16-66 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-66
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 0.307 ACRE, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED DOWNTOWN RETAIL (DTR) IS HEREBY
AMENDED 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 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from
Wisdom Index, LLC ("Applicant") to rezone 0.307 acre 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. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the property containing 0.307 acre 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 for this zoning classification is 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 planned development standards, attached hereto as Exhibit C; 3) the
concept plan, attached hereto as Exhibit D; 4) the development schedule, attached hereto as
Exhibit E; and 5) the conceptual elevations, attached hereto as Exhibits F, 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.
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 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
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
Ordinance No.16-66,Page 2
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
Savin sll e ealing 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 25TH DAY OF OCTOBER, 2016.
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dw Ray Smi , Mayor
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ATTEST:
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Robyn Battl Yowri—siic,r r r
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Mich, Town Attorney
Ordinance No.16-66,Page 3
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EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
New construction is intended to be a high quality, commercial office building compatible
with current downtown retail zoning and surrounding uses. The office will serve as a
wealth management office to serve and enhance the quality of life for Prosper residents
and other persons in the Dallas- Fort Worth Metroplex.
Ordinance No. 16-66, Page 5
Z16-0021
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
Conformance with the Town's Zoning 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.
1. Except as noted below, the Tract shall develop in accordance with the Downtown
Retail (DTR) District, 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. Regulations
A. Size of Yard:
1. Minimum Front Yard: None.
a. The projections permitted beyond the property line, as outlined in the DTR
District, as it exists or may be amended, shall apply.
2. Minimum Side Yard: None.
3. Minimum Rear Yard: None.
B. Size of Lots:
1. Minimum Size of Lot Area: Fifteen hundred (1,500) square feet.
2. Minimum Lot Width: Twenty five (25) feet.
3. Minimum Lot Depth: Twenty five (25) feet.
C. Landscape Setback:
1. Minimum Front: None.
2. Minimum Side: None.
3. Minimum Rear: None.
Ordinance No. 16-66, Page 6
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EXHIBIT E
DEVELOPMENT SCHEDULE
It is anticipated that construction of the Wisdom Index building will begin February 2017.
Ordinance No. 16-66, Page 8
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