2022-29 - O - Rezone 0.2 Acres from SF-15 to PD-Downtown 207 E. Third Street 06.28.22TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-29
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 0.2 ACRE, SITUATED IN BLOCK 12, BRYANT'S
ADDITION, TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM SINGLE
FAMILY-15 DISTRICT TO PLANNED DEVELOPMENT; 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 the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request (Case Z22-
0009) from Jeanna Montgomery ("Applicant"), to rezone 0.2 acre of land, more or less, situated
in Block 12, Bryant's addition, Town of Prosper, Collin County, Texas, from Single Family-15
District to Planned Development and being more particularly described in Exhibit A, attached
hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated 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, Public Hearings have been held, and all other requirements of notice and
completion of such 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
Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance, as
amended, is hereby amended as follows: The zoning designation of the below described property
containing 0.2 acre of land, more or less, situated in Block 12, Bryant's Addition, Town of Prosper,
Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto
are hereby zoned as Planned Development and being 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 Development Standards, attached hereto as Exhibit C; (3)
the Site Plan, attached hereto as Exhibit D; (4) the Development Schedule, attached hereto as
Exhibit E; (5) the Fagade Plans, attached hereto as Exhibit F; all of which are incorporated herein
for all purposes as if set forth verbatim.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
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.
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, 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
Severabilit . 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.
Ordinance No. 2022-29, Page 2
SECTION 7
Savings/Repealing Clause, Prosper's Zoning Ordinance, as amended, 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, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28th DAY OF JUNE, 2022.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
&jt-j�
Terrence S. Welch, Town Attorney
Ordinance No. 2022-29, Page 3
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Exhibit B Statement of Intent of Purpose
The purpose of the request is to rezone a single family lot from Single family 15 to Planned
Development — Downtown Single Family to facilitate setbacks to accommodate a new build
structure of approximately 1900sq ft. The current setbacks would not allow an updated and
useful new structure to be built. The current lot is 20ft short on the required 120 ft depth. The
developer will incorporate craftsman style architecture into the exterior design and follow
guidelines for the downtown residential revitalization program. Due to lot constraints the
developer is requesting to decrease the lot depth from 120ft to 100ft.
Exhibit C
PLANNED DEVELOPMENT STANDARDS
207 E. Third St Prosper TX 75078
The proposed development will conform to the development standards of the DTSF ( Downtown
Single Family) District of the Town of Prosper's Zoning Ordinance, as it exists or may be
amended, and Subdivision Ordinance, as it exists or may be amended, except as otherwise set
forth in these Development Standards.
1. Except as noted below, the Tract shall develop in accordance with the DTSF District
requirements of the Town of Prosper's Zoning Ordinance, as it exists or may be amended.
2. Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the attached
concept plan, set forth in Exhibit D
b. Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibit F
3. Uses. Uses shall be permitted in accordance with the DTSF.
4. Exceptions
The lot will conform to the DTSF standards with the exception of -
a. Minimum lot depth of 100ft.
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FENCE
72' PROPERTY LINE
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--- 207 East 3r� Street ---
NORTH Exhibit
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site plan
SCALE: I"= 10'-0"
Exhibit E — Development Schedule
April 2022 — Submit for Planned Development — Downtown Single Family Zoning
May 2022 — Planning & Zoning Commission Approval
June 2022 - Town Council Approval and Ordinance Adoption
July 2022 — Submit Building permits
August- December 2022 - Complete construction
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