04-046 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-46
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;
REZONING A TRACT OF LAND CONSISTING OF 31.3774 ACRES, MORE OR
LESS, SITUATED IN THE F. WILKERSON SURVEY, ABSTRACT NO. 1411
AND THE J. MORTON SURVEY, ABSTRACT NO. 793, IN THE TOWN OF
PROSPER, DENTON 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
Swisher Partners, LTD. to rezone 31.3774 acres of land, more or less, situated in the F.
Wilkerson Survey, Abstract No. 1411 and the J. Morton Survey, Abstract No. 793, in the Town
of Prosper, Denton 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
31.3774 acres of land, more or less, situated in the F. Wilkerson Survey, Abstract No. 1411 and
the J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, (the
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"Property') and all streets, roads and alleyways contiguous and/or adjacent thereto are hereby
rezoned as Retail (R). 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.
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DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 28th day of April, 2004.
APPROVED A FORM:
Charles Nis anger, yor
ATTESTED TO AND
CORRECTLY RECORDED BY:
S anae Jennings, wn Secr ry
DATE OF PUBLICATION. , atlas Morning News-Collin County Addition
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David Petree
kegistered Professional Land Surveyor
11015 Midway Road
Dallas, Texas 75229
Phone (214) 358-4500
Fax (214) 358-4600
PROPERTY DESCRIPTION
31.3774 ACRE TRACT
SEC PARVIN ROAD @ F.M. 1385
DENTON COUNTY, TEXAS
February 10th, 2004
BEING all that certain lot, tract or parcel of land situated in the F. Wilkerson Survey,
Abstract No. 1411 and the J. Morton Survey, Abstract No. 793 in Denton County, Texas,
and being part of the 129.978 acre tract of land conveyed to Swisher Partners, L.P. by
deed recorded in Document Number 2004-7927 of the Deed Records of Denton County,
Texas, and being a portion of F.M. Road No. 1385, an 80 foot public right-of-way, and
being more particularly described by metes and bounds as follows;
BEGINNING at the intersection of the centerline of said Farm Market Road No. 1385, with
the centerline of Parvin Road, an undedicated prescriptive County road, for the
Northwest corner of the tract of land herein described;
THENCE South 89° 29' 10" East, at a distance of 40.03 feet passing an 80d nail found in
the East line of said Farm Market Road No. 1385, for the Northwest corner of said
Swisher 129.978 acre tract and continuing on with the North line of said Swisher 129.978
acre tract and the common centerline of said Parvin Road, for a total distance of 883.95
feet to a 518" iron rod set for the Northeast corner of the tract of land herein described;
THENCE South 00° 30' 50" West, and departing Parvin Road and the North line of said
Swisher 129.978 acre tract for a distance of 1498.96 feet to a 5/8" iron rod set for the
Southeast corner of the tract of land herein described;
THENCE North 89° 29' 10" West, at a distance of 899.68 feet to passing 5/8" iron rod set in
the East right of way line of the aforesaid Farm Market Road No. 1385, and continuing on
a total distance of 939.71 feet to the centerline of said Farm Market Road No. 1385, for the
Southwest corner of the tract of land herein described;
THENCE North 02° 38' 39" East, along the centerline of said Farm Market Road No. 1385
and a line 40 foot West of and parallel to the West line of said Swisher 129.978 acre tract
for a distance of 1500.00 feet to the POINT OF BEGINNING and CONTAINING A GROSS
AREA OF 31.3774 ACRES OF LAND, with 1.3774 Acres of Land lying in the present right-
of-way of said Farm Market Road No. 1385 and 1.9607 Acres of Land lying in the
proposed right-of-way of said Farm Market Road No. 1385 and said Parvin Road, for a Net
Area of 28.0393 Acres of Land, more or less. •
fj007;446 �PP�G�sTE,q _-1-
DAVID PETREE
David Petree 1890
Registered Professional Land Surveyor � sso�,yoe-
O �UR\E
INOTE 1IDoo
THE THOROUGHFARE AUGMENTS SHOWN .. aTEwam
ON TRIS OGNINT ARE FOR ILLUSTRATOR IIII" "Ilia
THEALIGNMENTS
PURPOSES EN DO NOT SET AIMSOMOrT. ^ Mid A.Mi I II �14
THE 0440 WILL K CRIMSONED FD AT
THE TIME a FINAL PLAT.
IL. wµaaawa.mans -,o,e IIIIIII IIIIIII'
a snot
011i
i 1 c.en GAS'01.99
i s.rn•lo'e-muss' Cs r:,,a r-,o..rn PARVIN ROAD ..o.c n,rc ,o,ml zm m
Ia-°Lents SOW.
su•r,�,:;.� .—-" _- _ __ _ _._
_- - - _ - •—_— ..E. cravat u n.c xuc .mo•
_,I ! EXHIBIT FOR ZONING CASE Z04-1
1 s11W1[w PA lil6.u, BEING all that aortal¢ lot, tract or parcel of land .Muo4.d !
7 1.7 7 7 4 ACRE 6 F. Wilkerson Surn.yy, Ab.hact No. 1411 and}h. J. Morton S
` �xo;aw.�sa-sisnm Abstract No. 793 In Denton County T.xa.. and being part of .,.a
••' -.. "^"'�"� ' 129978 acre tro of land c to Swl. r P
O "c 'k''�-im i°� R s w sl N Ez i.c i e'N[.s. L.R '° '•" deed nscord.d In Ooeumenrt Number 2004-7927 off IM D..d by
i� A C R[5) Records of D.nlon County. Tuas, and betnT9 a poetbn of F.M.
_ o o coo o z o°•-T,z T Road No. 1365,an 60 tool b right-of-wa and MI
W - _ [[o R[c o.o s partkulorty d.sMb.d M met and bowl. a.ylolbws; more
'
Tr ®��K BEGINNING at the intersection of the centerline of said Farm
Market Rood No. 1385, with the centerline of Pandit Rood, on
undedicated prescriptive County rood, for the Northwest corner of
the frost of land h.r.tn described;
O I
_ i THENCE South 89' 29' 10' East, at a di.tonc.of 40.03 feet
I
1. passkp an 80d nail fund 9.th.East line of sold Farm Market
Road No. 1385, for the Northwest com.r of sod Swisher
. ! trac
t and continuing on with the North line of said
WC c I Swisher 129.978 acre trod and Itl• common centerline of said
009
$ Pardn Rood, for a total distance of 883.95 fed to a 5/6' Iron
O, It s1,11.10.w-su.n• _ rod set for the Northeast corner of the trod of land herein
d.scrtb.d;
ail '
THENCE South 00' 30' 50'Wed, and departing Parvin Rood and
F ` I J ,. .• „ T .J t`i ., G it V El Y , ,, - the North II. of saki Swisher 129.976 acretrod for a dldanu
IIIof 1498.96 fed to 0 5/8'Iron rod s.1 for fh. Southeast comer
of the tract of land herein described;
iC
CCTHENCE North 89' 29' 10'Wed, of a distance of 899.88 fed to
---------- -------""----"-- passing 5/8" Iron rod ..t In the East right of way Iine of the
aforeeald Farm Market Road No. 1385, and continuing on a total
distance of 939.71 fed to the unl.rflo. of said Forth Market
5•1SNER L.P.
Rood No. 1365, for the Southwest corner of the tract of land ARTNERS
DO
icl. 9 u T zz oAfICAR-ETSo z T ( r o °.•. ,,, herein described;
0 a[N .
o RECORDS ..c.*. THENCE North 02' 38' 39' East, along the centerline of said
F I Farm Market Rood No. 1365 and a IIn. 40 foot Wed of and
LEI ! :> f? U 1, D \7 parallel to the West line of saki Swisher 129.97a acre tract
. , ,. - . . . ., a distance of 1500.00 fed to the POINT OF BEGINNING and
CONTAINING A GROSS AREA OF 31.3774 ACRES OF LAND. with
1.3774 Acres of Land lying in the present right-of-way of sold
CC
Farm Market Rood No. 1385 and 1.9607 Acres of land lying In
the proposed right-of-way of sold Form Market Rood No. 1385
IL
I and said Pant, Rood, for a Net Area of 26.0393 Acres of Lond,
more or less.
•
08 one .-smeq I
NOTE
•• ••=.• I According to the Federal Emergency '"
'e.L•'•!1!....i..' Nan.m.nt Ag•
ency.9•nry, National Flood
In.uronc. Program, FIRM - Flood Insurance
Rote Map For Denton County, Texas and
Incorporal.d Area.. Yap Noe4a1z1covo EXI-iBIT A FOR ZQ JG CASE ZO4
E and 48121C0410 E. effective
a ..ripril
2. 1997: fhe property shown hereon does 31.3774 ACRES OF LANI
• not Ile Shin a designated flood hazard F. WILKERSON SURVEY, A-141
area,but II.. within Zone "X Areas of
Minimal Flooding, Outside The 500 Y.or J. MORTON SURVEY, A-793
i Flood Plain.' DENTON COUNTY, TEXAS
ere OOIN PEI
R[Oelpl®UROrFinat.
11015 MOM R610 SUITROR Nil.1..0 SCA: I'-2 10.la
_ 70221
Q soT
Ft QIT4uaa ,......s..v..®.
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, May 6, 2004
TEXAS
ORDINANCE NO.04-46 May 7, 2004
AMENDING IPROSPER
ZONING ORDINANCE
NO. 84-16• REZ NIMIG A
TRACT OF LA ON-
SISSETING OF' 1 0714
SURVACRES! MO %Oil
EY, ABS Ci
NO. 1411 AND ME J.
MORTON SURVEY AB-
STRACT NO. 790 IN
THE TOWN OF PROS-
PER, DENTON COVN-
c,cti...._
TY TEXAS HERETO-
FORE ZONED SINGLr
FAMILY-1 (SF-1)AND Is
HEREBY REZONE)
AND PLACED IN THE
ZONING ZONING CLASSIFI A-
TION OF RETAIL ( )
DESCRIBING T t
TRACT TO BE RE- (Lynda Black)
ZONED; G
FOR A POLTYD����
ENA FOR
THE VIOLATION OF
THIS ORDINANCE; ,
PROVIDING FOR RE- ,
PEALING, SAVINGS
AND SEVERABILITY
CLAUSES; G
FOR AN EFFECTIVE
DATE OF THIS ORDI-
NANCE; AND PROVID-
ING this to AION OF THEUCAP- me this May 13, 2004, A.D
TION HEREOF.
�Okiiiiitit,
"I ZcTENFj !,; ,
Q`:.r4..9. Pus�C''•. (Li a Batte field)
; o o