2021-28 O - Amending the Future Land Use Plan from Medium Density Residential to Tollway District, generally located on the south side of Frontier Parkway, east of Dallas Parkway. This is a companion case to Z20-0026. (CA20-0004). TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-28
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE FUTURE LAND USE PLAN MAP OF THE TOWN OF
PROSPER'S COMPREHENSIVE PLAN; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that the Future Land Use Plan of the Town of Prosper ("Prosper")
Comprehensive Plan, adopted by Ordinance No. 12-21, as amended, should be amended; and
WHEREAS, Prosper received a request to amend the Future Land Use Plan from Medium
Density Residential to Tollway District, generally located on the south side of Frontier Parkway,
east of Dallas Parkway (CA20-0004);
WHEREAS, Prosper has complied with all notices and public hearings as required by law;
and
WHEREAS, the Town Council finds that it will be advantageous, beneficial, and in the best
interests of the citizens of Prosper to amend a portion of the Comprehensive Plan as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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
Amendment to Prosper's Comprehensive Plan, Ordinance No. 12-21. The Future Land
Use Plan Map of the Town of Prosper's Comprehensive Plan, adopted by Ordinance No. 12-21,
as amended, is hereby amended to reflect Tollway District on the south side of Frontier Parkway,
east of Dallas Parkway, as depicted in Exhibit A, attached hereto and incorporated by reference.
SECTION 3
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 4
Savings/Repealing Clause. Prosper's Comprehensive Plan, adopted by Ordinance 12-
21, 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 5
Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF MAY, 2021.
Ray Smith,`Mayor
ATTEST:
Melissa Lee, Town Secretary
001Ill ,i,
pF PRO�'�,
APPROVED AS TO FORM AND LEGALITY: • .•S�',
•
•
= E--0 • .---1141AV 74
Terrence S: Welch, Town Attorney = •' /\
/90
c;
TE X N
Ordinance No.2021-28, Page 2
Z
0 0.5 1 1.50.25 Miles Plate 2
FutureLand UsePlan
kj
kj kj
kj
kj
kj
kj
kj kj kj
kj kj
kjkj
kj
Parvin Rd.F.M. 1385GeeFishtrap Rd.
U.S. 380 Dallas North TollwayProsper Trail
First St.La Cima Blvd.Frontier Pkwy.Preston Rd.Coit Rd.F.M. 1461
F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln
Mahard PkwyHays RdShawnee Trl.Prairie Dr.
Legend
Low Density Residential
Medium Density Residential
High Density Residential
Retail & Neighborhood Services
Business Park
Old Town District
Town Center
Tollway District
US 380 District
100 Year Floodplain
kjMajor Gateway
kj Minor Gateway
Town of Prosper
ETJ
Note: A comprehensive plan shall not constitutezoning regulations or establish zoning districtboundaries.
Ordinance No. 2021-28, Page 3