2020-04 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-04
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.549 ACRES, SITUATED IN THE BRYANS 1ST ADDITION,
COLLIN COUNTY SCHOOL LAND, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS FROM SINGLE FAMILY-15 (SF-15) TO
DOWNTOWN SINGLE FAMILY (DTSF); 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 (Z19-0022)
from MILD Homes ("Applicant"), to rezone 0.549 acres of land, more or less, in the Bryans 1"
Addition, Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin
County, Texas, from Single Family-15 (SF-15) to Downtown Single Family (DTSF) 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 0.549 acres of land, more or less, in the Bryans 1st Addition, 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 Single Family (DTSF) 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. 2020-04, 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 PROSPER, TEXAS, ON THIS 28T" DAY OF JANUARY, 2020.
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Ray Smith, Mayor
ATTEST% ' 19. `
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byn B4ftle,-Town Sec
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 2020-04, Page 3
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USE: RESIDENTIAL
ZONING: DTSF
LOT 9r, BLOCK 11
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: DTSF
INST #
20180307000283240
OWNER: FLOYD NANCY ANN
1/2" IRF
CONTROLLING
MONUMENT
235't TO COLEMAN ROAD I /
LOT 9R, BLOCK 13
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: SF-15
VOL. P, PG. 782
INST. NO. 20171228001712120
OWNER: CAROLINE & TRENT BOHNE
LOT 8r, BLOCK 11
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: DTSF
INST # 20170926001288090
OWNER: BROWN DON
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LOT 13, BLOCK 12
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: SF-15
INST # 20181214001519100
OWNER: CALLIE CUSTOM
HOMES
LOT 12, BLOCK 12
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: SF-15
INST # 201909170011442010
OWNER: BAINS PENNY
THIRD STREET
(60' RIGHT-OF-WAY)
LOT 11 R, BLOCK 12
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: SF-15
INST # 20180620000761200
OWNER: TESSIER ROBERT
PAUL
APPROX. S76'E 2260' TO THE CORNER
OF THE COLLIN COUNTY SCHOOL LAND
SURVEY ABSTRACT NO. 147 -�
�92. 1/2" IRS sss.
N89� 8'50"E 170.00' 1/2" CIRF BEARS
S50'20'W 0.43'
447't TO CHURC -STREET A
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BRYANTS 1ST ADDITION
USE:\
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1 ZONING: SF-15
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I OWNER: KINCAID JOYCE \
C/O JODY KINCAID
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20' ALLEY
VOL. 116, PG. 162
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LOTS 7, 8, 9B & 01-1
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: SF-15
VOL. 990144077, PG. 4551-2777
OWNER: RAMIRES VIDAL
LOT OL 2, BLOCK 14-
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: SF-15
VOL. 116, PG. 162
OWNER: HUBERT F LOWERY
LOT 11 A-12, BLOCK 14
BRYANTS 1ST ADDITION
USE: RESIDENTIAL
ZONING: SF-15
VOL. 116, PG. 162
OWNER: HUBERT F LOWERY
SURVEYOR OWNER/DEVEOPER ENGINEER
POSER & MANKIN SURVEYING, LLC MILD HOMES VASQUEZ ENGINEERING, LLC
1604 HART STREET LANDON DAY JUAN J. VASQUEZ, P.E.
SOUTHLAKE, TEXAS 76092 31 STEEL ROAD 1919 S. SHILOH ROAD
817-481-1806 TELE WYLIE, TEXAS 75098-7048 SUITE 440, LB 44
817-481-1809 FAX 214-458-0214 TELE GARLAND, TEXAS 75042
972-278-2948 TELE
972-271-1383 FAX
GRAPHIC SCALE
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LEGAL DESCRIPTION
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Being all that certain 0.663 acre tract of land situated in the Collin County School Land
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Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being all of Lots
5, and 6, and a portion of Lot 4, Block 13, Bryants 1st Addition, an Addition to the Town
of Prosper, Collin County, Texas, according to the plat thereof recorded in Volume 116,
Page 162, Map Records of Collin County, Texas, and being all of abandoned Hall Street per
Volume 715, Page 830, Deed Records, Collin County, Texas, and being all of that certain
tract of land conveyed to Ashley Day and Landon Day, by Warranty Deed recorded in
Instrument Number 20191001001222540, Official Public Records, Collin County, Texas, and
being a portion of Third Street (60 feet right-of-way) per said Bryants 1st Addition, and
being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with "Peiser & Mankin SURV" red plastic cap set
(hereinafter referred to as 1/2 inch iron rod set) for the northeast corner of said
abandoned Hall Street, from which a 1/2 inch capped iron rod bears South 50 deg. 20
min. West, 0.43 feet, same being the northwest corner of Lot 1, said Block 13, Bryants
1st Addition, same being in the southerly right-of-way line of Third Street;
THENCE South 00 deg. 31 min. 10 sec. East, along the common line of said abandoned
Hall Street and said Lot 1, a distance of 140.00 feet to a 1/2 inch iron rod set for the
southeast corner of the herein described tract, same being the southeast corner of said
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abandoned Hall Street, some being the southwest corner of said Lot 1, same being in the
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northerly line of a called 20 foot alley per aforesaid Volume 116, Page 162, Map Records,
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Collin County, Texas;
THENCE South 89 deg. 28 min. 50 sec. West, along the common line of said abandoned
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Hall Street and said 20 foot alley, passing the southwest corner of said abandoned Hall
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Street, same being the southeast corner of aforesaid Lot 6, and continuing along the
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common line of said Lot 6 and said 20 foot alley, passing the southwest corner of said
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Lot 6, some being the southeast corner of aforesaid Lot 5, and continuing along the
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common line of said Lot 5 and said 20 foot alley, passing the southwest corner of said
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Lot 5, same being the southeast corner of aforesaid Lot 4, and continuing along the
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common line of said Lot 4 and said 20 foot alley, a total distance of 170.00 feet to a
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1/2 inch iron rod found for the southwest corner of aforesaid Day tract;
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THENCE North 00 deg. 31 min. 10 sec. West, through the interior of said Lot 4 and along
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the west line of said Day tract, passing at a distance of 140.00 feet, a 1/2 inch iron rod
set for the northwest corner of said Day tract, same being in the north line of said Lot
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4, from which a 1/2 inch iron rod found bears South 13 deg. 57 min. West, 0.57 feet,
same being in the southerly right-of-way line of aforesaid Third Street, and continuing
through the interior of said Third Street, a total distance of 170.00 feet to a point for
the northwest corner of the herein described tract, same being in the centerline of said
Third Street;
THENCE North 89 deg. 28 min. 50 sec. East, along the centerline of said Third Street, a
distance of 170.00 feet to a point for the northeast corner of the herein described tract;
THENCE South 00 deg. 31 min. 10 sec. East, through the interior of said Third Street, a
distance of 30.00 feet to the POINT OF BEGINNING and containing 28,900 square feet or
0.663 acre of computed land, more or less.
CASE No. Z19- 0022
EXHIBIT "A"
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LOT 4A, LOT 5 & LOT 6, BLOCK 13
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BYRANS 1 ST ADDITION
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0.549 ACRES SITUATED IN
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COLLI
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COUNTY
SCHOOL
LAND
SURVEY,
ABSTRACT NO. 147-7
THE TOWN OF PROSPER, COLLI N COUNTY, TEXAS
DECEM BER 20, 2019
SHEET
EX -A
Ordinance No. 2020-04, Page 4