18-57 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-57
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 2.698 ACRES, SITUATED IN THE W. BUTLER SURVEY,
ABSTRACT NO. 112, IN THE TOWN OF PROSPER, DENTON COUNTY,
TEXAS FROM AGRICULTURAL (A) TO SINGLE FAMILY -ESTATE (SF -E);
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
Xponential Holdings, LLC ("Applicant"), to rezone 2.698 acres of land, more or less, in the W.
Butler Survey, Abstract No. 112, in the Town of Prosper, Collin County, Texas, from Agriculture
(A) to Single Family -Estate (SF -E) 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 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 Zonina Ordinance. The Town's Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 2.698 acres of land, more or less, in the W. Butler Survey, Abstract No. 112,
in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads, and
alleyways contiguous and/or adjacent thereto is hereby zoned as Single Family -Estate and
being 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.
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/Rer)eal. 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.
Ordinance No. 18-57, Page 2
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 PL�hq APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF`��bON THIS 10TH DAY OF JULY, 2018.
•.r
.. !. : aw' Ray Smith, Mayor
do o; a
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ATTEST► er °"°
Robyn B#tle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-57, Page 3
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INDEPENDENT BANK,
CELINA ADDITI❑N
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LOT 2R, BLOCK A
/ VOLUME 2014
PAGE 410 CCPR
BRASS CAP FOUND
IN CONCRETE
/N 85°29'25" E 27.66'
MARIVELISSE RODRIGUEZ—RIVERA
& DAVID HUCK
CLERK'S FILE NO,
20160621000780490 CCDR
P❑INT; A 1/2—INCH IR❑N PIN FOUND BEAD"
S 82010'32" E 0.
Ir 1/2—INCH IRON PIN FOUND i� N 89018'31" E 449,99'
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BEGINNING
NORTHWEST CORNER 2,54739 ACRE TRACT
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Scale; 1" = 50'
FIRM: BRUCE GEER, SURVEYOR
FIRM REGISTRATION # 10150700
S 40°15'54" E 5`,
1/2—INC
IRON PIN FOUND
CONTROLLING MONUMENT
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BEARING BASE LINE ---'I
EAST LINE 1,8275 ACRE TRACT
VOLUME 4424, PAGE 73 CCDR
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S 22029'03" E 1.92'
-- — ——f-- S 00"08'00' W 8,751
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S 89 12 00 W 323.97 ❑INT; A 1/2—INCH IR❑N PIN FOUND BEARS
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— — — — — — 1/2—INCH�� � S 73°58'52" W 94,80'
IR❑N PIN FOUND I I
—50' ROAD EASEMENT II
GREGORY & L❑RRAINE
VOLUME A, PAGE 385 CCPR KRENCH
VOLUME 12, PAGE 51 CCPR I PRESTONVIEW ESTATES, PHASE I
LOT 13, BLOCK A
FRED & MARIE HILL JAMES BUSSELL VOLUME A, PAGE 385 CCPR
PREST❑NVIEW ESTATES, PHASE I I PREST❑NVIEW ESTATES, PHASE I VOLUME 12, PAGE 51 CCPR
LOT 11, BLOCK A I LOT 12, BLOCK A I
VOLUME A, PAGE 385 CCPR VOLUME A, PAGE 385 CCPR
VOLUME 12, PAGE 51 CCPR VOLUME 12, PAGE 51 CCPR
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5' ROAD & UTIL, EASEMENT
I VOLUME A, PAGE 385 CCPR
VOLUME 12, PAGE 51 CCPR
CCPR COLLIN COUNTY PLAT RECORDS
CCDR COLLIN COUNTY DEED RECORDS
NOTE: EXISTING IMPROVEMENTS ARE
NOT SHOWN ON THIS SURVEY MAP,
Ordinance No. 18-57, Page 4
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VICINITY MAP
NO SCALE
DESCRIPTION 2.698 ACRES
SITUATED in the Town of Prosper, Collin County, Texas, in the William Butler survey, abstract
no. 112, being a survey of the 2.54739 acre tract described in a deed from James V. Gentry
and wife, Marjorie M. Gentry to Marjorie M. Gentry, dated November 24, 2003, recorded in
volume 5567, page 1395 and a survey of the tract of land(hereafter referred to as `Tract A")
described in a deed from David L. Dodson and wife, Rita Dodson, dated January 29, 1982,
recorded in volume 1475, page 832, both deeds of the Collin County deed records, being
described by metes and bounds as follows:
BEGINNING at the point in North Hays Road at the northwest corner of said 2.54739 acre
tract; a 1/2—inch iron pin found bears North 85'29'25" East, 27.66 feet;
THENCE North 89'18'31" East, with the north line of said 2.54739 acre tract,
449.99 feet to a point at the northeast corner of said 2.54739 acre tract and the northwest
corner of said Tract A; same being the southwest corner of the third tract described in a deed
recorded in volume 3630, page 444; a 1/2—inch iron pin found bears South 82'10'32" East,
0.70 foot;
THENCE South 40' 15'54" East, with the southwest line of said third tract, 55.55 feet to a
point in the west line of the 1.8275 acre tract recorded in volume 4424, page 73; a 1/2—inch
iron pin found bears South 82'52'10" East, 0.80 foot;
THENCE South 00'08'00" West, with the east line of said 1.8275 acre tract, 147.68 feet to
a point in Prestonview Drive at the southwest corner of said 1.8275 acre tract; a 1/2—inch iron
pin found bears North 76'25'13" East, 256.12 feet;
THENCE in a southwest direction with the south line of said Tract A and generally with the
center of said Prestonview Drive, along a curve to the right having a radius of 260.16 feet, an
arc length of 44.15 feet, a central angle of 09'43'25", a chord direction of South 54'51'16"
West, and a chord length of 44.10 feet to a point in the east line of said 2.54739 acre tract;
a P.K. nail found bears South 22'29'03" East, 1.92 feet;
THENCE South 00'08'00" West, with the east line of said 2.54739 acre tract, 8.75 feet to a
point at the southeast corner of said 2.54739 acre tract; a 1/2—inch iron pin found bears
South 20'13'15" East, 1.87 feet;
THENCE westerly with the south line of said 2.54739 acre tract as follows:
South 89'12'00" West, 16.74 feet to a point in said Prestonview Drive; a
P.K. nail found bears South 25'18'06" East, 1.76 feet;
Along a curve to the right, having a radius of 260.16 feet, an arc length of
113.40 feet, a central angle of 24'58'28", a chord direction of South
76'23'27" West, and a chord length of 112.50 feet to a point; a 1/2—inch iron pin
found bears South 73'58'52" West, 94.80 feet;
South 89'12'00" West, with said Prestonview Drive, 323.97 feet to a point in said North
Hays Road at the southwest corner of said 2.54739 acre tract; a 1/2—inch iron pin
found bears South 11'53'49" West, 151.36 feet;
THENCE North 00'08'00" East, with said North Hays Road and with the west line of said
2.54739 acre tract, 250.00 feet to the PLACE OF BEGINNING and containing 2.698 acres.
Office work completed on surveyed May 21, 2018
5�G � S T F;Q•.s
Bruce Geer, Registered Professional Land Surveyor, No. 4117 BRUCE GEER
1101 W. University Drive(U.S. Highway 380)
McKinney, Texas 75069
972-562-3959
972-542-5751—fax
NUMBER
DELTA ANGLE
CHORD DIRECTI❑N
RADIUS
ARC LENGTH
CHORD LENGTH
C1
09°43'25"
S 54051'16" W
260.16
44.15
44.10
J C2
24°58'28"
S 76°23'27" W
260.16
113.40
112.50
EXHIBIT "A"
2.698 ACRE TRACT AT 770 HAYS ROAD
PROSPER, TEXAS 75078
BEING A SURVEY OF THE 2,71 ACRE TRACT DESCRIBED IN A DEED FROM
CHRISTOPHER LEE GENTRY AS INDEPENDENT EXECUTOR OF THE ESTATE
OF MARJ❑RIE M. GENTRY, DECEASED TO XP❑NENTIAL HOLDINGS, LLC
RECORDED AS CLERK'S FILE NO, 20160628000818540
OF THE C❑LLIN COUNTY DEED RECORDS