97-20 O - Ordinance Amending No. 84-16, Rezone from SF-1 to SFE-2 TOWN OF PROSPER, TEXAS ORDINANCE NO. 97-20
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;
REZONING A TRACT OF LAND CONSISTING OF 37.756 ACRES,MORE OR
LESS, SITUATED IN THE ELISHA CHAMBERS SURVEY, ABSTRACT NO.
179,IN THE TOWN OF PROSPER, COLLIN COUNTY,TEXAS HERETOFORE
ZONED SINGLE-FAMILY RESIDENCE DISTRICT-1 (SF-1) UPON ITS
ANNEXATION IS REZONED SINGLE-FAMILY ESTATE DISTRICT-2(SFE-2);
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 of Prosper, Texas ("Prosper")has received a request from FFF
Preston Hills I.I.I., Ltd. to rezone 37.756 acres of land, more or less, situated in the Elisha
Chambers Survey, Abstract No. 179, in the Town of Prosper, Collin County, Texas ("Prosper");
and
WHEREAS,the Town Council of Prosper(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: The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
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SECTION 2: The zoning designation of the below-described property containing 37.756
(
acres,more or less, situated in the Elisha Chambers Survey, Abstract No. 179, 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 Single-Family Estate District-2 (SFE-2).
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 the original
records and shall not be changed in any manner.
b. One (1) copy shall be filed with the building inspector 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 Planned Development District shall be sent to all
property owners within two hundred feet(200') of the specific area to be amended.
,SECTION 3: 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: 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 it 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 PROVISION. Any person, am, corporation or business entity
violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 84-16, or as
ORDINANCE REZONING 37.756 ACRES FROM SF-I TO SFE-2-Page 2
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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.
,SECTIOIT 6: ,SEVFRABTLITY. 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.
SECTION 7: All ordinances in conflict herewith are repealed to the extent they are in
conflict. Any remaining portions of said ordinances shall remain in full force and effect.
,S.FCTION8: This Ordinance shall become effective from and after its adoption and
publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 9 day of 1997.
S E COFFM ayor
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ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
/'�l� Y i2e C1ed-��
SHIRLEY J4'SON ABERNATHY, ROEDER,ROBERTSON
Town Secretary BOYD &JOPLIN, P.C.
. , t ;,, ,; RICHARD M. ABERNATHY
Pis 1.fi rW
.,� w' . D. KAY WOODS
?, - ,- tk 0 F..P� ",,I Town Attorneys
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P.O. BOX 307 •
Mt PER, TEXAS 75078
DATE OF PUBLICATION: DECEMBER 17, 1997 ,McKinney Courier Gazette
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