19-04 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-04
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.399 ACRE, SITUATED IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS FROM SINGLE FAMILY-15 (SF-15) TO 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 the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Ben
and Teresa Hammond ("Applicant"), to rezone 0.399 acre of land, more or less, in the Collin
County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas,
from Single Family-15 (SF-15) to Downtown Office (DTO) 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 Zoning 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 0.399 acres of land, more or less, 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 zoned as Downtown Office
(DTO) 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/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 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. 19-04, Page 2
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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.
APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
SAS, ON THIS 8TH DAY OF JANUARY, 2019.
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APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
P,0�sj,
Ray Smith, Mayor
Ordinance No. 19-04, Page 3
EXHIBIT A
REPI A i I' _.AT BRYANTS ADDITION,
Bi C }f;3i 19, LOTS 9R & 10R
VOL. 2014, PG. 580 +
M.R.C.C.T. I
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(BROADWAY PER PLAT)
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BEARINGS ARE BASED ON THE RECORDED DEED,
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BEING LOTS 3 AND 4 AND A PORTION OF LOT 2, BLOCK 19. OF BRYANTS ADD] NON, AN ADDITION TO TIIE CRY OF PROSPER, COWN COUNTY, TEXAS.
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 IQ PAGE 162, MAP RECORDS, GOWN COUNTY, TEXAS, BEING ALLTHAT CERTAIN TRACT
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OF LAND DESCRIBED IN DEED TO STEVEN HAMMOND AND VICKY LYNNE HAMMOND, AS RECORDED IN INSTRUMENT NO 20160531000667750, OFFICUII
PUBLIC RECORDS, COLLIN CAUNTY- TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND DOUNOS DESCRIPTION ATTACHED HERETO
AND MADE A PAR F T HEREDF ON PAGE 2
FLOOD INFORMATION:
SURVEYOR'S CERTIFICATION:
THE SUBJECT PROPER FY DOES NOT APPEAR TO UE
THIS IS FO CERTIFY THAT ON THIS DATE A SURVEY'WAS MADE ON THE GROUND,'JNDEH MY SUPERVISION AND REFLECTS A TRUE AND CORRECT
WITHIN TI IF LIMITS OF A 100-YEAR FLOOD I HAZARD
REPRESENTATION OF THE DIMENSIONS AND CALLS OF PROPERTY LIN ES AND LOCATION AND TYPE OF IMPROVEMENTS THERE ARE NO VISIBLE AND
ZONE ACCORDING TO THE MAP PUBLISHED BY THE
APPARENT EASEMENTS,CONFLICTS, INTRUSIONS OR PROTRUSIONS. EXCEPT AS SHOWN THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION
FEDERAL EMERGENCY .MANAGEMENT AGENCY, AND
PURPOSES AND IS FOR THE EXCLUSIVE USE OF THE HEREON NAMED PURCHASER, MORTGAGE COMPANY, AND TRITE COMPANY ONLY AND THIS
HAS AZCNE'X'RATINO AS SHOWN BY MAP NO,
SURVEYIS MADE PURSUANT TO THAT CERTAIN TITLE COMMITMENT UNDER THE GF NUMBER SHOWN HEREON, PROVIO ED BY THE TITLE COMPANY
480600O235 J. DATED JUNE 2, 2009
NAMED HEREON AND THAT THIS DATE. THE EASEMENTS, RIGHTS -OF -WAY, 00 OTHER LOCATABLE MATTERS OF RECORD THAT THE UNDERSIGNED HAS
Ir)p OR HAS BETdI ADVISED ARE AS SHGWN OR NOTED HEREON, THIS SURVEY IS SUBJECT TOANY AND ALL COVENANTS AND RESTRICTIONS
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306 E. BROADWAY STREET, PROSPER, TX 75078
FIELD: 09nv1B
LOTS 3 & 4 AND PORTION OF LOT 2,
BLOCK 19, 811YANT'S ADDITIOIN
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Page 2 of 2
PREMIER SURVEYING LLC
5700 W. Plano Parkway, Suite 1200
Plano, Texas 75093
972-612-3601
Fax: 972-964-7021
Exhibit "A"
(306 E. BROADWAY STREET)
BEING LOTS 3 AND 4 AND A PORTION OF LOT 2, BLOCK 19, OF BRYANT'S ADDITION, AN ADDITION TO
THE CITY OF PROSPER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 116, PAGE 162, MAP RECORDS, COLLIN COUNTY, TEXAS, BEING ALL THAT CERTAIN TRACT OF
LAND DESCRIBED IN DEED TO STEVEN HAMMOND AND VICKY LYNNE HAMMOND, AS RECORDED IN
INSTRUMENT NO. 20180531000667750, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT SET MAG NAIL AT THE COMMON NORTH CORNER OF SAID LOT 4 AND LOT 5, SAID
BLOCK, SAID NAIL BEING THE NORTHEAST CORNER OF SAID HAMMOND TRACT, AND BEING ON THE
SOUTH LINE OF E. BROADWAY STREET (100 FOOT RIGHT-OF-WAY);
THENCE SOUTH 00° 45' 06" WEST, A DISTANCE OF 140.01 FEET ALONG THE COMMON LINE OF SAID LOTS
4 AND 5 TO A 1/2-INCH IRON ROD FOUND AT THE COMMON SOUTH CORNER OF SAID LOTS 4 AND 5,
SAID IRON ROD BEING THE SOUTHEAST CORNER OF SAID HAMMOND TRACT, AND BEING ON THE
NORTH LINE OF REPLAT PLAT BRYANT'S ADDITION, BLOCK 19, LOTS 9R & 10R, AN ADDITION TO THE
CITY OF PROSPER, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 2014, PAGE 580, AFORESAID MAP RECORDS;
THENCE WEST, PASSING THE COMMON SOUTH CORNER OF SAID LOT 4 AND AFORESAID LOT 3 AT A
DISTANCE OF 50.00 FEET, PASSING THE COMMON SOUTH CORNER OF SAID LOT 3 AND AFORESAID LOT
2 AT A DISTANCE OF 100.00 FEET AND CONTINUING A TOTAL DISTANCE OF 123.40 FEET ALONG THE
COMMON LINE OF SAID HAMMOND TRACT AND SAID REPLAT TO A 1/2-INCH IRON ROD FOUND AT THE
SOUTHWEST CORNER OF SAID HAMMOND TRACT;
THENCE NORTH 00' 10' 00" EAST, A DISTANCE OF 140.00 FEET ALONG THE WEST LINE OF SAID
HAMMOND TRACT TO A 1/2-INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID HAMMOND
TRACT, SAID IRON ROD BEING ON THE AFORESAID SOUTH LINE OF E. BROADWAY STREET;
THENCE EAST, PASSING THE CONM40N NORTH CORNER OF AFORESAID LOTS 2 AND 3 AT A DISTANCE
OF 24.83 FEET, PASSING THE COMMON NORTH CORNER OF SAID LOT 3 AND AFORESAID LOT 4 AT A
DISTANCE OF 74.83 FEET AND CONTINUING A TOTAL DISTANCE OF 124.83 FEET ALONG SAID SOUTH
LINE TO THE POINT OF BEGINNING AND CONTAINING 17,376 SQUARE FEET OR 0.399 OF ONE ACRE OF
LAND.
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Survey Plat of even date attached hereto and made a part hereof.
Date: 09/11/18
Ordinance No. 19-04, Page 5