pg� lncor r� The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Atrucndment:s to Zoning Ordinance No. 05-20 and Ordinance Nos. 06-78 and 09-
tlat7 P�ary�eC lgvc� rLtunt�ml Zoning Ordinance No. 05-20 and Ordinance Nos. 06-78 and 09-060 are
amended as follows: The zoning designation of the below-described property containing 17.96 acres of
land, more or less, situated in the S. Rice Survey, Abstract No. 787, 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-31 (PD-31). 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 "C";
which are 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 Ordinance Nos. 06-78 and 09-060, and 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/ elagal,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„Usemmmof 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: Penally. 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.
SE_C IO 6i gvera i y 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 Cavia, i/Repg l W,('lllas�. 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 9TH DAY OF NOVEMBER, 2010.
APPROVED AS TO FORM:
Ray Sn itl..Mayor........ ......................................
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DATE OF P UBLICA TION. „�U Z � Pl�
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a tract of land located in the S. RICE SURVEY, ABSTRACT NO. 787, Town
of Prosper, Collin County, Texas and being part of a tract of land described in Saddle
Creek Phase One, recorded in Cabinet 2008, Slide 52, Map Records, Collin County,
Texas and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "RPLS
4613" found in the West line of State Highway No. 289 (Preston Road), a variable
width right-of-way, at the Northeast corner of said Saddle Creek tract and the most
Easterly Southeast corner of a tract of land described as Tract 2 in Deed to Shaddock
Developers, Ltd., recorded in Volume 5826, Page 13, Deed Records, Collin County,
Texas;
THENCE North 89 degrees 33 minutes 52 seconds West, with the common line of said
Saddle Creek tract and said Tract 2, a distance of 118.83 feet to a 1/2 inch iron rod with
a yellow plastic cap stamped "DAA" set for the POINT OF BEGINNING of the
herein described tract of land;
THENCE South 00 degrees 26 minutes 08 seconds West, leaving said common line, a
distance of 165.00 feet to a point for a corner;
THENCE North 89 degrees 33 minutes 52 seconds West, a distance of 5.00 feet to a
point for a corner;
THENCE South 00 degrees 26 minutes 08 seconds West, a distance of 330.00 feet to a
point for a corner;
THENCE South 89 degrees 33 minutes 52 seconds East, a distance of 30.98 feet to a
point for a corner;
THENCE South 00 degrees 26 minutes 08 seconds West, a distance of 165.00 feet to a
1/2 inch iron rod with a yellow plastic cap stamped "DAA"set for corner;
THENCE North 89 degrees 33 minutes 52 seconds West a distance of 570.53 feet to a
1/2 inch iron rod with a yellow plastic cap stamped 'DAA"set for corner;
THENCE South 00 degrees 26 minutes 08 seconds West, a distance of 904.82 feet to a
point for a corner;
THENCE North 89 degrees 33 minutes 52 seconds West, a distance of 130.08 feet to a
point for a corner;
THENCE North 34 degrees 33 minutes 42 seconds West, a distance of 112.09 feet to a
1/2 inch iron rod with a yellow plastic cap stamped "DAA"set for corner;
RAData\2006\06037\01\Survey Docs\06037DESC-17.96AC.doc 1 oft
THENCE North 89 degrees 33 minutes 52 seconds West, a distance of 135.63 feet to a
point for a corner;
THENCE North 00 degrees 26 minutes 08 seconds East, a distance of 793.00 feet to a
point for a corner;
THENCE South 89 degrees 33 minutes 52 seconds East, a distance of 154.54 feet to a
point for a corner at the beginning of a non-tangent curve to the left having a central
angle of 8 degrees 15 minutes 03 seconds, a radius of 300.00 feet and a chord bearing
and distance of North 18 degrees 51 minutes 49 seconds West, 43.16 feet;
Northwesterly,with said curve to the left, an arc distance of 43.20 feet to a point for a
corner at the beginning of a curve to the right having a central angle of 23 degrees 25
minutes 28 seconds, a radius of 300.00 feet and a chord bearing and distance of North
11 degrees 16 minutes 36 seconds West, 121.80 feet;
Northwesterly,with said curve to the right, an arc distance of 122.65 feet to a point for
a corner;
THENCE North 00 degrees 26 minutes 08 seconds East, a distance of 520.00 feet to a
point for a corner in the common line of the above mentioned Saddle Creek Tract and
said Tract 2;
THENCE South 89 degrees 33 minutes 52 seconds East, with said common line, a
distance of 759.00 feet to the POINT OF BEGINNING and containing 17.96 acres of
land, more or less.
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Exhibit C
Saddle Creek Phase One; Block E Lots 12—20; Block F Lots 1—20; Block G Lots 1-18; Block H Lots 1-9 of
Planned Development—31 Amendment
Manned Development„District Standards
Except as otherwise set forth in these development standards,the property,as described in Exhibit A,
shall develop under Ordinance No 06-78 and No.09-060, as adopted by the Town of Prosper Town
Council on June 13,2006; May 26, 2009.
1.03
E. Front Yard:The minimum depth of the front yard shall be 30' and staggered per the zoning
ordinance 05-20, Chapter 4,Section 9.3 (F)
The minimum front yard in single-family and two-family Zoning Districts may be reduced by
ten (10) feet in the following circumstances. In no case shall the reduction cause the
minimum front yard to be less than fifteen (15) feet.
1. For an inside or outside swing-in garage provided the wall of the garage that faces the
street contains a glass pane window with a minimum size of three (3) feet by five (5) feet
and the height of the garage does not exceed one (1) story; or
2. For a non-enclosed porch, stoop, or balcony, or an architectural feature, such as bay
window without floor area or chimney; or
3. For a non-enclosed porch and the main structure provided:
a. the height of the main structure does not exceed one (1) story;
b. the porch has a minimum dimension of five (5) feet in depth measured from stud to
the front edge of the porch floor, and a minimum dimension of five (5) feet in width;
and
c. the minimum front yard for a front entry garage is thirty-five(35)feet.
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