16-38 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 16-38
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE AND ORDINANCE NO. 02-16 BY REZONING
A TRACT OF LAND CONSISTING OF 44.613 ACRES, MORE OR LESS,
SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT
NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM
PLANNED DEVELOPMENT -7 (PD -7) TO PLANNED DEVELOPMENT -7 (PD -7);
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 Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from Harris
Real Estate ("Applicant"), to rezone 44.613 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, THAT:
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 the Town's Zonino Ordinance and Ordinance No. 02-16, The Town's
Zoning Ordinance, adopted by Ordinance No. 05-20, and Ordinance No. 02-16 are amended as
follows: The zoning designation of the below -described property containing 44.613 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 -7 (PD -7). The
property as a whole and the boundaries for each zoning classification are more particularly
described in Exhibit D and 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 area plan, attached hereto as Exhibit D, 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.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200') of the District 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
"eng!1y, Any person, firm, corporation or business entity violating this Ordinance 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.
Ordinance No. 16-38, Page 2
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 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 24TH DAY OF MAY, 2016.
APPROVED AS TO FORM AND LEGALITY:
!�C- k-JI.-tk�
Terrence S. Welch, Town Attorney
Ray Smith, Mayor
Ordinance No. 16-38, Page 3
Item 9
Prosper Town tenter
Planned Development -7
Limited Amendment
Exhibit "B"
Statement of Intent and Purpose
The purpose of this limited amendment to Planned Development -7 (PD -7) is to clarify
and define the allowance of structures to obtain a maximum height of three (3) stories,
not to exceed 50 feet for a specific area within the PD and to allow platted lots to front
on access easements as approved by the Town in lieu fronting on a public street in the
Prosper Town Center in order to accommodate anticipated development.
Ordinance No. 16-38, Page 4
Item 9
Prosper 'Town Center
PI'anned Devetwment-7 Limited Amendment
Exhibit "C"
Planned Development Standards
Exhibit A, "Planned Development Standards" contained within Ordinance No. 02-16,
Planned Development -7, is amended to add the following:
1. The maximum building heights as depicted in attached Exhibit D shall be as
follows:
a. Area "A" — Maximum building height: three (3) stories, not to exceed 50
feet
2. In Areas "A" and "B," lots that do not have the required frontage on a public
street, shall front on a "Firelane, Access, Drainage, and Utility Easement" as
approved by the Town.
Ordinance No. 16-38, Page 5
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