09-106 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-106
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 0.7549 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147 (401 SOUTH COLEMAN STREET), IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE
FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF 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 Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Victoria Bell
("Applicant") to rezone 0.7549 acres of land, more or less, situated in the Collin County School Land
Survey,Abstract No. 147 (401 South Coleman Street), in the Town of Prosper,Collin County, Texas; and
WHEREAS, 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.
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: Amendments to Zoning Ordinance No. -05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the property containing 0.7549 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147 (401 South Coleman Street), 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 Downtown Office (DTO). The Property as a whole and for
this zoning classification is 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.
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 District shall be sent to all owners of properties within
the District as well as all properties within two hundred feet(200')of the District to be amended.
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.
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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS ON THIS 8th DAY OF SEPTEMBER,2009.
APPROVED AST FORM:
harles Niswanger,Mayor
ATTESTED TO AND
CORRE .: ' CO`.,ED BY:owe.
®®�®®co®�B��O®®�®®
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.tthew D. Denton,TRMC ;f
own Secretary _� e
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'®i TEXAS ®%
DATE OF PUBLICATION: 5e-,�'7- /n 3F-� 02-0 Dallas Morning t�e�ws— Collin County
Addition
DESCRIPTION 0.7549 Acre of Lai
SITUATED in the City of Prosper, Collin County,Texas,in the Collin County School Land
Survey,Abstract No. 147,being a description of the 0.50 acres of land described in a deed from
James E. Carmen and wife, Carolyn Carmen to Victoria Eugenia Olmedo Bell dated June 1, 2009,
recorded in Document No. 20090604000687200 of the official records of Collin County,Texas
including the right-of-way of half of First Street and half of State Highway No. 289 Business,being
described by metes and bounds as follows:
BEGINNING at a P.K. Nail found set in the top of a 6" Dia. Bois D'Arc post cut flush
with the ground at the southeast corner of said 0.50 acres, same being the southwest corner of the
McNeeley Investments LLC, Office Ref. Doc. No. 20080408000421920,Tract 116 and in the north
line of the Prosper Collin LLC Town Center Town House,Ref. Doc. No. 20060608000781140,
Tract 117;
Thence north 88°56'07"west,with the south line of said 0.50 acres and with the north line of
said Tract 117,passing an iron pin set at the southwest corner of said 0.50 acres and at the
northwest corner of said Tract 117 and in the east R.O.W. line of State Highway No. 289 Business
at 119.0 feet and continuing in all 149.27 feet to a point in the center of said State Highway No. 289
Business;
Thence northerly with the center of said Highway No. 289 Business to points in the center
thereof as follows:
North 0°27'35"East, 47.04 feet;
North 0°49'22"West, 78.86 feet;
North 4°51'46"West,40.08 feet;
North 9°11'05"West, 51.84 feet to a point in the center of said Highway No. 289 Business
where same intersects the center of the pavement of First Street;
Thence easterly with the center of the pavement of First Street to points therein as follows:
South 86°12'07"East, 88.31 feet;
South 87°23'41"East, 39.64 feet;
South 89°34'34"East, 39.19 feet to a point in the center of First Street Pavement where
same intersects the projection of the east line of said 0.50 acres;
Thence south 1°24'53"west,passing a PK nail found set in the top of a 6" Dia. Bois D'Arc
post cut flush with the ground at the northeast corner of said 0.50 acres and at the northwest corner
of said Tract 116 at 26.89 feet and continuing in all 211.89 feet with the east line of said 0.50 acres
and with the west line of said Tract 116 to the PLACE OF BEGINNING and containing 0.7549
acre of land.
CERTIFICATION:
I, hereby certify that I made the survey on the ground on July 10, 2009 on the herein described tract
shown hereon and set corner stakes as reflected on the plat and that only visible improvements on.
the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping
of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its
completeness.
G. M. G ER, REGISTERED PROFESSIONAL LAND SURVEYOR
OF T TEX. REG. NO. 3258
1514 North McDonald Street
' •�G !1-- 9 51
McKinney,Texas 75071
Phone 972 562-3959
G. M. GEER
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Z DESLXTPOLN' Q7549 Acre of Land
,xv Z 3RD g ri S1UAIfD h the City of Prosper,Collin Can);Tarot h
J ,y ¢ the Collin Canty School Lad smelt Abstract Na 147.beiq a
of Me a50 COTS
U 2ND I descriptames E�Camen add of land dnorbed h a deed horn
f 1ST amen Bed dated.lee 1, Calmat�rttaded 67 Document Nor 20090 04000687207 of the°Mad meads of Cedn County,Tams •
11 includes the right-of-ray of half of Feet Street and Raid of
State Highway No.289 Burins bohg duarbed by metes ad
x I I i beunds as Wars
lTFdgAUNG of o PA Acel found orel h the lop of a 6'0!a
J II Bois O'Are part art Bush rile the peed at the southeast
p I ! comer of said Q50 aeon Borne beFg he southwest aanar of the
Cs I MoYeeleylmesbnante LLt al9ce Ref Don No.20L80408007421924
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Trod 116 and h the north the of the Ram OdinLLC Tom
LOCATION MAP I Center Tarn Hausa Ref Doc Na 20060608X07B1144 lied 117;
SCALE J w10D7• Thence north 6856bwa7' ot wi h the earth tine of said
Q50 aoes and with the north the of soli Tract 117,passing as •
iron ph set at The southeast comer of soli Q50 saes and at
I the nertheeat cane.of said Tract 117 end h the east ROE
L�J the of Stole Highway Nor 289 Bushed at MO feet and
——1 Li C cotton;h ad 14827 feet to a pent h the center of said
State Highway No.289 Burhesr,
Bence northerly with the center of said li4 hhwoy No.289
Bashers to paints h the center thereof as follow
I
I North 027:U Last 47.04 het
Math O'49`227Wst 7886 trek
Q I North 491'467hst 008 feet
�E Q North 911b51Post 51.84 feet to o point h the canter
Q�— of said!Highway Na 289 Bushels rem sane Abreacts the center
of the patement of fist Sheet'
Thence minty with the ranter of the pavement of Feet
Street to paints hash as Mows
South 8572'07Tast B63!het '
South 877J'4YEost 3264 feet
South 8934:r4'East J819 feet to a pent h the center
of Feet Street Aawment who,,on,,,hterseeh the projection of
the east fine of said 050 acres'
thence south 174'J'aest passing a PK war Land set h
the lop of a 6'Me Beis D'Arc post cot Gush MN the pound
at the northeast miter of said 050 acres and at the northwest
I inner of said Tract 116 at 2889 fat ad onthuhg it r
I 211.89 feel with the east One of said 0.50 acts and did the
rest fee of sold Tract 115 to the PLACE or 8EGJ A2'h"ond
I 1 co,tohhg Q7949 sae of lend
1ERR17CA7101p.
I hereby caNly that 1 made the survey on the growl on July
LTA 14 2009 on the herein donated tract sham hereon on set
/. N 'states as reflected en the Pat ad that any rishb
2 NI snlrawnents on the ground ore as sham on Me saney,to my
1 N bradedgo there ore no encroachments me a ping of
4. M I thatinproA sew is ents or Akls except as shown on Me survey plot
4 Ny guaranteed to Its completeness
G SI
7 SISI
G it OEM REQS1EI0D PRO'ESONAL LAND SURIfl61 •
Et REG Na 3258
1514 North Mo01nUd Street
Aklfines Toros 75071
Phan 972-562-3159
'
401 COLEMAN STREET
CURRENT ZONING' SF 15
REQUESTED 70NING. Downtown Ole.(DTO)
CURRFNT JANO UST- Vacant
FLOP: Old Town Core Oist. Ofo
DIOROLItHFARE PLAN SHOES COLUMN TO BE THREE
LANE.
GROSS 0.7549 ACRE .
NET 0.5060 ACRE
1,09
401 COMMA'� IA }ETAS 75098 '
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:.;401 COLEWAN STREET`>�': i?�'''
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JULY 24 2009 y
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Cristy ,
Thieleman, Advertising Representative for the DALLAS MORNING NEWS, being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News on:
September 18, 2009
Cris Thieleman)
Sworn to and subscribed before me this September 18, 2009
/ D
(Notary Public)
°opt• 8•, LYNDA F. BLACK
Notary Public,State of Texas
My Commission Expires
%f°i���`��` May 27, 2013