19-28 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-28
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE FUTURE LAND USE PLAN MAP OF THE TOWN OF
PROSPER'S COMPREHENSIVE PLAN; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that the Future Land Use Plan of the Town of Prosper ("Prosper")
Comprehensive Plan, adopted by Ordinance No. 12-21, as amended, should be amended, and
WHEREAS, Prosper received a request to amend the Future Land Use Plan from
Medium Density Single Family to Retail & Neighborhood Services, generally located on the
north side of Fishtrap Road, west of Legacy Drive (Case CA19-0001).
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial, and in the
best interests of the citizens of Prosper to amend a portion of the Comprehensive Plan as set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SFrTION 9
Amendment to Prosper's Comprehensive Plan, Ordinance No. 12-21. The Future Land
Use Plan Map of the Town of Prosper's Comprehensive Plan, adopted by Ordinance No. 12-21,
as amended, is hereby amended to reflect Retail & Neighborhood Services on the north side of
Fishtrap Road, west of the 100-Year Floodplain, as depicted in Exhibit A, attached hereto and
incorporated by reference.
SFCMOKI I
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.
1
1
SECTION 4
Savings/Repealing Clause. Prosper's Comprehensive Plan, adopted by Ordinance 12-
21, 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 5
Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14T" DAY OF MAY, 2019.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Terrence Terrence S. Welch, Town Attorney
Ray Smith, Oayor
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Ordinance No. 19-28, Page 2
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Low Density Residential
Old Town District
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Medium Density Residential
High Density Residential
Town Center Gateway
Tollway District
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Retail & Neighborhood Services
Minor
US 380 District
Business Park
100 Year Floodplain C& Town of • •
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