05-37 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 05-37
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A
TRACT OF LAND CONSISTING OF 40.066 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 Cothran Malibu
Investments, Inc. ("Applicant") to rezone 40.066 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 40.066 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/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 14th day of June, 2005.
APPROVED AS TO F .
Charles i anger, or
ATTESTED TO AND
CO CTLY RECORDED BY:
Shanae Jennin own Secre
DATE OF PUBLICATION: 4 Z d r '94 /2'1/ SDallas Morning News— Collin County Addition
AMY
1�! 'Exhibit '•A'•
All that certain tract or parcel of land lying and being situate in Collin County,
Texas, a part of the COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, and
being and including all that certain tract said to contain 40.071 acres as described
in a deed to Kimberly Ann Braddock, recorded under Clerk's File No. 94-0085377,
sold tract or parcel of land is herein described as follows; to wit:
BEGINNING at a 3/8-inch iron rod found at the extension from the South of the
West edge of County Road No. 49 for the Northeast corner of the premises herein
described, said corner being on the South line of a record 79.52 acre tract
described in a deed to Prosper 80 Ltd., recorded In Volume 5103, Page 3723 of
the Collin County Land Records, said corner ciso being the Northwest corner of a
record 33.3868 acre tract described under the caption, ''Tract 2," in a deed to
Prosper-Tollroad Joint Venture Ltd., recorded under Clerk's File No. 96-0090247;
THENCE along the West edge of said Road, South 00 degrees, 36 minutes, 57
seconds West 1024.52 feet to a 3/8-Inch iron rod found at a Southwest corner of
said Prosper-Toll Road Joint Venture, Ltd., tract;
THENCE South 00 degrees, 28 minutes. 49 seconds West crossing said Road a
distance of 192.23 feet to an 1/2-inch iron rod found for the Southeast corner
hereof, said corner being a re-entrant corner of a called 3.355-acre tract
described in an instrument recorded In Volume 1433, Page 176 of the Collin County
Deed Records;
THENCE North 89 degrees, 05 minutes, 32 seconds West 131.64 feet to an 1/2-inch
iron rod found at the most Westerly Northwest corner of said called 3.355-acre
tract, said corner being the Northeast corner of a record 85.82 acre tract described
In a deed to Prosper Joint Venture recorded under Clerk's File No. 93-0021704;
THENCE North 89 degrees, 36 minutes, 07 seconds West 1285.99 feet to an
1/2-inch iron rod found on the North line of said called 85.82 acre tract for the
Southwest corner hereof;
THENCE North 00 degrees, 17 minutes, 19 seconds East 1211.60 feet to an
1/2-inch iron rod found on the South line of a record 40.071 acre tract described
In a deed to Fowler Living Trust recorded in Volume 4660, Page 2306 of the Collin
County Land Records for the Northwest corner hereof;
THENCE North 88 degrees, 47 minutes, 08 seconds East 1290.85 feat to an
1/2-inch Iron rod found at the Southeast corner of the 40.071 acre tract conveyed
to Fowler Living Trust;
THENCE South 00 degrees. 08 minutes, 52 seconds West 33.71 feet to a 5/8--inch
Iron rod found at a re-entrant corner hereof, sold corner being the Southwest
corner of said 79.52-acre tract;
THENCE North 89 degrees, 49 minutes, 04 seconds East a distance of 133.63 feet
to the Place of BEGINNING and containing 40.066 acres of land.
r' OF
DATE? 9/01/03 s i .,-,,,,,,,�,,,,►.�
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James £, Smith TI
Registered Professforai Lend Surveyor No. 3700
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, � __,_ \ „%ER,•;«; Requested Zoning:Commercial Corridor
Gross Acreage=40.066
O'I' Net Acreage=Approx.29.2
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Prosper Trai NOTES:
/pprox,3s6Y
��w,,, ;°' = O a)THE THOROUGHFARE ALIGNMENT(S)SHOWN ON
THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND
^v, LI- DOES NOT SET THE ALIGNMENT.THE ALIGNMENT IS
�..i DETERMINED AT THE TIME OF FINAL PLAT.
0 ®NO 100-YEAR FLOODPLAIN ON SITE
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.� EXHIBIT"A"
"t ° ZONING EXHIBIT
Prosper Trail Future 90'R.O.W. X F°"
p ( ) Z W Zoning Case:Z05-6
>, COTHRAN MALIBU TRACT
a)a) all A 40.066 ACRE TRACT OF LAND IN THE COLLIN
U) COUNTY SCHOOL LAND SURVEY,ABSTRACT
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NO.147 IN COLLIN COUNTY,TEXAS
11 ONBIANGHDRNWIDILP. HUITf-ZDLIARS