15-20 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-20
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 0.82 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 COMMERCIAL (C) IS HEREBY AMENDED
AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN RETAIL
(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 TLS
Investments, Inc. ("Applicant") to rezone 0.82 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 0.82 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 Downtown Single Retail (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.
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.
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
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. 15-20, Page 2
SECTION 7
Savin s/Re ea ling 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 14TH DAY OF APRIL, 2015.
ATTEST:
-4bQAa
Robyn B ttle, Town SecretaNry
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smit4, Mayor
Ordinance No. 15-20, Page 3
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FlUP: OD TOM MSR I I
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LOT 14 I
LAND Ln! COMMERCIAL IIII 1 ,
LAND USE CITY -^ARN 19 l ZONE
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I O N a, PROSPER
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A.T BRYAN YS ADDITION
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LD USE APARTMENTS FLOP: OLD TORI SF 0.4•"• 3
LOT t7 I LAND USE APARTMENTS ZONIM DDTRLAND USE' ACAN7 ZOME jTT 11" Mgt
ZONED: DTR FLLP. OLD TOM" MSA
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BRYANT'S ADDITION
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VOL 116, PG. 162 I I
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VOL 116, PG. 162
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LEGAL DESCRIPTION
TRACT
BEING all that certain tract of land situated In the Collin County School Land, Survey, Abstract No.
147, In the Cly of Prosper, Collin Cotmry. Texas, being the lama tract conveyed In
Warranty DOW dated February 7, 2014 by Slam Aar, Inc. to TLS Investments, Inc. recorded in
Instrument No,. 2014020700012aM of the Official Public Records of Coign County, Teas and
being portion of Block 2 of SJT Addition, an addition to the City of Prosper, Collin County, Texas
according to the plat thereof recorded In Volume F, Page 553 of the Map Records of Collin County,
Texas, and a 20 foot Alley abandonment and being more particularly described by metes and
bounds as follows:
BEGINNING at a 518 inch steel rod with 'TerraCoV cap set for the northwest comer of said Block
2, said point being in the south right-of-way line of 3rd Street (a 60 foot wlde right-of-way) and in the
east rightof-way line of Main Street (an SO foot wile right-of-way);
THENCE North 89 aegnTas 14 minutes 36 seconds East, along the south right-of-way line of said
3rd Street. a distance d 172.93 feet to a 112 inch steel rod found for comer,
THENCE South 00 degrees 55 minutes 24 seconds East, over and across said Block 2, passing at
118.86 feet a 112 Inch steel rod found In the south line of saki Block 2 and in the north line of said
20 foot Alley Abandonment, a total distance of 135.86 feet to a 618 Inch steel rod with 'TerraCOrp"
cap set for comer In the south Ina of sold 20 foot Alley Abandonment
THENCE South 89 degrees 20 minutes 31 seconds West along the south line of said 20 foot Alley
Abandonment, a distance of 172 93 feet a 516 incl steel rod with 'TerraCorp' cap set in the east
right-of-way fine of said Main Street
T7 -I ENCS NOm1 OC 009rOas 55 mtmM 24 sucanide Wart OIoN ate cast right -el, way link of saki
Main Sues), pealing a; 20.00 feet a 1/2 Inch steel rod found for the southwest comer of said Block
2, a total distance of 136.56 feet to the POINT OF BEGINNING and containing 23,641 square feet
and 0.543 acres of land, more or lees.
TRACTU
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LAM ,Bs. Ii9DENAAL
ZONED SF -15
FLUP. OLD TOaM SF
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Z15— 0001
rv9T I° °°° °µx aB° ° EXHIBIT A
LAND Dg RESCIENnK A PORTION OF
ZONED:BLOCK 2, SJT ADDITION
& BRYANT'S IST ADDITION
LOT 22A, BLOCK 6
AND BEING SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT No. 147
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
TLS INVESTMENTS, INC.
861 N. Coleman
129
ORD. NO. 15-20, PAGE 4 Prosper, TX 75078
BEING all that certain tract of land situated In the Collin County School Land, Survey, Abstract No.
147, In the City of Prosper, Collin County, Texas, ICwV &a same trod conveyed in
Wanardy Deed dated February 7, 2014 by Stam Air, Inc. to TLS Investments, Inc recorded in
Instrument No. 20140207000120850 of the Official Public Records of Collin County, Texas and
being portion of Block 2 of SJT Addition, an addition to the City of Prosper, Collin County, Texas
according to the plat thereof recorded in Volume F. Page 553 of the Map Records of Collin County,
J
Texas, and a 20 foot Alley abandonment and a portion of Main Sbeel and 3rd Streak said tract
_
being mora particularly described by metes and bounds as follows:
BEGINNING at the intersection of the oanlerline of 3rd Street (a 60 foot wide right-dwvay) and the
centerline of of Main Sheat (an BO foot wide right-of-way);
THENCE North 89 dog nOos 14 minutes 36 seconds East along the centedine of said 3rd Street a
j
distance of 212,R3 reef 7n a 1121nch aioel red kountl nor rKimLv;
II`
THENCE South 00 degrees 55 minutes 24 seconds East, or-er and aaoss said Block 2, passing at
_ `
11e 86 feet a IM inch shad rod found in the south fine al sand Block 2 and in the north line of said
I
_ HUsp E cEA"0 ` ` - DoH
20 foot Alley Abandonment passing at a distance of 136 86 feel to a 518 Inch steel rod with
L ca .a" H 14�wV R,
t RU .Hr �o .O,ws1°OO.,zseU s I , 'Hp""a
aCoW cap set for comer In e south line of said 20 foot Alley Abandonment and continuing
'Tenth
for a total distance of 166.86 feet to the Southeast comer of said alley abandonment
v
LAND usE: r®ENAK
uwo USE "'I'
I
THENCE South e9 degrees 20 minutes 31 seconds West along the south line of said 20 loot Alley
ZONED. SF -15
',
ZONIM SF -15
FLIP. OLD TM sF
AhandonmenC a distance of 172 93 feet a 518 inch sled rod with TerraGorp' cap set in the east
YI Fur: OLD Tows SF I
rightof-way, line of said Main Street then continift for a total distance of 212.93 feet to a point in
the said canterilne of Main Street
1
1
THENCE North 00 degrees 55 minutes 24 seconds West along the said centerline Main Street, for
y4
adistance of 166.56 feet to the POINT OF BEGINNING and containing 35,490 square feet and
0.815 acres of land, more or less.
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LAM ,Bs. Ii9DENAAL
ZONED SF -15
FLUP. OLD TOaM SF
y I
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Z15— 0001
rv9T I° °°° °µx aB° ° EXHIBIT A
LAND Dg RESCIENnK A PORTION OF
ZONED:BLOCK 2, SJT ADDITION
& BRYANT'S IST ADDITION
LOT 22A, BLOCK 6
AND BEING SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT No. 147
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
TLS INVESTMENTS, INC.
861 N. Coleman
129
ORD. NO. 15-20, PAGE 4 Prosper, TX 75078