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07-001 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.07-01 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 5.8117 ACRES, MORE OR LESS, SITUATED IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. 112, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF OFFICE (0); 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 NW COIT/CR 81 L.P. ("Applicant")to rezone 5.8117 acres of land, more or less, situated in the William Butler Survey, Abstract No. 112, 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 5.8117 acres of land,more or less, situated in the William Butler Survey, Abstract No. 112, 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 Office(0). 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 JANUARY, 2007. APPROVED AS TO FORM: arles is anger,Mayo ATTESTED TO AND CORRECTLY RECORDED BY: j:!�1 ''atthew Denton,Town Secretary DATE OF PUBLICATION: 114°I'IU'GL j ,t4",a4Y IS;200,tIallas Morning News — Collin County Addition ®®0� 0 0 0 U 1®®®® � ®% \ OF PLO ,, mk o •aoOG 0o,o s © 0 0%.:.®® • � • W b3 00. O 3• Y� m o * � 00. c. 0 p 0 a O 0 ®©, O�Op 00� © °4®®ee�o�sa�®°� J y * * Exhibit"A" * * All that certain tract or parcel of land situated in the William Butler Survey, Abstract Number 112, County of Collin, State of Texas, said tract being all of a called 4.4866 acre tract as described in deed to NW COLT/CR81 LP,filed 12 April 2005, and recorded in volume 5895 page 829 of the deed records of the County of Collin, State of Texas, and part of Parcel 13 a called 2.7114 acre tract as described in deed to the County of Collin,filed 07 March 2003, and recorded in volume 5370 page 5363 of said deed records, and being more fully described as follows: Beginning for the northwest corner of the tract being described herein at a found 112 inch rebar with a plastic cap marked "Geer"by a pip fence corner post, said rebar being the northwest corner of said NW COLT tract, same being the most northerly northeast corner of a called 75.54 acre tract as described in deed to Bighorn Ventures II, LTD,filed 13 December 2005, and recorded in volume 6064 page 4112 of said deed records, and said rebar being the southwest corner of said parcel 13, said rebar also being on the south right of way line of Prosper Trail(previously known as Collin County Road Number 81), said rebar also being S 88 degrees 38 minutes 26 seconds West, a distance of 1158.95 feet, and South 01 degrees 21 minutes 34 seconds East, a distance of 50.42 feet from the northeast corner of said Butler Survey; Thence:North 01 degrees 21 minutes 34 seconds West, a distance of 50.42 feet to the center line of said Prosper Trail; Thence: North 88 degrees 38 minutes 26 seconds East, with the center line of said Prosper Trail, a distance of 1158.95 feet to a found 112 inch rebar at the intersection of said Prosper Trail and Coit Road(previously known as Collin County Road Number 80), said rebar being the northeast corner of said Butler Survey, said rebar also being on the east line of said Collin County tract; Thence:South 00 degrees 21 minutes 38 seconds East, with the center of said Coit Road, and with the east line of said Collin County tract, a distance of 50.3 feet to a found railroad spike for the northeast corner of said NW COLT tract, same being the southeast corner of said Collin County tract; Thence:South 01 degrees 04 minutes 14 seconds East, with the east line of said NW COLT tract, and with the center of said Coit Road, a distance of 179.04 feet to a found railroad spike for the southeast corner of said NW COLT tract, same being the most easterly northeast corner of said Bighorn tract; Thence:South 88 degrees 58 minutes 00 seconds West, with the south line of said NW COLT tact, and with the north line of said Bighorn tract, a distance of 1057.86 feet to a found 112 inch rebar by a pipe fence corner post for the southwest corner of said NW CO1T tract, same being an ell corner of said Bighorn tract; Thence:North 31 degrees 14 minutes 15 seconds West, with the west line of said NW CO1T tract, and with the east line of said Bighorn tract, a distance of 199.40 feet to the POINT OF BEGINNING and containing 5.8117 acres of land. 22 September 2006 � .-_� '. ` ': ` rPa ill°°as1'°`"'°°°°°a°°"'°'°°"'°'° °.grit Brennan, Texas Registere °ece acao:mosaoa°no u,o°.o.+ �• �;,, a°n 4Professional Land Surveyor n aC)K^ o f Z\'' /'Number 5560 f a ¢: % 4� °Y,7 tp..11t) i! • Z o n Il n g E x h Il b Il t ••E.hlblt'A" •• All that a male meet er parcel of land mltualed in tho Millen Better Sarrey.Ab.,raa,Bomber 112. oarl1• f 5.111.,Slat• 1 T..a..m Id tact b.Isg all el a called 4,4866 acr•rraot .dee.rlbed I.d.o1 NN CCoT/CR61 LP,riled 12 Aprll]003.a°d race d.d ie r 1.,.5695 page ex9 of the dud r rd. iI he Gal .f GIIiel 51°r•el T..°e,a d parr f P°r°.I IJ .ii.d 2.7114 e e rr .°d 'bad t dud r°the Guely el Colli° filed O7 Yara.20C3,ad re.erded le rol.ra 537o paga5365 of.aid dad ream..e.d Wog m°.•fatty d...,ib•d a fsl lose: Beg'..i.g 1or rh..rrha,i °rn•r el:h•tmaot being d°.mribed h•.sia r lamed I62 1°eh re1.r.11h ��>1 la •r bed•Oeer•by a pip fe.0 r•.p°.'..•Id rebar b•1•y the rthre.l oem.or el.°1d If/coil °:I,m.me b.l. the not er h°.I a rhea.,a,°.,•1 IlB4 75.5: e•tract a duarib.d in chid,.Bi ga°re V°nt.r..II.L1D.,SII.d IS Dee.ab•r 200S,and ce ded in o1.0.6064 b°g.4112.f°a 1 lead d..•.d.id reb°r I.i.g h• °ih.°.r r....Id °.l 13'.id..bar I. b°i. a lb..oth lyhr f y II.•el/ramp. Tr°11 fpralo°I°knee Collin G a ad N°dgd..thl01°d.dr.b°5ladlo b°Ina 3 6 eddi'Ee.t.amdi.....26of SC.'d2 I..i'Ir°o1.A°em°rih•.151.95 feet. al.aid Baler May: a M u e e° are•r '^ Thome:North 01 degree.21 algae.34 t°o.,dt Rem.a dltla.c.°I 50.42 feet,o the Ilse°1 w11 \ E. Chambers SurveyA 179 •:-.. tea'''.°". i A. Dyer p'°'P°``'°II . n Th.e :Ne 1h 66 d g.t 38 eat°.26 t e dt Eari,•Irh IM<a ter Ilse 01 old Prep m Troll. Survey A—258 alaaa..l n�6.o5 d.:t r. l°..a Ihx Leah .b. h.1'...meet la..r.Id Pr..p.r?reu e.a c.0 R°d Ipr rio°y lave t C Ilia C•v ty Read Neeber°8o .old robe,Wog ..o°r.h.a.1 corm •1 •i•'pYi L{j "Iryf,,1• .all B.r ler So.way. •1d ember.1se brag.s:ha e. lie. °f.ail Collin G.my mei •i '.Y• Thee Sar h 00 d•y t 21 of ea le.32. °d.Ea.t. Irh he c•.'.r•1 old Colt Road.cad.I th 1M att°lire of ald Gdll Cooe'a beat.a dlrlaace of 50,3 the to a!serf Iliad ryihe ter the°erfh.att _42y °0 oor e.r el..id NY COIT Ir col. ..e b•i eg the aeerMa.t°arm°r•1.aid Celli.Carroty Rrmet: ' A. _ Thrice:Snth 01 degree 04 maul..14 dm Earl. Irh the ae.t Ilse of old NE COIT Mac..a°d n •Pro. or Tfai I 7N Be' 1'�6•E 1136. olth Ih°c 1.old ColtRead. dit te.a of 179.04 rear r a lead rallr.ed maile for the....hr.1 or;'f ioo�11i ' — 0, - ' n f said NV COIT tram..a.a b.i°g the ma,a.t°r ly°°rth.amt aern°r of.aid Bighorn tract: POB 0.4 /1 ' ;f••.�++t+.23°rOO+m'+�t�`\ T.t to S::.!"/i::g./aidtBig`hel:ire..'.°:Idimi:.o°ri1hiAl.Cuf.oili,edr:::d IY2C/.chtr:br°b;o alp. o... `3.51I7 re.ere.g Z.1e .1 r poet for the a°°th••at mower of.aid NV COIT trawl..a.0 6°I°g 40 all carver of geld -I.SJ93 de.I.Ir l..r Tr.11 Blyhera::a:i: mitre 1 0 -0,2300 Pc I.Favor.Celt Rd. .n •A1fI ' 5.$ :k1/4::. ,r, I 4.233 Ames N.1 2.a'.g in: 7 1I •.rfle.n.l Thermo:North 31 degree.,14°iavleo 15.a e.4.Vest.•Irh m•ei Ile. f id N/COIT cad • .E:.S •.'}'°0I.;)• d;N.ti d•;r 0.., rt' m evil lime f raid Bighorn.reel.°•4i.i f M AO feel to the POINT OF BEGINNING wed 4Se.: .:.....11.'L :� ..:::T2:a:;• a df •".�:••1` °e°.r. >a as°i.l.g s.ell7.°...of 1:.a. • fsl 4:tmv .... ` L'°'." it :.".111. r ..�a...�_r.1.„4� � .e•aj�.. W. H. Thomason ' • •" s so'Woo"B Icy.\rm Survey A-895 14 November 2006 Jn:rf 04 Da°aber 2006.Baylor' William Butler Survey A- 112n o 81,''ia•°c., P.P. ttn.hi e.f.. pal Eric Breese.,Tomo Regl.torod i o«:.I.. n a 1-0.r.'. •a•.1 N.:ls:°55601 Land Sr r.agar etc Whispering lFar :;T:":e SILL ," wro n. ::' ii: c. '$'R1Sa°4;a r... Y Th•. al'llia.l:Giles... .:g.em.,he alr d:a:hi..:,biha ° TM.atigsoport .odoe:a .d:r11u°10 ' fi.alpI:1, FLOOD STATEMENT: I harm en.food the Depa,tn.°i f Ho,,I.q a°d Urban Dereloppn.ef.F•d.,a1 Fled Naaard Beaedary Nap far he G..ta°1 Co111n,Sl 1•°1 T..a.. oa city Pae•1 Nub.,46065-C ell•atle. fl.•d hazard 0ear'a.96h.onaea Pe..l%mbar°0260-0°aft raid map. ly I.Not olrhl.gene'A'I.po°1.1 ' '""—/ area)a.. gal • IN I."'WTI' d°..n°t I°PIh real rh.Pr°ert nd/crap h. 'veer vr.. lh III b.me free r b:n7 er naddby"::a ed.'e.a:t.l:I er.a161.Ilpad•2o.......bold`bai°:°aul*i1a°biii:,° S 1 T the part el rh°surveyor. ° Prop r r......n Appl leant: Owner: A Brennan LandSurveying n..I I Jo he °. Inn. NW COIT/C581 LP r.o.ma l.va u...m1..r. mom.T....MOP-O C/o �ohn Chang C/o Barry Sangani •ei..stmen-nn mtelli........a....1y....g1.1.1.... 380 1333 W. McDermott Drive. Suite 200 4541 Lancelot Drive 4,/ r...r.-ate-gem Allen. Texas 75013 Plano. Texas 75024 (214) 932-6069 (214) 208-0222 '•lf.l•at'awl,.•• /�� A. d Or.1..O1a.I 0— 4 II,..r°NrL:i'icnei'ia erg fleab4.,.I.�. 2m.d e...y.r. 1 came r.l sops rq.e2B D.R, n111a.B.11sr.area Abr..Ne.0 2 12B91 , 1.6:°i.o• CS:::a:d rim:.:° l • zoning cape OZ0e•21 Loeotion Nap o.° ra' br`ei— Jetb A.m..",2006 ..•l.by:_ 06-0421ZR am.: 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—Collin County Edition TOWN OF PROSPER, ' TEXAS ORDINANCE ' - ''NO-07-01 AN O R'D•I N'A N C E January 12, 2007 AMEN D,ING•.PROSPER'S NO. 05 O;i REDZONINQ January 14, 2007 TRACT'OF•'LAND CON SISTINfG,OF 5.81.17' ACRES -MORE OR LESS, SITUATED IN 'THE WILLIAM BUTLER, SURVEY,,ABSTRACT NO. 112,IN THE TOWN OF PROSPER, COLLIN �. COUNTY, TEXAS, HERETOFORE.ZONED' • AGRICULTURAL (A) IS, ,HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICA- TION OF OFFICE (0); (Lynda Black) DESCRIBING THE- ' TRACT TO BE RE- ZONED; PROVIDING FOR A PENALTY FOR • THE VIOLATION 'OF, T'HIS ORDINANCE; PROVIDING FOR RE- PEALING,SAVING AND SEVERABILITY•CLAUS- ES; PROVIDING FOR AN EFFECTIVE DATE OF-THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF subscribed before me this January 16, 2007,A.D THE CAPTION HEREOF co91QB0ERe"bj�� TEA T, •;h�Y uti4 d /V/ (Lisa Batt ield) -Af -'4TE OF": EXPI9�`; e fry®' °`'.-..' •c,0�