04-114 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-114
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16; REZONING A
TRACT OF LAND CONSISTING OF 0.307 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 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 George Boyce
("Applicant") to rezone 0.307 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 0.307 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 Office(0).
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($2,000.00).
Each continuing day's violation shall constitute a separate offense. The penal provisions imposed shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to
local,state, and federal law.
SECTION 6: Savinqs/Repealinq Clause. All provisions of any ordinance in conflict with this ordinance are
hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions shall remain in full force and effect.
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or phrase thereof regardless of the fact that any one or
more sections, subsections, sentences,clauses, and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on
this 21st day of December, 2004.
APPROV RM:
Charles swanger, M r
ATTESTED TO AND
CerECTLY RECORDED BY:
i.i
Shanae Jen ' , Town Secre
DATE OF PUBLICATION:/11$d7 V/511/7 Dallas Morning News—Collin County Addition
* * Zoning Exhibit * *
All that certain tract or parcel of land situated in Lot 29 of subdivision No. 12 of the Collin County
School Land, City of Prosper, County of Collin, State of Texas, said tract being all of a tract as
described in deed to George Boyce,filed 11 October 2004, and recorded in volume 5771 page 3873
of the deed records of the County of Collin, State of Texas, and said tract being part of lot 11 and
all of lot 12 of Block 3, of Bryant's Addition,filed 12 February 1903, and recorded in volume 116
page 162 of said deed records, said tract also being part of West Broadway, and part of South Main
Street, and part of an alley running east and west through said Block 3, and being more fully
described as follows:
Beginning for the northeast corner of the tract being described herein at the intersection of the
center line of said West Broadway and the center line of said South Main Street;
Thence:SOUTH, with the center of said South Main Street, a distance of 200.00 feet to a point for
the southeast corner of this tract said point being the intersection of the center line of said South
Main Street and the center line of said alley;
Thence:South 89 degrees 57 minutes 08 seconds West, with the center line of said alley, a distance
of 66.85 feet to a point for the southwest corner of this tract;
Thence: NORTH, and passing at 10.00 feet a found 112 inch steel square tubing with plastic cap
marked Brennan 5560 being the southwest corner of said Boyce tract, same being the southeast
corner of Tract 1 as described in deed to David Randall Whetsel,filed 24 April 1997, and recorded
in Clerks number 97-0034114 of said deed records, and continuing on said course with the west line
of said Boyce tract, and passing at 87.71 feet the southwest corner of a brick building and
continuing on said course with the center of a wall, and passing at 150.00 feet the northwest corner
of said building, being the northwest corner of said Boyce tract, same being the northeast corner
of said Tract I, and continuing on said course, a total distance of 200.00 feet to a point for the
northwest corner of this tract, said point being in the center of said West Broadway;
Thence: North 89 degrees 57 minutes 08 seconds East, with the center of said West Broadway, a
distance of 66.85 feet to the POINT OF BEGINNING and containing 0.307 acres of land
08 November 2004
P.E.®r'r'e'��4
K\r Eric Brennan, Texas Registered
ERIC BRENNAN g
4`'•N 5560 Professional Land Surveyor
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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:
C Lepl NM*
TOWN OF PROSPER,
TEXASORDINANCE December 25,2004
NO.04.114 December 27, 2004
AN ORDINANCE
AMENDING PROSPER'S
ZONING ORDINANCE
NO. 16; REZONING A
TRACT OF LAND CON-
SISTING OF 0.307
ACRES, MORE OR
LESSL SITUATED IN
THE COLLIN COUNTY
SCHOOL LAND SUR-
VEY, ABSTRACT NO.
N THE TOWN OF
PROSPER, SIN ��
COUNTY,TEXAS HERE-
TOFORE ZONED SIN-
GLE FAMILY-1 (SF-I)
AND IS HEREBY RE-
ZONEDI E ZONIN PLACEDA (Lynda Black)
SIFICATION OF OFFIC
(0); DESCRIBING THE
TRACT TO BE RE-
ZONED; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR RE-
PEALING, SAVINGS
AND SEVERABILITY
CLAUSES; PROVIDING
FOR AN EFFECTIVE
SWOT OF
IS OR I- i before me this December 27, 2004, A.D
ING FOR THE PUBLI-
CATION OF THE CAP-
TION HEREOF.
(Lisa Battenfi d)