05-10 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 05-10
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A
TRACT OF LAND CONSISTING OF 44.027 ACRES, MORE OR LESS, SITUATED IN THE
JEREMIAH HORN SURVEY, ABSTRACT NO. 411, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS HERETOFORE ZONED SINGLE FAMILY-1 (SF-1) AND IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION 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. 84-16 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from FF 14th Fairway L.P.
("Applicant") to rezone 44.027 acre of land, more or less, situated in the Jeremiah Horn Survey, Abstract No. 411, 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. 84-16. Zoning Ordinance No. 84-16 is amended as
follows: The zoning designation of the below-described property containing 44.027 acre of land, more or less,
situated in Jeremiah Horn Survey, Abstract No. 411, 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 Prosper's Zoning Ordinance No. 84-16, 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: Effective 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 8th day of February, 2005.
APPROVED AS T :
wan r, ayor
ATTESTED TO AND
CORR TLY RECORDED BY:
ae
Shanae Jennings, n SecretaryP
DATE OF PUBLICATION: CI es Os- , Dallas Morning News—Collin County Addition
Exhibit A
FIELD NOTE DESCRIPTION
BEING a 44.027 acre tract of land situated in the Jeremiah Horn Survey, Abstract Number 411,
Collin County, Texas and being a portion of a 65,593 acre tract of land according to the deed
recorded in Volume 4189, Page 1138 of the Deed Records of Collin County,. Texas (DRCCT) and
being a portion of the right—of—way of U.S. Highway No. 380 and a portion of the right—of—way
of F.M. Highway No. 2478 (Custer Road) and being more particularly described as follows:
BEGINNING at the intersection of the centerline of said U.S. Highway No. 380 (an apparent 160
feet wide right—of—way) with the centerline of said F.M. Highway No. 2478 (Custer Road) (an
apparent 100 feet wide right—of—way);
THENCE ale;ng the centerline of said U.S. Highway No. 380 as follows:
SOU1 H 87'25'28" WEST a distance of 491.45 feet to a point for corner;
SOUTH 89'10'04" WEST a distance of 546.94 feet to a point for corner:
THENCE deporting the centerline of said U.S. Highway No. 380 NORTH 00'51'05" WEST a passing
distance of 30.00 feet to the southwest corner of said 65.593 acre tract of land, in all, a total
distance of 998.49 feet to a point for corner located in the westerly line of said 65.593 acre
tract of land;
THENCE along the westerly line of said 65.593 acre tract of land NORTH 01'08'56" WEST a
distance of 850.02 feet to a point for corner;
THENCE depc.'ting the westerly line of said 65.593 acre tract of lane NORTH 89'10'00" EAST a
passing distan' 1 of 933.16 feet to the easterly line of said 65.593 acr:e tract of land, in all, a
total distance -f 1,043.16 feet to a point for corner located in the ce cerline of said F.M. Highway
No. 2478 (Custer Road);
sk
THENCE along the centerline of said F.M. Highway No. 2478 (Custer Road) SOUTH 00'05'00" EAST
a distance of 1,833.57 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 44.027 acres or 1,.917,7P8 square feet of land, more
or less.
78.093 Aces
. 104.4881.A Collin County Clerk's
aes File No.94-0009864
vaenta1588.Pe9s688 (DRCCT)
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WI am,ILO �.en.�H-N-arU ZONING EXHIBIT A
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Sam n]S'n•VEST a..ads N.at..s I.la a plot la nor. FOR ZONING CASE Z04-21
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IRON¢.a e In.el w 15.593 a Peat al I.HaTNH avase•VEST a GROSS SITE AREA 44.027 ACRES
ga t e wwt a Inds E/ PLICANT:FF 14th FAIRWAY LIMITED PARTNERSHIP
aro....re.w...trey II.sr riles....sr al WI MOM enWss•EAST. EllOWNRAP CONTACT:PAUL JOHNSTON NET SITE AREA 40.000 ACRES
63663
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° SURVEYOR:BEDFORD GROUP, INC. JEREMIAH HORN SURVEY
.s.t.,e a:Ir.. szrersl�m w re.
bl:s.a„(o"tar l..) 111 POPePo-Der CR 833 (972)240-5999 ABSTRACT NUMBER 411
Car.IWIP Nan aam rm.ads bounds...017 sr.a 1917e6.Der.rat N Had.nun 1111 1111111' OWNER'S REP.:CRAIG CURRY GREATER TEXAS LAND RESOURCES TOWN OF PROSPER,MOWN COUNTY.TEXAS
P.O. BOX 2329
LOCATION MAP10950 RESEARCH ROAD NOVEMBER 15,2004
FRISCO, TEXAS 75034
(214) 387-3993