06-095 - O TOWN OF PROSPER, TEXAS ORDINANCE NO.06-95
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 65 ACRES MORE OR
LESS, SITUATED IN THE GEORGE HORN SURVEY, ABSTRACT NO. 412, IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE
ZONED AGRICULTURE (A) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT (PD-
32) FOR SINGLE FAMILY-ESTATE (SF-E) RESIDENTIAL USES WITH
PRIVATE RURAL STREETS; 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 Mooreland
Development Company ("Applicant") to rezone 65 acres of land, more or less, situated in the George
Horn Survey,Abstract No. 412, 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 below-described property containing 98.049 acres of
land, more or less, situated in the George Horn Survey, Abstract No. 412, 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 Planned Development (PD-32) District for Single Family-15 Residential (SF-E) uses.
The property is more particularly described in Exhibit"A"attached hereto and incorporated herein for all
purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development District
shall conform to, and comply with 1) the Planned Development Standards, with Statement of Intend and
Development Schedule, attached hereto as Exhibit "B"; and 2) the Concept Plan, attached hereto as
Exhibit "C"; which are incorporated herein for all purposes as if set forth verbatim. Except as amended
by this Ordinance, the development of the Property within this Planned Development District must
comply with the requirements of all ordinances, rules, and regulations 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 Planned Development 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 12th DAY OF SEPTEMBER, 2006.
APPROVED AS TO FORM:
C a es is ger,
ATTESTED TO AND �01%`111/��W4/,
CORRECTLY RECORDED �,••% (IF••PR°i
S
Matthew Denton, Town Secretary OPa ..
41,
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DATE OF PUBLICATION: ift ` -orning News — Col"P _ � � 1 NAM
Addition
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. 06-95
AN ORDINANCE AMENDING
NC September 19 2006IGRDIINAE NO. 05-20; REZONING A
TRACT OF LAND CON- September 21, 2006
SISTING OF 65 ACRES
MORET IN HE GORGE
HORN SURVEY, AB-
STRACT NO. 412, IN
THE TOWN OF PROS-
PER, COLLIN COUNTY
TEXAS, HERETOFORE
(ZONED AGRICULTURE
ZONED ANDEPLACED
IN THE ZONING CLAS-
S I F I C A T I O N OF
PLANNED DEVELOP-
MENT DISTRICT (PD-
32) FOR SINGLE FAMI-
�
- 'e1:‹
LY-ESTATE (SF-E) RES-
IDENTIAL USES WITH
PRIVATE RURAL (Lynda Black)
STREETS; DESCRIBING
THE TRACT TO BE RE-
ZONED• PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
SNAVIG RE-
PEALING, N
SRI CLAUS-
ES; POVIDINGOR
AN EFFECTIVE DATE
Sworn AND PIROVIIDIINGFOR L before me this September 22, 2006, A.D
THE CAPTION HEREOF
(Lisa Ba field)
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