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06-007 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-07 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20 AND PLANNED DEVELOPMENT ORDINANCE NO. 00-09; REZONING A TRACT OF LAND CONSISTING OF 12.786 ACRES, MORE OR LESS, SITUATED IN THE H. JAMISON SURVEY, ABSTRACTR NO. 480, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS HERETOFORE ZONED PLANNED DEVELOPMENT-MULTIFAMILY/CORRIDOR (PD-MF/COR) AND IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATIONS OF COMMERCIAL (C); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS 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 and Planned Development Ordinance No. 00-09 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper') has received a request from Mustang-Midway Plano, Ltd. ("Applicant")to rezone 12.786 acres of land, more or less, situated in the H. Jamison Survey,Abstract No. 480, in the Town of Prosper, Collin County, Texas;and WHEREAS, the Town Council of Prosper 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 a public hearing has 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 and Planned Development Ordinance No. 00-09. Zoning Ordinance No. 05-20 and Planned Development Ordinance No. 00-09 are amended as follows: The zoning designation of the below-described property containing 12.786 acres of land, more or less,situated in the H. Jamison Survey, Abstract No. 480, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto are hereby rezoned as Commercial (C). The Property and the areas rezoned are more particularly described in Exhibit"A" attached hereto and incorporated herein for all purposes as if set forth verbatim. 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 it 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 Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prospers Zoning Ordinance No. 05-20, as they exist or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars($2,000.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed 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: Savings/Repealing Clause. 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 repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions shall remain in full force and effect. SECTION 7: 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 regardless of the fact that any one or more sections,subsections,sentences,clauses, and phrases be declared unconstitutional or invalid. SECTION 8: Effecti ve Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY-PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 10th day-of January, 2006. APPROVED T . axles is nge yor ATTESTED TO AND COR TLY RECORDED BY: Shanae Jennings wn Secreta DATE OF PUBLICATION: l b o& `Y- 1(1/D(o , Dallas Morning News-Collin County Addition • LEGAL DESCRIPTION TRACT III BEING a tract of land located in the H. JAMISON SURVEY, ABSTRACT NO: 480, Town of Prosper, Collin County, Texas and being a part of a called 872.746 acre tract of land described as Tract One in Deed to Mustang-Midway Plano, Ltd., recorded in County Clerk's Document Number 96-0038753, Deed Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a concrete monument with a brass disc stamped"1889" at the Southeast corner of said Mustang-Midway Plano, Ltd. tract and in the North line of U.S. Highway No. 380; THENCE South 88 degrees 37 minutes 44 seconds West, along the South line of said Mustang-Midway Plano, Ltd. tract, a distance of 1148.80 feet to a 1/2 inch iron rod with a yellow plastic cap stamped"DAA"set for the POINT OF BEGINNING of the tract of land herein described; THENCE South 88 degrees 37 minutes 44 seconds West, continuing along the South line of said Mustang-Midway Plano, Ltd. tract, a distance of 458.56 feet.to a point for corner; THENCE North 01 degrees 25 minutes 15 seconds West, a distance of 1,063.33 feet to a point for corner; THENCE North 88 degrees 34 minutes 45 seconds East, a distance of 887.73 feet to a point for corner; THENCE South 49 degrees 57 minutes 41 seconds West, a distance of 632.30 feet to a point for corner; THENCE South 40 degrees 20 minutes 19 seconds East, a distance of 103.93 feet to a point for corner; THENCE South 01 degrees 25 minutes 15 seconds East, a distance of 587.89 feet to the POINT OF BEGINNING and containing 12.786 acres of land, more or less. S:`•PROJECTS LDD\05126BND\docs\ZONING\05126DESC-ZONING TR4A-12.786AC.doc Page 1 of 1 • • • • TRACT IT DESCRIPTIONtj BEING o tract of land located In Me N.eJAMISOI SURVEY,ABSTRACT NO.480,Town al Proem,Col. I ,_._i__' I I OMMEN➢NG al a con ele mon onl Nth a hraaa disc slam d'1889' ln /emd Moelang-vid.aY Aana,L1Q boot and A the xacih IMe of LL5.HigM1woy Ne.]80,o.a.iam.�atn \ i ��_ ' 1 L-z�"�� o right-al-woY. \ THENCE South 88 degrees 3J mnulea 44 seconds Weal,along the South line of said Yuslony-Yidwoy in r Plana.Ltd.1. .6.60 I..1 la la I/: „ e lad.its la.aa.plastic cop stomped i \ \•\ i I bAA's41 for Me POINTTIDY BEPNNING of the tract of tonal ne.a�deslrLed; •a \ p's✓"�( \ > \� i� r{-LOGi oN` -- - 1HEN¢South 01 degrees 35 minutes Is seconds East,a distance al]026 leer to a pool for comer ] .0 REMAINDER Cr THENCE South 88 degrees 37 minutes N seconds Weal,o distance of 45856 Wet too point for . �/ /\ �-\ \/, //`/s• \ ' MUSTANGLF.Na 96p 00J9 5]LTD r G • c .. �( / \ /\ I THEncE North DI degrees 25 minutes Is a.aanm W.F.p distance of 1,141.61 real m a point for .;` k \ \ /\ ,\� • `'' `"' "`- c rv.ExcE rvacm Be degrees 34 comae aanee Elae6 a distance a 54122 lea m r corner:come. i%4, \ `/'\\\ i/Y,K �:' ." I..�� A I THENCE South 49 degrees 57 minutes 41 aecanda Waal,a distance el to a point I_, `,i4•' \ �•\\. \C/ �T \/ J` '�\. ITsi.ms NOT oo• sco TaaAs♦w a1632.301e 4\ THENCE South ao degrees 20 minutes 19 seconds Eost.a d%lonco of 103.93 lest to c go..crone, e(' / �• \i +. \i THENCE South 01 degrees 25 m a Foal,a d'aan of 587,69 lI,, to 1 POINT O ^• ' S BEGINNING old cont.., 3.610 lac nd mace land 0.625 ova.a land n s0 right-of-nay, ' ✓ %,.� \\"• >' \/ leasing o net acreage a 12785 aces off lan4 v le pE1SA 0T Lp�A /",< /'< �•\u`(CA814ET`0.SSITDE1R575�526" ' /\ > /\^\//‘‹\//'' \�3aflimlR Eg nu \\ ,e, . "/ N/ \\ \' i.. \ • _ • FI !61 Ade;a GRAPHIC SCALE I_ I I' �5I \ _y, l S,Esals \ // j_IA&sI uA.C.c TDE'9RZ 1 • i N ITLi 11. F--� r T-I I. OF CALLED 812740 ACRES ^•n•ZOO / /-1 1--I—I,I-r T T 7-f-1 n w r 11 T I I--+ L P WSTANG_YIDwAY PLAND,L10 ' . S o DOC.NO.96-0030753D. pyyApq+' /' /_ 1 1£I ^I 1--L�. J LAND SE a AGWTMNRK �a:;,,,, LJJ_I__I—)6I__LL11JJJ'I_L11J_ /. •• 1 7T7 f� l� I I I f ) 1 TTT7 i E J_I I_I__LLLL1111_1JJJ I L \ • 27. gJ••e�µ T S.— • s 915a - - AID- — - qz ' A4‘ v JA� rFi a/l u T� I I I ASG PROSPER,LTD. N DDc.Na.gs-oolgloe • D.R.cc.r. COMMERCIAL ZONING • a +' PART a GALLFDAy7piu+6oALm� Imo! LAND igdvFO AGRICULTURALs EXHIBIT A • MUSTANG-Y W r DOG.N0.96-00]t"2 i I .E q LAND USE RArnT 5 13.610 ACRES AGRICULTURAL I-' PART K CALLED 870746 ACRES .1=4OyE A • ZONED-COMMENSAL 1(-) ZONING CASE:y!r��� MUSTANG-11100MT PIANO,LTD uW, OOC.No.96-0038753 LANs DSE' wNiuLTDRA< a PROSPER COMMONS ZONED-LDN EROLL 127�M¢5 TowGROS I AN ADDITION TO INC TOWN OF PROSPER 825 A8868 x[TW` �'`, ' ` •, HARRISON j. JAMISON SURVEY-ABSTRACT NO.480 ------ ------ -1-1- _. �'' 2,50t'E Oe R.O.R. I,]4i is _ TOWN OF PROSPER.COLLIN COUNTY.TEXAS gs.a16 r.r. i-. • ..�-___-— __--_,___ .L I--__ TO HILLCREST 111\ TO cdT SCALE: I I'' ".2p0' __.- _ lal�72 w iAm)r� __ POINT OF DINT OF corn•••a•aess ,INNING- COMMENCEMENT , (AIOOCLE moo-or-vary U.S. HIGHWAY NO. 380/UNIVERSITY DR. APPLICANT/DEVELOPER MOORELAND DEVELOPMENT CO.,INC. 4516 LOVER'S LANE#350 • (214)599-0852 DALLAS.TEXAS 75225 (FCEND BL-BUILDING LINE O.R.D.C.T.-DEED RECORDS.DENTON COUNTY.TEXAS OWNER „� P.R.O.C.L.PLAT RECORDS.DENTON COUNTY.TEXAS NOTES: MUSTANG-MIDWAY PL NO • UITE LTD ^ a-1/2'IRON RN FOUND w/OELLDw PLASTIC CAP I.No 100-ER.FLOODPLAN EXISTS ON THE STE. 16475 DALLAS NOW, SUITE 800 STAMPED'DAA'(UNLESS NOTED) THE SUBJECT TRACT UES WITHIN ZONE%(UNSHADED)'AREAS DETERMINED TO (972)931-7400 AODISON,TEXAS 75001 O •-I/2'IRON ROD SET w/yELLOw PLASTIC CAP BE OUTSIDE 500-YEAR ROODPLAN'AS!DEMISED BY ME FEDERAL STAMPED'OAR' EMERGENCY MANAGEMENT AGENCY(FENA)ROW INSURANCE RAZE MAP(FIRM) • LJ O As SHOWN ON COMMUNITY PANEL NO.40065CO260 G.DATED JANUARY 19, .DENOTES STREET MANE CHANGE 1986 FOR GOWN COUNTY,TEXAS AND N004805A1m AREAS. ENGINEER• • 2.THE IKON PE.:UCNUENT SNOWS ON 1M15 LI EXHIBIT ARE PO4 DOWSES',ANDERSON A ASSOCIATES,INC. O ILLUSTRATION PURPOSES AND GOES NOT SOT THE ALIGNMENT. • S V21001&DkAA16Np WSTpM IIOII Wtg1T WY a REVISED: 1 SD 1 OF 1 05126 • • • 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 Collin County Edition on: - TOWN OF PROSPER,TEXAS ' ORDINANCE NO. 06-07 A N OR.D NAN',CE • January 16, 2006 AMENDING PROSPER'S ZONING ORDINANCE N O . 0 5 - 2.0 A.N D ! PLANNED DEVELOP- MENT ORDINANCE NO. 00-09; -REZONING A TRACT-OF LAND CON- SISTING.OF 12.;786 • ACRES, MORE OR LESS, SITUATED IN THE H_ JAM'ISON'SUR- VEY, ABSTRACTR NO.E,TOWN;OFPROSPER, COLLIN COUNCOUNTY,,TEXAS HERE- yOdaiy TO•FOREZONEDPLA'' NNED DEVELOPMENT- MULTI FAM I LY/ CORRIDOR RS(HEREBY (Lynda Black) REZONEDAND PLACED 'IN -THE ZON- 'ING CLASSIFICATIONS OF COMMERCIAL (C); DESCRIBING THE TRACT TO BE RE- • FOR A PN PROVIDING , • THE VIOLATION OF THIS ORDINANCE;, PROVIDING'FOR'RE- • Sworn to PEALING, SAVINGS AND SEVERABILITY fore me this January17, 2006, A.D CLAUSES; PROVIDING FOR',AN EFFECTIVE DATE AND IPRORDI- NANCE; - ING FOR THE PUBBLI CATION OF THE-.CAP- • TION'HEREOF. '�' - `'• ,,'��g (Lisa Batte eld)