13-03 O - Rezone 5.115 acres located on the Southeast Corner of Fishtrap Rd and Good Hope Rd from Agricultural to Single Family SF-10, Z12-0010 TOWN OF PROSPER,TEXAS ORDINANCE NO. 13-03
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 5.115 ACRES, MORE OR
LESS, SITUATED IN THE J. BATES SURVEY, ABSTRACT NO. 1620, IN THE
TOWN OF PROSPER, DENTON COUNTY, TEXAS, HERETOFORE ZONED
AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF SINGLE FAMILY-10 (SF-10); 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 TVG Texas 1,
LLC ("Applicant") to rezone 5.115 acres of land, more or less, situated in the J. Bates Survey, Abstract
No. 1620, in the Town of Prosper, Denton 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 l: Findinas Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if frilly set forth herein.
SECTION 2: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the property containing 5.115 acres of land, more or less,
situated in the J. Bates Survey, Abstract No. 1620, in the Town of Prosper, Denton County, Texas, (the
"Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as
Single Family-10 (SF-10). 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: Penal . 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 fiill 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.
SECTION 7: Savings/Revealin4 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 ON THIS 22nd DAY OF JANUARY, 2013.
0'0s®✓ APPROVED S TO FARM:
l
Ray Smit} Mayor
. ATTESTER•T0 ACID
1C0,9P E(? `LY 1 CORDED BY:
Amy Piukana, T Secretary
i
DATE OF PUBLICATION. } —/ Prosper Press
ZONING EXHIBIT
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the J. Bates Survey, Abstract No. 1620, Town of Prosper,
Denton County, Texas, the subject tract being all of a tract of land conveyed to Judy Reeves, the
subject tract being more particularly described as follows;
BEGINNING at a point in the centerline of Fish Trap Road that bears North 00°16'13" West,
35.54 feet from a 1/2" iron rod found on the south line of Fish Trap Road for the northeast corner
of the subject tract;
THENCE South 00°16'13" East departing said centerline of Fish Trap Road and passing at a
distance of 35.54 feet the northwesterly corner of that certain tract described in deed to TVG
Texas I, LLC, recorded in Document Number 2012-59927 of the Deed Records, Denton County,
Texas, for a total distance of 232.76 feet along the common line thereof to a 1/2" iron rod with a
yellow cap stamped "SPIARSENG" set;
THENCE South 89°14'55" West, 963.19 feet continuing along the common line thereof, to the
centerline of Good Hope Road;
THENCE North 00°16'25" East, 230.42 feet along said centerline of Good Hope Road to said
centerline of Fish Trap Road, from which a PK nail found bears South 00°16'49" West, 1.23 feet;
THENCE North 89°06'25" East, 961.02 feet along said centerline of Fish Trap Road to the
PLACE OF BEGINNING with the subject tract containing 222,789 square feet or 5.115 acres of
land.
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