07-030 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 07-030
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 99.59 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL SURVEY, ABSTRACT
NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS,
HERETOFORE ZONED AGRICULTURAL (A) IS HEREBY REZONED AND
PLACED IN THE ZONING CLASSIFICATION OF RETAIL (R) AND
COMMERCIAL (C); 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 2006 Prosper
Partners L.P. ("Applicant") to rezone 99.59 acres of land, more or less, situated in the Collin County
School Survey,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: 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 99.59 acres of land, more or less,
situated in the Collin County School Survey, 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 Retail (R), 22.18 acres, and Commercial (C), 77.41 acres. 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 27th DAY OF MARCH, 2007.
APPROVED AS TO FORM:
Charles Nisw. ger,Mayor
TO AND
1' CORRECTILY RECORDED BY: o®�®'0C�dOX�(
®o ���B1g
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tthew D. Denton,TRMC ••
Town Secretary s •
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;: DATE OF PUBLICATION: Alt5-- 2 C2121 , Dallas Morning News — Collin County
Addition
03/22/2007 10:24 FAX 9727884247 LAND ADVISORS il002
Being a 77.41 acres of land situated in the COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO,
1.47,and being a portion of that certain tract of land conveyed to Tom L. Cadenhead by deed recorded in
Volume 1062,Page 678, of the Deed Records of Collin County,Texas,and being more particularly described
by metes and bounds as follows:.
COIVMMBNCJNG a 3/4 inch iron pipe found for the northwest corner of said Cadenhead tract,same being the
southwest corner of a tract of land conveyed to Donald E. Godwin by deed recorded in Volume 3212,Page 958,
of the Deed Records of Collin County,Texas,and being in the east line of a tract of land conveyed to Robert L.
Reynolds by deed recorded in Volume 2256,Page 29,of the Deed Records of Collin County,Texas;
THENCE South 00°32'17" West,along the common line of said Cadenhead tract,and said Reynolds tract,
passing the southeast corner of said Reynolds tract,same being the northeast corner of a called 342.119 acre
tract eland conveyed to'Rudman Resources,Inc.by deed recorded in Volume 1042,Page 313,of the Deed
Records of Collin County, Texas,and continuing a total distance of 866.53 feet to a 1/2 inch iron rod set for the
POINT OF BEGINNING;
THENCE North 85°32'17" East,through the interior of said Cadenhead tract,a distance of 367.00 feet to a 3/2
inch iron rod set for corner,said point being in a curve In the left having a radius of 1145.00 feet,and a delta
angle of 41'350'57";
MINCE continuing through the interior of said Cadenhead tract,and along said curve to the left,an arc
distance of 836,32 feet,and a chord bearing and distance of North 6496'48" East, 81.7.85 feet to a 1/2 inch iron
rod set for corner;
THENCE North 43°41'20"East, continuing through the interior of said Cadenhead tract,a distance of 100.00
feet to a 1/2 inch iron rod set for corner, said point being in a curve to the right having a radius of 1055.00 feet,
and a delta angle of 309 7'41", said point being in the east line of said Cadenhead tract,same being the west
line of a tract of land conveyed to Prosper Tollway Partnership tract,by deed recorded in Volume 5326,Page
006367,of the Deed Records of Collin County,Texas;
'
THENCE South 0064W00"West,along the common line of said Cadenhead tract,and said Prosper Tollway
Partnership tract,passing the southwest corner of said Prosper Tollway tract,and a tract of land conveyed to
Buckle Trust,by deed recorded in County Clerk's Pile No.970000310,of the Deed Records of Collin County,
1; Texas;and continuing a total distance of 2555.50 feet to a fence cotter post found for corner,said point being
the southeast corner of said Cadenhead tract,same being the southwest corner of said Prosper Tollway tract,
and being in the north line of a tract of land conveyed to E.A.Mahard;
I THENCE North 88°49'32" West(deed call North 89°00'00"West),along the common line of said Cadenhead
tract,and said E.A.Mallard tract,a distance of 1626.94 feet(deed call 1658.58')to a 1/2 inch iron rod set for the
southwest corner of said Cadenhead tract, same being the northwest corner of said E.A.Mahard tract,and being
in the east line of said Rudman Resources,Inc.tract;
TFIE.NCE North 00°32'17"East(deed call North 00°54'00"East),along the common line of said Cadenhead
tract,and said Rudman tract, a distance of 1785.21 feet to the POINT OF BEGINNING and containing
3,371,995 square feet or 77.41 acres of computed land.
OF
Hugh . Terser 4\v•gr s"6R �y,
Registered Professional Cid Surveyor 1,N'o,3688 Q ,
March 19,2007 ' ' •
P-3445tract2zone.doo HUGH E.PEISEA
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• - ,a SURVEY
03/22/2007 10:24 FAX 9727884247 LAND ADVISORS [ 1 003
Being a 22.18 acres of land situated in the COLLIN COUNTY SCI-100L LAND SURVEY,
ABSTRACT NO. 147,and being a portion of that certain tract of land conveyed to Torn L.
Cadenhead by deed recorded in Volume 1062,Page 678,of the Deed Records of Collin County,
Texas,and being more particularly described by metes and bounds as follows;
BEGlNN1NG at a 3/4 inch iron pipe found for the northwest corner of said Cadenhead tract,same
being the southwest corner of a tract of land conveyed to Donald E.Godwin by deed recorded in
Volume 3212,Page 958,of the Deed Records of Collin County,Texas,and being in the east line
of a tract of land conveyed to Robert L.Reynolds by deedrecorded in volume 2256,Page 29,of
the Deed Records of Collin County, Texas;
THENCE South 89°10'24"East(deed call South 89°30'00"East), along the common line of said
Cadenhead tract,and said Godwin tract,a distance of 1639.03 feet(deed call 1653.98')to a 1/2
inch iron rod set for the northeast corner of said Cadenhead tract,same being the northwest
corner of a tract of land conveyed to Prosper Tollway Partnership by deed recorded in Volume
5326,Page 006367,of the Deed Records of Collin County,Texas;
TI3ENCE South 00°48'00"West,along the common line of said Cadenhead tract,and said
Prosper Toliway Partnership tract,a distance of 106.07 to a 1/2 inch iron rod set for corner,said
point being in a curve to the left having a radius of 1055.00 feet,and a della angle of 30°37'25";
;
THENCE through the interior of said Cadenhead tract,and along said curve to the left an are
distance of 557.72 feet,and a chord bearing and distance of South 58°50'00"West, 55125 feet to
a 1/2 inch iron rod set for comer,
THENCE South 43°41'20"West, continuing through the interior of said Cadenhead tract,a
1' distance of 100.00 feet to a 1/2 inch iron rod set for corner, said point being in a curve to the right
having a radius of 1145.00 feet,and a delta angle of 41°50'57';
THENCE continuing through the interior of said Cadenhead tract,and along said curve to the
right,an arc distance of,836.32 feet.,and a chord bearing and distance of South 64°36'48"West,
817.85 feet to a 1/2 inch volt rod set for corner;
THENCE South 85°32'17"West, continuing through the interior of said Cadenhead tract,a
distance of 367.00 feet to a 1/2 inch iron rod set for corner: said point being in the west line of
said Cadenhead tract,same being in the east line of a tract of land conveyed to Rudman
Resources.Inc.by deed recorded in Volume 1042,Page 313,of the Deed Records of Collin
County,Texas;
THENCE North 00°32'17"East,along the common line of said Cadenhead tract,and said
Rudman tract,passing the northeast corner of said Rudman tract,same being the southeast corner
of said Reynolds tract,a distance of 866,53 feet to the POINT OF BEGINNING and containing
966,187 square feet or 22.18 acres of computed land.
ETW 9 jN
i t E.P iser • :••E G i's'r•- �
Registered.Professional Land Surveyor No.3688 i _ `�^
I March 19,2007 .:•••.71/ °
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•
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
OWNO F.
PROSPER, TEXAS'; April 5, 2007
ORDINANCE NO: 07-030
- r
AN ORDINANCE
•
AMENDING PROSPER'S 1
ZONING ORDINANCEI '
NO. 05-20; REZONING15A;
TRACT N LAND "CON
SISTING'OFr9�yy.'?S19'
ACRES, M'OR'0O'R`
LESS, SIT UiA(feED'fIN'
THE CL SUR 000NTY r\ '
STRACTSNO:4114Z, IN 4//
THE TOWN'O`F'PROS= J ,o
PER, COLLIN'ICOUNT:Yee
TEXAS, HERETOFORE
(Lynda Black)
ZONED AGRICULTURAL
(A) IS HEREBY RE-
ZONED AND PLACED
IN THE ZONING CLAS-
SIFICATION OF RETAIL
(C);ADESCRIBINGR THE
TRACT TO BE RE-
ZONED; PROVIDING
FOR A PENALTY FOR
THE VIOLATIONOF
THIS ORDINANCE;
PROVIDING FOR RE-
;i PEALING,SAVING AND
SEVERABILITY CLAUS= d before me this April5, 2007, .D
'I ES; PROVIDING FOR
AN EFFECTIVE DATE
OF THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF
11 THE CAPTION HEREOF _'
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