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10-025 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-025 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 0.736 ACRE, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 (701 EAST FIRST STREET), IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF DOWNTOWN OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING 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. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Brown & Griffin Real Estate Advisor, LP ("Applicant") to rezone 0.736 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147 (701 East First Street), in the Town of Prosper, Collin County, Texas; and WHEREAS, the Town Council 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 public hearings have 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: Findip=s Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. ' 2 SECTION 2: . ��icndittcr�ts po Zoning Ordinance No. 05- 0. Zoning Ordinance No. 05-20 is, amended as follows: The zoning designation of the property containing 0.736 acre of land, more or less, situated in the Collin County School Land Survey, Abstract No. 147 (701 East First Street), in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Downtown Office (DTO). The Property as a whole and for this zoning classification is more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One (1) copy shall be filed with the Building Inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. Written notice of any amendment to this District shall be sent to all owners of properties within the District as well as all properties within two hundred feet(200')of the District to be amended. SECTION 3 o 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. 1' T,I 1 Uilawlul 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 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: Pent_It, Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance 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. SEC,I1ON b: Sevcrabidil . 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 irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Sa'vinas/ enealing.Clat,ise. Prosper's Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. 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 appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 13"DAY OF APRIL, 2010. APPROVED AS TO ORM: ,—/- ... Ray Smith, aor I1ro- 0 0 0 0111,1 ATTESTED TO AND CORRECT', , RECORDED BY: 0dw 0 1 ITthew DIT Denton TRMC � Town Secretary 00 DATE OF PUBLICATION. a�/ "���� , Dallas Morning News Z10-0002: EXHIBIT u....._..u. �. W. .w ......Betty Gotcher Stewart Gina Gail William E.&Debra Bomar Carolyn A.&James E.Carmen Sr. Collin County Rutherford Collin County School Land#12 Eastern Heights School Land#12 Collin County Blk,7„Tr.32 Blk.1,Lot 4A,5B Existing Zoning., "�-" Existing Zoning. .r» Single Land Use. - --" Future sBirrkle Family-15 36 Blk,7 ITrag35#12 SingleFam O'15 -�. .'"' s r¢ie Zoning Family 15 g Land Use Future Land Use .Single Family-15 -mg a Family OTCD-Single Family OTCD-Single Family ,,.+ Future Land Use \ / OTCD-Single Family .... V ,_............. „..___. ._......................... .e ,...... ................... Terrance G.& / Sammy Joe Ramsey Jr. _,__,,,,,_..,,,, -------------- --------- Eastern Heights Jason Bate Linda G Quigley/ ell/& O Juretta Kennedy BIk..1 Lot 5A,6B Collin County � � School Land#12 s L Collin County School Land#12 Existing Zoning Single Family-15 ----_m. Blk,7 Tr,Land r1 Blk.7 Tr. OTCDFand 15 p School Land#12 N Existingsinslee BIk.7 Tr 38' Collin County fn Zonmg Land Use' Existing Zoning: Single Family-15 15 Single Family _________ . — Future Land Use. Future Land Use: Existing Zoning., "'""N OTCD-Single Family `. OTCD-Single Family Single Family 15 •� ........................................ .............................................................,,�... Future Land Use: � Family �- o'""' POB Jimmy Chas Spradley 1 SinglnFamI !: --- -- ....... Single Family 15 rc singe e Eastern Heights Ernest Mahard Daniel A.& a 960147'41"w Blk.1.Lot 6A Fufure Land Use: °14'T N OTCD-Single Family Collin County Carrie Gappinger aro .........._---t School Land#12 Collin County I Jim C.& Blk 7 Tr.40 School Land#12 —75' 3JE Holdings,Ltd" Clayton& Carol Spnadhey ----- - Blk 7 Tr.39 Collin CountyMegan Walvoord Brown&Griffin g Collin County o — School Land#12 Collin County �School Land#12 Existing Zoning Existing Zoning: Single Family 15 Fufure"Land Use: """""- Singla Family 15 ZV Real Estate BIk.,7,Tr,34 School Land#12 Bilk.7,Tr. 191 I ngZnmg: ,F,Fwq.x..an.r1._M'sGnMw•drd]b F�!StZfrAmduipeMglvfNJGyl�+lkrf'A FsOTCD-Ofice Future Land Use: Advisor, niBlk,7,Tc 24 oT e9le Family Collin County Single FamilY15 Existing Zoning.Fu( Land Use: single Fa5School Land#12 CD-Office Future Land Use: s! Usau 'nA�y ...m ............... _ I BIk,7 Tr,30 OTCD-Office N Existing Zoning: Mildred Juanice I Family-15 I Stanton EtAI Carrie l Gappinger F••u�e 1L1a'�Id"U,s,, Collin County Single mi # Collin Countyu u e L Use: I School Land#12 OTCD-Office I School Land#12 Requested I BIk 7,Tr.25 Tr. 177 q I Existing Zoning Single Fa.,.,. _.. .."....,.,_. Zoning: Single YrrmI 1^6 Blk.7,T Existing Zoning: °• I milt'15 Downtown IOTCD-Offi 1-CID-Office FWINo Lad Ns'e: Office I OTCD-Office L s2 I ------- t.. ........ ....--- .... ... ...... .... ....._ ------------ ......,l' .__...... .......__....,,',,. I770 I First St, (Variable Width ROO N _ 1' Rwr a 3 ku,rL f10r0ghf"ara1SCY, OW) .. .........-_ ........_ .. Gerald Gay Sean Stansell Mrs.R,H,Willis John Christie Metro Auto M David R Williams G&" _ _j 1 G&M Investments Potvin Etux \ Collin County Collin County Collin County Car,Inc. Collin County Investments The Village of Prosper Collin County School Land School Land#12 School Land Collin County School Land#12 The Village B I k A Lot 4 School Land y #12 Blk,7,Tr. 104 #12 School Land#12 Blk.7,Tr. 141 of Prosper Existing Zoning:_ Downtown Office ry.KdVd'Nd x'.orrdfc,p' g_._ ------ 7,Tr, 143 Single Zanrng .. Bilk,A,Lot 5 ,- Land .-----. #12 1S Blk,7,Tr.133 ExrsGng Zoning Future Land Use: Blk 7,Tr. 131 single Family 15 Bis Existing Zoning., 142 Bilk single Family 15 I$ Downtown Once Single Zoning �.a.n.�.......s Existing Zoning. OTCD O/fice le Family 15 Future Land Use: Downtown Office FutSinure a Land Use: Future Lanl1��1� OTCD Land Use: 9. La OTCD-Office ... Existing Zoning: S"ngia Fai"ti O . \ TCD-O/fice � ...... .... d Use: Fufure Land Use: Future Land Use: Future Land Use: OTCD-Office OTCD-O/Bce OTCD Office OTCD-Office / G&M Investments OTCD-Office The Village of Prosper / , Lot 3 �.,.,..„��•g o ...., „, ... Blk,A � /sting Zoning: ownfown Office \ Future Land Use: \ OTCD Office -- _--------- Owner Legend 701 E. First St. Brown&Griffin Real r i= Subject Property Collin County Estate Advisor, LP � ,y _ + I 1200'Buffer Po Box 129 School Land #12 Prosper,TX 75078 C .� �� "���q Property Lines Abstract 147, Blk. 7, Tr. 30 Notes 2'Contours Requested Zoning: No one hundred year Vicinity Map POB Point of Beginning Downtown Office y 1 in=1 mile floodplain exists on the property 0 30 so 120 Gross Acres: .0736 _ ... Prepared 02/17/10 ? Feet Net Acres 0538