19-07 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-07
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20,
AS AMENDED, BY REPEALING IN ITS ENTIRETY ORDINANCE NO. 18-36,
AS AMENDED, FOR A TRACT OF LAND CONSISTING OF 0.97 ACRE, MORE
OR LESS, SITUATED IN THE M.E.P. & P.P.R. SURVEY, ABSTRACT NO.
1476, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS; 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 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from
Northwest 423-380, L.P. ("Owner"), the owner of the subject tract of land, to repeal Specific Use
Permit-26 (S-26) for Drive -Through Restaurant Uses as established by Ordinance No. 18-36 for
the purpose of developing the property in accordance with the base Commercial (C) Zoning
District, consisting of 0.97 acre of land, more or less, situated in the M.E.P. & P.P.R. Survey,
Abstract No. 1476, in the Town of Prosper, Denton County, Texas; 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 repeal the 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 by repealing
SUP-26, 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Specific Use Permit Repealed. The Town's Zoning Ordinance is amended as follows:
Specific Use Permit-26 (S-26); established by Ordinance No. 18-36, is hereby repealed on a
tract of land zoned Commercial (C) consisting of 0.97 acre of land, more or less, situated in the
M.E.P. & P.P.R. Survey, Abstract No. 1476, in the Town of Prosper, Denton County, Texas. All
development on the Property shall be consistent with the requirements of the Commercial (C)
zoning district regulations contained in the Town's Zoning Ordinance.
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, 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. 19-07, Page 2
SECTION 7
Savino/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 PASS �tA� VED, AND ADOPTED BY THE TOWN COUNCIL OF THE
i �, TOWN OF PRO DER �jJHIS 8TH DAY OF JANUARY, 2019.
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Ray Smith, M yor
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Robyn Ba le, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 19-07, Page 3