19-22 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-22
' AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.302 ACRE, SITUATED IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS FROM SINGLE FAMILY-15 (SF-15) TO DOWNTOWN
OFFICE (DTO); 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 the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from D
Constantine Enterprises, LLC ("Applicant"), to rezone 0.302 acre of land, more or less, in the
Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas, from Single Family-15 (SF-15) to Downtown Office (DTO) and being more particularly
described in Exhibit "A," attached hereto and incorporated herein for all purposes; 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 for rezoning 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 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
Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 0.302 acres of land, more or less, 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 zoned as Downtown Office
' (DTO) and being 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.
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
I
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, 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
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. 19-22, Page 2
SECTION 7
' Savings/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 PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF APRIL, 2019.
ATTEST:
Al
Ray Smith Mayor
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pF PRO'S,
191A
APPROVED AS TO FORM AND LEGALITY: �I'.,
Town Secretary
Terrence S. Welch, Town Attorney
Ordinance No. 19-22, Page 3
PRECISE LAND SURVEYING, INC.
DALLAS FORT WORTH
PH. 972-681-7072 PH. 17-451-0522
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LIBRADO PEREZ and wife,
MARIA PEREZ
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THIS IS TO DECLARE that on this date a survey was made on the ground, under my direction and supervision of
the property located at 203 N. COLEMAN STREET, and Being Lot 3R, Block 2, of the J. P. Mitchells Addition, an
addition to the Town of Prosper, Collin County, Texas, according to the plat recorded in Volume Q, Page 67, Plat
Records, Collin County, Texas.
There are no visible conflicts or protrusions, except as shown.
The subject property does not appear to lie within the limits of a 100-year flood hazard zone according to the
map published by the Federal Emergency Management Agency, and has a Zone "A" Rating as shown by Map No.
48085CO235 J, dated JUNE 20, 2009. The statement that the property does or does not lie within a 100-year
flood zone is not to be taken as a representation that the property will or will not flood. This survey is not to
be used for construction purposes and is for the exclusive use of the hereon named purchaser, mortgage
company, and title company only and this survey is made pursuant to that one certain title commitment under
the GF number shown hereon, provided by the title company named hereon and that on this date the easements,
rights -of -way or other locatable matters of record of which the undersigned has knowledge or has been advised
are as shown or noted hereon. This survey is subject to any and all covenants and restrictions of record
Dertainina to the recorded Dlat.
DATE: 08/31/10 TECH: RLH FIELD: JS
DATE:
FIELD DATE: 08/30/10 JOB NO: 510-2185
REVISED:
ACCEPTED BY:
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