05-36 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 05-36
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A
TRACT OF LAND CONSISTING OF 3.35 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 (SF-15) AND IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION 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 One Longhorn Land I, L.P.
("Applicant") to rezone 3.35 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 3.35 acres of land, more or less, situated
in 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/Repealinq 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 14th day of June, 2005.
APPROVED S T M:
Charles ' wanger, or
ATTESTED TO AND
CO CTLY RECORDED BY:
Shanae Jenni own Secr
DATE OF PUBLICATION: , Dallas Morning News—Collin County Addition
Improvement Survey for (Reference Nome). C. M_ Lindsey
Client: Commonwealth Title Co. / Scott Bailey For Cause Number: •3O1b7FiAW
Property Address: (linposted) County Road Number 49 ONLY.
Exhib 'A'
DESeleiPTION
A tract of land situated within the Collin County School Land Survey, Abstract Number
147 and being all of Tract One and Tract Two as described in a deed co Bailey and wife. Linda Bailey as filed for record in Volume 1433 at Page 176e of the Deed
Record: of Collin County. Texas. Said tract of land being more particularly described
metes and bounds as follows; by
Beginning at a 3/8" rebar found, in County Rood Number 49, on the East boundary line
of a tract of land conveyed to Prosper Joint Venture by a deed filed for record at County
Clerk's Instrument Number 93--0021704 for the common West corner of the tract of land
herein described and a tract of land conveyed to Prosper—Tolirood Joint Venture, Ltd. by
a deed filed for record at County Cleric's Instrument Number 96-009247 of the Deed
Records of Collin County, Texas;
Thence N 00'31'00" E, along the common boundary line of the tract of land herein
described and the aforementioned Prosper Joint Venture tract, 326.43 feet to a 1/2" rebar
found for their common North corner on the South boundary line of a tract of land
conveyed to K. A. Braddock by a deed filed for record at County Clerk's Instrument
Number 94-0085377 of the Deed Records of Collin County, Texas:
Thence S 89'19'22" E, along the common boundary line of the tract of land herein
described and the aforementioned Braddock tract. 131.72 feet to a 1/2" rebar with a cap
marked "RPLS #4967" set for their common corner,
Thence N 00'14,'12" E, continuing along the common boundary line of the tract of
land herein described and the aforementioned Braddock tract. 192.20 feet to a 1/2" rebar
found for a common West corner of the tract of land herein described and the
above—mentioned Prosper -- railroad Joint Venture, Ltd. tract;
Thence along the common boundary line of the tract of land herein described and the
above--mentioned Prosper — railroad Joint Venture, Ltd. tract:
S 89-41'10" E. 198.37 feet to a 3/8" rebor found for a common corner,
S 00'17i51" W, 518.74 feet to a 1/2" rebar found for a common corner,
N 89'31'15" W, 331.13 feet to the Point of Beginning.
Said tract of land containing 145,930 square feet or 3.350 acres, more or lees.
Said tract of land may be subject to an undefinable easement to Denton County Electric
Cooperative. inc. as filed for record in Volume 467 at Page 345 of the Deed Records of
Collin County, Texas.
•
1 �
With reference to my copy of the Federal Emergency Management for Collin Cor,nty, Texas, CommunityPanel No. 480135C--012�G Flood Insurance Rate 96p
the. subject Property's scaled locgtrn lies within Flood Zones) whichevisis noton 1 de lgn
a 100 year Special Flood Hazard Area. The above map is azaignated
and after a more detailed study the Special eY not include all Special Flood Hazard Arc.-q
added. Localized floodingmay Flood Hazard changesge may be modified and other o re
occur someday due to in adjacent drainage 9 Pane r-� OF
I do hereby certify that this survey was made on the ground and the plat hereon 4, •'a tit.
is a true and correct representation of this property; there are no visible conflicts, h.• '
encroachments, overlapping of improvements or easements except as shown; oil
easements and other matters of record of which 1 have been advised,
commitment, are as shown here n. by the above (�jfj r' •..
.q 4967 ..
Larry W. Busby
TX R.P.L..B. No. 4967 — NM R.P..S. No. 11398
x wi SCALE_ 1" s 60'
�� — DELTA LAND SURVEYING DATE: 2/13/03
NO. REVISION DAiE .J ..a ;: 1, 1520 Road Runner Road SURVEYED BY: LWB
JOB NO.: 03028 I ` \ Anna, Texas 75409 DRAWN BY: LW8
Dw�� 03Q28— CC"' (214) 584-5111 rax (972) 924-4082 APPROVED
VED BY: LW
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— I Current Zoning:SF-1
Requested Zoning:Commercial Corridor
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Gross Acreage=3.35
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Net Acreage=Approx.2.40
_•••rn Appnc1083.
NOTES:
Q THE THOROUGHFARE ALIGNMENT(S)SHOWN ON
THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND
DOES NOT SET THE ALIGNMENT.THE ALIGNMENT IS
DETERMINED AT THE TIME OF FINAL PLAT.
®NO 100-YEAR FLOODPLAIN ON SITE
Prosper Trail(Future 90'R.O.W.) EXHIBIT"A"
ZONING EXHIBIT
FOR
Zoning Case:ZO5-5
BAILEY TRACT
A 3.350 ACRE TRACT OF LAND IN THE COWN
COUNTY SCHOOL LAND SURVEY,ABSTRACT
NO.147 IN COLLIN COUNTY,TEXAS
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