19-70 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-70
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 5.737 ACRES, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS FROM PLANNED DEVELOPMENT-65
PD-65) 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
Prosper Villages at Legacy, LLC ("Applicant"), to rezone 5.737 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 Planned Development-65 (PD-65) 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 5.737 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 Office (0) 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, subject to the following condition of approval by the Town Council:
The approval of a Development Agreement, including right-of-way and easement
dedication and masonry regulations consistent with the Town's masonry requirements
for office structures.
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. 19-70, 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 PAS§E3, I PROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSP T THIS 24T" DAY OF SEPTEMBER, 2019.
Ray Smith, yor
ATTEST: .191
Town Secretary
APPROVED AS TO FORM AND LEGALITY:
J--_ /�-�
Terrence S. Welch, Town Attorney
1
Ordinance No. 19-70, Page 3
` L07 2, BLOCK B � '1 1
PROSPER CENTER, BLOCK B, LOTS 1 R AND 2 f 1 ! REMAINDER OF
CALLED 55.50 ACRES
DOC. NO, 2016-241, P.R.D.C.T.
1 110 PROSPER PROPERTY, LP
\_. VOL. 2016, PG. 400, P.R.C.C.T.
INSTR. NO.20091218001516510
EXISTING ZONING: PD-65 _.____ O.P.R.C.C.T.
t
� EXISTING LAND USE: AGRICULTURE EXISTING PD-79
- ......FUTURE LAND USE TOLLWAY DISTRICT i 1
--- ---_ _-_----- - - - -
EXISTING LAND USE. AGRICULTURE
- - - - -t - - - - - - - =- - - - - - - - - - - - - - FUTURE LAND USE: TOLLWAY DISTRICT
P.O.B.,
\ \ S89°40'36"E 1 340b0' 4 - -
..
5/8" IRFC
KHA
U-) PE3
R I E DRIVE
o SOUTHEAST CORNER OF L.
L6 NETHERLY SURVEY, ABSTRACT
- _ ....__. NO.962 BEARS S 52`07' W, 2623'
I U ATMOS ENERGY CORPORATION
\ EASEMENT AND RIGHT-OF-WAY
l INST. NO.20171020001402920 \ R 25' LANDSCAPES I \ I
O.P.R.C.C.T. FUTURE
EASEMENT
_ I (
\ I 50.0' 1
40' SANITARY SEWER EASEMENT,
-- INST. NO.20150903001126910 AND j 1
20150903001126920,O.P.R.C.C.T. ( I
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__..... ,
_-. ,' � `�� I 1 ( CALLED 20.000 ACRES
MSW PROSPER 380, LP
INSTR. NO.20131226001678930
O.P.R.C.C.T.
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EXISTING ZONING: PD-47
"' 5.737 ACRES (GROSS) I
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w 249,901 SQ. FT. I N ( EXISTING LAND USE: AGRICULTURE
l I I FUTURE LAND USE: TOLLWAY DISTRICT
\ .N 4.639 ACRES (NET) 1-,40.0' I
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202,091 SQ. FT.
1
REMAINDER OF LOT 2, BLOCK D PORTION OF LOT 2, BLOCK D
PROSPER CENTER, BLOCK D, LOTS 2, 3 AND 4 PROSPER CENTER, BLOCK D, LOTS 2, 3 AND 4
VOL. 2018, PG. 308, P.R.C.C.T. VOL. 2018, PG. 308, P.R.C.C.T. I I'
I
EXISTING ZONING: PD-65
EXISTING ZONING: PD-65 �����`
PROPOSED ZONING: OFFICE
EXISTING LAND USE: AGRICULTURE I -
FUTURE LAND USE: US 380 DISTRICT EXISTING LAND USE: AGRICULTURE
FUTURE LAND USE: US 380 DISTRICT 6,? I 1 I
50 ENERGY TRANSFER
FUEL LP EASEMENT
INST. NO.2006-0001078
O.P.R.C.C.T.
6'
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EASEMENT I I I
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55' T MP. CONSTRUCTIC� I `
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INST 0. 20150903001126910 AND',
01 0903001126920, O.P.R.C.C.T:
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140.0'
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GRAPHIC SCALE IN FEET
10'kMOS ENERGY CORPORATION
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0 20 ao so _.
_.-. EASEMENT ANDRIGHT-OF-WAY I i
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MEL INST. NO. 20171020001402920
1" = 40' @ 24X36 O.P.R.C.C.T. ( 1 I
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LEGEND
P.O.B. = POINT OF BEGINNING
IRSC = 5/8" IRON ROD W/ "KHA" CAP SET
IPF = IRON PIPE FOUND
INST. = INSTRUMENT
DOC. = DOCUMENT
NO. = NUMBER
VOL. =!VOLUME
PG. = PAGE
D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS
O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS
P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS
P.R.C.C.T. = PLAT RECORD, COLLIN COUNTY,TEXES
O.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
NOTES:
1. Bearing system based on the south line of Prosper Center Block B, Lot 1 R and 2 as
recorded in Doc. No. 2016-241 P.R.D.C.T.
2. According to Map No. 48121CO230J, dated June 02, 2009 of the National Flood
Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal
Emergency Management Agency, Federal Insurance Administration and Map No.
48085CO230J, dated June 2, 2009 of the National Flood Insurance Program Map,
Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management
Agency, Federal Insurance Administration, this property is located within Zone
"X-Unshaded", which is not a special flood hazard area. If this site is not within an
identified special flood hazard area, this flood statement does not imply that the
property and/or the structures thereon will be free from flooding or flood damage. On
rare occasions, greater floods can and will occur and flood heights may be increased
by man-made or natural causes. This flood statement shall not create liability on the
part of the surveyor.
3. The thoroughfare alignment(s) shown on this exhibit are for illustration purposes and
does not set the alignment. The alignment is determined at time of Final Plat.
VICINITY MAP
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LEGAL DESCRIPTION:
BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147,
Town of Prosper, Collin County, Texas, and being a portion of Lot 2, Block D of Prosper
Center, Block D, Lots 2, 3 and 4, according to the Revised Conveyance Plat thereof
recorded in Volume 2018, Page 308 of the Plat Records of Collin County, Texas, and
being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped "KHA" found for the northeast
corner of said Lot 2, Block D, common to the southeast corner of Lot 2, Block B of
Prosper Center, Block B, Lots 1 R and 2, according to the plat thereof recorded in Volume
2016, Page 400 of the Plat Records of Collin County, Texas, being on the westerly line of
a called 20.000 acre tract of land described in a deed to MSW Prosper 380, LP, as
recorded in Instrument No. 20131226001678930 of the Official Public Records of Collin
County, Texas;
THENCE South 0026'47" West, along the easterly line of said Lot 2, Block D and the
westerly line of said 20.000 acre tract, a distance of 735.00 feet to a point for corner;
THENCE North 89°40'36" West, departing the easterly line of said Lot 2, Block D and the
westerly line of said 20.000 acre tract, and crossing said Lot 2, Block D, a distance of
340.00 feet to a point for corner;
THENCE North 0°2647" West, continuing across said Lot 2, Block D, a distance of
735.00 feet to a point for corner on the northerly line of said Lot 2, Block D and the
southerly line of said Lot 2, Block B;
THENCE South 89°40136" East, along the northerly line of said Lot 2, Block D and the
southerly line of said Lot 2, Block B, a distance of 340.00 feet to the POINT OF
BEGINNING and containing 5.737 acres (249,901 square feet) of land, more or less.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
a e gIll E.OF r
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• `°
ASYLVIAA GUNAW • : N
REGISTERED PROFESSIONAL SYLVIANA GUNAWAN
LAND SURVEYOR NO.6461 .......................
.•••
N
6160 WARREN PKWY., SUITE 210 �.0 6461CD
FRISCO, TEXAS 75034 �9 '4>0F E S S`"'�P o�
PH. 972-335-3580 ••••
sylviana.gunawan@kimley-horn.com S U Rsylviana.gunawan@kimley-horn.com
EXHIBIT
5.737 ACRES (GROSS)
4.639 ACRES (NET)
PORTION OF LOT 2, BLOCK D OF PROSPER CENTER,
BLOCK D, LOTS 2, 3 AND 4
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
CASE NO. Z19-0006
3
Ordinance No. 19-70, Page 4