04-084- O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-84
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A
TRACT OF LAND CONSISTING OF 0.218 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-1 (SF-1) AND
IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF COMMERCIAL
(C); 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 Dan Christie ("Applicant")
to rezone 0.218 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 0.218 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
Commercial (C). 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
1
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.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on
this 24th day of August, 2004.
APPROVED AS TO F .
es ger, ay
ATTESTED TO AND
COR CTLY RECORDED BY:
S anae Jennings, T n Secretary
DATE OF PUBLICATION. 4 L V(1 ef &A y , Dallas Morning News— Collin County Addition
2
EXHIBIT A
ZONING REQUEST
0.218 Acres
Town of Prosper
Collin County, Texas
SITUATED in the Town of Prosper, in the Collin County School Land Survey, Abstract No. 147
of Collin County, Texas and being a small portion of Broadway Street and all of Lots 19 and 20,
Block 1 of Bryant's Addition, an addition to the Town of Prosper according to the plat thereof
recorded in Volume 116, Page 162 of the Deed Records of Collin County, Texas (D.R.C.C.T.)
and being more particularly described by metes and bounds as follows:
BEGINNING at the Northwest corner of said Lot 20, on the South line of an alley(20' wide
R.O.W.) and same being the Northwest corner of that certain tract of land described in a deed to
Dan Christie, recorded in Volume 4167, Page 602, D.R.C.C.T. and also being the Northeast
corner of Lot 21, Block 1 of said Bryant's Addition;
THENCE: Due East, along the North line of Lot 20 and 19 and the South line of said alley, a
distance of 50.00 feet to the Northeast corner of said Lot 19 and same being the Northwest
corner of Lot 18A as described in a deed to the Town of Prosper, recorded in County Clerk's File
No. 95-0039117, D.R.C.C.T.;
THENCE: Due South, along the common line of said Lot 19 and Lot 18A, passing the Southeast
corner of Lot 19 and the North line of Broadway Street at 140.00 feet and continuing on for a
total distance of 190.00 feet to a point for corner in the center of said Broadway Street (100'
wide R.O.W. at this point);
THENCE: Due West, along the center of Broadway Street, a distance of 50.00 feet to a point for
corner;
THENCE: Due North,passing the Southwest corner of said Lot 20 and the North line of
Broadway Street at 50.00 feet and continuing along the common line of Lot 20 and Lot 21 for a
total distance of 190.00 feet to the POINT OF BEGINNING and containing 9,500 square feet or
0.218 acres of land.
Prepared Under My Hand and Seal, A cA � ERFo•
This 26th Day of June, 2004. :..•N•••.•••N•••.N..••
til
< L. H. RINGLEY
` NN•NM•N•••N•N••NN••••••••\A4701 + y>
Lawrence H. Ringle . .L.S. ► �,1111 '1
State of Texas, No. 4701 � ' `
N I I FLOOD PLAIN STATEMENT I I LEGEND VICINITY MAP
It I.lb.opinba of titleSurveyor.the NO part of lb. a
Subject Property mown hereon Nee within the 100 Year ® 'TRENT ADORE=
I I Flood Plain according to the Information peep In Nap I I
.41.. Number.ease C 028 C of Federal Emergency Management
_waV I I lam: (ranee Rate Map(MIA), effective Date:July,V 1001. I I ® CURRENT PROPERTY USE
I — — — — — — — — I — noMeasej
t w n.n
— — ®-' CURRENTIDNeal ly
ING ��
• 9 IGT 1111YNElI "ili� �meri
MIME
FIFTH STREET O el2CR NUlaa• ii
� y ————LOT Ill[
--—RWUD0106 20Nd0 IJIR 1�_
�_ 1_ It30— AEI ,1 RED AEI— AEI TMID- — ....:7,......
I I I I rTHII
I I 1
4;--1 I I I i Is
I I
N t LEGAL DP,CRIPTON
I — eN• _ _
•�•TA t �"r... — —`fir— — SITUATED In the Town of Prosper,In the Collin County Scboal Land Survey,
p Q Abstract No.1n f Cain County),T.ue and being a email portion of trwd,ray
0 Street and all of of
19 had 20,plat
1 of Bryant•Addition,en adition to the
1- _ — — — W Town of Prosper according to the plat thereof recorded In Volume Ile,Page 1e2 or
the Deed Records of Collin County,Tema(0.2.C.CT.)and being more partloulary
W 1 I 1 Lre�— tu �— a«omen by metes and bounds as follow.:
W I I I I I I 110 _ II I a SNOINNIRc at the Northwest corner of said Lot 20.on the South toe of an❑le,
I ¢ I I — — _ a+w• l- _ — (Eo'eta.lt.D.R.)aoa mein.halo hive NerthwM corner of that n.rtalo t*«t or Lna
`Me*" — Se•orlb.a In.died to Dan Cbrl.tle.recorded In Vowm.tl0T,P.g.not.D.R.C.C.T.
CO
I h tl and also being the Northwst corner of Lot 21,Block 1 el•old O•,.ol a Addition:
0 , t 1 ] I • 5 I 6 I a THENCE: Duo East,slang the Nartb Dee or Lot 20 aoa 19 and the South Ile.of
Sold alley,a distance el e0.00 fast to the North.ut corner of said Lot 19 and mama
..� • 114\ As r O i Z being the Northwest earner of lot ISA as de.mlbed Ina deed to the Town of
r ��//$$((--✓✓��--�� Mar O Creeper.recorded to County Clerk's rile No.05-00301M D.R.C.0 T: peening
the common Ilne of meld lol
sod
! '� I U tJ I n I T 1 >o I tf I,,,lee :.:1 t) � ,e T. , Ii.Ll I'1 'T ' I ty I t] I t�to to oenueulug`an for•
wttal distance the
of"0000.0 feet to•point Streetf
or er in the center
.f mid Bromine,Street 400 wide R.O.N.al foie paint)
I I � I I ( .1 I I I I I I I I I I I THEN• E: a NM'among the center of Breeden,street.a dialect.*of 6000 feet
Hai I I I e:i7.`titf) I l : ';I I I I I 1 1 I I I I I THENCE: Due North,panic/the Southwest earner of.ale Lot 20 and the North
I os, a 1 I - I I W I 00•of BreLot
21r•total l 6°.°0 feel and n feet
to ion` Ne line of Lot
IIMw I ma.�s I�� � � w I,� I a! tD a Lgt,0 r a dl•lrno. f Icroo feat to the POINT OF BEGINNING end
containing 9,s00 pun feel or O.21e ecru of tend
5 -:,.a 1 -:'Sat•' ., 1, ee a. O II y Pre d Vnd• wad aoa Sole
1
I I I I+ ( +I I I '�:1 I •IT I I I I I I I I I Tbrf amh Der of 3 n. lino.. '
I
+' ash iS._.,J I I I I I I I I I I }H
7.- ®® � I �I®I �{1 .�lsTot�
—L I, iI ( �—t-5 �1 ® 1 �I I ® _1_ I !age el T.iami,Nb 7D,.LS. 4I ,
® 1 I ® m _=
y
Zol■R Cue No.Z04-l3
1 ..._o� BROADWAY STREET OWNER ZONING EXIIIBIT A
."[. ._ (4TH STREET) DAN CHRISTIE 0.210 Acres
510 North Highway 289
Prosper.Texas(072)
r op(972) 346-3333 78 BBYANTB ADDITION
----__________ i
LOTS If!TO
It BLOC[I
APPLICANT Masted I■the
OS
r AEI
' TOWN OP PB08PLB M
—••• SEP I�-• ® s m •- KJ CDC NO m JOSEPH D. ANBELMO is lee IS
CARMEI.A WINERY LLC COLLIN COUNTY SCHOOL A
•e�^.a.•w .w++ s.r..e.• .•aw A�..w. 210 Nest Broadway
LOT 2 iR.9"' •" L e �'"`• Prosper. Texas 75078 LAND SURVEY
tOegTtIIo I I I I •'I" I ' I I I I I I I I I I I 214-2D2-3002 ABSTRACT NO.147
•�• COLLIN COUNTY,TEXAS
( I I I t I 3 I 4 I s ) s I I T I I ) N I 1e•I IrA I 12 I I 1 I 2 I 3 I WrO* wl,a none-.de MA e,.,....t currant...lee
PREOsmw ASO n¢N I I SURVEYOR [unmet teen 0.m sod e t....map el hey.1 Tema
Colonel I.Pap.mt I I I I I RINCLEY&ASSOCIATES. INC. � Ye ASSOCIATES, INC.
u Pa.C.c r. - 410 N. cy, 1..Tennessee Street 4•w lay
LOT a l ` I I I 3 I I ® McKinney, Texas 75060memo sem mew a��
072 6d2 1288Tem
.oe.,. I MIr�1 b ) 1.0 I . I
ad�a.f »nerve I a'-s' eesf eeeei-zoom
AFFIDAVIT OF PUBLICATION
STAFF, OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Puri in and for Dallas County, !i is day personally appeared Bill
Rutledge, Telephone Sales Representative for the DALLAS MORNING NEWS being
duly sworn by oath, states the attached advertisement of:
TOWN OF PROSPER-Ordinances 04-82, 83, 84 & 86
as published in THE COLLIN COUNTY MORNING NEWS on: AUGUST 28 & 30,
2004
/ `7 r
(Bill Rutledge)
Sworn to and subscribed before me this AUGUST 30, 2004 A.D.
•
(•
(Lisa Battenfi d)
" TOWN OF
PROSPER TEXAS
ORDINANCd NO.04-84
AN ORDINANCE
•
AMENDING PROSPER'S
!. ZONING ORDINANCE
• NO. 84-16• REZONING A
, ` TRACT 6F LAND CON-
• SISTING OF 0.218
ACRES MORE OR
LESS SITUATED IN
THE COLLIN COUNTY
SCHOOL LAND SUR-
VEY ABSTRACT NO.
THOWN
COL ION
P ,
COUNTY,
ZONED HERE-
TOFORE FAMILY-1 (SF-1)
AND IS HEREBY RE-
ZONED AND PLACED
IN THE ZONING CLAS-
MEIRCIALN OF(C)•CDE-
SCRIBING THE TRACT
TO BE REZONED; PRO-
VIDING FOR A PENAL-
TY FOR THE VIOLA-
TION OF THIS ORDI-
NANC {•�PROVIDING
FQR R YEALING, SAV-
INGS A D CLAUSES;SEVERABILI
O PROVID-
ING -
TIVE DATE OF THIS
ORDINANCE;II AND PUO-
B-
LICATION HEREOF HE CAP-
TION