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13-47 O - Rezone 705 E. First Street from SF-15 to DTO (Z13-0012) TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-47 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.54 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN OFFICE (DTO); 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 3JE Holding, Ltd. ("Applicant") to rezone 0.54 acre 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 Findinqs Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to Zonina Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the property containing 0.54 acre 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 Downtown Office (DTO). The Property as a whole and for this zoning classification is more particularly descri)ed 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 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. 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 Penaltv. 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 Severabilitv. 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.1347,Page 2 SECTION 7 Savinqs/Rer)ealina 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, THIS 10TH DAY OF SEPTEMBER, 2013. a Ray Smith,j Mayor ATTEST: Robyn B tie, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.13-47,Page 3 'O VICOT Y MAP SITE DATA TAKE Zonfng LEGEND F- PRQFRTY DESCRIPTION- 4 v OWIF-E ENGINEER & FLODOPLAIN NOTE Set 3.09 I'M TNO WCHFARIF NOT ENGINEFIM4G' Zoning Exhibit A 11 CROSSCONSULTANn Zia Part Df Lot 29,S.bdivimon 12 Collin Cf).ntxl School land To.", m EXHIBIT A `I��f s.w,coy �aot;yC D' C `l a m�a c o +' Srpe 16rY SITUATED IN COLLTN COUNTY, TEXAS AND BEING' A PART OF LOT NO. 29 OF SUi3DIVISION NO. 12. / OF LZILLIN COUNTY SCROUL LAND SURVEY AND n.S� 000a ,6 BEING A PART OF A TRACT OF LAND THAT WAS Srnt+aaE Qt� CONVEYED BY A. T. BRYANT AND WTFR, LIZZIE BRYANT TO MARQUPRITTE HORN BY DEED DATED J MAY 19, 1901 AND It ECORDED IN VOLUME 119 , 1 �'j���•A� PAGE 271 OF THE DEED RECOftDS OP COLLIt1 COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT FOR CORNER AT THE I SOUTHWEST CORNER OF A TRACT OF LAND THAT . WAS CONBEYED BY A.T. BRYANT AND WIFE, LIZZIE BRYANT, TO JERE MARTIN BY DEED DA?'A JANUARY 24, 1903 AND RECORDED IN VOLUME i- 120, PAGE 71 OF THE DEED RECORDS OF COLLIN, COUNTY, TEXAS, SAME BEING IN THE CENTERLM OF E. FIRST STREET; THENCE NORTH WITH A CHAINLINK FENCE, " 11• ' PASSING A 1/2" IRON PIN-FOUND AT 15 FEET fr Ib ;`.. AND CONTINUING IN ALL A DISTANCE OF 234 !; �-:t FEET TO A CHAINLINK FENCE POST FOUND fDo V tr R CORNER: � TIICNCE SOUTH 89 DEGREES 10 MINUTES WEST ' t f ' `\•`� d"J WL'PN A CHAINLINK FENCE, 100 FEET TO A P .t u ejy ` CHAINLINK PENCE POST FOUND FOR CORNER; •A THENCE SOUTH WIT!! A C1AINLINK FENCE, ' PASSING AT 219 FEET A 1/2' IRON PIN FOUND .+�f`\ �.• I; ,O AND l'OIN INC IN ALL A DISTANCE OF 234 r _ 1- _• �/I.-� FN TO A POINT FOR CORNER IN THE CENTER- 'V INE OP E. FIRST STREET; 14VH•1-H 89 U1:CKEES .10 MINUTES L/Ib7' 74 ro 1!V r ' WITH SAID CENTERLINE OF E. PI95T STREET C N S 34 FEET TO THE PLACE OF BEGINNING. w. �+t ` NOTA: PER THE NATIONAL FLOOD TN5011ANC ' j' PROGRAM COMMUNITY PANEL NO. 4B085CG280G,: L1•• THIS PROPERTY IS IN 'LONF. X. AREAS ! --:• � FLOODMP4AONT0 BE OUTSIDE THE 500 YEAR S ul NOTE: THE EASEMENT RECORDED IN VOLUME 343 FACE 521 D.R.-C.C.T. DOES I NOT TO THE BEST OF MY KNOWLEDGE I `Q ! AND BELIEF, AFFELT TIIIR PROPERTY: �\le4 �ti poB T S1 (�r. r7 E. f=f R S , w is ..wa.{,rw•v"ra.�{.,w„•wsT�,Peq.,yws.ht,aswryPSgw.w•u,w '1>Att1. A. 1}11JAi..^.1! _ ,npn.m..nuw„ma.n.pi:nw...,,...us.rrt.+nm.a.4wr�w.l,b�.vn,.••.a.n{ron ;I IiGI;:T I•:Rl:tr YR •I�l_ti::I�rt1A 1. •' - i__-.__.-___.__._-_._—.mRnf>MSnrr4umvq.auJ.vw VW�P.i,w•r,a 4ao Ps,.a'J{orsr.ussearar us a+Ianw isawe,tuJt,fHiL-,mn.,:p.a•�_ _ , ,�,,,,,,,,,,a,„q I -�tN!)--:.URVI;Yyk-11-•—'i'h't,i_____-____ ______.________-_' __________ ntEJtY ARE NO FACIrI.C�IVEl+T3 Ut MOItl15 WNS. ” i JL1'[mY W.POG(:E.INC. rr.. •.a,.:.r.. ! 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