04-058 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-58
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;
REZONING A TRACT OF LAND CONSISTING OF 0.3 ACRE, 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-1 (SF-1) AND IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF SINGLE
FAMILY-3 (SF-3); 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 Wanda
and Sharon Howard to rezone 0.3 acre 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. 84-16. Zoning Ordinance No. 84-16
is amended as follows: The zoning designation of the below-described property containing 0.3
acre 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 Single Family-3 (SF-3). The
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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 25th day of May 2004.
APP RM:
har s ger or
ATTESTED TO AND
CORRECTLY RECORDED BY:
r.
J
hanae JenningstSecreta
DATE OF PUBLICATION: 3 0`1 3- 01/01 , Dallas Morning News-Collin County Addition
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Exhibit A
STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS, Wanda Howard and Sharon Howard are the owners of a tract of land
situated in the State of Texas, County of Collin and the City of Prosper, and being part of
Lot 9 and Lot 10, Block 13 of Bryant's First Addition, an addition to the City of Prosper
according to the plat thereof recorded in Volume 116, Page 162 of the Deed Records of
Collin County, Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found marking the southwest corner of a tract of land
conveyed to Pedro Ramires by deed recorded in Volume 4551, Page 2777 of the Deed
Records of Collin County, Texas,the southeast corner of said premises and being in the
north right-of-way line of Second Street(60' R.O.W.);
THENCE with the north line of said street right-of-way and the south line of said
premises, West, 93.00 feet to a 1/2-inch iron rod found marking the southwest corner of
said premises and the southeast corner of a tract of land conveyed to Mary Ruth McTee
by deed recorded in Volume 3213, Page 556 of the Deed Records of Collin County,
Texas;
THENCE with the east line of said McTee tract and the west line of said premises,North,
140.00 feet to Roome 1/2-inch capped iron set marking the northwest corner of said
premises,the northeast corner of said McTee tract and being in the south right-of-way
line of a 20 foot alley;
THENCE with the south line of said alley right-of-way and the north line of said
premises, East, 93.00 feet to a Roome 1/2-inch capped iron rod set marking the north east
corner of said premises and the northwest corner of said Ramires tract;
THENCE with the west line of said Ramires tract and the east line of said premises,
South, 140.00 feet to the point of beginning and containing 13,020 square feet or 0.30
acre of land.
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Zoning Exhibit A for Zoning Cue Z04-8
. 13i rn EnER j- Bryant's First Addition
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I ��� ® Collin County School Land Survey,Abstract No.147-7,
i 0.30 Acre
® March 19,2004
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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:
( IVO ) June 3, 2004
TOWN OF PROSPER,
TEXAS June 4, 2004
ORDINANCE NO.04-58
AN
IPNFiDSPER
ZONING ORDDTTNAN PER)
TRACT166FRLANDI REZONING
ORE OTING R LESS F 0.3 A
SITU-
ATED IN THE dOLLIN
COUNTY SCHOOL LAND
SURVEY, ABSTRACT
NO. 147, IN THE TOWN
OF PROSPER, COLLIN
COUNTY,TEXAS HERE-
TOFORE ZONED SIN-
GLE FAMILY-1 (SF-1) '
AND IS HEREBY RE •
-
ZONED AND PLACED / {
IN THE ZONING CV.S- V, � ,.'/ "�
SIFICATION OF SINGLE ✓✓U
FAMILY-3 (SF-3); DE-
SCRIBING THE TRACT
TO BE REZONED; PRO- (Lynda Black)
VIDING FOR A PENAL-
TY FOR THE VIOLA-
TION OF THIS ORDI-
FOR REPEALING�
SAV-
INGS AND CLAUSES;SEVERABILI-
INEFFECG EFFEC-
TIVE DATE OF THIS
ORDINANCE;AND PRO-
VIDING FOR THE PUB-
LICATION -
Sworn to an TION HEREOF. re me this June 4, 2004, A.D
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