O-2023-23 Rezoning SUP-43 Drive-Thru Restaurant_Chiptole US 380 & CusterTOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-23
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT
43 (SUP-43) FOR A RESTAURANT WITH DRIVE -THROUGH, LOCATED ON A
TRACT OF LAND CONSISTING 1.121 ACRES, SITUATED IN THE JEREMIAH
HORN SURVEY, ABSTRACT NO. 411, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS); 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 the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Sara
Sangani ("Applicant"), to rezone 1.121 acres of land, more or less, in the Jeremiah Horn Survey,
Abstract No. 411, in the Town of Prosper, Collin County, Texas, being more particularly described
in Exhibit 'A" attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated 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, Public Hearings have been held, and all other requirements of notice and
completion of such 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
Amendment to the Town's Zoning Ordinance, The Town's Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 1.121 acres of
land, more or less, in the Jeremiah Horn Survey, Abstract No. 411, in the Town of Prosper, Collin
County, Texas, (the "Property") and all streets, roads, and alleyways contiguous and/or adjacent
thereto is hereby zoned being more particularly described in Exhibit "A," attached hereto and
incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Specific Use Permit
r shall conform to, and comply with 1) the concept plan, attached hereto as Exhibit "B," 2) the
landscape plan, attached hereto as Exhibit "C," and 3) the concept elevations, attached hereto as
Exhibit "D"; which are 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 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
Severabifity. 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,
Ordinance No. 2023-23, Page 2
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 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 28TH DAY OF FEBRUARY 2023.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirlanni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2023-23, Page 3
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.
Savings/Repealing„ Clause. Prosper's Zoning Ordinance 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 28TH DAY OF FEBRUARY 2023.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2023-23, Page 3
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE LAND
BEING a tract of land situated in the City of Prosper, Collin County, Texas out of the
Jeremiah Horn Survey, Abstract No. 411 and being all of Lot 2, Block A, Prosper Plaza,
according to the revised plat thereof recorded in Volume 2008, Page 564, Map Records,
Collin County, Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199" in the north
right of way line of U.S. Highway 380 (variable -width right of way), the southwest
corner of said Lot 2, the southeast corner of Lot 3, of said Block A;
THENCE, departing said north right of way line, along the west line of said Lot 2, the
east line of said Lot 3, North 00 degrees, 49 minutes, 56 seconds West, a distance of
258.14 feet to a 5/8" iron rod set with.plastic cap stamped "R.P.L.S. 5199", the.northwest
corner of said Lot 2, lying in the south line of Lot 5 of said B 1 ock, A;
THENCE, along the north line of said Lot 2, the south line of said Lot 5, North 89
degrees, 10 minutes, 04 seconds East, a distance of 189.77 feet to a 5/8" iron rod set with
plastic cap stamped "R.P.L.S. 5199';
THENCE, departing said common line, South 00 degrees, 49 minutes, 56 seconds East, a
distance of 255.10 feet to a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199" in
said north right of way line;
THENCE, along said north right of way line, the south line of said Lot 2, South 87
degrees, 25 minutes, 28 seconds West, a distance of 99.95 feet to a 5/8" iron rod found;
THENCE, continuing along said common line South 89 degrees, 10 minutes, 04 seconds
West, a distance of 89.87 feet to the POINT OF BEGINNING, and containing 48,835
square feet, or 1.1211 acres of land, more or less.
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