01-22 - O05023 01733
TOWN OF PROSPER
ORDINANCE N&.4S 96—
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE
NO. 84-16; REZONING A TRACT OF LAND CONSISTING OF 275.75
ACRES, MORE OR LESS, SITUATED IN THE WILLIAM H. THOMPSON
SURVEY, ABSTRACT NO. 895 AND SPENSER GRAHAM SURVEY,
ABSTRACT NO. 359 IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS HERETOFORE ZONED AS SINGLE-FAMILY RESIDENCE
DISTRICT-1 (SF-1) UPON ITS ANNEXATION AND IS TO BE REZONED AS
PLANNED DEVELOPMENT; 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 of Prosper, Texas ("Prosper") has received a request from
Tuscany Prosper L.P. to rezone 275.75 acres of land, more or less, situated in the William
H. Thompson Survey, Abstract No. 895 and Spencer Graham Survey Abstract No. 359 in
the town of Prosper, Collin County, Texas ("Prosper"); and
WHEREAS, the Town Council of Prosper (the "Town Council") has investigated
into 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, and public hearings have been held on the proposed rezoning
and all other requirements of notice and completion of such zoning 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: The zoning designation of the below -described property containing
275.75, more or less, situated in the William Thompson Survey, Abstract No 895 and
Spencer Graham Survey Abstract No. 359 in the Town of Prosper, Collin County, Texas,
(the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is
hereby rezoned as Planned Development District.
Three original, official and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
b. One (1) copy shall be filed with the building inspector 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.
Written notice of any amendment to this Planned Development District shall be
sent to all property owners within two hundred feet (200') of the specific area to be
amended.
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SECTION 3: 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: 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 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 any sum not exceeding Two Thousand Dollars ($2000.00). 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.
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SECTION 7: All ordinances in conflict herewith are repealed to the extent they
are in conflict. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 8: This Ordinance shall become effective from and after its adoption
and publications as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS on this 9th Day of October, 2001.
ATTESTED TO AND
CORRECTLY RECORDED BY:
Amber Phillips
Town Secretary
APPROVED AS TO FORM:
J' Dunmire
Mayor
DATE OFPUBLICATION. September 15, 2001, McKinney Courier Gazette.
K-w- gez-trkA Pea§e-
re
4 Of Prosper
P.O. Box 307
Prosper, TX 76M
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ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE
O SMBED REAL PRCPERT'r BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW
(THE STATE OF TEXAS) (COUNTY OF COLLIN)
I hereby certify that this inshumant was FLED in the File Number Sequence on the date
and the hnme stamped hereon by me; U, was Vuly RECORDED, in the Official Public
Records of Real Property of Cetim County, Texas on
OCT ). 2 2001
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Filyd rc.r Record in:
Cc; 1n ol?nty, McKiTtney TX
Honorable Helen Starnes
C011iTT County Clerk
On Oct 12 2001
At 11:22am
Doc/Nura : 2001- 01299?8
RecordingIType:OR 0
Receipt #: 33703