11-042 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-042
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SUBSECTION 24.5 (PROCEDURES) OF SECTION 24 (PLANNED
DEVELOPMENT DISTRICT) OF CHAPTER 2 (ZONING DISTRICTS)
OF ORDINANCE NO. 05-20 THE TOWN OF PROSPER'S ZONING
ORDINANCE; ENABLING OWNERS OF A PORTION OF THE LAND
WITHIN A PLANNED DEVELOPMENT DISTRICT TO REQUEST
REZONING OF THE PORTION OF THE DISTRICT THEY OWN TO
SEPARATE IT FROM THE REMAINING PROPERTY WITHIN TIIE
PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR A PENAL'T'Y
FOR TIIE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR TIIE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
investigated and determined that Subsection 24.5 (Procedures) of Section 24 (Planned
Development District) of Chapter 2 (Zoning Districts) of Ordinance No. 05-20 the Town of
Prosper's Zoning Ordinance; and
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the
best interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 05-20, as set
forth herein.
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: Amendment to Subsection 24.5 (Procedures) of Section 24 (Planned
Dei+elopmcnt District} of Chapter 2 (Zoning Districts) of Ordinance No. 05-20 the Town_ of
Prosper's Zoning Ordinance. Subsection 24.5 (Procedures) of Section 24 (Planned Development
District) of Chapter 2 (Zoning Districts) of Ordinance No. 05-20 the Town of Prosper's Zoning
Ordinance" is amended to add a new Paragraph (D) to read as follows:
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"(D) Owners of property within a PD District may request rezoning for only the portion
of the PD District they own. Notice of such rezoning will be based on the boundary of the
portion of the PD District being rezoned rather than the entire PD District. hi considering the
request, the Planning and Zoning Commission and Town Council shall evaluate the effect of the
rezoning on the remaining property within the PD District.. If the Planning and Zoning
Commission or Town Council determine that the rezoning necessitates adjustments to the terms
and conditions of the original PD District, the zoning case to rezone the portion of the PD
District will be tabled so that the Town can initiate a zoning case for the remainder of the PD
District and first consider amendments to the terms and conditions of the original PD District."
SECTION 3: 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 4. Penalty Provision,. Any person, firm, entity or corporation who violates
any provision of this Ordinance, as it exits or may be amended, shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined in a sum not exceeding Two
Thousand and No/100 Dollars ($2,000.00). Each continuing day's violation 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 7. Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF TIIE TOWN
OF PROSPER, TEXAS on this 26th day of April, 2011 by vote of 6-0.
Ray Smith Mayor
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Date(s) of Publication: fid/ / -MProsper Press
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