15-40 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-40
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE AND
SPECIFIC USE PERMIT ORDINANCE 14-36; AMENDING SPECIFIC USE
PERMIT -8 (SUP -8) TO ALLOW FOR A CHILD DAY CARE CENTER,
LOCATED ON A TRACT OF LAND CONSISTING OF 2.04 ACRES, MORE OR
LESS, SITUATED IN THE H. JAMISON SURVEY, ABSTRACT NO. 480, IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; 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 and Specific Use Permit Ordinance No. 14-
36 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Rogy's
Learning Place ("Applicant") to amend Specific Use Permit -8 (SUP -8) to allow for a Child Day
Care Center on a tract of land zoned Office (0), consisting of 2.04 acres of land, more or less,
situated in the H. Jamison Survey, Abstract No. 480, in the Town of Prosper, Collin County,
Texas, and being particularly being described in Exhibit "A," attached hereto and incorporated
herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been
given in the manner and form set forth by law, public hearings have been held, and all other
requirements of notice and completion of such 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
Specific Use Permit Granted. The Town's Zoning Ordinance and Specific Use Permit
Ordinance No. 14-36 is amended as follows: Specific Use Permit -8 (SUP -8) is amended to
allow the operation of a Child Day Care Center, on a tract of land zoned Office (0), consisting of
2.04 acres of land, more or less, situated in H. Jamison Survey, Abstract No. 480, in the Town
of Prosper, Collin County, Texas, and being particularly being described in Exhibit "A," attached
hereto and incorporated herein for all purposes as if set forth verbatim.
The property shall continue to be used in a manner consistent with the conditions
expressly stated in the site plan attached hereto as Exhibit "B," landscape plan attached hereto
as Exhibit "C," and fapade plan attached hereto as Exhibit "D," which is incorporated herein for
all purposes as if set forth verbatim.
Except as amended by this Ordinance, the development of the Property within this
Specific Use Permit (SUP) 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.
Two (2) 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.
SECTION 3
No Vested Interest/Repeat. 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
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
Penaltv. 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 6
Severabilitv. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
Ordinance No. 15-40, Page 2
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
Savings/Repealing 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 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14th DAY OF JULY, 2015.
Town Secretary
APPROVED AS TO FORM AND LEGALITY:
t- )U 0-j""
Terrence S. Welch, Town Attorney
Ray Smith, 'ayor
Ordinance No. 15-40, Page 3
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