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08-075 - OTOWN OF PROSPER, TEXAS ORDINANCE NO.08-075 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 11.295 ACRES, MORE OR LESS, LOCATED 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 Charles J. Winikates ("Applicant") to rezone 11.295 acres of land, more or less, located 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 11.295 acres of land, more or less, located 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: Penal . 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 91h DAY OF SEPTEMBER, 2008. APPROVED RM: harles Niswanger, or ATTESTED TO AND CORRECTLY RECORDED BY: �'►��� 0 r- P R A,; c�9 lafthew D. Denton, TRMC Town Secretary a* o o e o qtb °e. °i DATE OF PUBLICATION. S�%'��a , Dallas Morning News — Collin County Addition LEGAL DESCRIP770N BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Collin County, Texas, and also being all of a called 11.2936 acre tract as conveyed to Charles J. Winitakes as recorded in Volume 1842, Page 835, Deed Records of Collin County, Texas, and County Clerks No. 96-0069040, Collin County, Texas, and being more particularly described by metes and bounds as follows. BEGINNING at a PK nail set for corner in the center line of the asphalt pavement on Coleman Street, said nail being at the northeast corner of said called 11.293 acre tract; THENCE S 00'11'46" W following the centerline of Coleman Street a distance of 23.04' to a PK nail set for corner; THENCE S 01'05'19" W following the center line of Coleman Street a distance of 477.40' to a PK nail set for corner; THENCE S 89'57'06" W a distance of 1029.45' to a capped 112" iron rod set for corner in the east ROW line of St. Louis, San Fronscio and Texas Railroad; THENCE N 11'22'42" E Following the east ROW line of said Railroad a distance of 509.91' to a capped iron rod found for corner, THENCE N 89'55'09" E a distance of 938.00' to the Point of Beginning and containing 492,006 square feet or 11-295 acres of land. OF � rrF G a DAM J. SURDUKAN 'O 4613 `���~SUR t�o ©avid urdukan R P.L.S. No. 4613 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 Northeast Edition on: Sw(- TOWN OF T PROSPER, TEXAS ORDINANCE NO. 08-075 ed before me this JANET THOMASON * *: MY COMMISSION EXPIRES 1 = January 30, 2011 September 18, 2008 FwAll, '7"ON/a. 0,0 1/' W1A--- a/l/E8141 September 18, 2008 tary Public) N 5 I I CALLED HOMES ACRES CEX HOMES BLOCKCK 2. 2, TRACT 77 LAND USE - VACANN T FLUP. RHO- OFFICE ZONED - PD26 r I I I O J 1 I 1 1 /7 61LLEO 10.0038 ACRES CROSSIAND HOLDINGS, LLC BLOCK 2, TRACT 39 LAND USE - COMMERCIAL __ ,_-_ ,� FLOP: OLD TOWN CORE DISTRICT - COMMERCIAL - ZONED - COMMERCIAL / Ex. Co,cj CALLED 4.00 ACRES DAIRY MANUFACTURERS, INC. BLOCK 2, TRACT 68 VOLUME 3510, PACE 179 LAND USE - COMMERCIAL FLUP: OLD TOWN CORE DISTRICT - COMMERCIAL ZONED - SF-15 -L N 89'55'08" E _ \1 1.295 AG CHARLES WINIKAI;E DLOCK 2, TRACT i VOLUME 1842. PAGE�' LAND USE - VACA FLUP: OLQ TOWN CORE DISTRICT ZONED — AGRICUL REQUESVD ZONING : C RES S 89'57`OK W 1 V9.45' Ex. Gravel P—L 835 IT - COMMERCIAL 'URAL ----------------------------•-- LEGAL DESCRIPTI BONG a tract of CALLED 9.2956 ACRES Collin County, Tel JAMES ROWIAND Charles J. Winikat BLOCK 2, TRACT 64 Texas, and Count VOLUME 3402. PAGE 451 LAND USE - VACANT particularly descri FLUP: OLD TOWN CORE DISTRICT - COMMERCIAL BEGINNING at a F ZONED - SF-15 Coleman Street, I THENCE S 00'11'4 PK nail set for a THENCE S 01'05'1 a PK nail set for THENCE S 89'57'( the east ROW lint THENCE N 11'224 to a copped Iron THENCE N 89'55'( 492,006 square f I, Ij I'{ II I II I II I II I TRAILS OF PROSPER g3 BLOCK B. LOT 4 I LAND USE - RESIDENTIAL . MEDIUM DENSITY RESIDENT! ZONED - SF-75 TRAILS OF PROSPER a3 BLOCLOT 5 LAND USEK B'RESIDENTIAL s: FLUP: MEDIUM DENSITY RESIDENTIAL ZONED - SF-15 a g I e w a y C NAIL SET —S 00'11'46" W 23.04' CALLED 35.75 ACRES PROSPER ISO BLOCK 2, TRACT 32 LAND USE - SCHOOL FLOP: CIVIC/SCHOOL ZONED - SF-15 =o= 50 0 25 50 100 1 Inch = 50ft LOCATION MAP N.T.S. ZONING EXISTING ZONING = Agricultural PROPOSED ZONING = Commerclal GROSS ACREAGE = 11.295 NET ACREAGE = 10.470 ------- —-------- 20.5 Fulura UCKlnley - _ R.D.W. Dsdlea0an-------- The thoroughfare ollgnmenl(s) shown on this a exhibit are for illustration purposes and does hot set the alignment. The alignment is x stT determined at time of the final plat. I zislingg Hlgh E •., �. h ;. 1'^. • Sehoal Drlvawuy 5- „'. ---------------- I snr eaxw rkr,r x cur ox roc v I �-� ^wx No 100-Yr Floodplain ' ExLsts on this Slte. uoted In the Collin County School Land Survey, Abstract No. 147, 0 also being all of a called 11.2936 acre tract as conveyed to W ;corded In Volume 184Z Page 835, Deed Records of Collin County, No. 96-0069040, Collin County, Texas, and being more metes and bounds as follows: ZONING EXHIBIT A: FOR Z#015-10 let for comer In the center line of the asphalt pavement on being at the northeast comer of sold called 11.2935 acre tract; W i.n i k a t e s Tract Hawing the centerline of Coleman Street a distance of 23.04' to a 11.295 ACRES COLLIN COUNTY SCHOOL LAND SURVEY lowing the center line of Coleman Street a distance of 477.40' to ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS distance of 1029.45 to a capped 1/2" iron rod set for comer in Louis, San Francisco and Texas Railroad; Owner 2pplicant Engineer/Surveyor "owing the east ROW line of said Railroad a distance of 509.91' 1VIr. Charles J. W7ntkatee Grua & Brantley, T.T C Spil Engineering, Inc nd for comer, 5948 Melshlre Dr. 9350 Pasadena Dr., Suite 200 730 E. Park Blvd., Suite 210 distance of 936.00' to the Point of Beginning and containing Dallas, Tozas 75230 Fri—, Texae 75034 Plano, Texas 75074 Telephone Telephone (972) 239-1945 Telephone (972) 975-0840 Telephone (972) 422-0077 1.295 acres of land. Kevin Wier Scale 1'=50' May 200E H V E"t w Nw z ! z /1_ M L I'rr ^y o U 1:4 N Q' a M r-i ReWbrle Date I Imue Dates, 1 Scale, As Shown Drawn W BLWJKC Checked byr. KSW Sheet 1 Of 1 SEES No. 08-019