11-030 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-030
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 5.1519 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 AGRICTULTURAL (A) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
COMMERCIAL (C); 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 Triple B
Holdings, L.P. ("Applicant") to rezone 5.1519 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: 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 5.1519 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 Commercial (C). The Property as a whole and for this zoning classification is more
Ordinance No. 11-030: Amending Zoning Ordinance 05-20
particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set
forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town 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 Inspector 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: 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.
Ordinance No.l 1-030: Amending Zoning Ordinance 05-20 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 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 22nd DAY OF MARCH, 2011.
APPROVED AS TO FO
Ray Smith, M yor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Karen Gill, Interim Town Secretary
DATE OFPUBLICATION- W ''- , Dallas Morning /\'eirs
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Ordinance No.11-030: Amending g Zonin Ordinance 05-20
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a tract of land situated in the Collin County School Land Survey, Abstract No.
147, Town of Prosper, Collin County, Texas and being all of Lot 1, Block A of the
Warren / Avant -Garde Addition, an addition to the Town of Prosper, as recorded in
Instrument No. 20060921010004060 of the Official Public Records of Collin County,
Texas and all of a tract of land described in a deed to Triple B Investments, L.P. as
recorded in Instrument No. 20070507000616900 of the Official Public Records of Collin
County, Texas, and being more particularly described as follows:
COMMENCING at a PK nail set for corner in the center of West First Street, 90' right-of-
way, said point being the northwest corner of a tract of land described in a deed to
James Bryant as recorded in Volume 591, Page 64 and in Volume 594, Page 192 of the
Deed Records of Collin County, Texas;
THENCE S 00 deg. 45 min. 03 sec., W, along the west line of said Bryant tract of land,
a distance of 45.00 feet to a 1/2 -inch iron rod set at the northeast corner of said Lot 1,
Block A, in the south right-of-way line of said West First Street and at the POINT OF
BEGINNING;
THENCE S 00 deg. 45 min. 03 sec., W, along the east line of said Lot 1, Block A, the
west line of said Bryant tract of land, and the west line of a tract of land described in a
deed to Donald E. Goodwin as recorded in Volume 3507, Page 484 of the Deed
Records of Collin County Texas, a distance of 656.41 feet to a 1/2 -inch iron rod set at
the southeast corner of said Lot 1, Block A and at the northeast corner of Lot 2, Block A
of said Warren / Avant -Garde Addition;
THENCE N 89 deg. 32 min. 59 sec. W, along the south line of said Lot 1, Block A and
the north line of said Lot 2, Block A, a distance of 339.23 feet to a 1/2 -inch iron rod set
at the southwest corner of said Lot 1, Block A and at the northwest corner of said Lot 2,
Block A;
THENCE N 00 deg. 09 min. 35 sec. E, along the west line of said Lot 1, Block A, a
distance of 653.65 feet to a 1/2 -inch iron rod set at the northwest corner of said Lot 1,
Block A and in the south right-of-way line of said West First Street;
THENCE N 89 deg. 59 min. 40 sec. E, along the north line of said Lot 1, Block A and
the south right-of-way line of said West First Street, a distance of 346.00 feet to the
POINT OF BEGINNING and containing 224,415 sq. ft. or 5.1519 acres of land.
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LEGEND
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C.C,F. N.
COUNTY CLERK'S FILE NO.
1/2" I.R.S.
IRON ROD SET
BEGINNING I ! I
WITH YELLOW CAP STAMPED
TRFP B HOLDINGS, I_P,
"VOTER R,P.L.S. 4813"
1/2" I.R.F.
IRON ROD FOUND
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LOCATION MAP
N.T.S.
WEST FIRST STREET
(90' RIGHT-OF-WAY)
FUTURE 4 -LANE DIVIDED THOROUGHFARE
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ASPHALTSURFACE— _-
P K, NAIL
1Z2"_IRON PIPE
1/2^
DEDICATED PUBLIC RIGHT-OF-WAY
(PER PLAT)
4 INST. #20060921010004060
POINT OF S 89'50'54" E 6,658.97'
COMMENCING TO NE CORNER OF
ji ABSTRACT 147
__—__— I. + -��__
--- N 89'59'40" E 346.43' V CRAIG (ROAD
- S 00'45'03" W�� PA NAIL SET
_ ___ 45.01 IIV _dtIXURD_D_ FOUND_
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} - N 89'5940- E 348.00' PN n. R.s. JAMES BRYANT REFERENCE SWINGI VOL 591 PG 64 & VOL 594 PG 192
BEARING SOURCE:
THE NORTH LINE OF SUBJECT TRACT (N 89°59'40" E) ACCORDING
TO THE DEED.
NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND
BOUNDS IS A VIOLATION OF TOWN ORDINANCE AND STATE LAW
AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND
BUILDING PERMITS,
LEGAL DESCRIPTION
BEING a frac) of and sinned In "In ('Off" County S<',bW Land Survey, Abstract Na. 147, Town of Prosmi, Collin
County. Tins and being all of Lot 1, Block A of If,, Warren I Avarlt•G8140 Addlion. an addiben To tha Town of
Prosper, ns racdrdud In Inalrumanf No 20060921010004060 of 010 OfflCial PublIC Ro=dp *I CWIu1 Ccwrlty, Tuxas
and alt Of a Tract of then dosenbed in a dnml fo Triple B lrl eslmenli, LP. as rncnrddd In lnsiruamM No,
200705070DOS 16900 or Ih, Official Public ROCtxds tN Collin County, Tex". and being Indra PUMCutarfy d=ribad as
fullowa
COMMENCING at a PK nail sol for minor In the center of Well Fall Street, 90' right-of-way, said pont being the
110fthWesl QON10r of a IWI of land doscobed in a dead to Jamas Bryant as recorded in Volume 591, Pago 84 and in
Volume 594. Page 192 Of the Deed Rarards of Collin County. Toxaa:
THENCE S 00 dog. 45 min. 03 sec.. W along the Wes( line of said Bryant tract of land, a distance of 45.00 feet to a
10inch iron rod sol 7t the northeakt Omar of said Lot 1, Block A, in the south right-of-way line of said West First
Siren) and at Ino POINT OF BEGINNING:
THENCE S 00 deg. 45 min, 03 4e6., W, along the eaet Imo df sold Lal 1, Brack A, the Waal bare of said Bryant tract of
l0id, and 1110 West line of a ifact of ford dasriabad In a deed to Donald! E. Goodwin as recorded n Volume 350?, Page
484 of the Dead Records of Collin County Toms. a distance of MA ii foot ld a 1/2•Inr"h Iron rod eel of dud noutneast
c0mor01Sold Lot. I. UW-I(A end of Iha nor01oas(owner W Lot 2, Brack A of lard warren r Avant Garda Adddion;
THENCE N 89 deg. 12 min. 59 sec. W. along (he south line of said Lot 1, Block A and the north line of said Lo12,
Block A. a distance W 339,23 feel to a 1/2 -inch iron rod set at the southwest corner of said Lot 1, Block A and at the
nb1111WOl l corner Of SOLO Lot 2, Block A;
THENCE N 00 deg. 09 min. 35 sec, E. along the west line of said Lot 1, Block A, a chitr nce 01653.65 Feel Io a
V2 -inch iron rod set at the northwest corner of said Lot 1, Block A and in the south right•df.way line of said West First
SU -00L
THENCE N 89 dog. 59 min. 40 sec. E, along the north line of said Lot 1, Block A and (he south righl-oF-way line of
said Wes' First Steell!, a distance of 346.00 feel to the POINT OF BEGINNING and containing 224,415 sq, ft. or
5.1519 acres of rand.
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ZONING EXHIBIT A - CASE #Z11-0001
POINT OF I 1 I
D.R.C.C.T.
WARREN / AVANT-GARDE ADDITION
BEGINNING I ! I
TRFP B HOLDINGS, I_P,
LOT 1 BLOCK A
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ZONING: AGRICULTURAL
DALLAS, TEXAS 75208
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FLUP: TOLLWAY DISTRICT
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SURVEYOR
VOT£X SURVEYING COMPAf11'
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SCALE: 1.100' DATE: JANUARY 25, 2011
PLANO, TEXAS 75093-7042
TRIPLE B INVESTMENTS, L.P. I 1 Y
30' INGRESS/EGRESS EASEMENT (PER PLAT)
PROJECT NO. 25064-C-1
INST. 20070507000616900 f
INST. X120060921010004060 &
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C.C.F. N. 2006021-186450
EXISTING ZONING: AGRICULTURAL
REQUESTED ZONING`. COMMERCIAL t
FLUP: TOLLWAY DISTRICT
(NO FLOODPLAIN ON THIS SITE)
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LOT 1, BLOCK A
224,415 SO. FT.
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(BUSINESS PARK WAY)
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PROSPER DAWN INVESTMENTS
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DONALD E. GOODWINVOL 35507 PG 404
ZONING: COMMERCIAL CORRIDOR
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CALLED182'724 ACRES
FILLIP: TOLLWAY DISTRICT
1/2' IRON ROD SET339,23'
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ZONING: PLANNED DEVELOPMENT 42 COMMERCIAL
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MOLINAR ENTERPRISES, L.L.C.
INST. 2008M0000793560 'O
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ZONING: AGRICULTURAL .�.'�,.."`-'^"-----
APPROXIMATE LIMITS OF 100 - YEAR FLOOD PLAIN. ACCORDING
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FLUP: TOLLWAY DISTRICT 13I
TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD
INSURANCE RATE MAP, MAP NUMBER 480141 0255 G, MAP
REVISED: JANUARY 19, 1996. N0. STUDY HAS BEEN MADE BY
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THE UNDERSIGNED.
CODttROLMONUMENT
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ZONING: COMMERCIAL
CORRIDOR I I
FLUP: TOLLWAY DISTRICT I III
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BEARING SOURCE:
THE NORTH LINE OF SUBJECT TRACT (N 89°59'40" E) ACCORDING
TO THE DEED.
NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND
BOUNDS IS A VIOLATION OF TOWN ORDINANCE AND STATE LAW
AND IS SUBJECT TO FINES AND WITHHOLDING OF UTILITIES AND
BUILDING PERMITS,
LEGAL DESCRIPTION
BEING a frac) of and sinned In "In ('Off" County S<',bW Land Survey, Abstract Na. 147, Town of Prosmi, Collin
County. Tins and being all of Lot 1, Block A of If,, Warren I Avarlt•G8140 Addlion. an addiben To tha Town of
Prosper, ns racdrdud In Inalrumanf No 20060921010004060 of 010 OfflCial PublIC Ro=dp *I CWIu1 Ccwrlty, Tuxas
and alt Of a Tract of then dosenbed in a dnml fo Triple B lrl eslmenli, LP. as rncnrddd In lnsiruamM No,
200705070DOS 16900 or Ih, Official Public ROCtxds tN Collin County, Tex". and being Indra PUMCutarfy d=ribad as
fullowa
COMMENCING at a PK nail sol for minor In the center of Well Fall Street, 90' right-of-way, said pont being the
110fthWesl QON10r of a IWI of land doscobed in a dead to Jamas Bryant as recorded in Volume 591, Pago 84 and in
Volume 594. Page 192 Of the Deed Rarards of Collin County. Toxaa:
THENCE S 00 dog. 45 min. 03 sec.. W along the Wes( line of said Bryant tract of land, a distance of 45.00 feet to a
10inch iron rod sol 7t the northeakt Omar of said Lot 1, Block A, in the south right-of-way line of said West First
Siren) and at Ino POINT OF BEGINNING:
THENCE S 00 deg. 45 min, 03 4e6., W, along the eaet Imo df sold Lal 1, Brack A, the Waal bare of said Bryant tract of
l0id, and 1110 West line of a ifact of ford dasriabad In a deed to Donald! E. Goodwin as recorded n Volume 350?, Page
484 of the Dead Records of Collin County Toms. a distance of MA ii foot ld a 1/2•Inr"h Iron rod eel of dud noutneast
c0mor01Sold Lot. I. UW-I(A end of Iha nor01oas(owner W Lot 2, Brack A of lard warren r Avant Garda Adddion;
THENCE N 89 deg. 12 min. 59 sec. W. along (he south line of said Lot 1, Block A and the north line of said Lo12,
Block A. a distance W 339,23 feel to a 1/2 -inch iron rod set at the southwest corner of said Lot 1, Block A and at the
nb1111WOl l corner Of SOLO Lot 2, Block A;
THENCE N 00 deg. 09 min. 35 sec, E. along the west line of said Lot 1, Block A, a chitr nce 01653.65 Feel Io a
V2 -inch iron rod set at the northwest corner of said Lot 1, Block A and in the south right•df.way line of said West First
SU -00L
THENCE N 89 dog. 59 min. 40 sec. E, along the north line of said Lot 1, Block A and (he south righl-oF-way line of
said Wes' First Steell!, a distance of 346.00 feel to the POINT OF BEGINNING and containing 224,415 sq, ft. or
5.1519 acres of rand.
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DENNIS D. VOTE
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ZONING EXHIBIT A - CASE #Z11-0001
430 BUSINESS PARK DRIVE
WARREN / AVANT-GARDE ADDITION
OWNER
TRFP B HOLDINGS, I_P,
LOT 1 BLOCK A
CONTACT: BRENT BURNS
1400 WEST COMMERCE
>'
5.1519 ACRES
DALLAS, TEXAS 75208
OFFICE: (214) 672-9001
CELL: (214)
IN THE
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COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER., COLLIN COUNTY, TEXAS
SURVEYOR
VOT£X SURVEYING COMPAf11'
CONTACT: DENNIS VOTE
4548 TUSCANY DRIVE
SCALE: 1.100' DATE: JANUARY 25, 2011
PLANO, TEXAS 75093-7042
PH, (972) 964-0858
PROJECT NO. 25064-C-1