19-43 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 19-43
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.317 ACRE, SITUATED IN THE COLLIN COUNTY SCHOOL
LAND, 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 Donald
and Marcey Mettica ("Applicant"), to rezone 0.317 acres 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 0.317 acre 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.
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. 19-43, 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 PR9,SPER,ITWS, ON THIS 25TH DAY OF JUNE, 2019.
PRE
Ray Smith, ayor
ATTES
Robyn ttle, Town Secre ary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 19-43, Page 3
Being all of Lot 2 and part of Lot 1, Block 13 of the Bryant's Addition, an Addition to the City of Prosper
according to the Plat thereof recorded in Volume 116, Page 162, Deed Records, Collin County, Texas and
being all of the tract of land described in Deed to Donald E. Mettica and Marcey L. Mettica as recorded
in Document No. 20140519000489600, Official Public Records, Collin County, Texas and being more
particularly described herein as follows:
BEGINNING at a 1/2 inch capped iron rod found in the South Right -of -Way line of East 3rd street for the
Northeast corner of said Lot 2 and the Northeast corner of the herein described tract, also being the
Northwest corner of Lot 3, Block 13;
THENCE South 00 degrees 37 minutes 23 seconds East, with the East line of said Lot 2 and the West line
of said Lot 3, a distance of 140.62 feet to a 1/2 inch capped iron rod found in the North line of a called
20 foot alley for the Southeast corner of said Lot 2 and the Southeast corner of said Mettica tract;
THENCE South 89 degrees 34 minutes 52 seconds West, with the South line of said Block 13 and the
North line of said alley, a distance of 91.90 feet to a 1/2 inch iron rod found for the Southwest corner of
said Mettica tract in the East Right -of -Way line of South Coleman Street;
THENCE North 09 degrees 21 minutes 37 seconds West, with the West line of said Mettica tract, along
the said East line of South Coleman Street, a distance of 50.17 feet to an "X" cut found in concrete for
corner;
THENCE North 01 degrees 07 minutes 12 seconds West, with the West line of said Mettica tract, along
the said East line of South Coleman Street, a distance of 90.45 feet to a 1/2 inch square rod found at the
intersection of the said South line of East 3rd Street and the East line of said South Coleman Street for
the Northwest corner of said Mettica tract;
THENCE North 89 degrees 13 minutes 46 seconds East, with the north line of said Mettica tract, along
the South line of said East 3rd Street, a distance of 100.31 feet to the POINT OF BEGINNING and
containing, within the metes and bounds herein recited, 0.317 of an acre of land, more or less.
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Resolution No. 19-43, Page 4
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SURVEYOR: OWNER:
Ipeline Land Services Inc. Marcey and Don Mettica
12 S. S. Woodrow Lane, Suite 200 3067 Falcon Road
Denton, TX 76205 Prosper, Texas 75078
/ 940-808-1191 214-914-1018
/ Daniel L. Jackson Marcey Mettica
E Broadway Street
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GRAPHIC 20SCALE
Being all of Lot 2 and part of Lot 1, Block 13 of the Bryant's Addition, an Addition to the Town of Prosper
according to the Plat thereof recorded in Volume 116, Page 162, Deed Records, Collin County, Texas and
being all of the tract of land described in Deed to Donald E. Mettica and Marcey L. Mettica as recorded
in Document No. 20140519000489600, Official Public Records, Collin County, Texas and being more
particularly described herein as follows:
BEGINNING at a 1/2 inch capped iron rod found in the South Right -of -Way line of East 3rd street for the
Northeast corner of said Lot 2 and the Northeast corner of the herein described tract, also being the
Northwest corner of Lot 3, Block 13, from which the approximate location of the Southwest corner of
the John R. Tumey Survey, Abstract No. 916 bears North 03 degrees 36 minutes 40 seconds West, 2,166
feet;
THENCE South 00 degrees 37 minutes 23 seconds East, with the East line of said Lot 2 and the West line
of said Lot 3, a distance of 140.62 feet to a 1/2 inch capped iron rod found in the North line of a called
20 foot alley for the Southeast corner of said Lot 2 and the Southeast corner of said Mettica tract;
THENCE South 89 degrees 34 minutes 52 seconds West, with the South line of said Block 13 and the
North line of said alley, a distance of 91.90 feet to a 1/2 inch iron rod found for the Southwest corner of
said Mettica tract in the East Right -of -Way line of South Coleman Street;
THENCE North 09 degrees 21 minutes 37 seconds West, with the West line of said Mettica tract, along
the said East line of South Coleman Street, a distance of 50.17 feet to an "X" cut found in concrete for
corner;
THENCE North 01 degrees 07 minutes 12 seconds West, with the West line of said Mettica tract, along
the said East line of South Coleman Street, a distance of 90.45 feet to a 1/2 inch square rod found at the
intersection of the said South line of East 3rd Street and the East line of said South Coleman Street for
the Northwest corner of said Mettica tract;
THENCE North 89 degrees 13 minutes 46 seconds East, with the north line of said Mettica tract, along
the South line of said East 3rd Street, a distance of 100.31 feet to the POINT OF BEGINNING and
containing, within the metes and bounds herein recited, 0.317 of an acre of land, more or less.
SYNOPSIS
Address:
Ex Zoning:
Proposed Zoning:
Proposed Use:
Lot Area:
FLOOD NOTE
102 E 3rd Street
Prosper, Texas 75078
R — Residential
DTO
Professional Office
0.317Acres (13,811 sf)
THE PROPERTY SHOWN HEREON APPEARS TO BE LOCATED IN A DESIGNATED
ZONE X AND DOES NOT APPEAR TO BE LOCATED IN A 100 OR 500 YEAR
FLOOD AREA AS PLOTTED ON COMMUNITY PANEL # 480141 0235 J OF THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE OR FLOOD
HAZARD BOUNDARY MAP BEARING AN EFFECTIVE DATE OF JUNE 2, 2009.
ENGINEER:
JP Engineering
700 S Central Expressway, Suite 400
Allen, Texas 75013
Phone (972) 467-7505
David Jones, P.E.
Contact: Bill Perman Project Manager
Case No. Z19-0009
EXHIBIT A
102 E. 3RD STREET
LOT 2 & PART OF LOT 1, BLOCK 13
BRYANT'S ADDITION
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
0.317 OF AN ACRE
13,811 Sq. Ft.
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Scale: 1 " = 20'
a
ame: Zoning Exh 5/01/2019t No.: 19012
Sheet
of
Resolution No. 19-43, Page 5