08-029 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 08-029
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
GRANTING A SPECIFIC USE PERMIT (SUP) FOR MINI-
WAREHOUSE/PUBLIC STORAGE, LOCATED ON A TRACT OF LAND
CONSISTING OF 5.415 ACRES, MORE OR LESS, SITUATED IN THE H.
JAMISON SURVEY, ABSTRACT 480, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS; 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 Mooreland
Fund III 380 Comm Office, L.P. ("Applicant") for a Specific Use Permit (SUP) to allow for mini-
warehouse/public storage on a tract of land zoned Commercial (C), consisting of 5.415 acres of land,
more or less, situated in the H. Jamison Survey, Abstract 480, in the Town of Prosper, Collin County,
Texas, and being particularly being described in Exhibit"A", attached hereto and incorporated herein for
all purposes; 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 to grant a Specific Use Permit (SUP) 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: Specific Use Permit Granted. Zoning Ordinance No. 05-20 is amended as follows:
Applicant is granted a Specific Use Permit (SUP) to allow the operation of a mini-warehouse/public
storage on a tract of land zoned Commercial (C), consisting of 5.415 acres of land, more or less, situated
in the H. Jamison Survey, Abstract 480, in the Town of Prosper, Collin County, Texas, and being
particularly being described in Exhibit"A", attached hereto and incorporated herein for all purposes as if
set forth verbatim.
The property shall develop in compliance with the conditions expressly stated in the site plan, attached
hereto as Exhibit"B", the conditions expressly stated in the landscape exhibit, attached hereto as Exhibit
"C", and the conditions expressly stated in the conceptual façade plan, attached hereto as Exhibit "D",
which is incorporated herein for all purposes as if set forth verbatim. Except as amended by this
Ordinance, the development of the Property within this Specific Use Permit (SUP) 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 25th DAY OF MARCH,2008.
APPROVED AS TO RM:
ar es swanger,M
ATTESTED TO AND
CORRECTLY RECORDE Y.
tthew Denton,TRMC
own Secretary
DATE OF PUBLICATION: 14C A .- 31 006 , Dallas Morning News — Collin County
Addition
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal 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—Metro North Edition on:
f ORDINANCE NO.0B-029
, AMENDINGI RA-N C 8 April 3, 2008
ZONING,ORDINANCE
NO.•05-20; GRANTING A.•
SPECIFIC USE PERMIT,
(S.UP). FOR MINI"-.
WAREHOUSE/PUBLIC
STORAGE,LOCATED ON i •
A TRACT OF LAND CON 1
SISTING OF 5.415.ACRES,
MORE-OR LESS, SITU- '
,ATED IN THE H. JAMI-.•'
SON•SURVEY, AB-
f -STRACT 480, IN THE
' TOWN'OF PROSPER, ^ /
COLLIN,COUNTY,,?EX- /,
( AS; DESCRIBING THE.,
,TRACT TO. BE RE- /� / (Lynda lack)
,ZONEDrPROVIDING
THE VIOLATIONFOF'
THIS ORDINANCE; PRO-
, VIDING FOR'REPEAL-
ING SAVING AND, SEV-
I ERABILITY CLAUSES;
PROVIDING FOR AN EF- -i
FECTIVE DATE OF THIS
ORDINANCE; AND'PRO-
VIDING FOR THE PUB- ,
I •LICATION OF THE CAP-
'TION•HEREOF. _
SW" ' ' ibed before me this April 4, 2008
•
A )
.•,, Y'P�- LISA BATTENFIELD (Notary Publ )
Notary Public,State of Texas
a My Commission Expires
`... ...."y' JUNE 1 2011