09-046 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 09-046
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 9.62 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 AGRICULTURAL (A) IS HEREBY REZONED
AND PLACED IN THE ZONING CLASSIFICATION OF COMMERCIAL
CORRIDOR (CC); 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 Ophir Pass
Partnership Fund, LTD ("Applicant") to rezone 9.62 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.
SECTI[3N 2: Amendments to Zoning Ordinance No, 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the property containing 9.62 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 Corridor (CC). 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.
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.
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 10" DAY OF MARCH, 2009.
ATTESTED TO AND
CORRECTLY RECOR.DE
J
atthew D. Denton, TR
Town Secretary
APPROVED AS TO FO
ar es Nis ger, Mayor
DATE OF PUBLICATION: � �/ Dallas Morning News — Collin County
Addition
EXHIBIT "A"
All that certain tract or parcel of land lying and being situated in Collin County,
Texas, a part of the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT
NO. 147, and being comprised of the following:
1) All that certain tract said to contain 4.619 acres as described in a deed to
A.F.O. Land Company, LLC, recorded in Volume 4599, page 2164 of the Collin
County Deed Records, and
2) All that certain tract said to contain 5.000 acres as described in a deed to
Prestige Gunite, Inc., recorded in Volume 4474, page 988 of the Collin County
Deed Records,
said tract or parcel of land is herein described as follows, to wit:
BEGININNG at a point in County Road No. 27 for the most Easterly Northeast
comer of a 10.00 acre tract conveyed to Lattimore Materials Company, L. P, said
comer being the Southeast comer of said 5.000 acre tract and the Southeast
comer of the premises herein described;
THENCE South 89 degrees 25 minutes 18 seconds West at 40.0 feet passing an
1/2 inch iron rod found with cap marred J.E. SMITH 3700 (hereinafter referred to
as 1/2 inch iron rod found) and in all a total distance of 757.88 feet to an 1/2 inch
iron rod found at a re-entrant comer of said 10.00 acre tract for the Southwest
comer hereof,•
THENCE North 00 degrees 32 minutes 23 seconds West 551.95 feet to an 1/2
inch rod found at the most Northerly Northeast comer of said 10.00 acre tract for
the Northwest comer of said 4.619 acre tract and the Northwest comer hereof,
said comer being on the South line of a 9.50 acre tract described in a deed to
Southern Star Concrete, Inc., recorded under Cleric's Document No. 03-0144312;
THENCE North 89 degrees 25 minutes 18 seconds East 760.47 feet to a point in
said County Road No. 27 at the Southeast comer of said 9.50 acre tract for the
Northeast comer hereof, an 1/2 inch iron rod found bears South 89 degrees 25
minutes 18 seconds West 40.0 feet;
THENCE South 00 degrees 16 minutes 16 seconds East a distance of 551.96
feet to the Place of BEGINNING and containing 9.62 acres of land.
/15 1 //-c -' 17 � � �21 �'
REM. of 9.50 At.
Southern Star Concrete, Inc.
DOC.# 030144312
SF -15
RESIDENTIAL
FLUP—TOLLWAY DISTRICT
REM. of 10.00 AC.
LATTIMORE MATERIALS CO. L.P.
DOC# 97-0017535
CC
PD -20
FLUP-TOLLWAY DISTRICT
10.15 AC.
BEALL CONRETE ENTERPRISES LTD
VOLAOSO,PG.350B DR
SF -15
RESIDENTIAL
_
FILLIP TOLLWAY DISTRICT
s
RE LOVERS LANE ROW
cit
FUR/RE LOVER'S LANE ROW
Neirgo'jil"E 780-A7
—��._.�rvrrr� rwv a€nr�rxr
7.57 ACRES
OPHIR PASS PARTNERSHIP FUND, LTD.
$ .
CLERK'S DOC# 2D051217001425500
Z
MF 380 TOLLWAY EAST LP
9.62 GROSS AC.
a �
DOC#20070007'72M
7.57 NET AC.
CC
REQUESTED ZONING
f-
FLUP=TOLLWAY DISTRICT
COMMERCIAL CORRIDOR(CC)
EXISTING ZONING; AGRICUL—
w�
TURAL (A)
FLUP—TOLLWAY DISTRICT
rTFEU
MF 390 TOLLWAY WEST LP
DOC#20070013565DO
M
PD -41
FLUP-TOLLWAY DISTRICT
COLLIN COUNTY SCHOOL
LAND SURVEY, ABST. NO. 147
■ ■ .�„ �
1 ■ ■ 1—
NOTES:
The thoroughfare allgnment shown an thin exhibit Is for Illustration
purposes and floes not set Uro alignment. The alignment is
determined at the lime of final plat
FLOOD INFORMATION: The property shown hereon Is
not situated in a designated special flood hazard area
per FEMA Map No. 48005CO255 6, dated 1/29/96.
BEARING BASIS: SrATE PLANE COORDINATE S1'W M
TEXAS NORIN CENTRAL ZONE --WW
APPLICANT:
C.W. KENDALL
701 North Central Expy
BLDG. THREE, SUITE 300
Richardson, Tx 75090
972-590 8000
OWNER:
OPHIR PASS PARTNERSHIP FUND, LTD
701 North Central Expy
BLDG. THREE, SUITE 300
Richardson, Tx 75080
972 690 WOO
VICINITY MAP
sro
a-SITE PROSPER ISD
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COLLIN COUNTY SCHOOL
LAND SURVEY, ASST. NO. 147
__-_W____._-___—_'—__-��I_
-
_ ^ _ APPROX. LOCATION OF NORTHWEST '
CORNER OF ABST./1038 BEING A
RE—ENTRANT CORNER OF RBST./147, 00
M
O
All that certain tract or parcel of land lying and being situated in Collin County, Texas, a pert ofthe
COLUN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO.147, and being comprised of the
following:
l) All thatccrtnin tract &aid to contain 4.61.9 acres es described in a dad to A.C.O. lend Company,
LLC, recmdod in Volume 4599, page 2164 of dwCollie County Deed Records, and
2) All Oust cttteha Vast Bali to contain 5.000 acre. as dcserib d Ina deed. to Preagge Gunile, l=.
recorded in. Volume 4474, page 988 of dw Collis County Deed Records.
said tract or parcel of land is herein deacribod as follows; to Wit:
13E01 NINNO at a point in County Road No. 27 for 1h a most Easterly Northeast caner are 10.00 ams
tract conveyed to Latfirnom ASstcrialsCompany, LP., saidcorocr being the Southeast comer of said
5.000 acre tract and the Souduml comer of the pmniscn horclt derkrlbed;
THENCE South 89 dcgreea 25 minutes 18 seornds West at 40.0 feet passing an V2 inch iron rod
found with cap nwked J.E. SM1TR 37110 Own mRftcr re (cried to a& 1/2 inch ban rod found) and in all
a total diataoce of 757.88 feet to an I tl inch iron rod found at a re -mbar comer of said 10.00 acre
and for the Sawkwest corner hereof;
THENCE North 00 dagreas 32 euros 23 seecmds West 551.95 feet to an 1/2 inch rod found at the
most Northcdy Ncribcast comer or said 10.00asra tract for the Northwest comer of said 4.619 acre
tract and the Nordhaxat comer hcrcaf, said corwr being on the South line of a 930 erre trout
described in a deed to Southern Star Concrete, Inc., recorded under Clerk's Document No.
03-0144312;
THENCE? North 89 degrees 25 mimuts 18 raca¢de FA&L 760.47 feet ton point in avid County Road
No. 27 at the Southeast corner of said 9.50 acre Vssl for the Nonheaat comerhemof, m ltd inch iron
rod found betas San& 89 degrees 25 minutes 198cconcls West 40.0 feek
THENCE South 00 degree 16 mimsics 16 seconds East a dialanrc of 551.96 Wto the Place of
BEGINNING and eoraalaing 9.62 acres of land.
REQUESTiED ZONING: CODUERCAL CORRIDOR (CC)
EXISTING ZONING: AGRICULTURAL (A)
SURVEYOR:
J E li wff# X"J ^74-vtyar
5M Highway 377 South AUBREY, TEXAS 79227
(940) 305.9299 jesm"oelxidpe.net
"EXHIBIT A"
Zoning CaseZ09-1
DALLA ► PARKWAY
PROSPER, TEXAS
9.62 GROSS ACRES
7.57 NET ACRES
70 42998 JAN. 2009
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