10-060 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-060
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 3.24 ACRES, MORE OR
LESS, SITUATED IN THE W. LUMPKIN SURVEY, ABSTRACT NO. 730, IN
THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, HERETOFORE
ZONED AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF RETAIL (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 Redfish
Bluefish Partnership Fund ("Applicant") to rezone 3.24 acres of land, more or less, situated in the W.
Lumpkin Survey, Abstract No. 730, in the Town of Prosper, Denton 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. )'Jri�linInc�cr�rorecl. 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. 05-20, Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the property containing 3.24 acres of land, more or less,
situated in the W. Lumpkin Survey, Abstract No. 730, in the Town of Prosper, Denton County, Texas,
(the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned
as Retail (R). 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 No Vested Interest/ReP-gsml 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 Unlawful Usewwwof 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: 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.
SECTION G: Severbilit 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: 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 JULY, 2010.
APPROVED AS TO FORM:
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DATE OF P UBLICATION.A Dallas Morning News
EXHIBIT A
3.24 ACRE TRACT
DENTON COUNTY, TEXAS
BEING a tract of land located in the W. LUMPKIN SURVEY,ABSTRACT NO. 730,
Denton County, Texas and being all of a tract of land described in Deed to Red Fish
Blue Fish P/S Fund, Ltd., recorded in Document No. 2006-112136, Deed Records,
Denton County, Texas and being a portion of Farm-to-Market Road No. 1385 (F.M.
1385)and Fishtrap Road and being more particularly described as follows:
BEGINNING at the intersection of the approximate centerline of F.M. 1385 with the
approximate centerline of Fishtrap Road, said point being at the beginning of a curve to
the right having a central angle of 69 degrees 48 minutes 39 seconds, a radius of 319.65
feet and a chord bearing and distance of North 47 degrees 01 minutes 58 seconds East,
365.82 feet;
THENCE Northeasterly, along said centerline of F.M. 1385 and said curve to the right,
an arc distance of 389.47 feet to a point for corner at the beginning of a non-tangent
curve to the left having a central angle of 53 degrees 48 minutes 10 seconds, a radius of
319.71 feet and a chord bearing and distance of North 57 degrees 42 minutes 28
seconds East, 289.31 feet;
THENCE Northeasterly, continuing along said centerline and along said curve to the
left, an arc distance of 285.37 feet to a point for corner;
THENCE South 59 degrees 1 I minutes 37 seconds East, a distance of 40.00 feet to a
point in the East right-of-way line of said F.M. 1385 at the north corner of said Red
Fish tract;
THENCE South 03 degrees 50 minutes 14 seconds West, leaving said East right-of-way
line and along the East line of said Red Fish tract, a distance of 429.54 feet to a point in
said centerline of Fishtrap Road;
THENCE North 85 degrees 00 minutes 56 seconds West, along said centerline of
Fishtrap Road, a distance of 519.83 feet to the POINT OF BEGINNING and containing
3.24 acres of land,more or less.
NOTE:This description is not based upon an actual on the ground survey by the undersigned,it is for
zoning purposes and derived from the existing boundary survey performed by Jerald D.Yensen,R.P.L.S.
No.4561,Dated July 13,2005.
OF
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