08-076 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.08-076
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 0.5624 ACRE, MORE OR
LESS, LOCATED AT 508 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 Mark Chovan
("Applicant") to rezone 0.5624 acre of land, more or less, located at 508 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. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the property containing 0.5624 acre of land, more or less,
located at 508 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 9th DAY OF SEPTEMBER,2008.
APPROVED AS ORM:
rles Niswanger,M r
ATTESTED TO AND
CORRECTLY RECORDED BY:
atthew D.Denton,TRMC
Town Secretary
DATE OF PUBLICATION: 667r—/. 4-72- t'87 ogees , Dallas Morning News — Collin County
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FIELD NOTES
SITUATED in the State of Texas, County of Collin and City of Prosper, being all of the
tract as recorded in Volume 5881, Page 3674, part of the right—of—way of Broadway Street,
said premises being more particularly described as follows:
BEGINNING at a point for corner marking the northeast corner of said premises, said
corner being in the center of Broadway Street;
THENCE with said street and the north line of said premises, North
90'00'00" East, 150.00 feet to a point for corner marking the northeast corner of
said premises;
THENCE with the east line of said premises and departing said road, South 00'00'00" West,
140.00 feet to a point for corner marking the southeast corner of said premises;
THENCE with the south line of said premises, North
90'00'00" West, 150.00 feet to a point for corner marking the southwest corner of
said premises;
THENCE with the west line of said premises, North 00'00'00" East,
140.00 feet to the place of beginning and containing 0.4821 acres of land.
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SU;'t1i
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:
TOWN- September 18, 2008
ORDINANCE NOx08076
AMENDRNG I R SPER S,!
ZONING ORDINANCE '
I NO. 05-20; REZONING.A'I'
TRACT OF LAND CON-
SISTING OF'0.5624 ACRE,
I MORE OR.LESS,LOCAT- ,
ED AT 508 EAST BROAD-
WAY STREET,' IN THE,
PROSPER
HER.ETOFO
1•
40NED SINGLE FAMILY,,
HEREBY•REZONEDANDPAE '
- IN THE ZONING CLAM-1 (Lynda Black)
L. FICATION OF DOWN-?
DESCRFBICNGpTHE
,ZONED;-PROV DR GI
FOR A-PENALTY FOR '
THIS ORIDINA CIE PRO
VIDING FOR REPEAL=�i
ING,-SAVING AND SEV-.'
ERABILITY CLAoSES• 1
FE�TIVEN801
ATE GIN
S scribed before me this September 18, 2008
ORDINANCE; AND.PRO-
VIDING FOR- HE PUB-;f
I LIGATION O F'. CAP_
TION HEREOF:
y
sSk.pep, JANETTHOMASON
`•I'*E%5� •.'= MY COMMISSION EXPIRES 0-Le\&_.
_:;, ,, January 30,2011 Lary Public)
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•
•
FIELD NOTES
• GRE£SON KREPS FTARENONO - SITUATED In the State of Texan,Co per,bete a0 of the
Vol,5828, �� MAT"recorded In Vpr me ses1,P qa a �dof q�bed as yo o�eroarfe r Street
Page 4382 ��94-0098060 Vol. 1311, Vol.4450, and Field Stoat sold premises being mom ,cukdy described as tattoos:
Page 899 Page 2417
BEO01NIN0 Ct a gird for comer marl'lrg Ilte northeast comer of said premises,said
SF-15 SF-15 SF-15 comer being In slot cantor of ereodeop street
• S F-15 1HEN E Ith cold street and the north of mild emieea Nor h
Residential Residential Residential 90'0000 Fort 175.00 feet to a point for earner crldng the northeast earner of
• FLOP-Office FLOP Office FLOP Office Residential Bald premlem;
FLOP Office THENCE vlth the Cast Me of acid preminea and deaaoorrtitrng cold road,South a000'00'West
•
140.00 feel to a point for comer maMnq the soufhmst comer of wid promlaee; ,
711FNCE Pith he th fine of mid premtaes,Narlh
90'0000 We n,178A0 feet to a polo[(ar turner maddnp the southeast comer of
cold premises;
Tf0110E vlth the vest Me of sold�rnnfeee,North 0000.004 East,
140.00 feet to the pfoce of beginning and aanteining 0.5824 acres of lend.
i--150' to Parvin Street EAST BROADWAY STREET
N 90'00'00" E 100'ROW
POINT OF 1.75.00 Dedication per Bryunte 2nd Addition
BEGINNING unrecorded REQUESTED ZONING:DOWNTOWN OFFICE(DTO)
EXISTING ZONING:SINGLE FAMILY-15(SF-15)
It
w • TRACTI 3
•
PRMO PRADO REQUESTED ZONING oASIA
CC#94-0000062 cc#94-OOOOO828 8 DOWNTOWN OFFICE $ O 0 LINDSEY WOI9ANKS
Kinn
o CC9 92-0041751 Vol.560,
0 0.567A GROSS ACRES b Page 451
SF-15 EXISTING SF-15 — ' • 'lUIf-
S F-15 Z 0.3099 NET ACRES • S F-15 SF-1 5 NIIIV
• Residential Residential Volume 688f,Page 3674
•fLUP=Office FllIP Office .Residential Residential I
N 90'00'00" W FLUP_.Office FLUP.,Office r
COULTFN 175.00 SF-1 5 RI
Vol.4922, Residential N
Page 2903 . RAW=Office •
Hy .
FLORES ORM JACKSON FOASS JONES ' Scale:�• 30 .
Vol.3301. Vol.3300, Vol.931, Vol. 931, Vol. 1708,
Page 676 Page 547 Page 542 Page 544 • Page 86 Z 08- 12
SF-15 SF-15 SF-15 SF-15 SF-15 ZONING EXHIBIT "A"
Residential Residential Residential• Residential Residential
FLIP-Single Family SingleIjpam FLUP=Single Family sinFLUP.gle Family FLOP=Single Family 508 E. B R 0 A D WAY STREET
•
• PROSPER, TEXAS •
. PART OF -LOTS 4, 5, 6, BLOCK A
BRYANTS SECOND ADDITION
• itr thamghfine aagement sheen on Ode WW1 aro far 0admeon Surveyor 0.5624 GROSS ACRES
wDemee.f_qey�urn the agaemgd. The alpmvnt is aat.mimd Omer NNIe Land 9m,Ma,ha 0.3099 NET ACRES
sport M pap��.�e pr�ypd yip amY Oman P.O.BY 407
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