09-123 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-123
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 5.920 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 COMMERCIAL (C);
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 John H. Hill,
Gary L. James, and Thomas D. Bull ("Applicant")to rezone 5.920 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 5.920 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 Commercial (C). 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 RM:
arl 's nger, Mayor
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ATTESTED TO AND . 0 11 U U,,,®�, ,
CO CORDED BY: SA\- O.F••••Pe„1RpS
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Town Secretary ® •
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DATE OF PUBLICATION: f .rD4�- 2T olm09 , Dallas Morning News — Collin County
Addition
EXHIBIT A
BEING A 5.920 ACRE TRACT OF LAND LOCATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, AND BEING ALL OF A CALLED
2.80 ACRE TRACT OF LAND DESCRIBED IN DEED TO THOMAS D. &BERNICE
I. BULL TRUST AS RECORDED IN INSTRUMENT NO. 99-0108066,DEED
RECORDS, COLLIN COUNTY, TEXAS AND ALSO BEING ALL OF A CALLED
0.733 ACRE TRACT OF LAND DESCRIBED IN DEED TO GARY LYNN JAMES AS
RECORDED IN INSTRUMENT NO. 95-0033597, DEED RECORDS, COLLIN
COUNTY, TEXAS AND ALSO BEING ALL OF A CALLED 0.891 ACRE TRACT OF
LAND DESCRIBED IN DEED TO GARY L. JAMES AS RECORDED IN
INSTRUMENT NO. 92-0042544,DEED RECORDS, COLLIN COUNTY, TEXAS
AND ALSO BEING ALL OF A CALLED 0.172 ACRE TRACT OF LAND
DESCRIBED IN DEED TO GARY L. JAMES AS RECORDED IN VOLUME 3252,
PAGE 651, DH-D RECORDS, COLLIN COUNTY, TEXAS AND ALSO BEING ALL
OF A CALLED 0.727 ACRE TRACT OF LAND DESCRIBED IN DEED TO JOHN H.
HILL MARITAL TRUST AS RECORDED IN INSTRUMENT NO. 00-0004014,DEED
RECORDS, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 2.80 ACRE TRACT AND
THE NORTHEAST CORNER OF A CALLED 1.174 ACRE TRACT OF LAND
DESCRIBED IN DEED TO PEGGY HEIST AS RECORDED IN VOLUME 1520,
PAGE 791,DH1iD RECORDS, COLLIN COUNTY, TEXAS, AND THE WEST LINE
OF ARIANA ESTATES,PHASE I, AN ADDITION TO THE TOWN OF PROSPER AS
RECORDED IN INSTRUMENT NO. 20070730010002550, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND ALSO BEING IN THE CENTERLINE
OF N. COLEMAN STREET(N. SPUR 439);
THENCE WEST, ALONG THE COMMON LINE OF SAID 2.80 ACRE AND 1.174
ACRE TRACTS, FOR A DISTANCE OF 513.80 FEET TO THE CENTERLINE OF
B.N.S.F. RAILROAD;
THENCE NORTH 11°55'57" EAST, ALONG SAID CENTER OF B.N.S.F.
RAILROAD, FOR A DISTANCE OF 580.90 FEET;
THENCE NORTH 89°19'37" EAST,LEAVING SAID CENTERLINE PASSING THE
COMMON NORTHWEST CORNER OF SAID 0.733 ACRE TRACT AND THE
SOUTHWEST CORNER OF A CALLED 1.00 ACRE TRACT OF LAND DESCRIBED
IN DEED TO KENT W. ELLIOTT AND WIFE,DONNA K. ELLIOTT AS
RECORDED IN INSTRUMENT NO. 97-0094229, DFFD RECORDS, COLLIN
COUNTY, TEXAS,FOR A DISTANCE OF 390.56 FEET TO THE WEST LINE OF
ARIANA ESTATES, PHASE I AND THE NORTHEAST CORNER OF SAID 0.891
ACRE TRACT AND ALSO BEING IN THE CENTERLINE OF N. COLEMAN
STREET(N. SPUR 439);
THENCE SOUTH 00°19'O1"EAST, ALONG THE WEST LINE OF ARIANA
ESTATES, PHASE I AND THE CENTERLINE OF SAID N. COLEMAN STREET,
FOR A DISTANCE OF 572.94 FEET TO THE POINT OF BEGINNING AND
CONTAINING 257,890 SQUARE FEET OR 5.920 ACRES OF LAND.
BASIS OF BEARINGS DERIVED FROM THE SOUTH LINE OF PEGGY P. (PERRY)
HEIST, TRACT 1,RECORDED IN VOLUME 1121, PAGE 678 DEED RECORDS,
COLLIN COUNTY, TEXAS.
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ZONING-.-
i LEGAL DESCRIPTION
•
T BONG A 892 ACRE TRACT OF LAND LOCATED IN THE COLON COUNTY SCHOOL LAND SURVEY,
UcyL,IAMFb I ABSTRACT NO.147,AND BONG ALL OF A CALLED 2.80 ACRE TRACT OF LAND DESCRIBE)IN DEED
®at2wGEE TO 1HOMA5 D.&BERfICE I.BULL TRUST AS RECORDED IN INSTRUMENT NO.99-RiURO66,DEED
REB
°�P' � RECORDS,GOWN COUNTY,TEXAS AND ALSO BEING ALL OF A CALLED 0.733 ACRE TRACT OF LAND
DESCRIBED IN DEED TO DARY LONN JAINES AS RECORDED IN INSTRUMENT NO.95-0033597,DEED
RECORDS,COLON COUNTY,TEXAS AND ALSO BONG ALL OF A CALLED 0.891 ACRE.TRACT OF LAND
oaa ouss:n,V, I DESCRIBED IN DEED TO DARY L JAMES AS RECORDED IN INSTRUMENT NO.92-0042544,DEED
uoQx,rw;va RECORDS,COLLIN COU N COUNTY,TEXAS AND ALSO BONG ALL OF A CALLED 0.172 ACRE TRACT OF LAND
��0°'�r u DESCRIBED NI DEED TO GARY L JAMES AS RECORDED IN VOLUME 3252,PAGE 651,DEED RECORDS,
/I COLON COUNTY,TEXAS AND ALSO BONG ALL OF A CALLED 0.727 ACRE TRACT OF LAND DESCRIBED
IN DEED TO JOHN H.VOL MARITAL TRUST AS RECORDED IN INSTRUMENT NO.00-0004014,DEED
RECORDS,COLON COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID ZOO ACRE TRACT AND THE NORTHEAST CORNER OF
�R�Atucm. ctie A CALLED 1,174 ACRE TRACT OF LAND DESCRIBED N DEED TO PEGGY HEST AS RECORDED IN
DIANNA DR. raumn.�poACNa:°
°�T Na• o oaozseo VOLUME 1520,PAGE 791,DEED RECORDS,GOWN COUNTY,TEXAS,AND THE WEST LINE OF ARIANA
OP.'�T• ESTATES,PHASE I,AN ADDITION TO THE TOWN OF PROSPER AS RECORDED IN INSTRUMENT NO.
—— exwal�sE,cc,i4geruny 20070730010002550.OFFICIAL PUBLIC RECORDS COLON COUNTY,TEXAS AND wn�uva ss'Ga�oasara3op y CalTERUNE OF N.COLFMAN STREET(N.SPUR 439); ALSO BONG IN THE
THENCE VEST,ALONG THE COMMON LINE OF SAID 280 ACRE AND 1.174 ACRE TRACTS,FOR A
DISTANCE OF 51180 FEET TO THE CENTERUNE OF B.NS.F RARROA5:
THENCE NOR1H I1$'57'EAST,ALONG SAID CENTER OF BN.SF.RAILROAD,FOR A DISTANCE OF
580.80 FEET;
THENCE NORTH 8919'37'EAST LEAVING SAID CENTERUNE PASSING THE COMMON NORTHWEST
CORNER OF SAID 0.733 ACRE TRACT AND THE SOUTHWEST CORNER OF A CALLED 1.00 ACRE TRACT
OF LAND DESCRIBED IN DEED TO KENT W.EWOTT AND WE.DONNA K.EUJOTT AS RECORDED IN
INSTRUMENT NO.97-0094229,DEED RECORDS,COLON COUNTY,TEXAS,FOR A DISTANCE OF 390.58
FEET TO THE WEST UNE OF ARIANA ESTATES,PHASE I AND THE NORTHEAST CORNER OF SAID 0.891
t ACRE TRACT AND ALSO BEING IN THE CENTERLINE OF N.COLEMAN STREET(N.SPUR 439);
t THENCE MUM wirer EAST,ALONG THE WEST LINE OF AMNIA ESTATES,PHASE I AND THE
\ CENTERLINE OF SAID N.COLEMAN STREET,FOR A DISTANCE OF 57294 FEET TO THE POINT OF
BEGNNNG AND CONTAINING 2 .89E SQUARE FEET OR 1920 ACRES OF LAND.
BASIS OF BEARINGS DERIVED FROM THE SOUTH LINE OF PEGGY P.(PERRY)HEIST,TRACT 1,
RECORDED IN VOLUME 1121,PAGE 678 DEED RECORDS,COWS COUNTY,TEXAS
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\ ZONING CASE #ZO9-11
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C COMMERICAL ZONING REQUEST
\ OF
\ BULL, HILL, AND JAMES TRACTS
\\ a 5.920 ACRE TRACT
situated in the
COLLIN COUNTY SCHOOL LAND SURVEY ,v ABSTRACT 147
ono' PROSPER, COLLIN COUNTY, TEXAS
��A�'�, Enatneer/Applicant Owner
p�r" The thoroughfare alignment(s)shown on
Spiars Engineering, Inc. John H. Hill
this exhibit ore for illustration purposes
765 Custer, Suite 100 1261 N. Coleman St.
and does not set the alignment. The
6
Prosper,
alignment is determined at time of the Plano, Texas 75075 .rosper, Texas 75076
final plat Telephone (972) 422-0077 Telephone (214) 676-2395
Con tact: Kevin Wier
Owner Owner
IINo 100—Yr Floadpl°I�I Gary L. James Thomas D. Bull
Exists on'this Site. 1295 N. Coleman St. 1209 N. Coleman St.
Prosper, Texas 75078 Prosper, Texas 75078
Scale 1"=100' July 2009
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
• ty Thieleman)
Sworn to and subscribed before me this October 23, 2009
/L) . 7. crjeA___
" (Notary Public)
....s.R ,:,, LYNDA F. BLACK
°' Notary Public,State of Texas
My Commission Expires
i i1;••••;: $ May 27, 2013