13-50 O - Rezone Cambridge Park Estates, 135± acres, west side of Preston, Agricultural (A) to Single Family 12.5 (SF-12.5) Z13-0014 TOWN OF PROSPER, TEXAS ORDINANCE NO. 13-50
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 135.003 ACRES, MORE OR
LESS, SITUATED IN THE S. RICE SURVEY, ABSTRACT NO. 787, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED
AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF SINGLE FAMILY-12.5 (SF-12.5) AND OFFICE (0);
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 Guhan
LLC and Ganapathy, Ltd ("Applicant") to rezone 135.003 acres of land, more or less, situated in
the S. Rice Survey, Abstract No. 787, 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
Findinas 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 135.003 acres of land, more or
less, situated in the S. Rice Survey, Abstract No. 787, 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 127.0± acres of Single Family-12.5 (SF-12.5) and 8.0± acres of Office (0).
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 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.13-50,Page 2
SECTION 7
Savings/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, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 24TH DAY OF SEPTEMBER, 2013.
p4u-l( VA
Ray Sm�th, Mayor
ATTEST:
Robyn Bat , Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.13-50,Page 3
METES AND BOUNDS DESCRIPTION
TRACT "A"
BEING u tract of land situated in the S. Rice Survey, Abstmct No. 787' City of Prosper, Collin County,
Texas, Um aJject huc\ beinQ z portion o[o tract of|ond conveyed to Gohon, LLC according, to Ulc deed
recorded in Vo|ume 6877, Page 33/11 of the Deed Records, Collin County, Texas (I)RCC0, nnd bpioX it
po.don of 41 tract nfland u/nvuvud huGauapaU�y, Ltd. according to the deed neW'Jed it) Vo|ume 5894
Pngv1749DK[Cl, the n/|jeci tract |`pi/ e mot,`|m/hn/|adydwnihedasfollows:
QF.G|NN|N6 xi J/8" in`u u/d found oil the wcs( K/von[ Preston Road,also kommx as Mate Higuxuyl89 (u
vorbhh width public 'ighLn[^wzy) fo/ (h, northeast corner of imci cnnvcyed to D.R. |lot|on-Texa\
L\J, recorded fit DoUlmooiNo. 2012 )R)7000634630 1)Nl:'r;
THENCE along tile common line thereof, the following:
N89°33'57"W, 2FD7A2feet tnn1/7" iron rod found;
N 00°06'55"VV,480.15 feet toa 1/2" iron rod found;
NO4~2G'1Z"N,40.49 feet toa5/8" iron roll fnooJ;
And NOO^U9'12" N( 686.38 feet boa 2" |mo piyc hm/d hor tile suudoweSi corner of said Gaoapnthy
tract;
THENCE N 00^09'12" W, 98.66 feet along Ule common line thereof to a 1/2" iron rod with plastic cop
stamped "SPk\KSLN6" |uuud for tile southeast corner ofthe intersection of East Coleman Street (n9O
foot right-of-way) with Victory Way (o 45 hoot right-of-way), as recorded on dle Final Plat of Lot 1, Block
A, Prosper High School, recorded in Cabinet ZV11, Pages 74 and 75, Plat Records, [oUio [uunty,Toxas;
THENCE along the east line of Victory Way,the following:
NUO~09'12"VV,6U6.6Zfeet;
NU8^03'%3" [' S9l69feet;
And N 00`02'24" W, 372I8 hzct 10 the ouu\hwcSi c01'11u/ Of u (ucl. coovcycd to f'/i-S^u Tu|ky.Iy
Partners, Ltd., /pcordpd inVo|vmp 562�, PaOp 38K3 DRrrT
THENCE along the common line thereof, thefo|k/m/inp:
349^51'41" E, 1l7.99feet;
SZ1^J1'lO^ E. 6}.70feet;
S69^31'4S" E, 129.31feet;
S74.22'3I" E, 182.83 feet;
Ordinance No.13-50pago*
S47~26.l4. E'Z24.67feet;
S78~09'36" E25S.13feet;
S68°26'2U" E, 1763.74feet;
S 43~09'14" E7S.14feet;
SU4^39'18"VV,6I76feet;
SO6l0'48" [° 111A3 feet;
And S72^16'23'' E, J433Ufeeiioi|mvouU/wcui cot urof,, \md conveyed 1u ��i`he/ yo/u'cu, LP,
recorded iuDucomeot No. l0111l/jUU1Z/l760U|KI|;
THEN(."E along the common Une (he/onr,Uhp |uUowioX:
N6S~')7'q/' F, 71RJ7fppl;
N7O^08'12" [,Z01.06feet;
S46~03'62" E, 189.44feet;
And SS4~O8'48" [, 1U7.20feet;
THENCE departing said line, the huUnwioQ:
54O^41YD" E,94.14feet;
519^SOlB" E113.3Ofeet;
S46^42'00" E,77.1Ofeet;
S54~42'5Y' [' 258.O7feet;
S47^18'56^ ['97.58frot;
S4Z^29'43" E, l44.l3feet;
And 366' 0'12" F' 1Zl.6O feet to the west line of Preston Road;
THEN[[ along the west line of Preston Road,the following:
S,0r5413.?I" [.4O.76 (ce\ to'1 112" |*oo rod With plastic cap (oumt
SO1`15'13^W, lGZ.15 feet koa1/2" iron rod with plastic cap stamped "Syk\kSEN6" set;
5O4^lS^11"W,4O0.9Z feet(oo1/Z" iron rod found;
Ordinance No.1x-5o.Page o
And SOO^54\47''W,352.72 feet tna6/8" iron rod found for the northeast corner cf said Gohantract;
THENCE S01*0D'19^ E, 585,10 foot continuing along the west line ofPreston Road to the PLACE OF
BEGINNING with ihem|jert tract containing S`l)'3l'8]1; square feet m/126.993ococsof|'IoJ.
C''
Ordinance No.13-50,Page 6
ME'rES AND BOUNDS DESCRIPTION
'rRACT "B"
BEING a tract of land situated in the S. Rice Survey, Abstract No. 787, City of Prosper, Collin County,
Texas, the subject tract being a portion of to tract of land conveyed to Ganapathy, Ltd, according, to the
deed recorded in Volume 5894, Page 1749 of the Deed Rocords, Collin County, Texas (DRICCT), the
subject tract being 11101V particularly dCSCl`ib(-LI 15 fOII0WS;
BE"GINNIN6 aL a point on the West line: of Preston Road, also known as State I lighway 289 (a V'Iriable
width public right-of-way) tor the southeast corner of a tract conveyed to 1,wislux Partners, L.P.,
recorded in Document No. 20111123001271760 DfT(.'F;
THENCL along the west line of Preston Road, the following:
S 01"21'29"W, 160.29 feet;
S 04-30'49"W, 100.13 feet;
S 0-1-22'49"W, 300.04 feet;
Ali(] S 00*54'33" E,82.14 feet;
r[iENCI-departing the west line of Preston Road,the following:
N 66-48-12"W, 121.60 feet;
N 42-29'43"W, 144.13 feet;
N 47-18'56"W,97.58 feet;
N 54-42-50"W,258.87 feet;
N W/12-00"W,77.10 feet;
N 19-50'05"W, 113.20 feet;
And N 40'41'0.2"W,94.14 feet to the SOUth HIIC Of Sifld-Swisher Partners trac=t;
THENCE along the common line thereof, the following:
N 01-21'42" E, 284.91 feet
S 88"33'18" E,298.00 feet
S 34-55TY- E,282.07 feet
Ordinance No.13-60,Page 7
And 5 88°35"29° E, 199.58 feet to the POINT OF BEGINNING with the subject tract containing 348,577
square feet or 8.009 acres of land,
4 '+•1
Ordinance No.13-50,Page 8
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ZONING EXHIBIT".4"
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-- CAMBRIDGE PARK ESTATES
..,r,..,..���u, - Tr --�-I j ZONED AGRICTTLTITR,%L
- SADOIP CREEK n1A5E OF✓E� _ 135 003 ACRE,(GROSS)/12M.0%3 ACRES(NET R O i\')
CUT O N OF PR RICE 9l'OUI .IES'NTY, EX S
OWN OF PROSPER,COI.LIN COI TNT]',TEXAS
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