14-17 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 14-17
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 0.66 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
AMENDED AND PLACED IN THE ZONING CLASSIFICATION OF
DOWNTOWN SINGLE FAMILY (DTSF); 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 Castle
Park Holdings, LLC ("Applicant") to rezone 0.66 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 Zoning Ordinance No. 05-20., Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the property containing 0.66 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 Single Family (DTSF). 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 o1aDs. standards, and uses for the Property shall oOrnoly fully with the
requirements of all ordiDaDoeo, ru/es, and regulations of the Town of Proaper, as they currently
exist ormay hoamended.
Three (3) original, OffiCig|, and identical copies of the zoning exhibit Dl8p are hereby
adopted and shgUbe�|edand nlaiDt8iOed8SfVUOvvs:
@. Two i2\ copies ah8U 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 Ou/kj|ng CUfkci8/ and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and OnCup8Doy and enforcing the
zoning OnUjDanc8. Reproduction for information purposes may from dnle-LO'timebo
made of the official zoning district 08p.
Written notice of any amendment tOthis 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 |nterest/Fleoe8i NV developer or property owner shall acquire any vested
interest in this Ordinance or in any Other specific regulations contained herein. Any pUnhOD of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
I SECTION 4
UO|8vVfu| Use Of Premises. It shall be uO|8VVfu| for any person, firm Or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
ah8U be unlawful for any person, firm Orcorporation tO construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION
� � Pen8�Y. Any perSO0, firm, orbu�Oeaa entity violating this Ordinance or any
N
prOs0D of PrOSper's Zoning Ordinance NO. 05-20. oras @m0eOded, shall be deemed guilty of
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 ahGU constitute a
separate offense. The penal pnDVisiOOS imposed under this Ordinance shall not pnaC|ud8
Prosper from filing suit to enjoin the violation. Prosper retains all |eQ8| rights and remedies
available tOitpursuant tolocal, state and federal law.
Severability. Should any sectiDn, subsent/0n, sentence, clause or phrase of this
{}ndiD8OCe be declared unconstitutional Or iOV8Ud by @ court Of competent j.hsdicdOD, it is
expressly provided that any and all [enO8iOiO0 portions of this Ordinance shall RsmUGiO in full force
and effect. Prosper hereby declares that it would have passed this Ordinanme, and each
oectiDn, oubaection, clause or phrase thereof irrespective of the fact that any one or more
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sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Ordinance No. 14�7,Page 2
ISECTION 7
Savincis/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 25TH
DAY OF MARCH, 2014.
ATTEST:
1 ---7 64,tl 2�vb
Robyn Battlq, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smith, Mayor
Ordinance No. 14-17, Page 3