06-081 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-81
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 1.991 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 RESIDENTIAL (SF-15)
DISTRICT IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF RETAIL (R) DISTRICT; 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 Cory Harrison
("Applicant") to rezone 1.991 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 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 1.991 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 is
hereby rezoned as Retail (R) District. 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 8`h DAY OF AUGUST,2006.
APPROVED AS TO FORM:
Charles Niswanger, Mayor
ATTESTED TO AND ,`itlt�I�I
CORRECTLY RECORDED BY: 0 OF PRO'///�,r
ap
w • e
i p * re
atthew Denton, Town Secretary •0* •
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left 10%
31.1111011
DATE OF PUBLICATION: 4L6I /6 c245,6. , Dallas Morning News — Collin County
Addition
EXHIBIT "A"
DESCRIPTION 1.991 ACRES
86,750 SQUARE FEET
SITUATED in the Town of Prosper, Collin County, Texas, in the Collin County
School Land Survey, Abstract No. 147, being a survey of part of the 10.026 acre tract of
land described in a deed from Ray Webster, et al to Dan Tolleson, Jr. and Milburn Dan
Childs, dated August 29, 2005, recorded in volume 6000, page 2871 of the Collin County
• • deed records, being described by metes and bounds as follows.
BEGINNING at an .6-inch iron pin set at the southwest corner of said 10.026 acre
tract, in the apparent east right-of-way line State Highway No. 289(Business Route); same
being in the north line of an alley; a square %-inch iron pin found at the northwest corner
of the 0.35 acre tract recorded in clerk's file no 95-23315 bears South 2° 18' 38" West,
20.0 feet;
THENCE North 02°1 3'38" East, with the west line of said 10.026 acre tract and with
the apparent east right-of-way line of said State Highway No• 289(Business Route),
367.21 feet to an 'le-inch iron pin Eat; an 14.inch iron pin cot at the northwoct cornor of cold
10.026 acre tract bears North 02° 18' 38" East, 60.0E feet;
THENCE South 89°40'41" East, 230.54 feet to an '/2-inch iron pin set;
THENCE South 00°19'19"West, 365.39 feet to an '/-inch iron pin set in the south
line of said 10.026 acre tract, in the north line of said alley;
THENCE South 89°56'40"West, with the south line of said 10.026 acre tract and
the north line of said alley, 243.29 feet to the PLACE OF BEGINNING and containing
86,750 square feet or 1.991 acres.
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:
August 15, 2006
August 17, 2006
(Lynda Black)
Sworn to and subscribed before me this August 17, 2006,A.D
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Ze Pallas Morning Xetos
1 1Mayou r � 5 tortrbridgeA. aa____
to push for his client, NTT square one" with Mr. Calatrava's
Richardson: He'll also oversee future toll roads and tion team•
move business out ofdi closing his business ties to s A Ms. Suhm said cost concerns
- tollway authority
city-owned building At a recent coalition me-; d a will not derail plans for IMr.rCala-
Mr.Slagel apologized to me e de- 30tra— hough the fate of a third
e
By WENDY HUNDLEIY who were unaware of his ri ' las bbri — though'
Staff Writer dealings with the authoritypri a11as bridge at Interstate 35E remains
After being criticized for possi- said he didn't use his position t with clear.
"the city of Dallas
ble conflicts of inte: t, Luchai d- lobby for his client.
son Mayor Gary Slagel has re- "I pushed for awere has to decide how much of a bridge
signed from the Dallas Regional tion," he said Mond systemrm o oun theywant, Mr.Johnson said.
Mobility Commission and says he company offices at STARTech d it
, d we E-mail eramshaw@dallasnews.com
will move his company out of a ly Ventures
City-owned k to andthartzel@dallasnewss.com
building. His firm's location in a busi n• Mr.Slagel made the announce- incubator housed in a 27,50 'ments at Monday night's Richard- square-foot building owned by di
son City Council meeting. city of Richardson The longtime mayor has come otherissue dogging hun been tin ,'
under criticism for possible con- Although Mr.Slagel said he re
flicts of interest in two separate ceives no special consideration ant"
matters involving his software pays the same rent as other ten.
company, CapitalSoft Inc., which ants, his company has receivee!
has a $2.6 million contract with capital venture funding througli 4v,,
the North Texas Tollway Authority. STARTech Seed Fund and had
Mr. Slagel heads a Dallas Re- been housed in STARTech office~
gional Mobility Commission task since 1999.
force that has been looking at po- Some believe his links to STAR-
tential agencies to build and run Tech create the appearance of a, �Y
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proposed tax rate and the adopted tax vw.nofpp.or9 or TOWN OF PROSPER,
.w.northtexashome TEXAS
rate for the preceding tax year vsolatlans.com ORDINANCE NO. 06-81
These tax rate figures are not adjusted for changes in I A N O DGI N A N C E
Pets-Poultry- AMENDIN PROSPER'S
ZONING ORDINANCE
"Appraised value"is the amount shown on the appraisal roll and defin=• Livestock NO. aS-24- REZONING A
" New property"is defined by Section 26.012(17),Tax Code. TRACT N
SISTIOF LAND CON-
G OF 1.991
"'"Taxable value"is defined by Section 1.04(10),Tax Code. Cattle ACRES MORE O R
LESS, SITUATED IN
THE COLLIN COUNTY
• Registered Tex- SCHOOL LAND SUR-
**#Affordable 147,YINATHE ABSTRACT
OF
• Comparison of Residence Home prices. Call Billy PROSPER, COLLIN
Average appraised and taxable values on residence homes 903-450-8725 ,-en-45,-6725 H O U N T Y, TEXAS,
HERETOFORE ZONED
SINGLE FAMILY-IS
preceding tax year and the current tax year. Horses&Mules RESIDENTIAL (SF-15)
) DISTRICT iS HEREBY
Precedin H O L!T B Mare REZONE D A N D
Average residence homestead appraised value $1-," " ()black 15 hh 4 year PLACED SIN THE ZON-
old. Started lump- CLASSIFICATION
Homestead exemption amount for the taxing unit $ WS-
'ng$3500.TB More 16.2hh OF RETAIL ((RI ING
TRICT; DESCRIBING
aI Ba 14 7.old$1000 Raab- THE TRACT TO BE RE-
(excluding special exemptions for persons el Soo-367.99n ZONED; PROVIDING
65 years of age or older or disabled) FOR A PENALTY FOR
FOR
VIOLATION OF
Average taxable value of a residence homestead 173 Merchandise T H I S O R D I N O N CA,-
,
PROVIDING FOR PEALING, SAVING AND
excluding special exemptions for persons ES; RABILITI CLALS-
65 years of age or older or disabled) r Canputers& 1 AN EFFEC IV GDATE
l Accessories OF THIS ORDINANCE;
AND PROVIDING FOR
Comparison of Residence Ho THE CAPTION HEREOF
The taxes that would have been imposed in the prec: GEToCA$H
For homestead at the average appraised value (excluding sp ' Repa,r9"Ilicasy se u+ain PHOTOS ONLINE!
years of age or older or disabled) are estimated to be$ 62_ *972-680-3999�t
. imposed in the current tax year on a residence homest: dallastechliine.com (214) 743.8123
appraised value in the current tax year(excluding special e
of age or older or disabled), if the proposed tax rate is
$_113,41. The difference between the amount of tax an opinion.We want to hear it.
homestead in the current tax year, if the proposed tax rate - _ ._ . x
tax year would be an increase of$ 143.22 or a decrease o ` - ,e"
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)N/DALLAS N Thursday, August 17,2006 Page 13B
dam Shadesise eat p
- Largest Selection of Designer Shades in the Metroplex Iu8he8 Lar
Rayana was the only known All Shades Custom Fitted
child between Mr. Sloan and 26- .., ' 175 Preston Forest Vig. • 214-750-4670
year-old Mistie Martin.Ms.Mar-
---y (S.W. Corner— Preston&Forest) /
• tin's two other daughters are being
cared for by their grandparents,
• Ms.Gonzales said. HOST FAMILIES NEEDED
Mr.Sloan pleaded guilty to un-
authorized use of a motor vehicle Make this year the most excitinpa,ennehir ,ear
Acreage-Out Of ( Plano ) ( Cattle ) with Kohler 16hp TOWN OF PROSPER,
engine, mfg by John TEXAS
Metropiex:North ) Tex- Deere. Hydrostatic trans, ORDINANCE NO.06-81
Better Than toe°ro Registeredgarage kept, lightly used.
Owner Financing as Longhorns. New$2400,sell$1000/060. AN ORDINANCE
GRAYSON for Lease/Pur- ***Affordable (972) 618-7707 AMENDING PROSPER'S
COUNTY chase! If you have lust 3 prices. Call Billy open, paid-on-time credi- 903-450-8725 i-877-451 ZONING ORDINANCE-8725 NO. 05-20; REZONING A
32 ACRES tors (580 score),$3000/mo ! \ TRACT OF LAND CON-
Near Tanglewood Hills& gross income and a post- (Machinery,Supplies) S i S T I!sty O F 1E.9091
high port Marina. Great live landlord reference, Dogs \\ ACREMOR
hilltop homesite, 2 ponds, we will finance any home ( LESS, SITUATED IN
paved road,frontage. you choose with$0 down- '84 Ford Mounted w/ En- THE COLLIN COUNTY
Priced for immediate payment,$0 up-front clos- ADBA huge blue tyre asphalt distributor SCHOOL LAND SUR-
sell; $5450 per acre. ERA mg costs & $0 up-front nose pit bull pups. 1620ga1 WI heater$15,000. VEY, ABSTRACT NO.
Steve Cook & Company fees. Tax liens, prior Juan Gotti & Grey lines. Spread King chip spread- 147, IN THE TOWN OF
Realtors e 903-786-3355 bankruptcy & self em- Also red nose.972-562-2575 Sr 14' wide $15,000. Bros PROSPER, COLLIN
played OK. Written an- http://web.breeders Pneumatic roller rubber COUNTY, TEXAS,
Provos issued instantly. club.net/debra/ tire gas engine not run- HERETOFORE ZONED
Start shopping for your ning $2000. Bros Pneu- SINGLE FAMILY-1 5
no-money-down dream matic roller rubber tire RESIDENTIAL (SF-15)
( Lake&Vacation 1 home in as little as 10 gas engine $5000. Rosco DISTRICT IS HEREBY
J minutes &close in 10 H Feed,Grainasphalt tank trailer 4K REZONEDAND
`Property -For Sale days! 1-800.830-3861, ( �' gallon w/ heater $2000. PLACED IN THE ZON-
www.ZeroDownMortgage 1993 Volvo w/ wet kit ING CLASSIFICATION
CYPRESS SPRINGS solutions.com today. Bermuda Grass WOO. 98 Freightliner OF RETAIL (R) DIS-
FLD120 condo 72" sleeper TRICT; DESCRIBING
CENTURY21BUTLER Hay Detroit 60 series motor w/ THE TRACT TO BE RE-
Small Squares Se wet kit$12,000. Fiat Allis ZONED; PROVIDING
Lots for Sale ) Sudan Hay, Maintainer runs goad FOR A PENALTY FOR
1-800-662-0377 Large Squares & $15,000. Billy (325) 784- THE VIOLATION OF
Round Bales 9230 Glenn (325) 660-9116 THIS ORDINANCE;
BUY NOW *580-450-0448* PROVIDING FOR RE-
BUILD LATER PEALING, SAVING AND
Lake Palestine, 1.5 Acre wooded custom \ SEVERABILITY CLAUS-
165' of lakefront , lots: Royce City Hunt Co \ Pianos,Organs, ES; PROVIDING FOR
1324sf, bit '05 ibd/2ba/ $39,900•214-926.6199 ( Furniture Home J Keyboards OF N EFFECTIVE
2car, slate floors, granite l 1 AND PROVIDING FOR
ac shaded, marble vanity, I Brand New FurnitureTHE PUBLICATION OF
oc w/sprinkler, Hurry! Final Few and
$198k F500(903) 581-52'J3 Manufactured Homes 5 pc.redwood living room Left To bur A Brand THE CAPTION HEREOF
** WEB ID 17290152 ** sets $1100 & $1500. 3 pc. New $17K NOW Name
`61 3bd/2ba, Salem 14x72, leather living room set Baby Grand v./Player
er
Central Air, Must be $1500 Culture marble din- System far Only $49501
mound, 57,500 214-502-6905 1
n9 tbl w/ 6 chairs $600 072491.5w
817-385-4715 or 916-296-8450