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08-056 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 08-056 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 1.639 ACRES, MORE OR LESS, LOCATED AT THE VILLAGE OF PROSPER, BLOCK A, LOTS 1-5, IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED DOWNTOWN SINGLE FAMILY (DTSF) 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 G&M Investment ("Applicant") to rezone 1.639 acres of land, more or less, located at The Village of Prosper, Block A, Lots 1-5, 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 1.639 acres of land, more or less, located at The Village of Prosper, Block A, Lots 1-5, 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 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 8th DAY OF JULY, 2008. APPROVED AS TO FORM: Charles Niswanger,Mayor ATTESTED TO AND ,% CORRECTLY RECORDED ED BY:.4i, ®� O F /� ���i♦ 47.71,0, ® O• ry S r atthew Denton,TRMCa. own Secretary ft ®®®®`�® W®W �m� WI cot DATE OF PUBLICATION: E1 -A_ 11-, 00 , Dallas Morning News — Collin County Addition _____ 7 / 9 1 East 29A0" " 'ir.lc.; r .. Abstma Na.Ib S - - - R SIrTE OF TEX/5 § n First Street `2 COUNTY OF COLLIN § CERTIFICATE OF ACCEPTANCE eAoRe era r nu 0 WHEREAS,G&N Investment is the owner of a tract of land n 8 SEVSaba-E 225A0' skated in the State of Texas,County of Collin and Town of Prosper, Accepted b the Toxn of Prosper,Texas: , 51 65. . ,/ Se 1 Vera 1 12560'/ .20 ,o'. being port of the Collin County School Lane Survey,Abstract No.147, 1 �_3�- .1/y9''_ 125'Street hula A No 940 Easement(by MY play being all of a 1.549 acre tract of land described as a Tract'S'and Mayor, owl of Prosper li e - - - _ _ _f . _ _ _ _ Trn t-N-as recorded in a Warranty Deed from Arch Pardue to Gurley I Ltd,in Volume 5057,Page 5584 of the Collin County land Records with said premises being more particularly described as follows; The undersigned,the Secretory of the Town of Prosper,hereby certifies that the foregoing plot of The Village of Prosper,an addition to the Town $$ BEGINNING at a capped iron rod stamped'3258'found in the of Prosper was submitted to the Council on the_�j,___day of za ELL,_ R$ 90'at south right-of-way line of First Street marking the northwest comer of �i 20�nd the Council by formal action then and there I., - 1 sold Tract'N'and the northeast corner of Oadberry's property as accepted the dedication of streets,alleys,easements,and public places as g : LOT4 tl reuwded in Volume 4110,Page 1058 of the Collin County Land Records; shown and set forth by this plat and the Council further authorized the 'ill 9.437 SO.R. ,. THENCE with the south right-of line of First Street and the Ma to note the acceptance his her name as hereinobove 0.22 ACRES 9 Y bscby signing / r h line of said Tract'N',South 89'S8'00-East,225.00 feet to a subscribed. §-nab iron rod found marking the northeast corner of Tract'N'in the ``kA_ C • pavement of Craig Rood and also marking the northwest corner of 183 Witness by my hand'he-Z1 day of 2004.. land Corporation,Inc.9.378 acre tract as recorded under County Clerk , F le. N.20' f Nc.97-0005168 of the Collin County and Records; _ - y 6'mcnaq.Easement(y tan prat) - i THENCE with the east line of Tract•N, Tract'S',the west line Secretary.To of Pros Nu•a'go I Lam- --12y.ep• of said 9.378 acre tract,and the pavement of Craig Rood,South I�/J -1 _1n+w taco' SC112'00'West,300.02 feet to a'�-inch iron red found marking the '- southeast canner al Tract'S'and the northeast corner of a Prosper ISO Surveyor's Certificate 19.55 acre tract as recorded in Volume 1723,Page 868 of the Collin _ County Land Records; Know NI Men By These Presents: THENCE with the south line of Tract'S'and the north line of said R. 19.55 acre tract,North 89'58'00'West,225.00 feet to a capped iron rod That I.F.E.Bemenderfer,Jr.do hereby certify that I prepared this plat stumped'3286'found marking the southwest corner of Tract S'and the and the field notes made a part thereof from on actual and accurate LOT3 souheast corner of the aforementioned Gadberry property; survey of the land and that the corner monuments shown thereon were 9,435 SO.R. g THENCE with the west line of Tract'S',Tract N.and the east properly placed under my personal supervision,in accordance with the 0.22 ACRES tins of Gadbe 'a 8 P ,. property,North 00'r2ss0'East, e or feet to the point Subdivision Regulations of the Town of PEasper.Texas. 11 of oegof 10 and containing 67,504orright-of gross square feet or 1.549 gross N( �`�G A Y I ac+n of 10,261 is dedicated for right-of-way to Craig Rood leaving Dated this the_��day of ^lJ__.2004. g 4� 57,.!43 net square feet or 1.314 net acres of land. $g - 2 A C` 5 5; 4.:.fir:,R4w LOTS _-1�6-°a'°q°c°e°'kN(y w.wen) I o k` �. li . F.E.Bemenderter, r gii1 19.501 S0.R. •roe 1 2560'- _ Q § � •:,;•.+-,r=w. $g g 0.45 ACRES J n I '� Q stpgg t P NOV,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: Registtee51d Professional Land Surveyor a w5o4s $ g 1 dial s i,�, Tent G&M Investment acting herein by and through its duly authorized MOrmsvn° g 8 g c,)ge li i' officers,does hereby certify and adopt this plot designating the herein i„ above described property as The Village of Prosper,an addition to the STATE OF TEXAS § gwQ I I Ton of Prosper,and does hereby dedicate to the public use forever,the COUNTY OF COLLIN § A,sf P streets and alleys shown thereon.The G&M Investment does herein PI g 8 I eerily the following: ++gGG 1.The streets and alleys are dedicated for street and alley purposes. BEFORE ME,the undersigned.a Notary Public in and for The State of ,, [{ $b LOT2 04 2.:JI public improvements and dedications shall be free and dear of all Texas,on this day personally appeared F.E.Besnenderfer Jr.,known to me 8 ,g C 9,436 SO.FT. deli,liens,and/or encumbrances. to be the person and officer whose name is subscribed to the foregoing IIInp 0.22 ACRES 3.'he easements and public use areas,as shown,ore dedicated for the insWment,and acknowledged to me that he executed the some for the Y I pubic use forever for the purposes indicated on this plaL purposes and considerations therein expressed and in the capacity therein 4.'to buildings,fences,trees,shrubs,or other improvements or growths situated. In shill be constructed or placed upon,aver or across the easements as sho en,except that the landscape improvements may be placed in 6'tromp Fmemml(y Ws plat) landscape easements if approved by the tom of Prosper. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the eaoZ,�_day �- 9 5.the low of P not responsible for a facia an improvements of orgedn�-eee 2004. 1 I2s.eo'----j I n Prosper,s r D mi 9 Y - T t 6. coder,as,over any Basso be caused by mutual use and P_ - uY/4e_unl to eaea a1 all public utilities desiring to use or,using the some -u.8 - unless the easement limits the use to particular utilities,said use by Notary Public,State of Texas .0 co" pubic utilities being subordinate to the public's and Town of Prosper s use thereof. 7.the Town of Prosper and public utilities shall hove the right to remove oral keep removed all or ports of any buildings,fences,trees,shrubs or 0 1 Ni"LE an;•other improvements or growths whites may in any way endanger or ,� 9435 SO.R. robe fere with the construction,maintenance,or efficiency of their z. 0.22 ACRES A respective systems in the easements. 8.The Town of Prosper and public utilities shall at all times have the full• nigh of ingress and egress to or from their respective easements for the Fin$1 Plat purpose of constructing,restructuring,inspecting,patrolling,maintaining, reac(ng meters,and adding to or removing all ports of their respective The Village of Prosper systems without the necessity at any time procuring permission to anyone. Tinny Ewn't(by n pair--� 9.III modifrcatiore to this document shall be by means of plat and t �� ZS eV apDared by the Town of Prosper. being all of a 1.549 acre tract in the v." R6ax'op1+ 225 NWThi;plat approved subject to all platting ordinances,rules,regulations,and resolutions of the Town of Prosper,Texas. Collin County School Land Survey `rass� n4 J Abstract No. 147 Fes. ,•v,ro If. N1T.ES S,my hand.Ihia the__�2-day of__ 2004. BY:William GadeyProsper, Col/in County, Texas N.T.S. or vw'nity Yap Prh,ed Name and Title Via-Cm., oL� _ July 7, 2003 ST/:E OF TEXAS § COJNTY OF COWN § BEFORE ME,the undersigned,a Notary Public in and for the State of F.inane.'R. Tor s,on this day personally appeared William Gurley,known to me to be R the person and officer whose name is subscribed to the foregoing 0 NOTES:1)Selling a portion of this addition/subdivisim by metes and ins:ument,and acknowledged to me that he executed the same for the ..1, ZOOS sn..e u n bounds is a violation of state low and Town ordinance end is subject to purposes and considerations therein expressed and in the capacity therein ox • $ pines and withholdings of utilities and building permits;2)Five lots sta:•nd. 0.E - developed to Single-Family-3 standards; e u ` GIVEN UNDER MY HAND AND SEAL OF OFFICE this the-4SbAeLday of .Rob R-4147-0 1-134o-I x�5cF9 1 4 11oe�t.se_2004. ® �e.auw FROM Site Rau AC QQ ��op Latest Revision:November 19,2004 Notary Public,State of Texas ©ROOMS SURVEYING,INC. OWNER:C&N Investment P.O.Box 759. 20.943 uTS n l Prosper,Tx.75078 Puuvio nc 7so74 214-B01-7755 mit:aa•mi'. • • • J G God Spra®ry ASlI Ave . Ha 555r.!b.aSJ, GGa0 \ that OM!,Rol twit —Zwg G -a--IJ I.LAP.:a/ ate • dram&Calnfists Real gFMaxG Mai Gbh ffAdat me..9anfm I iraiar Sale Bent Situated N the Stole of Tank County of Chia and Too.of Prosper. -_ Edda Mists LP. f Lot aSb Ave Rena x gnat. 4Jir Ave • aJ1J Ann I.rB6 Acres part of the Cola Corny School last Surrey.PL lrool Na.147,being a0 al Ids Arawnml/.' AS1)Ave ^1e�^'t A hNrmva/k hefivarnl/.• 1-5,Blot•of(*Fuel Plat of the Village of Rope le1mdad N Vmore TR 0. SIXbapdtt1a26drA had fho➢a'RnCeda J10lSJAllmd'b'10 Ta1JlTp.UIZJ iB5) I 1 r11,a Pageparl 41 of th,M1..ibed as Wore Records with odd premises being man CUR GCAR Zm+g�Se-!S CCU GGAR I yaps Bank BEGINNING al a found copped Iron rod term flaw:dtrweea Fif/P.:4/.ea-am thm trace:Reauata/ land cape Residential M'0,.„' o-Pan Z 5f-11 stsinpod 7755'marking the northwest .R FLAP_mng. Zvu ff-JJ p• comer d sold let 5 al Moro 52,and the northern!corner of 0 'e 0817 GA aLG0.-abn QI F1AP_0.F.CA-wake echo cast m recorded N Vaume 57HJ,Page 5039 of the Calk Carey Deed F.LUP•al. -Mae FLAP.: .00.-a� !Iqq ow of Fimt st.t Ow ! I• RecordsTHENCE with the 0,10 Eno of tale 5 as 4 of said Rand OnW�fmdM1 .....�. I w and land mordn the of rye Streak Soidh 100010 fester a p-Inch • right-ol--wwoy.Bm..of 0 C0rpp Rooet-owner of Id 4 N the defeated moat �i�.� { 710TICE mil'An east Inn d itch I.3,2.non I.and the de&oled west —- 2 First Street .2,. ,-—-—-— dgM-of-en.n.Hie of S.Craig that.South M02'a0•Nee.300.0E feet to a - lab 1a02 area)... N-Inch Iron rod found narking the eedeml caner ea tot 1 of said Mellon N ea�'d'— --588'58b0E 190.80' n ` the desteobd iot.dge-ol-nay Ens of S.6aig Road,end beta N the north to. ��,Jyly�� -- of Prosper 00 19.55 tract as recorded In Volume 1723,Page 888 of the 'BEGINNING OF�u =i�F' �_Z+.�__n,�1[M Cohn Carob Land RemNa -- BEOINN/NO BI List 1 X IIBNCB.5A oo s10.6 0 of Ida 1 and 5 of rot Merlon'the onnorth toe of I et L t ♦--I said 1g35 acre tract.worth 5450'O0"Week 190.80 feat to a capped Yon rod dampedN. di 5e Vacant �wnf comer of of w aforementioned 000dad Bre the soutirmal 0.517 kO�:of said Mdd m and LOT 4 THENCE with thawed Eno of mid lot 5 and W east Eno of said 5dfr !f . to ♦\ 0.517 acre track North 0002'00'Fast,300.02 fast to 0n point of beginning and 11 p1 p,IJ1 Sp.R a p. mntainkg 57,2/3 not square feat or 1J73'r�el ores of Ind. 11 N I: __ri-1..1,1_ _t_4_b, I o r \♦ "_ , _ TOIvJGrosrAe=1.S79Ac or71,442Sq.Ft • { I F♦�,3 1a 0 i Total Net Ac.=1.313Ac or57,243Sq.Ft !w:S:LNairs 2..-\ I a) I �;t�_1 Qj C°ned UM Use 14 To.oW Asia'[)rirdr •IlaW Ma cW,Mc c3i '.{\ ;col I q Jp aT7 At. Q future Ind Via Old Tom Lon Valhi-O(!n rids Ace ash k,a Aew anon 1yl- o"NI ---- - - 0.509 ere ba((mantent a5„Arn rh._ \Residmlial_ ra I oe� '� W e Wt spaS MS 59Jp pp23020800,55259 2001U3a20.17710 GCAR `0 I SE_ �.._ 30 92 fond yapCG°et-° ah eeaR law Mesh Residentialp LOT 5 l o —�- bAf°e zenap:s-u zfamvPgesR=r:-8010 m y:.v-,s ,R au Ae� ,5' -ad 'e�i nil lawsa> an ha „a ft.dR-al FiaP_a.1-ar nal?:ar.Ga-al 'S51 g I,��.�� ,��� o L. cc/m-aaar,dr 1 ♦` l%iZ I9 Residential y . \ lard Wads Hofer tom maw. w,.mae.r.r..r..a,am ` ' ! 1 LOT 2 /a r.LAR:m c A:ar �"r'w rac°� �a'"• m y�a..e..r. ` I \ 8IJS 101.0E o SUS Ac. l !I$- 1(�' \_tt 1_ .,W . �m nItas—is 3r'7aa0. .to oa° / > J Av I I • , 1 1 1 J i/ i { LOT1 1 ! 1 G,�Qp4Q.i,,,`X \p.1351aFE h aT2.l. . now \\ x� '1-.1/i-\_4 ♦ firms-.JI . Edb/bitA - Vicinity Map .,at_�\ �'�:._ Natralide �-,,`-�Neasa2w w 19980' s� Zoning CaseZ0�8 _ 1155a.lm 'I ," 7 7 1 / ) r rI The Village of Prosper R55 Acres Red 1103!y d� I Lots 1-5,Block GCOR ' tort01 Usage Seed ! zoned sx/5 N Total Gross Ac.=1.639Ac.or 71,442 Sq.Ft. _ FLAP_'[ri;/SNm• • 1 Total Net Ac=1.313Ac.or57,243Sq.Fk 1�19 I , �I/ Collin CountyScboolLandSurvey, • /\ E AbstractNo.147 • . Lewd • Town ofProsper,Collin County,'Teras e Fra May2008 dr®m C44 Ike. RNImewla • ® ...Ay OM I.. 10 I.�Im�1 ej 0• 30' gy ga. FM IK km nee ram R., osW km ea era NiTaTS m iremaae a•amna nl Dome lBlld$l7re' IBc. 5(alc•7"�3a' �IIJIP. ra..Ina lsea M/ • T a7mA 1000Av4hm,7ID/� a O nstat m9Dia0 laffl0 .�