08-119 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.08-119
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 0.543 ACRE, MORE OR
LESS,LOCATED AT 608 EAST FIRST 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 John Christie
("Applicant") to rezone 0.543 acre of land, more or less, located at 608 East First 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 0.543 acre of land, more or less,
located at 608 East First 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 DECEMBER,2008.
APPROVED TO F .•
ar es Niswanger,Mayor
ATTESTED TO AND 01111111®
CORRECTLY RECORDED BY: ®�®®®� OF PR®®®®®et ®
/ % m0.amac®ao
1� // ®P °off 00
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M.tthew D.Denton,TRMC o r *
Town Secretary 4 446
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DATE OF PUBLICATION: PeC6-614 i3eZ 0, 48 , Dallas Morning News —
Ariclitirnr
EXHIBIT "A"
All that certain tract or parcel of land lying and being situated in the
City of Prosper, Collin County, Texas, and being a port of the Collin
County School Land Survey, Abstract No. 147, and being and including
all that certain tract said to contain 0.516 acres as described in a
deed to Sherri Phillips as recorded in Volume 5191, Page 3019 of
the Collin County Deed Records and also including that portion of
East First Street Southerly of the centerline of same and adjacent to
the aforecited 0.516 acre tract said tract or parcel of land is
herein described as follows; to wilt:
BEGINNING at a 3/8 inch iron rod set for the Southwest corner
hereof, said corner being the Southeast corner of a tract said to
contain 11/2 acre" as described in a deed to Robert H. Willis, et ux,
recorded in Volume 1054, Page 280 of the Deed Records of Collin
County;
THENCE along the common line between Willis and Phillips, North 00
degrees 25 minutes 29 seconds West at 296.15 feet passing an 1/2
inch iron rod found (with cap marked "J.E. Smith...' and in all a
total distance of 316.15 feet to the center of East First Street for
the Northwest corner hereof;
THENCE along the center line of said East First Street, South 89
degrees 36 minutes 02 seconds East 75.00 feet to a point for the
Northeast corner hereof;
THENCE South 00 degrees 25 minutes 29 seconds East at 20 feet
passing a 5/8 inch iron rod found (with cap marked 'J.E. Smith...")
for the Northeast corner of said 0.516 acre tract, and continuing
along the common line between Phillips and a tract described in a
deed to S. Graham recorded in Volume 2762, Page 262 of the Collin
County Land Records, a total distance of 315.34 feet to a 3/8 inch
iron rod set for the Southeast corner hereof;
THENCE North 89 degrees 46 minutes 47 seconds West a distance of
75.00 feet to the Place of BEGINNING and containing 0.543 acres of
land.
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OLD OFFICE I I
1957.to S.Coleman St. S89'36'02'E 340'to S.CRAIG RD.EAST 1ST STREET-Future Minor Thorougfore
k 75.00 n 40'+/- PRESCRIPTIVE ROW - All that certain tract or parcel of land lying and being situated In the City of Prosper,
r_____7_7_
Collin County, Texas, and being a part of the Collin County School Land Survey, Abstract
,44ry4v7 describeNo. d In a deed and i todShorn Phllllps a all n recorded certain tract
In Volume said to 5191�tain 0.516 acres Page 3019 of thus
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Collin County Deed Records and also Including that portion of East First Street Southerly
�0 .•, of the centerline of same and adjacent to the aforeclted 0.516 acre tract, said tract
m u ou ,04 �, m i or parcel of land Is herein described as follows; to wit;
0 o p vo z o C u1 U) o cx o m o BEGINNING at a 3/B inch Iron rod set for the Southwest corner hereof, said corner
u N ii N k 0a-a I croi on c h o @ being the Southeast corner of a tract said to contain "1/2 acre" as described In a
z a p: OiIf)g o - IS g7 Sc`3 N o w N< S h U) o z c� o : ct c°. deed to Robert H. Willis, et ux, recorded In Volume 1054, Page 280 of the Deed Records
��`- c in c �a �e ozv+ ¢„^,� c ac- c SaO c of Collin County;
p h I o o ¢ I o c -'h I o o 3 R z z o o I o "i I ��o o ''hlE°o THENCE along the common line between Mille and Phillips, North 00 degrees 25 minutes
C Li l- eL -l- 30 o o V- Crn ti "ate',,
��cea *Nccv .-��„13 „�^,z Inm oL)W� c�la(.0 'a ; 'i3 29 seconds West at 296.15 feet passing an 1/2 Inch iron rod found (with cap marked
-1 -I .,g na o I N z o- "J.E. Smith.„") and in all a total distance of 316.15 feet to the center of East First
0 o p o, p o Crx,n �^ o _ o 0 0
> II : > n > D m o of la o o n : o II , > n: Street for the Northwest corner hereof;
a.
j o ¢ o W > > j THENCE alongthe center line of said East First Street, South 89 degrees 36 minutes 02
4 m ii' 4-' seconds East 75.00 feet to a point for the Northeast corner hereof;
c
Cu 91 THENCE South 00 degrees 25 minutes 29 seconds East at 20 feet passing a 5/8 Inch
N Iron rod found (with cap marked J.E." Smith...")for the Northeast corner of said 0.516
acre tract, and continuing along the common line between Phillips and a tract described
"o ti - � in a deed to S. Graham recorded in Volume 2762, Page 262 of the Collin County Land
LH1
Records, a total distance of 315.34 feet to a 3/8 inch iron rod set for the Southeast
comer hereof;
THENCE North 89 degrees 46 minutes 47 seconds West a distance of 75.00 feet to the
S89'46'47'k� Place of BEGINNING and containing 0.543 acres of land.
75.00
PROSPER I.S.D. REQUESTED ZONING: DOWNTOWN OFFICE (DTO
VOL. 3868 SF15 EXISTING ZONING: SINGLE FAMILY-15 (SF-15)
RESIDENTIAL
FLUP=
CMC/SCHOOL „EXHIBIT A"
Zoning Case # -Z08-18
NOTES: OWNER: SURVEYOR: 608. EAST 1ST STREET
The thoroughfare alignment shown on this exhibit is for illustration
purposes and does not set the alignment. The alignment is JOHN CHRISTIE S.E. 1erauu1 EarthJ13trt'uegor PROSPER, TEXAS
determined at the time of final plot. 1700 REDBUD BLVD.,#320 5269 Highway 377 South AUBREY,TEXAS 76227
FLOOD INFORMAITON: The property shown hereon is not situated in McKINNEY,TEXAS 75069 0.543 GROSS ACRES
(940)365-9289 Jesmlth@cebridge.net
a designated special flood hazard area per FEMA Map #48085CO260G, (972)529 7022
dated 1/19/96, 0.509 NET ACRES
fF0 39402 SEPT. 2008