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08-082 - OTOWN OF PROSPER, TEXAS ORDINANCE NO.08-082 AN ORDINANCE AMENDING ORDINANCE NO. 06-127; REZONING A TRACT OF LAND CONSISTING OF 339.77 ACRES, MORE OR LESS, SITUATED IN THE LARKIN MCCARTY SURVEY, ABSTRACT NO. 600, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS„ TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-9-SINGLE FAMILY- 10/SINGLE FAMILY-12.5/SINGLE FAMILY-15/SINGLE FAMILY-22/SINGLE FAMILY-ESTATE(PD-9-SF-10/SF-12.5/SF-15/SF-22/SF-E) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-9-SINGLE FAMILY-10/SINGLE FAMILY-12.5/SINGLE FAMILY-15/SINGLE FAMILY-22/SINGLE FAMILY -ESTATE (PD-9-SF-10/SF- 12.5/SF-15/SF-22/SF-E); 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 Ordinance No. 06-127 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from CC Joint Ventures ("Applicant') to rezone 339.77 acres of land, more or less, situated in the Larkin McCarty Survey, Abstract No. 600, 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 Ordinance No. 06-127. Ordinance No. 06-127, Section 2.05 (Streets) is amended to reflect the deletion of the language regarding emergency access as described in Exhibit `B" attached hereto. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations 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 Official 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 Planned Development District shall be sent to all property owners within two hundred feet (200') of the specific area 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 and Ordinance No. 06-127, 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 and Ordinance No. 06-127 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 23`d DAY OF SEPTEMBER, 2008. APPROVED AS TO FORM: arles swanger, Mayor ATTESTED TO AND CORRECTLY RD B� ew D. Denton, TRMC Town Secretary DATE OF PUBLICATION.• O�7'0/39Z— �, a 0.P , Dallas Morning News — Collin County Addition I r M EXIIJBI'.I' B STATEMENT OT INTENT AND PURPOSE (W.I•I.ITLEY.PI.,ACE PD Air1r'NID\ICNT — `rkACT B, SECTION 2.p5,,PARAGRAPH 2) ':...The purpose ofiliis submittal is to amend .paragraph, two of secti.dii 2.05 of' the existing Whitley Place Planned .Developrnent by removing the requirement for an emeraancv access connection to Custer Road which affects Tract B. Thelanguage to be struck froth this paragraph is the following: "An Emergency Access road shall be constructed_ of Grass-cretc or:similar suitable material from the local residential street to Custer Road.to provide a second point of access ao this tract.. Tlhis Eniergcney:Access:road shall be provided within an Access rasemen.t. The Emergency Access entrance off Custer .Road will lie gated -with a Knox box and/or lock as per Fire Department requirements, and will be built to comply with the landscaping and. screening requirements set forth herein. :During the preliminary platting process for Whitley Place, Tract B, it was recomn' 'fended. that the emergency access drive be removed front. lot 23X by the Torun of Prosper staff. 'On the preliminary plat, approved by P&Z on May 20, 2008, note 6 references the removal of -the drive. and reads as follows: "Emergency Access on lot 2 3X may. be removed pending an amendment :to article 2.05 of the Whitley Place Planned D.eveloptnent Residential Development Standards, accordingly lot-23X rria:y be reduced to 20 feet in width." c,r;o�o;a cnnanzoa,� L;mu;, n aoasoers aoc 4 460LL i Lu- 75'417•7 � 7 3S, 74 33 .00 Y -rrnrv-r. MIN. FF.=. 7 NqG,� 639.58 o' MIN. FF.=. .. `�� ' 333.."�. .� 639.58 .yj �8457. 15.48':I 9 O.W. ,8 N 9 �� 24 15 trj ^ 4 35' S.S.E. & VARIABLE WIDTH MIN. FF.- DOC. NO. 20080410000431250`, �. RIGHT—OF-WAY ... - ` ... r 639.45 DEDICATION >7 S 9.25�`, 9 1.6.:�5oro . Ss . (1,s60 S.F. `\ 7 Fco o' 72 61 .� 0.045.: ACRES)' �. 19.41' w 9 S 9'F S7 20' B.L. 9' 24S'.� \GCS \ 186.37' MIN. FF.= S rn. J. C d U YV. 1/Ll �:. 7 639.45 �'�4' (7� �w... Z .0 ¢ IRF '\ Al �� - 7 3' W.M.E. �'' f- Q v� cv �t C6 r L4 9� 17 .� ...o O ^ cn ` Q : o �, no CO. L,¢ ¢�� 0 5"UV N ,,� .. 1 S. S. E. M � M I o= �, o \ ,.::QPEN PACE awl O CC' ~ O � N Z 9 0 1't5 ACRES �n 45 cn ¢ "0 - d Z. .. .�- �< � -175 77 O N 0 Z Ln �u`� cn � �. O l x-�-. - I 4 1 F2" w Z :22X, OPEN :SPACE 1/2.,�;;�aw�r» r7 - -:aI t' LL�, �. IRF N89 ¢ 00 44 W. 361=65-- (0.300 ACRES) t:� N I-- . . CONNECTION. TO I-r0"'3X OPENTSP'gCE� ANDS � } w cp ACCESS AND UTILITY EAR EXISTING CEMETERY �EMERGENUX ACCESS. EASEMENT (Q,1:77 ACRE}' O z J Ld < L. G. 73 ROAD WITH GATE 25' S.E& W.E. —I IW—.W DOC.. NO. 20086214000178760 '� < � 0 m 1 .. z �... ¢ n- X(�0 - ----=' - 0 z w RICHARD L. MOWRY VOL. 3173, PG. 738 EAST FIRST STREET:- ml a ¢ o.cZi1 (VARIABLE:WIDTH RIGHT=OF=WAY) zfiY—•--•—z—. z--•--. .->—,—x--x—z—•--•—.•—z—x—°-x�z--,._—.--r—. I I. EXHIBIT C 7 ✓/; ® © _ �ELTltO nxx•:•vr.S10v taTvasTFZIIaRF'EN ® ®©crss.^na�sm�saats©.alFssc:a�rrsly ® mrcr•9nrz�.r_.r.:.r;>3>msmcs.,,i.ml� .., m�ervcrr��rxcasrsty�nsxca-a�.cry o.o-:r_racrz�.taassxTar..'�.?zar:xs+ ® oErsc7F�cs�cv�sT;r��zTP.2saolT� ® mEa.Tcsamrcrtra.Tl�a3mrQ.vaa7>Ha +� . ® mQc>�rnsmr•.mmamTxTv.�ssac:��asa t a a LOCATION MAP M cl 'y=� €ge b 'a LOT 27%, BLOCK U y OPEN SPACE /ENTRY FEATURE yO • A1hha k� �5. x a I ° DETAIL "A" as f° _ s x°•0:.; � � 9ilwaw.lnwD �� 1m _ _ ... © tt� REAR Ii LOT ml to o1. 20' B.L. (FRONT) STREET GRAPHIC SCALE (n 1Tsr 1 6 ul 0 NOTE u6iO3' '�",�° •tr ay �qb� p I € TYPICAL LOT SETBACKS PLANNED DEVELOPMENT-9 EMERGENCY ACCESS ON LOT 23X SHALL BE REMOVED OUE TO THE CUL-DE-SAC ON GLACIER POINT DRIVE y N2 '10 v 'h� ^ ? W# x� `a 575' TRACT B STANDARDS PROSPERGFIREEDEPARTMENTLOVERACE PER 7HE TONN OF E 03' ,x d'� 51/�.I1 74.3 IA'O +aA � SCALE, 1'=SC m^ A` � m:,a "4yr 1qi Z'i9J' ; : v 3 PD AMENDMENT EXHIBIT WHITLEY PLACE B m a. -TRACT V ga. g _ QO N6491.59'W L YwuCx `G .3 83.52 LI o• u 4 ��gg C 1^ OB g K36 LOT AflEA CHART Lol 5, Bloek l 2].2fi8 9vume feet D.5]a Ac.ee BLOCK L, LOTS B-19; g a *a • —J�le NJ';b3 5"W p"21E '�, tdey lal 9, M- L '2J,81e sgeory Feel nfi]9 SINGLE-FAMILY DISTRICT. 125 - g . } 1 e {"}_,) 4, §J zpJ y., �U w %�Pf,w yr1Oi 6 kt � 58 Avo lnl tD, BlecA L ZI,J]D 9wvry Eevl 0.499 Avn - 19.776 ACRES OUT OF LARKIN M.WTY . V y+_g3 Q '.. m•• "+ I - C g tl �R at ;3 SURVEY, ABSTRACT N0. 600 8 O n tl ,9 v �` eNitii aiie �l Sl— L W.— Slu— Feel 0.]67 Acea Loi 12, 616n L 15.500 SW. Feel .0356 Acne TOWN OF PROSPER, COLDN COUNTY,. TEXAS J ° x t O v 1°TI u1+vx —9-u-IW361.65' a j ��-` NI v.mnY(mn •v0 O ('� O W1f' ` .c.x.s �,�nn• ARTHY ABSTRACT lA7, OD �3� o W q . AOU0.0; ,3• `a"D,vvi �Ine L 15,500 Sw- Fv.l n35fi -.a Lol 1., 01ecA L 15,J05 5gemv n.3 n1v Avea W. 15, Blerk L 15.013 Swere Feet, 0.]83 Ann B L 23.112 Swve lel Ifi. lack feel D.5.2 Acres. CC JOINT VENTURES. LTD. OWNER/DEVELOPER 16250 Ovllva Parkwoy, SNfa 210 (972)931-8971 Dallas, TezOs 75248 e L g®®¢g a ml $8 _ ' CT NO.411 ryARLVL2Y/01w RpMi-0 AY) Let n. R- L 19,9J1 Sw.x. Fat u..w Ar,m. JDI PARTNERS, INC. PLANNER/SURVEYOR/ENGINEER s ' VU eLT, Ww9 16301 Quorum Drive, Sulle 20D B (972)248-7676 Y Fr (ts3�e k13x3 Let 18, Black L .2].28D SW. F..l 0.534 Ave. . Addison, T—s 75001 , Lol 19, Black L 1B,D22 Syuare Teal n41. 12 LOTS SUBMITIED: AUGUST 07, 2008 Sheet 1 of 1 5 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 —East Edition on: Sworn to and subscribed before me this r Y;e JANET TH OMASON `q1 ..., *; += yi MY COMMISS30N2011�RES January October 9, 2008 Fri (Lynda Black) October 9, 2008 (Notary Public) L Own cheaper than renting, pmt fell�D 214f599644610no 111-opt-a033 KK REPO STAR BANK REPO LUXURY APRI 11Won ►oLast ce PUGS Hurry, 214-500-4837 North Dallas Males/Females LANDMARK AUGUSTA S/W, will meet Late Model Possible lease purchase, PDO to $350 each Like New olreo24Park 9 640 e, low move -in 151 580-775-3193Hu 469-442-8566 Oak Cliff WNw.thotpuppyplace.cto7 m MONTANA 2955RL Like New, Must See MERCHANDISE Must Sell 214-500-4837 Hm Newly remodeled 3bd- 2ba, 1350sgft, FS80, $50001 RAMPAGE TOY HAULER dn, $1042/ma oil inclusive, no closing 817 Antiues, I BANK REPO 996 9926 Collectibles 23' Tongue Pull Gen L,6ADED!atio0 Carrollton TOP DOLLAR PAID 469-733-5176 Own cheaper than renting, For Autographed items, Movie Memorabilia AUtos%Trucks - /2/2 , Ig yard, no redone 'DEC' pint till DEC 214-599.6402 LP's/ Albums, Vintage Guitars. Please mail list of Desoto your items to. Michael 110. W. Sandy. Lake Rd A102 Co,PeiI Texas 75019 ` br Call 214 551 8658 • • All redone 2100sgft 3/2/2, 0 Individual wants down, pass owner fin, na pymt til Nov. 214-599-6402 Tickets S arts p to buy•vchicle ' Zero move in to vets, 2501 Entertainment sq ft all new inside , gred Any ' on 11 neighborhood 214-599-6402 *BEST COWBOYS* Grand Prairie 2008 & 2009s CALL 817-797-5622 • ' 20, large 8 nice 23UUsoit 214-599-6411 Employment Services Lancaster Watch Post Office Now Hirin ! Avg. pay $20/hr Own cheaper than rentin!' or $57r, Incl. Fed Ben, Placed redone 7800 so It 3(2/2, Ao pint T!II Dec 214-5996402 • Source, nOT.a by adat w/ USPS who hffiliated ires. 866483-1524 Mesquite /` happen, Possible lease purchase, 41M ,completely remod, FINANCIAL wont last 214d99-6410 South, remod-3/2.0,,nice Retail Business hardwoods, 2 �tory, no pmt till Nov. 214399-6402 • CY Opportunities LECAL BIDS LEGAL I Valero company c-store for NOTICES NOTICES sale. 1111 Denton H-Y.HaltomCity $96k la- side 128g gas,, 831-236-0015 Owner Financing Avauable legal Notices Legal Notices )IRFCTOF To Place Your Service Ad Please Call 214-977-7857 Building(Remodeling Rick Zimmerman Construction 30 Years Residential ex- pertise in the Rockwall/ Rowlett area. Local refer- ences. Small repairs & •omplete remodel & addi- Ilons. *Call 972-880-0129* Docket # 08-12 1226 Palo Duro or, ORDERED "That the building be repaired, as noted on the February 28, 2008, inspection report, by December 4, 2008. If the building is not repaired, as noted on the February 28, 2008, inspection report by December 4, 2008, civil penalties in the amount of $100.00 per day be assessed against the property beginning December 5, 2008, and continue until all repairs have been made and a final inspection conducted. If the property is not repaired by December 4, 2008, the City of Garland shall be authorized to proceed with demolition". Pursuant to Sec 32.29 (a) of the Code of Ordi- nances, any party aggrieved by a decision of the Board may appeal the decision by filing an appeal to a District Court within 30 days after the Board' has rendered its decision in accordance with the provisions of Sec. 54.039 of the Texas Local' Government Code. SIGNED this 25th Day of September, 2008 /s/: David Perry Chairperson -David Perry ATTEST: Steve Killen Secretary to the Housing Standards Board Steve Killen i "Future Housing Standards Board notices will be l posted in the Daily Commercial Record" APPLICATION HAS BEEN MADE FOR A MIXED BEV- ERAGE RESTAURANT PER- MIT WITH FB FOR KEET ENTERPRISES LLC DBA AGAVE RESTAURANT & BAR AT 2067 SUMMER LEE DRIVE SUITE 105, ROCKWALL, ROCKWALL, COUNTY, TEXAS. SAID APPLICATION HAS BEEN MADE TO THE TEX- AS ALCOHOLIC BEVER- AGE COMMISSION IN AC- CORDANCE WITH THE PROVISIONS OF THE TEX- AS ALCOHOLIC BEVER- AGE CODE. VU CHAN TRIEU - MAN- AGER, LINHHUYEN NGUY- EN - MANAGER IL 3 800Z'6a64op 'AC psar)gj 80E I 0 0 0 ro n f. Pn Mq to., a. Priz@s Awarded r in &SA C46 or ! whic6?vided by 1st Place: $150 gift card, 2nd ,Place: $100 gift card 3rd Place: ,$50 gift card f Cookie Man: selection of yt cookbooks (one winner) Winning recipes will appear in !' The Dallas Morning News Dec.101 cl?' To enter: send us your best recipe in any of these categories: # Family Recipe. Cookie A Decadent Cookie �E Bar Cookie 3E . Incredibly Easy Cookie �►E Decorated Cookie - - A The New Cookie Man (judged on appearance only) of Entry Fees: • $5 for one recipe • $10 for, two recipes • $12 for three recipes r4 Payable by check or money order only. I nn l of b: r t i Cf d c F of En( Crc to' re �ej` Asie O WE E your entry fee benefits The Dallas Morning News Charities. For entry forms and official rules go to your local Central Market store, or'. go online to hftp://www.dallashews.com/adv/Cookiecontest. Deadline: All entries must be received by Monday, Oct. 27. dallasnews.com _.__ __, --.ram _. _ r,,_ _.r_ -i.--r�r,�i1o0'I:i.l LdJ A`✓4L '�-'Rr.La�?/V'Y .�f�V3"��'l'��'1`0�1''S[ SMON 6uivaoW se11eQ ayl wo: SA1QUSnll°P