99-50 O - Special Use Permit for a Drywall Retail Business Originally Zoned SF-1 • ` 98— 0127700
TOWN OF PROSPER, TEXAS ORDINANCE NO. 9 9-5 0
cn
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING N
PROSPER'S ZONING ORDINANCE NO. 84-16; GRANTING A SPECIAL USE
PERMIT FOR THE OPERATION OF A DRYWALL RETAIL BUSINESS
LOCATED ON A TRACT OF LAND IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 172, IN THE TOWN OF PROSPER, (IV
COLLIN COUNTY, TEXAS, CONTAINING 30.0 ACRES MORE OR LESS;
PROVIDING FOR CERTAIN RESTRICTIONS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS 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"),
pursuant to a notice being duly posted according to law, conducted a public hearing wherein a
request was made by Roy Finney ("Applicant")to allow a Special Use Permit for the operation
of a drywall retail business on a tract of land zoned Single-Family Residence District- 1 (SF-1)
situated in the Collin County School Land Survey, Abstract No. 172 in the Town of Prosper,
Collin County, Texas ("Prosper"), involving 30.0 acres more or less, and as more particularly
described in Exhibit"A", attached hereto and incorporated herein for all purposes (the
"Property"); and
WHEREAS,the Town Council finds that Applicant has agreed to comply with all
provisions of the ordinances of Prosper, including but not limited-to, Prosper's Zoning Ordinance
No. 84-16 and any amendments thereto, and has further agreed to comply with the additional
restrictions set forth herein and the conditions set forth in the attached site plan; and
AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR THE OPERATION OF A DRYWALL RETAIL BUSINESS-Page 1
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WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to amend Prosper's Zoning Ordinance No.
84-16 and grant the Special Use Permit; and
WHEREAS, the Town Council finds that such grant will not be detrimental to public
health, safety or welfare and that the Special Use Permit should be granted.
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: Special Use Permit Granted: Applicant is granted a Special Use Permit to
allow the operation of a drywall retail business in the Collin County School Land Survey,
Abstract No. 172, in Prosper, containing 30.0 acres more or less, subject to compliance with the
conditions expressly stated in the concept plan and/or site plan attached hereto as Exhibit "B"
and incorporated herein for all purposes, including the following:
The exterior facades for the warehouse and office shall be constructed of stucco.
The road allowing ingress and egress to the Property must be sixteen feet (16')
wide and constructed of concrete at a minimum of six inches (6,") in depth.
SECTION 3: Failure to Comply/Not Assignable or Transferrable. Except as otherwise
1, stated above, all terms of the Special Use Permit shall be complied with prior to issuance of a
certificate of occupancy. Failure to comply with any term or condition of this Ordinance,
applicable exhibits, or Prosper's Zoning Ordinance No. 84-16, as it exists or may be amended,
AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR THE OPERATION OF A DRYWALL RETAIL BUSINESS-Page 2
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will result in the Special Use Permit being declared null and void and of no force and effect. The
Special Use Permit is issued to the person named above and is not assignable or transferrable.
SECTION 4: Special Use Permits Regulations. Upon holding a properly notified public
hearing,the Town Council may amend, change, or rescind a special use permit if:
1. There is a violation and conviction of any of the provisions of this Ordinance or
any ordinance of Prosper that occurs on the Property for which the Special Use
Permit is granted.
2. The building,premise and/or land used under a Special Use Permit is/are
enlarged, modified, structurally altered or otherwise significantly changed unless
a separate Special Use Permit is granted for such enlargement, modification,
structural alteration or change;
3. There is a violation of any provision of the terms or conditions of this Special Use
Permit;
4. Ad valorem taxes on the Property are delinquent by more than six (6)months;
and/or
5. The Special Use Permit was obtained by fraud or with deception.
SECTION 5: Compliance/Special Use Permit Effective Date. The Applicant shall
comply with all the terms and conditions of the ordinances of Prosper, including but not limited
c,
to, Prosper's Zoning Ordinance No. 84-16, as it exists or may be amended. Applicant shall, in
the operation of a drywall retail business, further comply with the restrictions set forth herein.
This Special Use Permit shall be effective from and after the effective date of this Ordinance.
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SECTION 6: Unlawful Use of Premises. It shall be unlawful for any person, firm or
corporation to make use of the above-referenced property in some manner other than as
authorized by this Ordinance or other applicable Ordinances.
SECTION 7: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 84-16, or as
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
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 8: Savings/Repealing Clause. Prosper's Zoning Ordinance No. 84-16
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 repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 9: Severability. Should any section, subsection, sentence, clause or phrase of
i 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
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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 10: Effective Date. This Ordinance shall become effective from and after its
adoption and publication, as may be required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
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PR-M1�/yOSPER, TEXAS on this /� day of dC�d�,� 1999.
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\ 'tip�;:-11 O_. -C.0 ECORDED BY: APPROVED AS TO FORM:
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` , S :-r EY yL k 1i ABERNATHY ROEDER, BOYD
Town_Secretary>: - &JOPLIN, P.C.
RICHARD M. ABERNATHY
REBECCA BREWER
City Attorneys
DATE OF PUBLICATION: OCTOBER:.15, 1999 , .
AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR THE OPERATION OF A DRYWALL RETAIL BUSINESS-Page 5
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AU that certain lot: , tract or .parcel of land lying and being Sit
in Collin County , Texas , and in the Collin County School Land Sur'
Abstract No , 172 and being part of a 259 . 422 acre tract conveyed
Warranty Dead dated November 20, 1975 from William J . McPertland
Richard ;1 ,, Kendrick , III , and recorded in volume 978 , Page 869 , ,D,
Records of Collin County , Texas and being more fully described as
follows ; ,
i t n re.rd tha Northwest corner of said 259 . 422
acre tract , .said corner located in the East right of way of State
t : Highway 289 ;
THENCE in an 'Ees ter 1y direction with the North line of said 259 . 4 :
acre tract and with established fence and hedge row as follows :
North 88 ° 51 ' Ea, e a d.istmnr,e of 563 feet ,4 North 98 °48 ' E4s0; e distance of 178 feet ;
North 88135 ' East a distance of 300 feet ;
0• North 83 '' 52 ' Eaet a distance of 4.63 feet. ;
i North 88114 $ ' .East a distance of 137 feet;
North 88155 ' 'East a distance of 300 feet , and North 88s'31 ' East
a distance of 618 , 1 feet to a 1/2" iron rod for angle point ;
THENCE North 86 ' 35 ' East a distance of 9 . 4 feet to a creosote
corner post';
THENCE in a Southerly direction -with new ,fence as follows :
South 2 ° 02 ' East a distance of 330 . 7 feet and South 1'03 ' East
a distance of '28 . 03 feet , to a 1/2" iron rod ;
WHENCE South •82 .13 ' 49 " West a distance of 2622 . 32 feet to a right
of way marker set in the East right of way of State Highway 289 ;
THENCE North 1 ' 35 ' East with the East right of way of said Highway
289 a distance of 656 . 46 to the PLACE OF BEGINNING and CONTAINING
30 . 0 acres of land , together with. the following described 30 foot
roat1wey easement
ROADWAY EASEMENT :
An easement for ingress , egress and regress in , upon and across th
following described tract , being a part of the above described 30
41 acre tract and being more fully described as follows :
BEGINNING at the Southwest corner at a right of way marker located
• ' in the East right of way line of State Highway No. 289 of said 30
acre tract.; .
THENCE North 82 ° 13 ' 49° East a distance of 760 feet to a point ;
THENCE North l ° 12 ' West a distance of 330 feet to a point ;
THENCE South 88 ° 48 ' West a distance of 30 feet to a point;
THENCE South 1 °12 ' East a distance of 303 . 26 feet to a point;
THENCE South 92' 13 ' 49 " West a distance of 724 . 86 feet to a point ;
THENCE South 1 ° 35 ' West with the East right n:• way line of State
Highway No . 289 a distance of 30 , 40 feet to the PLACE OF BEGINNING
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City" Prosper
P.O. 507
Prosper,IX 75078
DESCRIBED�REN MEIN Al.PRCWrYO E(AUSE OF COLOR OR THE SALE,R RACE I$I AI,J COI LISE D AND
U(TN�{E�NFORCEABLE(MOM AEOER L LAW
f STATE OF VAS) (COUNTY OF COLLIN)
lad me�srart an that nul t ii b�yy mendd`wa diAy REC RECORDED,In*twos
s ORIEJM1 Public
Retards d Real Property or Collin CaonN,Two on
OCT 1 3 1999
Ak
Filed for Record in:
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1999/10/13
At 3:11P
Number: 99- 0127700
Type : OR 23.00