04-090 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.04-90
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A
TRACT OF LAND CONSISTING OF 3.801 ACRES, MORE OR LESS, SITUATED IN THE JOHN
TUNNEY SURVEY, ABSTRACT NO. 916, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS HERETOFORE ZONED SINGLE FAMILY-1 (SF-1) AND IS HEREBY REZONED AND
PLACED IN THE ZONING CLASSIFICATIONS OF RETAIL (R)AND OFFICE (0); 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 Inara Management LLC
("Applicant") to rezone 3.801 acres of land, more or less, situated in the John Tunney Survey, Abstract No. 916, 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 3.801 acres of land, more or less,
situated in John Tunney Survey, Abstract No. 916, 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), 1.419± acres,
and Office (0), 2.382± 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. 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 31st day of August, 2004.
APPR D M:
Charles isw r, Mayor
ATTESTED TO AND
CO TLY RECORDED BY:
Shanae Jennings, n Secretary
DATE OF PUBLICATION: �9/v Y v� % 0 7 , Dallas Morning News— Collin County Addition
2
* * ZONING EXHIBIT * *
All that certain tract or parcel of land situated in the John Tunney Survey, Abstract Number 916,
City of Prosper, County of Collin, State of Texas, said tract being all of a called 3.34 acre tract as
described in deed to Inara Management, LLC,filed 22 November 2000, and recorded in volume
4801 page 57 of the deed records of the County of Collin, State of Texas, and said tract being part
of State Highway Number 289, as described in deed to the State of Texas,filed 03 July 1963, and
recorded in volume 619 page 530 of said deed records, and being more fully described as follows:
Beginning for the southeast corner of the tract being described herein at a found 60d nail, said nail
being the southeast corner of said Inara tract, same being the northeast corner of a tract as
described in deed to Blue Star Land, L.P.,filed 21 May 1999, and recorded in volume 4421 page
1264 of said deed records, said nail also being in Collin County Road Number 77;
Thence: South 88 degrees 48 minutes 19 seconds West, with the south line of said Inara tract, and
with the north line of said Blue Star tract, and with a barbed wire fence, and passing at 718.73 feet
a wood right of way monument being the southwest corner of said Inara tract, same being the
northwest corner of said Blue Star tract, and being on the east line of said highway 289, and
continuing on said course a total distance of 788.76 feet to a point in the center line of said said
highway,for the southwest corner of this tract;
Thence: North 20 degrees 39 minutes 00 seconds East, with the center line of said highway, a
distance of 299.69 feet to a point for the northwest corner of this tract;
Thence:North 88 degrees 49 minutes 15 seconds East, and passing at 73.70 feet a found 112 inch
rebar being the northwest corner of said Inara tract, and on the east line of said highway, and
continuing on said course with the north line of said Inara tract, a total distance of 330.62 feet to
a set 112 inch steel square tubing with a plastic cap marked Brennan 5560 for the most northerly
northeast corner of said Inara tract, said tubing being on the west line of a tract as described in
deed to Mark E. Roth and T. Shawn Hoelzel,filed 27 April 1995, and recorded in clerks number 95-
0028344 of said deed records;
Thence: South 02 degrees 14 minutes 04 seconds East, with the east line of said Inara tract, and
with the west line of said Roth tract, a distance of 99.46 feet to a set 112 inch steel square tubing with
a plastic cap marked Brennan 5560 for an ell corner of said Inara tract, same being the southwest
corner of said Roth tract;
Thence:South 87 degrees 25 minutes 00 seconds East, with the north line of said Inara tract, and
with the south line of said Roth tract, a distance of 345.84 feet to a set 60d nail for the northeast
corner of said Inara tract, said nail being in said county road 77;
Thence: South 01 degrees 05 minutes 53 seconds East, with the east line of said Inara tract, and
with said county road, a distance of 155.85 feet to the POINT OF BEGINNING and containing
3.801 acres of land.
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AFFIDAVIT OF PUBLICATION
STA I'h OF TEXAS
COUNTY OF DALLAS
Before me, a Notaty P u,hlic in and for Dallas Cou(,ily, this day personally appeased hi!
Rutledge, Telephone Sales Representative for she DALLAS MORNING NEWS bein -
duly sworn by oath, states the attached advertisement of:
TOWN OF PROSPER-Ordinances 04-87, 88, 89 &90
as published in THE COLLIN COUNTY MORNING NEWS on: SEPTEMBER 9 &
10, 2004
/(2.e.7.„
(Bill Rutledge)
Sworn to and subscribed before me this SEPTEMBER 10, 2004 A.D.
(L.
/ (Lisa BattenfielEi)
• TOWN OF
PROSPER, TEXAS
ORDINANCE NO.04-90
ANORINANC =
AMENDING PROSPER'S
ZONING ORDINANCE
NO. 84-16• REZONING A
• TRACT OF LAND CON-
• - SISTING OF 3.801
LESS,SITUATEDOIN
• • .. THE JOHN TUNNEY
SURVEY, ABSTRACT •
•
NO. 916 IN THE TOWN
• OF PROSPER, COLLIN
COUNTY TEXAS HERE-
TOFORE ZONED SIN-
GLE FAMILY-1 (SF-1)
AND IS HEREBY RE-
ZONEDII AND
PLACED
CLAS-
SIFICATIONS OF RE-
TAIL (R)(R) AND OFFICE
TORACTSTOBBE REE
ZONED• PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR RE-
AND SEVERABILITY
CLAUSES; PROVIDING
FOR AN EFFECTIVE
DATE
AND IPROV D-
ING FOR THE PUBLI-
TIOTNOHEREOF. CAP-