06-013 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-13
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A
TRACT OF LAND CONSISTING OF 8.8 ACRES, MORE OR LESS, SITUATED IN THE COLLIN
COUNTY SCHOOL LAND SURVEY, ABSTRACTR NO. 147, IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) AND IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATIONS OF COMMERCIAL
CORRIDOR(CC); 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 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper') has received a request from JBJ/Calder Fund V, J.V.
("Applicant") to rezone 8.8 acres of land, more or less, situated in the Collin County School Land Survey, Abstract
No. 147, 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. Zoning Ordinance No. 05-20 is amended as
follows: The zoning designation of the below-described property containing 8.8 acres of land, more or less, situated
in the Collin County School Land 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 are hereby rezoned as
Commercial Corridor (CC). 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 Prosper's 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
this24th day of January",2006.
APPROVED AS TO FORM:
ar i a ger, M
ATTESTED TO AND
COR TLY RECORDED BY:
Shanae Jenning , own Secret
DATE OF PUBLICATION: t p'b 0 42 4 I 36101p , Dallas Morning News—Collin County Addition
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Requested Zoning:Commercial Corridor •
PASTURE GROSS ACREAGE:8.3 AC.
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NET ACREAGE:7.5 AC.
mg—4 - §:' NOTES:
O I THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS
AREA TO B I EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO
NOT SET THE ALIGNMENT.THE ALIGNMENTS ARE
^\ (8.80 ACR S) i S TO DETERMINED AT THE TIME OF FINAL PLAT.
PROSPER TRAIL(FUTURE 90'R.0.14:3•• -/-`-- ±--s �� NO 100.YEAR FLOODPLAIN ON SITE
S � EXHIBIT"A"
((( ZONING EXHIBIT
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Zoning Case:Z05-15
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Dom°1�"OK JBJ/CALDER TRACT
CORPORATION INC.
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reD .B Poo-c/RI io° A 7.6-ACRE TRACT OF LAND IN THE COLLIN
'�� .ODIN
`RE-DpRfO COUNTY SCHOOL LAND SURVEY,ABSTRACT
NO.147 IN COLLIN COUNTY,TEXAS
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Dallas NOVEMBER 0D.BOOB
EXHIBIT A
LAND DESCRIPTION
Being a tract of land situated in the Collin County School Land Survey,Abstract No. 147,Collin
County,Texas and being a portion of a tract of land described in instrument to JBJ/CALDER
FUND V JOINT VENTURE and CALDER BROS. CO. as recorded in Volume 5543,Page 3213
of the Deed Records Collin County,Texas and being more particularly described as follows;
COMMENCING at the southeast corner of said JBJ/CALDER FUND V JOINT VENTURE and
CALDER BROS. CO.tract, said point being at the intersection of the centerline of Collin County
Road 48 (an apparent public use road with no record found) and the west line of Collin County
Road 4(an apparent public use road with no record found);
THENCE North 89 degrees 54 minutes 42 seconds West, along the centerline of said Collin
County Road 48, a distance of 1,318.90 feet to the POINT OF BEGINNING;
THENCE North 89 degrees 54 minutes 42 seconds West, continuing along the centerline of said
Collin County Road 48, a distance of 523.14 feet to a point for corner;
THENCE North 01 degrees 02 minutes 29 seconds West, departing the centerline of said Collin
County Road 48, a distance of 220.41 feet to a point for corner at the beginning of a curve to the
right having a central angle of 38 degrees 52 minutes 22 seconds, a radius of 450.00 feet and
being subtended by a chord which bears North 17 degrees 19 minutes 51 seconds East a distance
of 299.48 feet;
THENCE along said curve to the right an arc distance of 305.31 feet to a point for corner at the
end of said curve;
THENCE North 36 degrees 43 minutes 35 seconds East a distance of 549.56 feet to a point for
corner at the beginning of a curve to the left having a central angle of 31 degrees 47 minutes 02
seconds, a radius of 449.85 feet and being subtended by a chord which bears North 20 degrees 50
minutes 27 seconds East a distance of 246.36 feet;
THENCE along said curve to the left an arc distance of 249.54 feet to a point for corner at the
end of said curve;
THENCE South 85 degrees 19 minutes 03 seconds East a distance of 6.93 feet to a point for
corner;
THENCE South 00 degrees 43 minutes 02 seconds East a distance of 1,177.31 feet to the
POINT OF BEGINNING and containing 8.80 acres of land,more or less.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
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 NOti 06-13 January 28, 2006
AN ORD I NA'NiCEI
AMENDING PROSPERS January 30, 2006
ZONING ORDINANCE •
NO. 05-20; REZONING A
TRACT'OF LAND CON-
SISTING OF 8.8 ACRES, ,
MORE OR LESS, SITU-
ATED~ IN THE COLLIN
COUNTY SCHOOL LAND
' SURVEY, ABSTRACTR
NO. 147,.IN THE TOWN
i'COUNTY,OF PROSPER,.COLLIN
' ETZONE HEREI -
GLE FAMILY-15,(SF-15)
AND IS HEREBY RE-
ZONED THE ZONING CLAS-
SIFICATIONS OF COM-
MERCIAL
( CTIO CORRIDOR l :�
(CC); DESCRIBING THE
TRACT TO BE RE-,
FORA PENALTY FOR' (Lynda Black)
•THIESVORDINANCE;
.PROVIDING FOR RE-•
' PEALING., SAVINGS'
AND SEVERABILITY
CLAUSES; PROVIDING
FOR,AN EFFECTIVE
''DATE D
' NE OF
PROV -
ING FOR..THE- PUBLI-
CATION OF THE CAP-
TION HEREOF. fore me this January 31, 2006, A.D
I CQ�{CP�f
'L ;.E P•91i
,? a, � (Lisa B nfie d)
•