08-077 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.08-077
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 2.143 ACRES, MORE OR
LESS, LOCATED IN THE JOHN R. TUNNEY SURVEY, ABSTRACT NO. 916,
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 SINGLE FAMILY-12.5 (SF-12.5);
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 Arthur and
Karie Dalton ("Applicant") to rezone 2.143 acres of land, more or less, located in the John R. Tunney
Survey,Abstract No. 916, 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 2.143 acres of land, more or less,
located in the John R. Tunney Survey, Abstract No. 916, 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 Single Family-12.5 (SF-12.5). 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 TO FORM:
arles iswanger,Mayor
ATTESTED TO AND
CORRECTLY RECORDED - 00%1 111///0%
qV OF P// /i-
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aft 10,
M. hew D.Denton,TRMC v o � • .e
: �;c;�.., � it
Town Secretary = •
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DATE OF PUBLICATION: 5 /0 e:Al (4. /4 Z4 8 , Dallas mcf Ve= Collin County
Addition
EXHIBIT "A" Page 1 of 1
ZONING EXHIBIT
Town of Prosper
Denton County, Texas
Metes and Bounds Description:
Being a tract of land situated in the John R. Turner Survey, Abstract No. 916, in the Town of
Prosper, Collin County, Texas and being a part of that tract of land described by deed to Karie
Dalton and Arthur Dalton, as recorded under County Clerk's File No. 98-0090841, of the Deed
Records of Collin County, Texas (D.R.C.C.T.), and also being a part of County Road No. 48 and
Robison Creek Drive, said tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod found at the southwesterly corner of said Dalton tract, same
being the northwesterly corner of Lot 1, Block A of PRESTON LAKES, as recorded in Cabinet 0,
Page 135, Map Records of Collin County, Texas (M.R.C.C.T.), and also being in the easterly line
of a tract of land described by deed to Parthenon Development Partners, L.L.C., as recorded
under County Clerk's File No. 20060706000923520, D.R.C.C.T.;
THENCE North 01°01'32" West, along the easterly line of said Parthenon Development Partners,
L.L.C. tract, a distance of 402.34' to a point for corner corner in the centerline of County
Road No. 48;
THENCE along said County Road No. 48, the following courses and distances:
North 89'42'26" East, a distance of 206.60' to a point for corner;
North 88'39'08" East, a distance of 26.41' to a point for corner at the intersection of said
County Road No. 48 and Robison Creek Drive;
THENCE South 01'01'32" East, along the centerline of said Robison Creek Drive, a distance of
399.38' to an "X" cut in concrete found for the southeasterly corner of the herein described
property;
THENCE South 88'51'34" West, passing a 1/2" iron rod with a yellow plastic cap stamped
"DAA" found for the southeasterly corner of said Dalton tract, at a distance of 25.00' and
continuing along the common line between said Dalton and aforementioned Lot 1, a distance of
233.00' to the POINT OF BEGINNING and containing 2.143 acres of land, more or less.
OF
•
4� G1 E,Q,1 9��
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1 MICHAEL B. ARTHUR ►
Owner/Applicant C� ,OF5686 � �
Karie and Arthur Dalton �i' ESS 3'°
►mod SURD 4
611 Robinson Creek Drive
Prosper, Texas 75078
(940) 465-0075
DATE: 06/23/08 ZONING EXHIBIT
SCALE: 1" = 40' 2.143 Acres in the sir North Texas Surveying, L.L.C.
CALC. BY: C.S.H.
John R. Tunney Survey Registered Professional Land Surveyors
Abstract No. 916 1515 South McDonald St.,Suite 110,
CHK'D BY: M.B.A. , Town of Prosper McKinney, Tx. 75069
Ph. (469) 424-2074 Fax: (469) 424-1997
JOB NO.: 2008-0131 Denton County, Texas www.northtexassurveying.com
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:
PROSPER TEXAS
E'TSeptember 18, 2008
ORDINANC0:,08-077
AN OR D"I N?A N•C'E,I
AMENDING PROSPER'S
'-ZONING ORDINA,IC.E l..
TRACT2OF-LANDI COINVA
SISTING OF 2.143 ACRES,•'1
MORE OR LESS, LOCAT-
ED IN THE JOHN R.
TUNNEY SURVEY, AB-.
STRACT.N0.916, IN THE
TOWN OF PROSPER,
COUNTY, TEX-
-AS, HERETOFORE•
'
ZONEDSINGLE FAMILY-
(( NEHPcDiREZOD-ANDLAE ', {�'IWTHE ZONING CLASSI- ' (Lynda Black)
FICATION OF SINGLE.
FAMILY-12.5 (SF-12.5);\,
'DES.CRIBINGTHE :
'TRACT TOBE RE
ZONED; PROVIDING.,
FOR A PENALTY FOR I
THE VIOLATION OF
• ,THIS ORDINANCE; PRO-
VIDING FOR REPEAL-`!
ING, SAVING AND SEV-
ERABILIT.Y CLAUSES; :
PROVIDING FOR AN EF-
INCETANPOW, ORDNA D THIS
e,
bed before me this September 18, 2008
VIDING FOR THE PUB-
LICATION OF'THE CAP-
TION.
HEREOF.
a��, i•
=o ,,9G JANET THOMASON
1t_ '4•— *`- MY COMMISSION EXPIRES � XJ
•Lk,,,, January 30,2011'
otary Public)
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