2020-15 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-15
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER'S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.41 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 (Case Z20-
0001) from Lifelong Properties, LLC ("Applicant"), to rezone 0.41 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 0.41 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 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.
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. 2020-15, Page 2
1
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 25TH DAY OF FEBRUARY, 2020.
Ray Smith, Imayor
ATTEST:
Robyn B,#ttle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2020-15, Page 3
DGE CIRCLE
SURVEY PLAT
ROW
ROWLETTTT, TX TX 75088
BURNS
+ ' /
FIRM REGISTRATION NO. 10194366 J uR V EYI r x JY 4Jam+
SURVEYING
TIMOTHY S. HARDY
BARRY S. RHODES Registered Professional Land Surveyor (214) 326-1090
GARY PAUL BACZKOWSKI
AND SPOUSE,
ROBIN A. HARDY
DAVID C. HAMBY
This is to certify that I have, this date, made a careful and accurate survey on the ground of property
INST. NO.
VOL. 4572, PG. 2427
INST. NO.
20070102000003930
located at No. 511 E. BROADWAY STREET inthe Town of PROSPER, Texas.
20080811000971930
SINGLE FAMILY ZONING
SINGLE FAMILY ZONING
SINGLE FAMILY ZONING
Being all that certain lot, tract or parcel of land situated in the Collin County School Land Survey, Abstract No. 147, and being Lot 8
of the Phenix Addition, Phase 11 (an un-recorded Plat) in the Town of Prosper, Collin County, Texas and being the same land described
N 89`51'55" E 100.00'
in deed to Florentino San Miguel and Aurora San Miguel, recorded in Volume 1311, Page 899, Deed Records, Collin County, Texas
(D.R.C.C.T.) and being more particularly described as follows:
1/2" IRF FOR REFERENCE
S 05'58'09" W - 0.48'
BEGINNING at a 1/2 inch iron rod found for corner in the North line of E. Broadway Street, at the Southwest corner of R&R Estates,
an Addition to the Town of Prosper, Collin County, Texas, according to the Plat thereof recorded in Cabinet L, Page 840, Plat Records,
Collin County, Texas (P.R.C.C.T.) and at the Southeast corner of said Miguel tract;
THENCE South 89 degrees 22 minutes 50 seconds West, with the said North line of E. Broadway Street, a distance of 19.80 feet to a
point for corner;
THENCE North 89 degrees 39 minutes 10 seconds West, with the said North line of E. Broadway Street, a distance of 80.21 feet to a
1/2 inch iron rod found for corner at the Southeast corner of a tract of land described in deed to Christina Blythe, recorded in
Instrument No. 20121218001610110 (D.R.C.C.T.);
O
00
NOT ALL IMPROVEMENTS SHOWN
CHRISTINA BLYTHE
INST. NO.
20121218001610110
SINGLE FAMILY ZONING
139.00
INTERSECTION OF
THE E. LINE OF N.
PARVIN STREET AND
THE N. LINE OF E.
BROADWAY STREET
LO
O
O
O
FIA
S.W. CORNER OF
CHRISTINA BLYTHE
INST. NO.
20121218001610110
100.00' Y N 89*39' 10" W
80.21 '
( DIRECTIONAL CONTROL )
I
LIJ
a
THENCE North 00 degrees 40 minutes 45 seconds West, a distance of 180.35 feet to a 1/2 inch yellow capped iron rod set for corner
at the Northeast corner of said Blythe tract, at the Southeast corner of a tract of land described in deed to Gary Paul Baczkowski,
recorded in Instrument No. 20080811000971930 (D.R.C.C.T.), and at the Southwest corner of a tract of land described in deed to
Timothy S. Hardy and spouse, Robin A. Hardy, recorded in Volume 4572, Page 2427 (D.R.C.C.T.);
THENCE North 89 degrees 51 minutes 55 seconds East, a distance of 100.00 feet to a point for corner, at the Southeast corner of
said Hardy tract, at the Southwest corner of a tract of land described in deed to David C. Hamby, recorded in Instrument No.
200701020000003930 (D.R.C.C.T.), at the Northwest corner of said R&R Estates, from which a 1/2 inch iron rod found bears South 05
degrees 58 minutes 09 seconds West, a distance of 0.48 feet for witness;
THENCE South 00 degrees 40 minutes 44 seconds East, a distance of 180.86 feet to the PLACE OF BEGINNING and containing 18,073
square feet or 0.41 of an acre of land.
R&R ESTATES
CAB. L, PG. 840
SINGLE FAMILY ZONING
POINT OF I EXHIBIT A
BEGINNING1
CASE NO. Z20-0001
(CM) THE ABOVE DESCRIBED PROPERTY
S 89°22'50" W DOES NOT LIE IN A FLOOD HAZARD
AREA ACCORDING TO THE F.E.M.A.
19.80 FLOOD INSURANCE RATE MAP
COMMUNITY PANEL NO.
48085CO235J
ASPHALT
-_____________E.__ BROADWAY_ STREET _ ____
ASPHALT
THE SURVEY IS HEREBY ACCEPTED WITH THE DISCREPANCIES, CONFLICTS, OR
SHORTAGES IN AREA OF BOUNDARY LINES, ENCROACHMENTS, PROTRUSIONS, OR
OVERLAPPING OF IMPROVEMENTS SHOWN.
X.
The plat hereon is true, correct, and accurate representation of the property
as determined by survey, the lines and dimensions of said property being as
indicated by the plat: the size, location and type of building and improvements
are as shown, all improvements being within the boundaries of the property, set
back from property lines the distance indicated, or visible and apparent easements.
TITLE AND ABSTRACTING WORK FURNISHED BY REPUBLIC TITLE
THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN.
Scale: 1" = 30' USE OF THIS SURVEY FOR ANY OTHER PURPOSE
Date: 12/16/2019 OR OTHER PARTIES SHALL BE AT THEIR RISK AND
UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR
G. F. No.: 1012-285680-RTT ANY LOSS RESULTING THEREFROM.
THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR
Job no.: 201909193 REPUBLIC TITLE
Drawn by:
CMR
WOOD FENCE -7LIL- TEXT 1111111
CHAIN LINK IMPROVEMENTS
IRON FENCE f BOUNDARY LINE
WIRE FENCE X- R SETBACKP
RESIDENCE
CM - CONTROWNG MONUMENT
MRD - MONUMENTS OF RECORD DIGNITY
01/2• IRON ROD FOUND
0 1/2• YELLOW -CAPPED IRON ROD SET
]SET 'X'
❑FOUND 'X'
05/8- IRON ROD FOUND
'PK NAIL FOUND
® - CABLE 0 - ELECTRIC
(j) - CLEAN OUT PE - POOL EQUIP
(9; - GAS METER • - POWER POLE
1EI) - FIRE HYDRANT ® - TELEPHONE
LIGHT POLE (0 - WATER METER
MANHOLE ® - WATER VALVE
( UNLESS OTHERWISE NOTED )
Ordinance No. 2020-15, Page 4