10-033 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-033
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 1.08 ACRES, MORE OR
LESS, SITUATED IN THE JOHN TUNNEY SURVEY, ABSTRACT NO. 916, IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, SAID TRACT BEING
ALL OF PRESTON 48 ADDITION, BLOCK A, LOT 5, HERETOFORE ZONED
COMMERCIAL (C) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT-RETAIL (PD-R);
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 Integrity Car
Care ("Applicant") to rezone 1.08 acres of land, more or less, situated in the John Tunney Survey,
Abstract No. 916, in the Town of Prosper, Collin County, Texas, said tract being all of Preston 48
Addition, Block A,Lot 5; 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: Findin "s.j,ticor p��t ate . The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Amendinetitswto_..l�nhig Ordinance,No. 05-20,, Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below-described property containing 1.08 acres of
land, more or less, situated in the John Tunney Survey, Abstract No. 916, in the Town of Prosper, Collin
County, Texas, said tract being all of Preston 48 Addition, Block A, Lot 5, (the "Property") and all
streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned
Development-Retail (PD-R). The property as a whole and the boundaries for each zoning classification
are more particularly described in Exhibit"A" attached hereto and incorporated herein for all purposes as
if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned Development District
shall conform to, and comply with 1)the statement of intent and purpose, attached hereto as Exhibit`B";
2) the planned development standards, attached hereto as Exhibit "C"; 3) the concept plan, attached
hereto as Exhibit "D"; and 4) the development schedule, attached hereto as Exhibit "E"; which are
incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the
development of the Property within this Planned Development District must comply with the
requirements of all ordinances, rules, and regulations 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 Official 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 Planned Development District shall be sent to all
property owners within two hundred feet(200')of the specific area to be amended.
SwECTION 3: No Vested hit r st/Rep al, 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.
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SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation
ITIT�
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: Penally.,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
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
S1smC 1 I Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 7: as nrgsfRel)ealia g Clause, Prosper's Zoning Ordinance No. 05-20 shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal
prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION..._$. Effective Date. This Ordinance shall become effective from and after its adoption
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and publications as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 11TH DAY OF MAY, 2010.
APPROVED AS TO FIR .:
Ray Smit.. �.... ...�hMayor
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PROPERTYDESMPTION
All that certain tractor parcel of land situated in the John Tunney Survey,Abstract Number 916,
Town of Prosper, County of Collin, State of Texas, said tract being all of Lot 5, Block A,Preston
48 Addition, an addition to the Town of Prosper, County of Collin, as evindenced by the Plat
recorded thereof in Cabinet P, Page 769 of the Plat Records of the County of Collin, State of Texas
and referenced in Deed to Wells Fargo Bank National Association from Stephen P. Perkins and
Charles W. Sackley,filed 2 June 2009, and recorded under County Clerk's File Number
2009-0708000852400 of the Deed Records of the County of Collin, State of Texas.
The undersigned does hereby state to Corey Christensen that a survey was made on the ground!
dated 22 December 2009, on the property legally described hereon or in attached field notes and is
correct; except as shown on the plat hereon, there are no visible discrepancies, conflicts, shortages
in area, boundary line conflicts, overlapping of improvements, easements or right-of-ways, or of
which I have been informed,- that the quantity of land therein has been accurately calculated, that
said property has access to and from a public roadway;and, that the plat hereon is a true, correct
and accurate representation of the property described hereinabove.
This Plat and Description was prepared for the exclusive use of the person or persons named in the
above statements. Said statement does not extend to any unnamed person without an express
restating by the surveyor naming said person, This survey was prepared for the transaction as
dated hereon, this Plat or Map is the Property of Corey Christensen and Cox Land Surveying
Corp., and ISNOT to be used in any other Transactions, and the COPYRIGHTSARE RESERVED.
07 January 2010
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17
ox, Texas Professional Registered
1j, �k �� 7 J' �� [I ' Surveyor Number 4577
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EXHIBIT "B"
STATEMENT OF INTENT & PURPOSE
INTEGRITY CAR CARE
Prosper, Texas
Intent:
It is our intent to develop this property into a retail business. It is our request that the
current Commercial zoning be allowed to be changed to Planned Development-Retail
zoning. Changing to a Retail base zoning will protect surrounding residential
neighborhoods by the nature of the guidelines for Retail zoning. Our plans include
landscaping a "green screen", providing a natural wall on the west property line of our
building site. We wish to ensure that no bay doors will face residential areas.
Purpose
The services provided by Integrity Car Care include: Tire and wheels (sales and
service), oil and preventative maintenance, diagnostic and light repairs.
The purpose of this development is to provide a business much needed in the Prosper
area. To accomplish this, our building plan is designed to enhance the surrounding
neighborhood.
This new business will also add to and maintain support and activity of the current and
future development of economic growth for Prosper.
EXHIBIT "C"
PLANNED DEVELOPMENT STANDARDS
INTEGRITY CAR CARE
Prosper, Texas
This tract may be developed under the regulations of"Retail" as outlined in the Town of
Prosper's Comprehensive Zoning Ordinance No. 05-20 as it currently exists or may be
amended with the following conditions:
1.01 All buildings and structures in conjunction with a minor automobile repair
use are permitted within 200 feet of a residential zoning district. Daily
operation of a minor automobile use shall begin no earlier than 7 a.m. and
cease no later than 7 p.m.
1.02 No service bay shall directly face a residential zoning district.
1.03 A solid evergreen living screen shall be planted along the western
property line as shown on Exhibit D. The solid evergreen living screen
shall contain a minimum of four inch (4") caliper evergreen trees on thirty
(30) foot centers with a continuous row of minimum seven (7) gallon
evergreen shrubs at the time of planting.
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EXHIBIT "E"
DEVELOPMENT SCHEDULE
INTEGRITY CAR CARE
Prosper, Texas
Following Town Approval and receipt of Building Permit, it is estimated that the
development of Integrity Car Care would Pe complete within delve months or less.
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