19-84 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 19-84
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.82 ACRES, 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 James
Ralph Jordan, Mark Henry Jordan, and William Thomas Jordan ("Applicants"), to rezone 0.82
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 0.82 acres of land, more or less, in the Collin County School Land Survey,
Abstract No. 141, 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.
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 ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Ordinance No. 19-84, Page 2
SECTION 7
Savings/Repealing Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY\ PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN ! FQRO&Rblg$�EXAS, ON THIS 26T" DAY OF NOVEMBER, 2019.
�O
Ray Smit , Mayor
ATTEtlJ':. I91
obyn Epfttle, Town Sec
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
1
Ordinance No. 19-84, Page 3
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LOT 2, BLOCK 2 LOT 1R, BLOCK 2
SJTADDITION SJTADDITION I
DOC. NO. 2016-530 - P.R.C.C.T. DOC. NO. 201547. P.R.C.C.T.
EXISTING ZONING: DTO TBM#1 \
EXISTING ZONING: DTR LAND USE: OLD TOWN OFFICE ^x^cuT sET I /
LAND USE: OLD TOWN MAIN STREET RETAIL z=37s.25 \
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LAND USE: OLD TOWN OFFICE VOL.116, PG.162-P.R.C.C.T. I 'm
`� EXISTING ZONING: SF-15
I TLS INVESTMENTS INC. / I LAND USE: OLD TOWN OFFICE
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DOC. NO. 20131001001372720-R.P.R.C.C.T. N 89°04'56" E 125.00'
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Ordinance No. 19-84, Page 4
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SURFACE
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GRAPHIC SCALE
20 0 10 20 40
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SITE
VICINITY MAP & EXISTING ZONING MAP
LEGAL DESCRIPTION
BEING LOTS 13, 14, 15, 16, & 17, BLOCK 6, OF BRYANTS ADDITION,
AN ADDITION TO THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 116, PAGE 162, PLAT RECORDS, COLLIN COUNTY, TEXAS.
FLOODPLAIN NOTE
ACCORDING TO MAP NO.48085CO235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
CALLED 0.208 ACRES INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE'X", (AREAS
JADE AND W ESLEY S. DeVALK DETERMINED TO BE OUTSIDE OF THE 0.2%ANNUAL CHANCE FLOODPLAIN). IF
DOC. NO. 20160322000338410 THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS
FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE
R.P.R.C.C.T. STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.
ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD
EXISTING ZONING: SF-15 HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD
STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.
LAND USE: OLD TOWN OFFICE
EXISTING ZONING: SF-15 (0.40 AC)
PROPOSED ZONING: DTO (0.40 AC)
PROSPER COLEMAN OFFICE I
CASE #: Z19 — 0019
OWNER:
JORDAN JAMES RALPH & MARK HENRY JORDAN & WILLIAM THOMAS
JORDAN
4716 ALLENCREST LANE
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE #40
PROSPER, TX 75078
PHO R17.201 6982 CONTACT NAME: MATT MOORE
EAGLE SURVEYING
210 S. ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009 CONTACT NAME: DAN RICK
LEGAL DESCRIPTION:
BRYANTS FIRST ADDITION (CPR),
BLOCK 6, LOTS 13 THRU 17,
0.4017 ACRES
CITY: STATE:
PROSPER TEXAS
COUNTY I SURVEY: ABSTRACT NO.
COLLIN COLLIN COUNTTY SCHOOL LAND C0147
— S-T6ATION-1W �s
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P R E L I M I N A R Y
FOR REVIEW ONLY
Not for construction purpose&
OLAYMOORE ENGINEERING
ENG PING AND GL ANNING
CONSULTANTS
MATT MOORE
.E1nN°_98351 Dare 10/21/2019
EX-1
BEING a 0.82 acre tract of land out of the COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NUMBER 147, situated in the Town of Prosper, Collin County,
Texas and being all of that certain tract of land conveyed to James Ralph, Mark Henry
and William Thomas Jordan by deed of record in Document No.20110217000179950 of
the Official Public Records of Collin County, Texas, same being all of Lots 13-17, Block
6 of Bryant's Addition, a subdivision of record in Volume 116, Page 162 of the Plat
Records of Collin County, Texas, also being a portion of the Coleman Street right-of-
way, also being a portion of the second Street right-of-way and being more particularly
described by metes and bounds as follows:
COMMENCING, at an X-cut found in the West right-of-way line of Colman Street
(R.O.W. Varies), being the Southeast corner of Lot 1 R, Block 2 of SJT Addition, a
subdivision of record in Volume 2015, Page 47 of said Plat Records;
THENCE, S00055'04"E, along the West right-of-way line of Colman Street, being in part
the East line of the remaining portion of a 20 foot wide alley of record in said Bryant's
Addition and in part, the East line of that certain tract of land conveyed to TLS
Investments, Inc. by deed of record in Document No. 20131001001372720 of said
Official Public Records, a distance of 19.80 feet to a 1/2 inch iron rod with green plastic
cap stamped "EAGLE SURVEYING" set at the Northeast corner of said Lot 13 for the
POINT OF BEGINNING;
THENCE, N89°04'56"E, leaving the East line of said Lot 13, over and across the
Colman Street right-of-way, a distance of 60.09 feet to a point at or near the centerline
of Colman Street for the Northeast corner hereof;
THENCE, S15035'29"E, along or near the centerline of Colman Street, over and across
the Colman Street right-of-way, a distance of 179.63 feet to a point at or near the
intersection of the centerline of Colman Street and the centerline of Second Street (60'
R.O.W.) for the Southeast corner hereof;
THENCE, S89°40'43"W, along or near the centerline of Second Street, over and across
the Second Street right-of-way, a distance of 230.60 feet to the Southwest corner
hereof;
THENCE, N00055'04"W, continuing over and across the Second Street right-of-way, a
distance of 31.38 feet to a 1/2 inch iron rod found in the North right-of-way line of
Second Street, being the Southwest corner of said Lot 17, from which a 1/2 inch iron
rod with plastic cap stamped 'ENCOMPASS" found at the Southeast corner of a called
0.545 acre tract of land conveyed to Muir Land Company, LLC by deed of record in
Document No. 20080612000745400 of said Official Public Records bears N80°01'52"W,
a distance of 1.78 feet;
THENCE, N00"55'04"W, leaving the North right-of-way line of Second Street, along the
West line of said Lot 17, a distance of 140.00 feet to a 1/2 inch iron rod with green
plastic cap stamped "EAGLE SURVEYING" set in the South line of said TLS
Investments, Inc. tract, being the Southeast corner of Lot 2, Block 2 of SJT Addition, a
Ordinance No. 19-84, Page 5
subdivision of record in Volume 2016, Page 530 of said Plat Records, also being the
Northeast corner of said 0.545 acre tract, also being the Northwest corner of said Lot 17
and hereof;
THENCE, N89°04'56"E, along the South line of said TLS Investments, Inc. tract and the
common North lines of said Lots 13-17, a distance of 125.00 feet to the POINT OF
BEGINNING and containing an area of 0.82 Acres, or (35,840 Square Feet) of land,
more or less.
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Ordinance No. 19-84, Page 6