05-38 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.05-38
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A
TRACT OF LAND CONSISTING OF 85.789 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 CLASSIFICATIONS OF
COMMERCIAL CORRIDOR (CC)AND SINGLE FAMILY-15 (SF-15); 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 JBJ/Calder Fund V, J.V.
("Applicant")to rezone 85.789 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 85.789 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), 44.8± acres, and Single Family-15 (SF-15), 40.8± acres. 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: Savinqs/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 AS TO FO •
arles isw g , Mayor
ATTESTED TO AND
CO ECTLY RECORDED BY:
Shanae Jenning own Secrets
DATE OF PUBLICATION: (Q / Q3--V 67
21, as--, Dallas Morning News—Collin County Addition
EXHIBIT "A"
PROPERTY DESCRIPTION
BEING a tract of land situated In the Collin County School Lond
Survey, Abstract No. 147, and being all of a called 85.818 acre
tract called out as "First Tract" as conveyed to Prosper Joint
Venture by deed recorded in County Clerk's File No. 93-0021704,
Collin County Land Records, Texas, and being more particularly
described as follows:
BEGINNING at a 5/8" Iron rod set for corner in the centerline of
Collin County Road 48 (an apparent public use road with no
record found) at its intersection with the west line of Collin
County Road 49 (an apparent public use road with no record
found), said iron rod bears N 89 54'42" W, 25.00 feet from a
1/2" Iron rod found for corner at the intersection of the
centerlines of said roads;
THENCE N 8954'42" W. along said centerline, a distance of
2624.05 feet to a 5/8" iron rod set for corner at the
southwest corner of the aforesaid First Tract and the southeast
corner of a tract conveyed to Carlos M. Mendez by deed
recorded in Volume 1187, Page 643, Land Records, Collin County,
Texas;
THENCE N 00103'12" E, departing said centerline and along the
common line between said First Tract and said Mendez tract,
generally along the remnants of a wire fence, passing at a
distance of 1325.56 feet a 1/2" iron rod found for corner at
the northeast corner of said Mendez tract and the southeast
corner of a called 41.784 acre tract conveyed to Chesney Family
Limited as recorded by deed in County G"terk File's No.
97-0110629, Collin County Land Records, Texas, and continuing
along the east line of said tract for a total distance of 1422.00
feet to a 5/8" iron rod set for corner at the northwest corner
of said First Tract and the southwest corner of a called 38.35$
acre tract conveyed to said Chesney Family Limited in said
County Clerk File No. 97-0110629;
THENCE S 89 52'43" E, along the south line of said 38.358 acre
tract and generally along the remnants of an old turn row,
passing at a distance of 1373.92 feet a 1/2" iron rod found for
corner at the southeast corner of said tract and the southwest
corner of a called 40.071 acre tract conveyed to Kimberly A.
Braddock by deed recorded in County Clerk File No. 94-0085377,
Land Records, Collin County, Texas, and continuing along the
south line of said Braddock tract in all a total distance of 5/8"
iron rod set for corner in the aforementioned west right of way
line of Collin County Road 49, from said corner a 1/2" iron rod
bears S 89'52'43" E, 25.00 feet;;
THENCE S 00'28'56" W, departing said Braddock tract south line
and along said west right of way line, a distance of 1420.52
feet to the POINT OF BEGINNING and containing 3,736,960
square feet or 85.789 acres of land, more or less.
1, the undersigned, do hereby declare that this survey substantially complies with
the current Texas Society of Professional Surveyors Standards and Specifications
for a Category IA, Condition 11 Survey.
Date of Survey. 09-05-2003 oF`
44F,C, �ER`O'�S
By. Brockette-Davis-Drake, Inc. * ,� .*
mom_B. MARX
5181 .„'
Mi hael . Mare _ _-
Registered Professional Land Surveyor 5181
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Current Zoning:SF-1
i ' "" . Requested Zoning:SF-15&
Requested Zoning.SFE15 ReyuasteE Zonm9;pdnmercial Coni4or
Commercial Corridor
RZ OrdI once 80-16Under Zoning ,•
3 Gross Acreage Net Acreage
„5 Zoning Boundaryi SF-15 40.82 36.28
, a 3 CC 44.80 33.06
e.+a en �, a p TOTAL: 85.78 69.34
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i/ E v
jj/ „o U 5 ti THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS
E.' I EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO
NOT SET THE ALIGNMENT.THE ALIGNMENTS ARE
LL DETERMINED AT THE TIME OF FINAL PLAT.
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--—--my .ro'—-`c'tCnY-.... --—-.- ,.,..." —--—--J PROSPER TRAIL(FUTURE 90'R. — EXHIBIT"A"
ZONING EXHIBIT
FOR
.,. Zoning Case:Z05-7
,:K JBJ/CALDER TRACT
A 85.789 ACRE TRACT OF LAND IN THE COLLIN
Conde,PRO,. gra' "eNc ro_�nro COUNTY SCHOOL LAND SURVEY,ABSTRACT
t°'"°'- NO.147 IN COLLIN COUNTY,TEXAS
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181/CALDER FUND V,J.V. HUI1T LIARS