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09-122 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-122 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 33.026 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS,HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF RETAIL (R); 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 Lelia Joyce Weems ("Applicant") to rezone 33.026 acres of land, more or less, situated in the Collin County School Land Survey,Abstract No. 147, 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 33.026 acres of land,more or less, situated 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 rezoned as Retail (R). 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 13`''DAY OF OCTOBER, 2009. APPROVED AS T • s is anger,Mayor ATTESTED TO AND CORREC Y RECORDED BY: 0 Of ®®®A 11111 o s®®®® 0 \ oq.....oee ®® tthew D.Denton,TRMC Town Secretary a Mb ®p 000 i °a 0 ��,,,.� ,I®i®��®® 7.EXP►� 0�`2 DATE OF PUBLICATION: (.tJ��1� 23!2�� , Dallas MoitMAPA vs — Collin County Addition COLLIN COUNTY,71E00 F L 7EPAPUN VOLUME57eG PAGE VOLUAfET?2Y,PAGE 9?2 D.R.GG7: D.R.GC.T. S s9©55912'TE — 1117 49' ` 4., C1 PROPOSED ZONING: RETAIL 9 GI 0 EXISTING ZONING: AGRICULTURAL di c) I I 0 0 o g8 I L9"eig pIS I (FIRST TRACT) I 1 j s4 00 LELIA JOYCE WEEMS I° � o VOLUME r IRo o� 3493, PAGE 308 � p P.R.C.C.T. 888 33.020 ACRES2 I (143&59&SQ. F T.) kOI GOLLIN COUNTY SCHOOL kOl LAND SURVEY, RASSTRAGT NO.141 O e Z I I I I N89°51'2O'W N 1072.42' WEST FIRST STREET POINT OF BEGINNING SHEET 2 OF 2 Z09-6 THIS DO CUMENT, RESULTS PREPARED UNDER OF ANON DOES NOT THE GROUND SURVEY, ANDIS LENARD V. WALL, R.P.LS. 5249 NOT TO BE USED TO CONVEY OR ESTABUSH INTEREST IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR 0 BOUNDARY OF ESTABLISHEDTHE POUTICALY THE CREATION SUBDIVISION FOR RECONFIGURATION WHICH ITF THE WAS . E %S T F TF PREPARED. �Q �G ,� R� p 1 r s TOWN OF PROSPER ,r )'e e. lik ENGSNE1R2NG 730 E.Part Blvd.,Saila 210 Elmo,7Z 75074 (972) 422_0077 Far (972) 422-0075 EXHIBIT A < �, 5249 �- DRAM BY CHECKED BY SCALE DATE JOB NO. WEEMS TRACT 9�oSUR� ,�° BLM LVW 1"=200'1/22/09 08-010 33.026 ACRES • m..brcvccemeSmataR,p,k.o s.FNllercmotpMF da9 smier9Nea Bv.mc tmlAR] MOM RAW bye BM d PM Dam:1122/2069732Nd EXHIBIT A ANNE A110N LEGAL DESCRIPTION BEING AN 33.026 ACRE TRACT OF LAND LOCATED IN THE COLUN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, AND BEING A PORTION OF THE SAME TRACT OF LAND DESCRIBED AS FIRST TRACT TO LELIA JOYCE WEEMS, RECORDED IN VOLUME 3493, PAGE 308, DEED RECORDS, COLON COUNTY, TEXAS, AND BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON SOUTH CORNER OF SAID WEEMS TRACT AND A CALLED 79.221 ACRE TRACT OF LAND DESCRIBED AS TRACT FOUR IN DEED TO 183 LAND CORPORATION, INC., RECORDED IN DOCUMENT NO. 97-0005168, DEED RECORDS, COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING IN THE NORTH UNE OF FIRST STREET; THENCE NORTH 89'51'20"WEST, ALONG THE COMMON LINE OF SAID WEEMS TRACT AND SAID WEST FIRST STREET, A DISTANCE OF 1.072.42 FEET TO THE COMMON SOUTH CORNER OF SAID WEEMS TRACT AND A TRACT OF LAND TO COLUN COUNTY, TEXAS, RECORDED IN DOCUMENT NO. 20060313000324740, DEED RECORDS, COLLIN COUNTY, TEXAS; THENCE NORTH 0125'51V WEST, ALONG THE COMMON UNE OF SAID WEEMS TRACT AND SAID COLON COUNTY TRACT, FOR A DISTANCE OF 900.77 FEET TO THE BEGINNING OF A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 0234'17"WEST, 229.64 FEET; THENCE CONTINUING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 0217'26", A RADIUS OF 5744.58 FEET AND AN ARC LENGTH OF 229.66 FEET; THENCE NORTH 0313'00" WEST, CONTINUING ALONG SAID COMMON LINE, FOR A DISTANCE OF 189.36 FEET TO THE COMMON CORNER OF SAID WEEMS TRACT AND SAID COWN COUNTY TRACT AND ALSO THE COMMON CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO ELMER L. TEMPLIN, RECORDED IN VOLUME 1227, PAGE 172, DEED RECORDS, COLON COUNTY. TEXAS AND A TRACT OF LAND DESCRIBED IN DEED TO COLUN COUNTY, TEXAS, RECORDED IN VOLUME 5786. PAGE 4651, DEED RECORDS, COWN COUNTY, TEXAS; THENCE SOUTH 8955'12" EAST, ALONG THE COMMON UNE OF SAID WEEMS TRACT AND SAID TEMPUN TRACT, FOR A DISTANCE OF 1117.49 FEET TO THE SOUTHEAST CORNER OF SAID TEMPLIN TRACT AND THE NORTHEAST CORNER OF SAID WEEMS TRACT AND ALSO IN THE WEST LINE OF SAID 183 LAND CORPORATION, INC. TRACT; THENCE SOUTH, ALONG THE COMMON LINE OF SAID WEEMS TRACT AND SAID 183 LAND CORPORATION, INC. TRACT, FOR A DISTANCE OF 1320.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.438.598 SQUARE FEET OR 33.026 ACRES OF LAND. BASIS OF BEARINGS DERIVED FROM THE WEST LINE OF COLLIN COUNTY, TEXAS, RECORDED IN VOLUME 5786, PAGE 4651, DEED RECORDS, COLLIN COUNTY, TEXAS. Boundary Curve Table Curve# Length Radius Tangent Chord Chord Dearing Delta C1 229.66' 5744.58' 114.84' 229.64' N2°3417'W 2°1726" SHEET 1 OF 2 THIS • DOCUMENT, THE ESULTS PREPARED UNDER DOES NOT OF AN ON THE GROUNDSURVEY, AND REFLECT IS LENARD V. WALL, R.P.LS. 5249 NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR ESTABLISHED BY THE ORPREPARED. OF THE POUTICALON SUBDIVISON FORRATION WHICH IITFWAS P OTTHE eRTF� GSNEa.ERSNG TOWN OF PROSPER %4 fL 730$ Blvd,0 �`�"° 72) � '�" EXHIBIT 'A' 5249 P (972) 922-0077 Fax (9721 422-0075 o DRAWN BY CHECKED BY SCALE DATE JOB NO. WEEMS TRACT 4.0o s u Rv c� BLM LVW N.T.S. 1/22/09 08-010 33.026 ACRES QavNa G%llOSxleS`48018 Pa..yxMamf Ld Lhtlnpa601G4uErA.O 6ay.GB1BNM San11n:1/22/2O0?7.I22,0RA Pbtfm b.Wendt PM Dab:I/222M 728 MI 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: October 23, 2009 Cristy Thielem Sworn to and subscribed before me this October 23, 2009 a- , -0-- ---. (Notary Public) `,; ,; LYNDA F. BLACK 4`''.. "�./. State of Texas ••�: Notary Public, j = My Commission Expires ':'qt.•o;�' May 27,2013