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07-050 - OTOWN OF PROSPER, TEXAS ORDINANCE NO.07-050 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 40.04 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT NO. 147, 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 COMMERCIAL CORRIDOR (CC); 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 Bon Terre-B, Ltd. ("Applicant") to rezone 40.04 acres of land, more or less, situated in the Collin County School Land Survey No. 12, 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: Findingsrporated. 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 40.04 acres of land, more or less, situated in the Collin County School Land Survey No. 12, 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 Commercial Corridor (CC). 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: Penal . 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 12th DAY OF JUNE, 2007. ATTESTED TO AND CORRECT, RECQRDED BY: Denton,tthew Town Secretary APPROVED AS TO FORM: ar iswanger, Mayor 'or- Prjo*ee q`e �d _mo a0000000(S� ®�®® O O (� ®tee ' ® a o � .G.- o 40 o $ Q9 � o Q9 � o dop o � dip o lop 0 o �®0 0 oO�ooauo PEX DATE OF PUBLICATION. U(-A AJe °Zit �2 ` v� Dallas Morning News — Collin County Addition Z07-6 LEGAL DESCRIPTION 40.036 ACRES BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY; ABSTRACT NO. 147, Collin County, Texas and being a part of a tract of land described in Deed to Prosper 80, Ltd., recorded in Volume 5103, Page 3723 (Document No. 2002-0021571, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the South line of said Prosper 80 tract, at the most Westerly Northwest corner of a tract of land described in Deed to Lakes of Prosper, Ltd., recorded in Volume 5372, Page 6921 (Document No. 2003-0044256), Deed Records, Collin County, Texas, said point also being the Northeast corner of a tract of land described in Deed to Prosper-Tollroad Joint Venture, Ltd., recorded in Document No. 96-0090247, .Deed Records, Collin County, Texas; THENCE Westerly, along the South line of said Prosper 80 tract, the following three (3) courses and distances: South 87 degrees 57. minutes 19 seconds West, a distance of 638.59 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; South 87 degrees 49 minutes 51 seconds West, a distance of 539.89 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; South 87 degrees 56 minutes 09 seconds West, a distance of 133.63 feet to a 5/8 inch iron rod found at the Southwest corner of said Prosper 80 tract; THENCE North 01 degrees 41 minutes 53 seconds West, along the West line of said Prosper 80tract, a distance of 1325.03 feet to a 1/2 inch iron rod with a yellow plastic cap found for corner; THENCE North 88 degrees 22 minutes 32 seconds West, along the North line of said Prosper 80 tract, a distance of 1331.63 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; THENCE South 00 degrees 50 minutes 43 seconds East, leaving the North line of said Prosper 80 tract, a distance of 1,314.30 feet to the POINT OF BEGINNING and containing 40.036 acres of land, more or less. ,� E• O F• Tf-I' Sean Shropshire April 26, 1007 Texas Registration No. 5674 Dowdey, Anderson & Assoc.,". Inc. 5225 Village Creek Drive, Suite 200 Plano, Texas 75093 Ph. 972-931-0694 R:\Data\2001\01050\01050A ZONING\01050DESC-ZONING-TR2-40.036AC.doc Page 1 of 1 I I el METTEN REAL ESTATE LP GRAPHIC SCALE _ _ COLLIN COUNTY I VACANT 0 VACANT SF-15 �p C 361'R0WN°oJ0 '1 I 6296. E Go c No. I 0 p P N88`2232'E 1331.63' N88'2232.:E'"1308 TOWN OF PROSPER ----- o VACANT CASE NO. Z07.6 �, o ETJ ROPOSED ZONING. CORRIDOR COMM ERN. AI: �� ,EXISTING ZONING. SF-16 '��I w 40.0'4 ACRES '`;"u^ EXISITING ZONICG. SF•16 /�' 1 Fri HEAD QUARTERS L 3 � I PROPOSED ZO Gr PD-SF-10 `fi 139.47 ACRES VACANT C 05� w jl w°r v i W m> orNr n urc m.rNs.. I.J I.p I/ 0 ac I wu I�I i , 6xGs _ , x — - - — - - — - - — - 'S6'0 ' W S87*49'51 "W S87'S7-19"W SB 133.6 539.89' • 638e 59' - -•A°°0`"-°^ I POINT 0E " o: BEGINNING 360'ROW I (PROSPER—TOLLROAD I, IJOINT VENTURE LTD I VACANT MF PD-35 COTHRAN MALIBU I COLLIN COUNTY I INVESTMENTS INC. VACANT I VACANT I MF PD-35 I CC I '1 'I O o I I 1 p NOmH PR I I I N I P � I i;W 131 /:ao r LAKES OF�,PRO PD-8 SF-1 LAND USE: „ I 'I I \ i t 50, LEGAL DESCRIPTION 40.U36 ACRES BEING a tract of land located in the COLLIN COUNTY SCHOOL LAND SURVEY, ABRI'RACI' NO. 147, Collin County, 'I'exaz and being apart of a tract of land described in Deed to Prosper 80, Ltd, recorded in Volume 5103, Page 3723 (Document No. 2002-0021571, Deed Records, Collin County, Texas and being more particularly described az follows: BEGINNING at a 12 inch iron rod found in the South line of said Prosper 80 tract, at the most Westerly Northwest comer of a tract of land described in Deed to Lakes of Prosper, Ltd, recorded in Volume 5372, Page 6921 (Document No. 2003-004-4256), Deed Records, Collin County, Texas, said point also being the Northeast corner of tract of land described in Deed to Prosper-Tollroad Joint Venture, Ltd., recorded in Document No. 96-0090247, Deed Reenrds, Collin County, Texas; THENCE Westerly, along the South line of Void Prosper 80 tree[, the following three (3) courses and distances: South 87 degrees 57 minutes 19 seconds West, a distance of 638.59 feet to a 1/2 inch iron rod with a yellow plastic cap found for conic South 87 degrees 49 minutes 51 seconds West, a distance. of 539.89 feet to a 12 inch iron rod with a yellow plastic cap found for come , South 87 degree; 56 minutes 09 seconds West, a distance of 133.63 feet to It 518 inch iron rod found at the Southwest comer of said Prosper 80 tract; THENCE North 01 degrees 41 minutes 53 seamds West, along the West line ofsuid Prosper 80 tract, a distance of 1325.03 feet m a 12 inch iron rod with a yellow plastic cap found for corner, THENCE North 88 degrees 22 minutes 32 seconds West, along the North line ofsaid Prosper 80 tract, a distance of 1331.63 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA- set for comer, THENCE South 00 degrees 50 minutes 43 seconds West, leaving the North line of said mu Prosper 80 tt, a distance of 1,314.30 fat to the POINT OF BEGINNING and containing 40.036acres of land, more or less. SEAN SHROPSHIRE REGISTERED PROFESSIONAL LAND SURVEYOR NO, 5674 NOTES; 1. NO F.E.M.A. FLOOD PLAIN EXISTS ON THIS TRACT 2. THE THOROUGHFARES SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ➢O NOT SET THE ALIGNMENTS. ALIGNMENTS ARE j DETERMINED AT FINAL PLAT. PE4 Z07-6 GROSS AREA OF COMMERCIAL CORRIDOR: 40,04 NET AREA OF COMMERCIAL CORRIDRO: 34.50 I \ \ 3: �- OWNER/AP,P,LT T, ,•• - BON -,+ERRE-B;�-r EDDIE COLLINS. \ i 5700'�W. PLAN❑ PARKWAY SUITE 3000 ` PLANO, TEXAS 75093 I 972-735-0060 REPRESENTATIVE1 DOWDEY ANDERSON & ASSOC. OI�p 1 \l MARDY BROWN '1, i 5225 VILLAGE CREEK DR. STE.200 'RaU3d�Gi3; PLANO, TEXAS 75093 469-576-1272 972-931-9538(FAX) CASE NO. Z07-6 EXHIBIT A - COMMERCIAL CORRIDOR ZONING EXHIBIT 40.04 ACRES COGR COUNTY SCHOOL UW SURVEY NO 12 - ABSTRACT NO. 147 PROSPER, COWN. COUNTY, TEXAS sloe a �;a . curt saw swma / AmxAxn /� . DOWDEI', ANDERSON&ASSOCIATES, INC S7B�Ged�S 0 Fkglm174B3 M431-06914R431-0A —I lartc 1 r— I r.Arr I .oa I sNrrr 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 Swc June 21, 2007 ed before me this (Lynda Black) June 22, 2007, A.D JANETTMOMasON Janet Thomason) MY COMMISSION EXPIRES 4F;1�, January 30, 2011