04-024 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-24
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;
REZONING A TRACT OF LAND CONSISTING OF 17.2988 ACRES, MORE OR
LESS, SITUATED IN THE WILLIAM H. THOMASON SURVEY, ABSTRACT
NO. 895, 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 RETAIL (R);
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 Ron
Berlin to rezone 17.2988 acres of land, more or less, situated in the William H. Thomason
Survey, Abstract No. 895, 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
17.2988 acres of land, more or less, situated in William H. Thomason Survey, Abstract No. 895,
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 Retail (R). The Property
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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: 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.
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DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 9th day of March 2004.
APPROV S ORM:
r e anger,
ATTESTED TO AND
CORRECTLY RECORDED BY:
4,,Aivute %
Shanae Jenning own Secr ary
//�� ��yy�� l/ZOO
DATE OF PUBLICATION:I�''�'t f 0901 E , Dallas Morning News-Collin County Addition
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. ///'BiT ',4 '
BEING all that certain lot, tract or parcel of land situated in the
William H. Thomason Survey, Abstract No. 895, and being out of the
called 79.24 acre tract of land described in a Special Warranty Deed
from Henry A. Barlow and Martina L. Barlow, as Trustees for the Henry
A. and Martina L. Barlow Family Trust dated April 4, 2003 and being
recorded in Volume 5416 at Page 6128 of the Land Records of Collin
County, Texas, and being more particularly described by metes and
bounds as follows;
BEGINNING at a 1/2" iron rod found for the Southwest corner of said
William H. Thomason Survey at the junction center of County Road No.
80 from the North, County Road No. 79 from the East, County Road No.
74 from the South and County Road No. 78 from the West, same being
the Southwest corner of said Barlow 78.24 acre tract, same being the
Southeast corner of the Sexton Farms Ltd., 140.542 acre tract as
recorded in Volume 4673 at Page 778, same being the Northeast corner
of Mustang Midway Plano, Ltd., 38.8052 acre tract as recorded in
County Clerk's File Number 96— 0038753 and the Northwest corner of the
W. H. Rasor III 127.988 acre tract as recorded in County Clerks File
Number 97-0088102 of the Land Records of Collin County, Texas;
THENCE North 0' 01' 30" East along the West line of said Barlow
called 79.24 acre tract and being common to the West line of said
William Thomason Survey and following the center of County Road No.
80 for a distance of 1052.00 feet to a 5/8" iron rod set for corner;
THENCE East and departing the center of County Rood No. 80 for a
distance of 257.47 feet to a 5/8" iron rod set for corner, said point
being the beginning of a curve to the right having a central angle of
45' 00' 00" and a radius of 182.00 feet with a chord bearing South
67' 30' 00" East at a distance of 139.50 feet;
THENCE Southeasterly along said curve to the right for an arc distance
of 142.94 feet to a 5/8" iron rod set for corner;
THENCE South 45' 00' 00" East for a distance of 559.50 feet to a
5/8" iron rod set for corner, said point being the beginning of a
curve to the right having a central angle of 45' 00' 00" and o
radius of 182.00 feet with a chord bearing South 22' 30' 00" East at
a distance of 139.30 feet;
THENCE Southeasterly along said curve to the right for on arc distance
of 142.94 feet to a 5/8" iron rod set for corner,
THENCE South for a distance of 479.94 feet to a 5/8" iron rod set for
corner in the center of County Road No. 79, some being the South line
of the aforesaid Barlow 79.24 acre tract;
THENCE North 89' 37' 06" West along the center of said County Road
No. 79 and following the South line of said Barlow 79.24 acre tract
for a distance of 835.57 feet to the POINT OF BEGINNING AND CONTAINING
17.2988 ACRES OF LAND (15.0088 ACRE NET AREA), more or less.
FL000NOTE: According to the Flood Insurance Rate Map Panel Number
48085CO260, effective date of January 19, 1996 the property hereon
does lie within any the area designated as 100 Year Floodplain.
CERTIFICATION
THE PLAT HEREON IS A TRUE, CORRECT AND ACCURATE
REPRESENTATION OF THE TOPOGRAPHY OF THE PROPERTY
AS DETERMINED BY SURVEY; SUBJECT TO ALL EASEMENTS,
RESERVATIONS AND RESTRICTIONS WHICH MAY BE OF RECORD.
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DAVID PETREE DAVID.PETREE...,
REGISTERED PROFESSIONAL LAND SURVEYOR {890 ..
REG. NO. 1890 `%;,,
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in THE DALLAS MORNING NEWS — COLLIN COUNTY EDITION on:
( Legal Notices )
TOWN OF PROSPER, March 15, 2004
TEXAS
ORDINANCE NO.04-24 March 16, 2004
AE
ING PROSPEN R S ZONING
ORDINANCE NO. 84-16;
REZONING A TRACT OF
LAND CONSISTING OF
17.2988 ACRES,MORE OR
LESS,SITUATED IN THE
WILLIAM H. THOMASON
SURVEY,ABSTRACT NO.
895, IN THE TOWN OF
PROSPER, COLLIN
COUNTY, TEXAS HERE-
TOFORE ZONED SINGLE
FAMILY-1 (SF-1) AND IS
HEREBY REZONED AND i
PLACED IN THE ZON-
ING CLASSIFICATION OF \�/ 7 / ,-
RETAIL (T); T TO BE .
ING THE TRACT TO BE `/'fj//
REZONED; PROVIDING '7 , /�4 `(y 1
FOR A PENALTY FOR ( _6
THE VIOLATION OF
THIS (Lynda Black)
PRO-
VIDING ORNRE;FOR REPEAL- (Lynda Black)
ING, SAVINGS AND SEV-
ERABILITY CLAUSES;
PROVIDING FOR AN EF-
FECTIVE DATE OF THIS
ORDINANCE; AND PRO-
VIDING FOR THE PUB-
LICATION OF THE CAP-
TION HEREOF.
Sworn to and subscribed before me this March 22, 2004, A.D
\-..440 gY PUg`G�'.�/� I ' o d
I, = (Lisa Battenfie
�q �� 1