15-34 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-34
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 1.991 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 RETAIL (R) IS HEREBY REZONED AND
PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -
DOWNTOWN RETAIL (PD -DTR); 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 No. 04-99 should
be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from
Prosper Montessori Academy ("Applicant") to rezone 1.991 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
Findinqs Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to Zoninq Ordinance No. 05-20 and Ordinance No. 04-99, Zoning
Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described
property containing 1.991 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 -Downtown Retail (PD -DTR). The property as a whole and the boundaries for
each zoning classification are more particularly described in Exhibits "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"; 3) the conceptual development plans, attached hereto as Exhibit " D"; 4) the
development schedule, attached hereto as Exhibit "E"; 5) the conceptual elevations, attached
hereto as Exhibit "F"; and 6) the conceptual landscape plans, attached hereto as Exhibit "G",
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 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.
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
Ordinance No. 15-34, Page 2
Severabilitv. 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
Savincis/repeating 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, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 26TH DAY OF MAY, 2015.
ATTEST:
F
.
Secretary
APPROVED AS TO FORM AND LEGALITY:
R�- a�IJJJ,
Terrence S. Welch, Town Attorney
Ray Smith, ayor
Ordinance No. 15-34, Page 3
EXHIBIT B
PROSPER MONTESSORI ACADEMY
STATEMENT OF INTENT AND PURPOSE
Prosper Montessori Academy is intended to be a high quality, family oriented Montessori school to
serve the surrounding community. To provide high quality children's education thru Montessori
schooling system is one of our prime goals.
Ordinance No. 15-34, Page 6
-Exhibit C -
Planned Development Standards
Conformance with the Town's Zoninq Ordinance and Subdivision Ordinance:
Except as otherwise set forth in these Development Standards, the regulations of the Town's
Zoning Ordinance (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision
Ordinance (as it exists or may be amended) shall apply.
A.1 Except as noted below, the Tract shall develop in accordance with the Downtown Retail
District, as it exists or may be amended.
A.2 Uses. Uses shall be permitted in accordance with the Downtown Retail District with the
exception that only the following uses shall be permitted by right:
1. Child Day Care Center
A.3 General Standards
1. The design and development of the site shall conform to the attached Concept Plan
(Exhibit D), Concept Elevations (Exhibit F), and Concept Landscape Plans (Exhibit
G).
Ordinance No. 15-34, Page 6
to w m9i ,N,,g
'U
#A
J. 1-
'IP�v�APIMw3 ' LYI8 L19iLCNl a
an,, Xl'8
3.lmd 40 "0
ON Sn03owm""vmcJ'N
AW30VOVIBOSS3INOW
83dSOdd
I
VIII
A
3
s �
v
0
0
NV-ld 311S r o
z
� w
z � �
a �3o w
==wo= �-
� �zr- asp
$ z �FyF4
�1 �Zp4p WW g Lu
0 F id �Zzs
z z F
i yaw
ID
Rllw,4 eIS - u—i Pto = wn P -8 i:1
1< (dSlOILE-Od=Buiuoz a E
$ pW.WGPun e8n Dual 8 a
+",� 3NYl3NLi Mfr¢ 4 I q N
�' �'
=wY I
E
_ x�aorLw l y
d 11
6�
I I
I
C �
�T
SO a mle-
0
4'9RfAdi - - IF7tMNd
g'e€e
L.J
tr
€
W
rc
=4 W
6 5 0 ?Z'x Ed,
Z
�v��
U9
'C U p 2
N Tn r
� 6 m z � SJ � ®"� of •u '
w-5.
z
� w
z � �
a �3o w
==wo= �-
� �zr- asp
$ z �FyF4
�1 �Zp4p WW g Lu
0 F id �Zzs
z z F
i yaw
ID
Rllw,4 eIS - u—i Pto = wn P -8 i:1
1< (dSlOILE-Od=Buiuoz a E
$ pW.WGPun e8n Dual 8 a
+",� 3NYl3NLi Mfr¢ 4 I q N
�' �'
=wY I
E
_ x�aorLw l y
d 11
6�
I I
I
C �
�T
SO a mle-
0
4'9RfAdi - - IF7tMNd
g'e€e
L.J
tr
yy
'°&DSL VwNWL'N
am8fgmoonuswm3O'J t'
A0MIAIY18Y3NL06N
OT
NVldMis a
�N a AW3i OYIHOSS31MONq '�. "gvmn1331umv
M° 5 U3ddSOHd „� 4
R
LL
�� �1Nyxit�ygr(�FFpp6
nen � U, lz*'i K
s
LLg
gel
i$
x s gg'g� E o
a
�maz -W3�
ca
mc
8�
W
sa Ein
_HOZ
�6�Fo
LL
�� �1Nyxit�ygr(�FFpp6
nen � U, lz*'i K
s
LLg
gel
i$
EXHIBIT E
PROSPER MONTESSORI ACADEMY
DEVELOPMENT SCHEDULE
It is anticipated that the construction of the Prosper Montessori Academy will begin in summer 2015.
The whole project will be built in two phases. Phase one will be about 15,000 SF building and phase
two will be 5,000 SF building. Construction of second phase will start after the first phase of the
building is fully occupied.
Ordinance No. 15-34, Page 9
m
kn -0
E
CO)
0
ul
ip
bio
poll
i"
2 R Z
H
H
Own
ffilolul
5
cc
LU
CL
co
0
cc
CL
—1.411-1 YPI
L
'l, 'il a
j,
co
M
X + 11
Ig
ci
I
ul
>
33
0 a
C4 U
12
4z ILOA
F4
4Z CL
I
33
...... . ....
z
IWO
LU
a
I
C�!
O
I
I
rE
0
Ran'.
W-
E4
cc
LU
it
0
CDCL
0
io
CL
liq
rE
0
Ran'.
W-
0
(A
I
LU
it
0
CDCL
0
CL
YIN
CL
i
I
I
I
ai I
LU
0
0 m
w
EE
awl
LU
9L
it
22
w
E
CL
Oc
z�A
ac
i
lu
A
ai I
LU
0
0 m
z
Up!
LU
9L
i
A
on
CL
NV"1d
OLOU XL
a3=9V39 12 NVW3103 N 0-
(IVOVSO3dVOSONV'l
AMJU
UdOSSILNOW
VU
i5l
jig Ln
CL
Z 6A
n
Mw Mini I ii I 'I
Rg ill Hdi fill ;;H111i I ,
T <� WHIX Ed
oda
H
H g In
WRIN ISIN 1 5 a IRIN
H
0H lol, ; MW6 1� I Ii I
UR Nil smigE,151.
M.M 01 1 L122X�'��
111MIMIM12 m. Him 11 w R
z is pa&WH HER,
jj
E>
Is
.511,
j
S
r
OWE
IN
0.
..........
..............
g Flo
--j
L"I'Llh
...... ------