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07-085 - OTOWN OF PROSPER, TEXAS ORDINANCE NO.07-085 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.7342 ACRE, MORE OR LESS, AT 104 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 Joe A. Martinez ("Applicant") to rezone 0.7342 acre of land, more or less, at 104 East Broadway, 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: Findingsorporated. 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 0.7342 acre of land, more or less, at 104 East Broadway, 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 fled 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 OCTOBER, 2007. • Town Secretary DATE OF PUBLICATION. Addition APPROVED AS TO FORM: Charles Niswanger, or `e,p�9De6A©S// R0S'���®i AZ P° � a 0 do ® O O ®moo ��- - F % ° r O sib lop % � 00 ^vo dOOO �e®O osso0©gQ EX AS e®Q% Dallas Morning News — Collin County Murry Volume 5348, Page 4596 SF-15 Residential Sprodley Volume 934, Page SF-15 Residential 396 WM Properties Vol. 5829, W Murphy Jackson Page 876 It Volume 4850, Page 0098 Volume 908, S F-15 Page 654 SF-1— Residential S F-15 Residential Residential 200' to Coleman Street N 89'51'51" E 360' to College Street 159.90 'POINT OF BEGINNING EASTBROADWAYSTREET 100'ROW FIELD NOTES MGEwen SITUATED In the State of Texas County of Co1rm and City of Prosper, being oil of the tract as recorded In Volume 4799, Pape 1743. part of The rlght-of-ray of Broadway Street CO2-0046964 and port of an alley, sold premises being more particularly described as fella"; SF-15 BEGINNING at a point for comer marking the northeast comer of said premises, said wmer being in the center of Broadway Street; Residential THE OqE lcrony said street and with the east line of sold premises, South W'W W e Feat. 200.01 feet to a point for comer markng the southeast comer of acid premises, sold comer being In the center of an allay; THENCE with the south line of eald premises and sold allay, South 89'51'51' West. 159.90 feet to o point for comer marking the southwest comer at sold promises; THINCrE QepartInq sold alley and with the west line of mid premises, North WOOW East. 200.01 foot to a point for comer marking the northwest corner of said premises and in said street; THENCE with the north line of said promises and said street. North 89'St'51' East, 159.90 feet to the place of beginning and containing 0.7342 coma of land. w TRACT 1 R.- p REQUESTED ZONING a p Womack Moreles Volume 4722, Bell CC 96-0056690 Lambert & Cullison p O Volume 5641, CC 93-0102411 6O DOWNTOWN OFFICE 6 Page 6274 Page 3154 SF-15 p COMMERCIAL o N 0.7342 GROSS ACRES O SO' SF-15 SF-15 Residential z EXISTING SF-15 In Carter Residential Post Office CC99-013ao55 Residential 0,S 139 NET ACRES SF-15 Ydume4709 Page 1748 Residential KefCT CC 01�5238 1 GV ^LLGr J O`J' J I J I YY Keith Neighbors Volume 1097 Valle Nordon Isbell Moreles CC 00-0082062 SF-15 Residential CC 01-35296 Page 901 CC 98-0003060 CC 07-0130936 Volume 1360, SF-15 SF-15 SF-15 SF-15 page 690 Martinez Residential SF-15 CC 99-00945517 Residential Residential Residential Residential SF-15 Residential NOTE: The thoroughfare alignment drown on this exhibit are for Ifful'tI" puppss. and does not sot the alignment The alignment Is determined al time of final Plat No Dart of the subject praa91 is sham to ba M 100 Your Flood ac mdtng to 4e065 Co260 0 of the FF'EQ)IIAA Aeoad Insurance rote maps datad Jan. 19, 199a Kreger 30 0 30 /al. 5966, Page 0722 SF— 15 Sealr. 1 - 30' Residential Z07-12 ZONING EXHIBIT "A" PROSPER, TEXAS 104 E. BROADWAT STREET owns' Surv,ya JOE A WR'0NE2 wnhhe Land SnwyIng, Ina P. 0. sax 005 P: 0. Box 4a7 PROM IVAS 7507t yagy T7ew. 7— 76271 972-347-2149 940-720-0150 Fax 940-72"151 EOPT M07 M34 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 — Metro North Edition on: October 25, 2007 Sworn to and subscribed before me this LISA ENFIELD B NotarypUNiIC, State of exass My commission Expires DUNE 1, 2011 (Lynda Black) October 26, 2007 has Irs. at ant for she )od be on Wn .id. re- ier )m Iks oy ne 'it's Wednesday afternoon and of- fered to fly them to Boston, The group ofpilots and others donates planes, time and money to provide free air transportation for medical and humanitarian the heart transplant that saved his life. Before and after the surgery, the doctor and patient bonded over their favorite team, the Red Sox, and the team's struggle to Y-•--•----•b ev uL� nxa ua-o-77 Z ian's parents in the Boston area. "Well, they raised her, and it's like I already know them and be-'. cause she told me so much about:; them," Andrew said. "They soundr',. hkegreatpeople." your local area LASSIFIED CENTER In -column Deadlines: 5 p.m.2 days prior to run date.5 p.m. Friday for Sunday. Deadline applles to new line ad orders, cancellations and conectlorls. Display and faxed advertising have earlier deadlines. Office Hours: Monday -Thursday, 8 a.m.- 6 p.m., Friday 8 a.m. - 5 p.m. Call or place your ad online 24 hours a day. Mailing Address: PO. Box 655237, Dallas, TX 75265 Fax: 214.977.8002 Automotive A99f) OI' Skool H"otrodding, Denison, TX. Oct. 27-28 Loy Lake Park Hwy. 75 ® exit 67 (417)-647-2940 SW Domestic Immaculate Explorer 2002 Explorer XLT, tan leather, all-Power,6 cd, green new tires, 101,000 ml, $�500, 972-252-8092 Vans Domestic CARGO VANS & Passenger vans 10 models under $5000 95& UP 972-839-5256 2001 Midway Carrollton_ '98 Ford 1 OWNER HITOp Travel time TVNCR, . power LThsofa r, bed82k, , REAL wood, 2 cd, 2 ac, $7998 Loaded. 214/500-5702 11 Restaurant Hotels, Nightclubs Papayas Mexican - Restaurants Seeking Mul= tiple Position In Piano Must apply In person only at 3033 W. Parker Rd, suite 214, Plano, NE Cor- ner Parker & Indepen- dence. *Call 972.985-7527* Tree Service BAKER'S TREE SVC. Trimming, Re- moval & Stump Removal. Insured. Free Estimate. Off -Duty Firefighter. 972-675-8733 HomeCenter !Real Estate Rentals Equal Housing L.J Opportunity This newspaper will not knowingly pub. lish any a�vertise- ment that Is In vio- lation of the state and federal fair housing laws. Office Space - For Lease f ire m m t� 1 11f[ON77[ FI[EEl1 1 Month Free with a 12 Month Agreement' Restrictions A!l May DaApll ' Location Full ' Service ! Executive Suites •Tollway & Alpha ' '•Tollway & quorum ' •LBJ Fwy (New) ' •Turtle Creek Also Offices in Frisco 866-972-1200 sales®pbcenters.com l www.pbcenters.com Service Carrollton ' Beltline & Jassy ' Directory 1-35Bush ToIU635 All Sizes -Flex Terms 1 Room from $243 ' * FREE RENT * To Place Your (972)r• 416-r•6200 r•e>•me>• Service Ad Executive Stes & Med!- Please (.'all cal Ofc Space IN Central Plano Ideal location! Furnished 469.368.3645 214-977-7857 Plano Cleaning Service- Home -IMMACULATE 3bd/2ba/2 car garage. Residential No Pets *** 405/812-8013 Caroline's Cleaning Service. 25 yrs. Reas. Ref. Free est. 469-939-2739 Your Local Area House Foundation Classifieds Repairs FOUNDATION (214) 745-8123 REPAIR Since 1976. Low$/Free est. 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The PubG�er aswmes the responub5ry 10r errors or omission or copy. We reseive the light to acr4 in hil an error ay pub raMng a corrected hsedlon. Oebmry exceed the cost of that portion occupied by the error on the rust hseft only. The odvedW. and riot the newspaper, isrespavtle for f ID content of the ad. The newspaper reserves ft right to request chongesfelect a properly cbm9y on odold neat approve m cepy, Al advertising 4 abject to credA- appovd. Sane das46cofbm may regeee pre-peryr _ Lots for Sale -) (Jewelry, Watches 1-AC E4E SITE OB Agent 972-842-3276 Dogs Airedale pup AKC, 1 gorgeous large size male, $400 Ready Now! 785.568-2345 *************** ** FOUND ** 2 black female litter - mates, half-ggrown lab mixes * Jack 2141855-8801. Hay, Feed, Grain YEAR-END SELL -OUT Sm sq & round bales: horse quality, rain free. Behind the baler! 903-856-3102 * 903-856-8857 Garage Sales Plano Sat only, 8-4pm. 2633 Pine Springs Dr. Childrens turn, Nothing, household items, etc. Flooring Carpeting Prefinished oak hardwood flooring: beautiful, still in box, 30 year wrnty, 2900 SRsq ft. Will separate! ft 0 214-488-1401 Gameroom Equipment AMIN BuX Sell/Srvc P OL TABLES (469) 583-7071 Pianos, Organs, Keyboards Limited Supply Brand New Acoustic (not digital) Petite Baby Grands OnIT $2395 While hey Last!!! Hurry & Call 972 490-5397 Plano Gallery WANTED.c BUYING ♦ DIAMONDS ♦ WATCHES ♦JEWELRY, *COINS ♦Gold&Silver' CALL GARY * PLANO 74 972-985-9560: Tickets Sports/. 4 Entertainment r *Buying*, COWBOY TICKETS' Call 972.333.3799 Legal Bids Notices Legal Notices " , ORDINANCE NO. 07.085 ONLINE PHOTOS ARE HERE! '- } _ _ Call (214) 745-8123 ry cu 1ai 1 zv 1j� 7! patrons co v ere ' grew into full-time employment. 3 After decades in "wh I fi Duneanville, She knOWS en rst started, I did ev- erything — checked in books, her readers like a book shelved books, cataloged and filed the cards." Now, her main duty is By CAROLYN TILLERY cataloging 500 to 600 books per month. Special Contributor Genevieve Farrell has been The city opened a new library in 2000. It having a love a&ir with books for was a bittersweet benchmark for Mrs. Farrell. more than 30 years. The longtime Duncanville li- "I promised my husband I'd re - brarian has handled thousands of tire after we had been here a year, but he didn't wait for me," hardbacks; paperbacks and, now, DVDs. she said. Her late husband, Daniel Farrell, "When you see all those boxes in ran a scrap business. "After that, I thought it was best to just keep the hall, just waiting for me, I working." just can't wait to see what's inside," she said. "It's like Christmas. I The mother of six, grandmoth- er of 14 and start thinking of individual pa- trons who I know would like this great-grandmother of six went on to, earn a master's de- book or that one." It's just that kind of enthusiasm gree. Her taste in books is varied. that has endeared her to library She'll be deep in fiction, and then itch users and co-workers, according to library director Carla Wolf Bry- get an to peruse a new garden - ing book. Then, there are all those ant — who calls herself Mrs. Far- biggest biographies she likes. "I've got murder mysteries rell's fan. "Everything she does for the li- go- ing right now," she said. "It's really eclectic." l brary comes from the heart," Mrs. -Bryant said. "She cares deeply The Duncanville City Council tbout the community, and it `bws in her work. She's so loyal. recently recognized Mrs. Farrell for her 30 years as librarian and 'She knows what our readers the changes she has helped see through. o read. For example, she's �N advocate for our "The most significant was science- when we went to the card catalog action and our special col- to the elect " with it." . , Embracing technolog3 made Mrs: Farrell invaluabl Bryant said. "She's fearless and gr, troubleshooting," Mrs, l said. "It will be a very tough c me when she retires becau will be difficult shoes to fill." When not engrossed in z book, Mrs. Farrell can oft found in her garden or worki genealogy. "I love actually getting and digging in the dirt," she "Then flowers later on are ward." But at the end of the da3 greatest satisfaction comes surveying the piles of new b ready to be enjoyed by patron: "I know they're going to e them as much as I will if I had to read them all," she said. hard not to get engrossed." For Mrs. Farrell, who grei in Oak Cliff, slowing down isn't part of the plan. "On my 70th birthday, I de ed I was going up in a hot air I and I did," she said. "I 1 teasing everyone that on my 8 C would go skydiving. It was g, enough for George Bush, so not?" on she said. 'We are Carolyn Tillery is a freela ell started now carrying books in Spanish — WriterinDallas. as a volun- we didn't do that in the past. The ` Youngest child start- community has changed quite a tiRe �on, volunteering bit, and our library has changed @swbell.net M