19-29 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-29
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 9.136 ACRES, SITUATED IN THE L. NEATHERLY SURVEY,
ABSTRACT NO. 962, IN THE TOWN OF PROSPER, DENTON COUNTY,
TEXAS FROM AGRICULTURAL (A) TO OFFICE (0); 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 Mav
Partners, LLC ("Applicant"), to rezone 9.136 acres of land, more or less, in the L. Neatherly
Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas, from Agricultural (A)
to Office (0) 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 L. Neatherly Survey, Abstract No.
962, in the Town of Prosper, Denton County. Texas, (the 'Property") and all streets, roads, and
alleyways contiguous and/or adjacent thereto is hereby zoned as Office (0) and being more
particularly described in Exhibit "A," attached hereto and incorporated herein for all purposes as
if set forth verbatim.
1
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
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. 19-29, Page 2
1
1
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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 14T" DAY OF MAY, 2019.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smith,`, ay�g �
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Ordinance No. 19-29, Page 3
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and wife,
Kathleen M. Warren
Volume 4987, Page 1980
R.P.R.D.C.T.
EXISTING ZONE:
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VICINITY MAP & EXISTING ZONING MAP
N.T.S.
EXISTING ZONING: A (9.136 AC)
PROPOSED ZONING: O-OFFICE (9.136 AC)
97 concrete . �82 AC s
e 5419, Page 7030 a called "PARCEL IV" BEING A TRACT OF LAND SITUATED IN THE L. NEATHERLY SURVEY, ABSTRACT NO. 962, IN DENTON COUNTY, TEXAS,
■ AND BEING THAT SAME TRACT OF LAND DESCRIBED BY DEED TO MAV PARTNERS, LLC, AS RECORDED IN DOCUMENT
R.P.R.D.C.T. concrete 35 9• N . ' Blue Star Allen Land, L.P., NUMBER 2014-63637, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.), AND BEING MORE
L++ storage building 24.3'J �~
Olt a Texas limited partnership PARTICULARLY DESCRIBED AS FOLLOWS:
Residence
(no foundation) pc Document No. 2011-60030 BEGINNING AT A'/z INCH IRON ROD WITH YELLOW CAP STAMPED "ARTHUR SURVEYING COMPANY' SET FOR THE
' SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, SAME BEING IN THE NORTH LINE OF THAT CERTAIN TRACT
4•
R.P.R.D.C.T. OF LAND DESCRIBED BY DEED TO PROSPER PARTNERS, LP, A TEXAS LIMITED PARTNERSHIP, AS RECORDED IN
porch•
(o well ' EXISTING ZONE: DOCUMENT NO. 2008-22064, R.P.R.D.C.T., AND BEING IN THE SOUTH LINE OF AN EAST -WEST ROAD COMMONLY KNOWN
' N of house co) AS "FISHTRAP ROAD";
SF PD-66 THENCE NORTH 00 DEGREES 05 MINUTES 00 SECONDS EAST, PASSING AT A DISTANCE OF 58.61 FEET A'/2 INCH IRON
PP 298.67' PP ROD WITH YELLOW CAP STAMPED "ARTHUR SURVEYING COMPANY" SET FOR THE SOUTHEAST CORNER OF THAT
H OHE SHE - HE -- 7 * CERTAIN TRACT OF LAND DESCRIBED BY DEED CHURCH OF CELEBRATION METRO, INC., AS RECORDED IN DOCUMENT
'--' �� �• NUMBER 2016-79355, R.P.R.D.C.T., CONTINUING ON SAID COURSE FOR A TOTAL DISTANCE OF 524.10 FEET TO A'/2 INCH
— F
LR.S. x S O1 �3O'1 O" E 3S2.S4' —\31 .•••• IRON ROD WITH YELLOW CAP STAMPED "ARTHUR SURVEYING COMPANY' SET FOR CORNER;
\ �♦ I-R.F. 0.58'
x F SAID CHURCH OF
.•,-►--••••� • OF PROP 55*50'3 COR. CELEBRATION RMETRO, TH 00 C�INC. TRACT, PASSING EN ROUTE THE REES 45 MINUTES 00 SECONDS TSOUTHEAST COR, CONTINUING NER NER OF THAT CERTTH THE EAST LINE OAIN TRACT OF LAND
,• DESCRIBED BY DEED TO CHURCH OF CELEBRATION METRO, INC., AS RECORDED IN DOCUMENT NUMBER 2014-56866,
R.P.R.D.C.T., CONTINUING ON SAID COURSE FOR A TOTAL DISTANCE OF 335.00 FEET TO THE WESTERNMOST
SOUTHWEST CORNER OF THAT CERTAIN CALLED "PARCEL IV" OF FOUR TRACTS OF LAND DESCRIBED BY DEED TO
BLUE STAR ALLEN LAND, L.P., A TEXAS LIMITED PARTNERSHIP, AS RECORDED IN DOCUMENT NO. 2011-60030,
## ��� R.P.R.D.C.T., SAME FROM WHICH A 1/2INCH IRON ROD FOUND BEARS NORTH 77 DEGREES 31 MINUTES 47 SECONDS
#.* APPROXIMATE LOCATION OF FLOOD EAST, A DISTANCE OF 0.43 FEET;
\ #� PLAIN LINE AS SCALED PER F.E.M.A. MAP THENCE NORTH 89 DEGREES 15 MINUTES 00 SECONDS EAST, WITH A SOUTH LINE OF SAID BLUE STAR ALLEN LAND,
Z •� L.P. TRACT, A DISTANCE OF 386.80 FEET TO A '/2 INCH IRON ROD WITH CAP FOUND FOR AN INNER -ELL CORNER
rn ��� THEREOF;
THENCE SOUTH 00 DEGREES 21 MINUTES 37 SECONDS WEST, WITH A WEST LINE OF SAID BLUE STAR ALLEN LAND,
Q j L.P. TRACT, A DISTANCE OF 350.62 FEET A''/2 INCH IRON ROD WITH CAP FOUND FOR CORNER;
THENCE SOUTH 74 DEGREES 58 MINUTES 01 SECONDS EAST, WITH A SOUTH LINE OF SAID BLUE STAR ALLEN LAND,
L.P. TRACT, A DISTANCE OF 166.83 FEET TO AN INNER -ELL CORNER THEREOF, SAME FROM WHICH A'/2 INCH IRON ROD
FOUND BEARS NORTH 55 DEGREES 50 MINUTES 30 SECONDS EAST, A DISTANCE OF 0.58 FEET;
THENCE SOUTH 01 DEGREES 30 MINUTES 10 SECONDS EAST, WITH A WEST LINE OF SAID BLUE STAR ALLEN LAND, L.P.
\6' TRACT, PASSING AT A DISTANCE OF 298.67 FEET A '/2 INCH IRON ROD WITH YELLOW CAP STAMPED "ARTHUR
cp _
SURVEYING COMPANY' SET FOR A POINT ON LINE, CONTINUING ON SAID COURSE FOR A TOTAL DISTANCE OF 352.54
\ 0 FEET TO A'/2 INCH IRON ROD WITH YELLOW CAP STAMPED "ARTHUR SURVEYING COMPANY" SET FOR CORNER IN THE
NORTH LINE OF SAID PROSPER PARTNERS, LP TRACT, AND BEING IN THE SOUTH LINE OF SAID FISHTRAP ROAD;
THENCE SOUTH 66 DEGREES 28 MINUTES 44 SECONDS WEST, WITH THE NORTH LINE OF SAID PROSPER PARTNERS,
�\ LP TRACT AND THE SOUTH LINE OF SAID FISHTRAP ROAD, A DISTANCE OF 189.04 FEET TO A'/2 INCH IRON ROD WITH
C.M.— YELLOW CAP STAMPED "ARTHUR SURVEYING COMPANY' SET FOR CORNER, SAME BEING THE BEGINNING OF A
b I.R.F. NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 1835.05 FEET AND WHOSE CHORD BEARS SOUTH 80
DEGREES 45 MINUTES 50 SECONDS WEST, A DISTANCE OF 244.51 FEET;
THENCE WITH THE NORTH LINE OF SAID PROSPER PARTNERS, LP TRACT, WITH THE SOUTH LINE OF SAID FISHTRAP
ROAD, AND WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 07 DEGREES 38 MINUTES 24 SECONDS,
AN ARC LENGTH OF 244.69 FEET TO A '/2 INCH IRON ROD WITH YELLOW CAP STAMPED "ARTHUR SURVEYING
COMPANY" SET FOR CORNER;
THENCE SOUTH 88 DEGREES 45 MINUTES 40 SECONDS WEST, WITH THE NORTH LINE OF SAID PROSPER PARTNERS,
LP TRACT AND THE SOUTH LINE OF SAID FISHTRAP ROAD, A DISTANCE OF 145.44 FEET TO THE POINT OF BEGINNING
AND CONTAINING A TOTAL OF 9.136 ACRES OF LAND, MORE OR LESS, AND BEING SUBJECT TO ANY AND ALL
EASEMENTS THAT MAY AFFECT.
FLOODPLAIN NOTE
THE PROPERTY DESCRIBED HEREON PARTIALLY LIES WITHIN THE 100-YEAR
FLOOD ZONE AREA ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FLOOD INSURANCE RATE MAP COMMUNITY -PANEL NO. 480774 0430 G,
PRESENT EFFECTIVE DATE OF MAP, APRIL 18, 2011, HEREIN PROPERTY
SITUATED WITHIN ZONE "X" AND ZONE "A".
PROSPER FISHTRAP MOB
CASE #: Z 19-0002
OWNER:
MAV PARTNERS, LLC
5628 SAIN PETER DR
PLANO, TX 75093
TEXAS REGISTRATION #14199
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APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572 CONTACT NAME: MATT MOORE
SURVEYOR:
ARTHUR SURVEYING CO.
220 S. ELM STREET, SUITE: 200
LEWISVILLE, TEXAS 75057
PH: 972.221.9439 CONTACT NAME: DOUGLAS ARTHUR
LEGAL DESCRIPTION:
BEING A 9.136 AC TRACT OF LAND SITUATED IN THE L. NEATHERLY
SURVEY, ABSTRACT NO. 962, IN DENTON COUNTY, TEXAS, AND BEING
THAT SAME TRACT OF LAND DESCRIBED BY DEED TO ROBBIE R.
REYNOLDS AND WIFE, SHARON REYNOLDS, AS RECORDED IN DESIGN:
VOLUME 1035, PAGE, 903 OF REAL PROPERTY RECORDS OF DENTON DRAWN:
COUNTY, TEXAS (R.P.R.D.C.T.)
CHECKED:
DATE:
CITY:
TOWN OF PROSPER
COUNTY SURVEY:
DENTON L. NEATHERLY SURVEY
STATE: SHEET
TEXAS A
ABSTRACT NO.
962
File No.
H'
MAr
02/18/201
Ordinance No. 19-29, Page 4