11-045 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-45
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 11.301 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 COMMERCIAL CORRIDOR (CC) 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 Tollway First
Partners, L.P. ("Applicant") to rezone 11.301 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 11.301 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
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: Penal . 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: Severabilittr. 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 24"' DAY OF MAY, 2011.
ATTESTED TO AND
CORRECTLY RECORDED BY:
`6,n i • taWTawn Secret
w••i DATE C3I•'•P UB ATION.-
APPROVED AS TO FORM:
I�
Kenne t Dugger, Mayr to Tem
6 A III , Prosper Press
11.301 ACRES
FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN LOT 32 OF
THE SUBDIVISION OF THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12,
ABSTRACT NO. 147, AS RECORDED IN VOLUME 3, PAGE 106, DEED RECORDS OF
COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 9.165 ACRES OF LAND
DESCRIBED IN THE DEED TO TOLLWAY FIRST PARTNERS, L.P., AS RECORDED IN
INSTRUMENT NO. 20101007001084900, OFFICIAL PUBLIC RECORDS OF COLLIN
COUNTY, TEXAS, AND BEING A PART OF NORTH TEXAS TOLLWAY AUTHORITY'S
RIGHT-OF-WAY PARCEL NO: 40-28, AS DESCRIBED IN THE DEED TO COLLIN
COUNTY, AS RECORDED IN INSTRUMENT NO. 2006031000324750, SAID OFFICIAL
PUBLIC RECORDS, AND ALL OF A CALLED 0.0906 OF AN ACRE TRACT OF LAND
DESCRIBED AS TOWN OF PROSPER RIGHT-OF-WAY PARCEL NO: 40 -28 -ROW 1
(UNRECORDED) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF
LAND AT A PK NAIL FOUND FOR CORNER IN FIRST STREET AT THE NORTHEAST
CORNER OF SAID TOLLWAY FIRST PARTNERS TRACT AND AT THE NORTHWEST
CORNER OF THE WARREN / AVANT-GARDE ADDITION TO THE CITY OF PROSPER,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2006, PAGE 615, MAP
RECORDS OF COLLIN COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 20 MINUTES 49 SECONDS EAST WITH THE EAST LINE
OF SAID TOLLWAY FIRST PARTNERS TRACT AND WITH THE WEST LINE OF SAID
WARREN / AVANT-GARDE ADDITION, A DISTANCE OF 596.87 FEET TO A 1/z" CAPPED
IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID TOLLWAY
FIRST PARTNERS TRACT;
THENCE SOUTH 89 DEGREES 30 MINUTES 37 SECONDS WEST WITH THE SOUTH
LINE OF SAID TOLLWAY FIRST PARTNERS TRACT, A DISTANCE OF 501.01 FEET TO
A CAPPED IRON ROD FOUND FOR CORNER IN THE EAST LINE OF A TRACT OF
LAND DESCRIBED AS TRACT I IN THE DEED TO MASTMK, LLC, AS RECORDED IN
INSTRUMENT NO. 20090624000785910, SAID OFFICIAL PUBLIC RECORDS;
THENCE NORTH 00 DEGREES 12 MINUTES 17 SECONDS WEST WITH A WEST LINE
OF SAID TOLLWAY FIRST PARTNERS TRACT AND WITH THE EAST LINE OF SAID
MASTMK TRACT A DISTANCE OF 149.61 FEET TO A 2" PIPE FOUND FOR CORNER;
THENCE SOUTH 89 DEGREES 48 MINUTES 17 SECONDS WEST WITH A SOUTH LINE
OF SAID TOLLWAY PARTNERS TRACT AND WITH THE NORTH LINE OF SAID
MASTMK TRACT 1, PASSING EN ROUTE AT A DISTANCE OF 229.32 FEET A CAPPED
IRON ROD FOUND FOR WITNESS IN THE EAST RIGHT-OF-WAY OF THE NORTH
TEXAS TOLLWAY ACCORDING TO SAID RIGHT-OF-WAY PARCEL NO: 40-28, AND
CONTINUING ON SAID COURSE A TOTAL DISTANCE OF 429.36 FEET TO A POINT
FOR CORNER AT THE APPROXIMATE CENTERLINE OF THE PROPOSED NORTH
TEXAS TOLLWAY;
THENCE NORTH 01 DEGREES 26 MINUTES 01 SECONDS WEST WITH THE
APPROXIMATE CENTERLINE OF THE PROPOSED NORTH TEXAS TOLLWAY A
DISTANCE OF 444.96 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID
RIGHT-OF-WAY PARCEL NO: 40-28;
THENCE NORTH 89 DEGREES 29 MINUTES 23 SECONDS EAST WITH THE NORTH
LINE OF SAID RIGHT-OF-WAY PARCEL NO: 40-28, PASSING EN ROUTE AT A
DISTANCE OF 200.03 FEET A PK NAIL FOUND AT THE NORTHEAST CORNER OF
SAID RIGHT-OF-WAY PARCEL NO: 40-28, AND AT THE NORTHWEST CORNER OF
SAID TOWN OF PROSPER RIGHT-OF-WAY PARCEL NO: 40 -28 -ROW 1, AND
CONTINUING ON SAID COURSE A TOTAL DISTANCE OF 436.97 FEET TO A PK NAIL
FOUND FOR CORNER IN THE NORTH LINE OF SAID TOLLWAY FIRST PARTNERS
TRACT AND AT OR NEAR THE MIDDLE OF FIRST STREET;
THENCE NORTH 89 DEGREES 30 MINUTES 37 SECONDS EAST CONTINUING WITH
THE NORTH LINE OF SAID TOLLWAY FIRST PARTNERS TRACT AND ALONG OR
NEAR THE MIDDLE OF FIRST STREET, PASSING EN ROUTE AT A DISTANCE OF
162.24 FEET A PK NAIL FOUND FOR WITNESS, AND CONTINUING ON SAID COURSE,
AND PASSING AT A DISTANCE OF 261.29 FEET A PK NAIL FOUND FOR WITNESS,
AND CONTINUING ON SAID COURSE A TOTAL DISTANCE OF 501.47 FEET TO THE
POINT OF BEGINNING AND ENCLOSING 11.301 ACRES OF LAND, MORE OR LESS.
�,a �,��., 04-04-2011
J.E. THOMPSON 11 R.P.L.S. NO 4857 DATE
J.E. THOMPSON
.....................
�-' 4857 g
S U�
N r
FUTURE
rr� 6y
1dLag�
lure Dallas Norm Tollway
}a�
Eta i �
1
011}
DALLAS$NORTH TOLLWAY
DALLAS PARKWAYi
s.r
� 96'bbb 3� L 0,9Z, l O 6
I II
I
I
I
as
�aYS�
sb
�N�BFt
e
GIL
;3
Lai
i
DALLAS PARKWAYi
u�-
4
I i l
I II
I I
I �I
I II
I
I
I
as
�aYS�
I
I r
�N�BFt
� I
;3
Lai
i
ail
!11
o I
-�
/
_ Mme• E M -i- IIIIIll-�-
�--.I
�
�_ 'I�§W SIA- #-�-
M-11111. 111111- • 111
;413'AfiS��b10Z,0O B
f-
1
1 /
�
I I
I
I
i
'1 l
o A i of
=r
I
A W n o I
fD
I/n
i a
d
3
.N
I I
"
u�-
4
I i l
I II
I I
I �I
I II
I
I
I
as
�aYS�
I
I r
�N�BFt
� I
;3
Lai
i
ail
!11
o I
/
d
/
I
i
o
c
�
I I
I
z
omm I
I
i
'1 l
o A i of
=r
I
A W n o I
fD
I/n
i a
d
3
.N
I I
"
a
I
III
[
A
m
Z
m
N
�
CDd
I I
I I
I
I
I Y\
l �
I / 1
/ I
I/ I
-p ageiJj ��� �°�� �o� gy
�� jw � Iuj
l_ i
p� Hit a�=e43
M HUM
€ K� a �Sa�� 0 0 p_'" f�
4 F9 A°m �o�� ��� oo�m�� C_.b
hij
§ F3Aa1ag��-' C
& €_ MPH � 19,� "s�sa 3 qs gm �; �; AIA. 1j-,p;is M.ij 1jH
g o a 4�aping km s` X.M P�� HIM
jz9 ,.,
�o=�� l o� �m �����'�°
�g mm N a 8 � 8 -_�Oogs=
����
IL
pg U
j MAI
/
/
I
I
I
I
O �
Ili
�
t
i