08-043 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 08-043
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 0.8265 ACRE, MORE OR
LESS, LOCATED AT BRYANTS ADDITION, NO. 1, BLOCK 9, LOTS 10, 11, 12
(101 EAST BROADWAY 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 David Murry
("Applicant") to rezone 0.8265 acre of land, more or less, located at Bryants Addition No. 1, Block 9,
Lots 10, 11, 12 (101 East Broadway 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. Ordinance 05-20 is
amended as follows: The zoning designation of the property containing 0.8265Zoning acre of land No., more or less,
located at Bryants Addition No. 1, Block 9, Lots 10, 11, 12 (101 East Broadway 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 13`h DAY OF MAY, 2008.
APPROVED AS TO FORM:
ha es Ni wanger,Mayo
ATTESTED TO AND 001111111/lf,
CORRECTLY RECORDED BY: ``�''a OF.PROS, ,
Aiall /
tthew Denton,TRMC o• ill o
Town Secretary d
'®'ems e•••--•..eoM o ```.
DATE OF PUBLICATION: A/ A2, 02 008 , 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:
OROIIN'ANCE NO?._..,..,.o May 22, 2008
.08;4Iit
A\VI0)RCDIINIA,NICE
AMENDING PROSPER'S 1
ZO.+NIIINIG ER!EIINIANICE
NO!.05S=20;; REZONING A
TRACT OF LAND,CONE
SIST ING OF 0!8265 ACRE„'
MORE OR LESS, LOCAT-
ED,AT BR.Y.AMTS•ADOII-
TIONI, NAI.16. BLOCK
LOTS 101 1i1I,12'(1011 EAST
BROADWAY STREET)),
XS TOWN!OF PROS,
PER, COLLIN, COUNTY„
T • ! ��"??��
TEXAS HERETOFORE
ZONED SINGLE FAMILY- ,
TS I HEREBY (Lynda Black)
REZONED,
AND,
D PLACED:
IN!TiHE.ZONING CLASSI!
FIICA,TIION'OF OOWN-
TOWNI OFFICE ((OTC));
EES;CRIIBIIN'G THIE.
TRACT TUBE'• RE-
ZO'N!ED• PROVI'D'IINIG
FOR A PENALTY FOR
TiHIE VIIOLATVON OF
MIS ORDINANCE, PRO
VPDIING FOR REPEAL-
ING,SAVING AND SEV-
SwC;EROVIDIN&IITY CLAUSES; bed before me this May22, 2008
PROVIDING D FOR F EF-
FECTihVE DATE OF THIS I
ORDINANCE; AND PRO-
'VIDIN'G FOR THE.PUB-.,
LICATION OF THE CAP-
TION(HEREOF.
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NOTE
CC 01-35296
Th theraughfare alignment*harm on this
Pt+rt and does not sat the alignment exhibit are for ga deer
time of final plot,
ir
part of the sob Pro P fs ah � alignment i* determined �Q[L
4No na tcaf G abject pmoe I rant be In 100 Year Flood a nngg tralfon
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note map. dated Jan. 19,9DB.� PROSPER
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o Residenii/ said iBO, and south said premises.
promisee. a0 feet to° uth fine of said
200.00CE with the aid comer being in the forcen corner soldmarrk premises,theauth
ColemanStreetthw of
feet West line er sou
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90000E depaacting marking the said Coleman
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sold premisesat, t aos p�ei t ton aStreet and with the n Stree premises;
h West.
and in thw center Paint for comerha line comer ofof said a 00-
200 CE departlny said of °q alley; marking the northeast corner.
North
a 00 feet to the Placeil of and beginning tandecon inin9 0 ai premlaes, So rner of
Y o acres of land.00'00 00' East.
Page 396 WAt Properties
j 5 Vol. 5829 W
01 Page 876
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Residential Aft
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EAST BROADWAYSTREET
100'ROW
Martillez Mason 30
Vol. 4799, Page 1743 30
WNTOWN OFFICE sate: = 30'
Residential Z08 - 5ZO
KING EXHIBIT "q "
101 E. BROADWAY STREET
PROSPER, cL0�-S TEXAS
S
P.O. 40 .Ue 10, 11 Va1My yl,_,,T.x�. , 12, BLOCK 9
F� ,tft BRYANTS NO 1
EGPT 2007 080120