O-2023-51 Rezoning 8.2 Acres Specific Use Permit Temporary Buildings - St. MartinsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-51
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING PROSPER'S ZONING ORDINANCE BY GRANTING A
SPECIFIC USE PERMIT (SUP) FOR TEMPORARY BUILDINGS TO BE
LOCATED ON A TRACT OF LAND CONSISTING OF 8.2 ACRES, MORE OR
LESS, IN THE J. BATES SURVEY, ABSTRACT NO. 1620, IN THE TOWN OF
PROSPER, DENTON 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 of Prosper, Texas ("Prosper") has received a request from St.
Martin de Porres Catholic Church ("Applicant") for a Specific Use Permit (SUP) for temporary
buildings to be located on a tract of land zoned Planned Development- 91 (PD-91), consisting of
8.2 acres of land, more or less, in the J. Bates Survey, Abstract No. 1620, in the Town of Prosper,
Denton County, Texas, and 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 to grant a Specific Use Permit (SUP) 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
Specific Use Permit Granted. The Town's Zoning Ordinance is amended as follows:
Applicant is granted a Specific Use Permit (SUP) for temporary buildings, on a tract of land zoned
Planned Development-91 (PD-91), consisting of 8.2 acres of land, more or less, in the J. Bates
Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, and 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
shall conform to, and comply with 1) the site plan, attached hereto as Exhibit "B," and 2) the
elevations, attached hereto as Exhibit "C," which are incorporated herein for all purposes as if set
forth verbatim, subject to the following conditions of approval by the Town Council:
1. The specific use permit granted herein shall not exceed two (2) years in duration
from the date of adoption of this Ordinance, with the option of a one (1) year renewal. The Town
reserves the right to initiate a rezoning request in the event that the Applicant has not submitted
a renewal request prior to the expiration of the two-year term referenced herein.
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.
SFCTInN 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, 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
SeverabHRV. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
Ordinance No. 2023-51, Page 2
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
Savin, sc� /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 8TH DAY OF AUGUST, 2023.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2023-51, Page 3
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