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17-85 O - Rezone 50.9 acres, Prosper Business Park, Z17-0017TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-85 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 05-78, BY REZONING A TRACT OF LAND CONSISTING OF 50.9 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NUMBER 12, ABSTRACT NO. 147 IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT -26 (PD -26-0/1) TO PLANNED DEVELOPMENT -26 (PD -26-0/1)); 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 the Town's Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from Crossland Texas Industrial, LLC ("Applicant"), to rezone 50.9 acres of land, more or less, situated in the Collin County School Land Survey Number 12, Abstract No. 147, 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, THAT: SECTION 1 Findinas Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendments to the Town's Zoninq Ordinance No. 05-20 and Ordinance No. 05-78. The Town's Zoning Ordinance, adopted by Ordinance No. 05-20 and Ordinance No. 05-78 are amended as follows: The zoning designation of the below -described property containing 50.9 acres of land, more or less, situated in the Collin County School Land Survey Number 12, Abstract No. 147 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 Planned Development-26-Office/Industrial (PD -26-0/1). The property as a whole is more particularly described in Exhibit A-1 and 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 the planned development standards, attached hereto as Exhibit C, 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. 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 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. Any person, firm, corporation or business entity violating this Ordinance 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 expressly provided that any and all remaining portions of this Ordinance shall remain in full force Ordinance No. 17-85, Page 2 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 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 TOWN OF PROSPER IP'a' THIS 28TH DAY OF NOVEMBER, 2017. .' dF P� o-,04Ff 0 •• r" • • r _ Ray Smith Mayor ATTEST: = a ftl •�a APPROVED AS TO FORM AND LEGALITY: ic j- ej- Terrence S. Welch, Town Attorney Ordinance No. 17-85, Page 3 OF THE 1021V SS ACRES rAMB CHOOL SUI JMBER 147 t LOF sasAtXM tJNTint CCWlsmaRVAMAidlVOOMOD= MGffET IaLllwt�(FP.B ATIV OFFN LMAT..aII SET ATTNOPOFFeWLMT. ttl tao wangcan,w rutRlE ppaveny D 71.07 ACM COMMENCING aM4G a bud etparal dhtd Alatdad 4 dw CdW Caary %dwd SwM. -PLACE OF BEGINNING lip ZONING I:7CI•ilBfr `A COOK ADDITION ZONING ZO5-12 COWN COUNTY SCHOOL SURVEY ABSTARCT NUMBER 147 TOWN OF PROSPER CO111N COUNTY. TEXAS DQMNG ZONING - SF -15 PROPOSM ZONING s PC -OFFICE °' a allwaamm Abdrod ikaTbw M7. CRY d Pn"pa . CnA'n Ca ".Tva.L Sw*bokq o .n.m. LAND ;TDmfli4Marc •. P Fdm d9eN wrtan oats efaaokad bTalAln Propmllar. Tnama. br t>abvtt.d - I `� �� d tempt K VpkxM 4449. Pop 46. DOW Pgaw r. CDft County. Teat h UM t a orpomd hdtgaoae pw*a"V dtmr bW byr1R'C¢tand bmm& a ktl wm eADVISORS, COMP&? CW6 at a Raftoid SPka ku d at the kiraftn d tha a nba the of PC�ITYOFPROSPPERI,T Cavity PAW ft 4 and th Wo tWIttiv"koa of ft 9.N.S.F. 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ZONING I:7CI•ilBfr `A COOK ADDITION ZONING ZO5-12 COWN COUNTY SCHOOL SURVEY ABSTARCT NUMBER 147 TOWN OF PROSPER CO111N COUNTY. TEXAS DQMNG ZONING - SF -15 PROPOSM ZONING s PC -OFFICE °' a allwaamm I O .n.m. LAND ;TDmfli4Marc u ..n..t ZONING CASE AZ0512 eADVISORS, ZONING I:7CI•ilBfr `A COOK ADDITION ZONING ZO5-12 COWN COUNTY SCHOOL SURVEY ABSTARCT NUMBER 147 TOWN OF PROSPER CO111N COUNTY. TEXAS DQMNG ZONING - SF -15 PROPOSM ZONING s PC -OFFICE °' a allwaamm . .n.m. LAND ;TDmfli4Marc � ..n..t ZONING CASE AZ0512 eADVISORS, PC�ITYOFPROSPPERI,T t F tossrr+vac ...., ! r taolc ✓,1 `".,,,. i.... Ordinance No. 17-85, Page 4 i I jell i A B }"k. t Ip (y 1 a � m 1 a a {}�R!'3 5irt �I@k• �! t ! i t !R� �1Ra ��$�' ,}ilt: � Ra I I!� 1 Intl �� 11 r f i li Ilf �� tl Fs�im I1�I r r! s I = yilt= }m}f= iffilr! IM i lijfl! Iiiii, Iff 1 ! 1i ff�; i f }€ if �I iit Idi lid, it iJill i�� mK.nwrm\ergs aoo\.4rrtsla>a.+e\w,p e\su3+Y3s-mSY\1 ¢ � r f� W �7y 9.- i a�1 �:wg w . I f I ei. I �i X14 4F £ F Ordinance No. 17-85, Page 5 F ti r eat W NSC N a ] H =w La jz 7 OMOF-um 000 y 0 Z z > J Z 0 0 Q J Y U U � Z C zY 00� w LL, � DaSZ� 67f Nz aQ� 4 U C 4 N 'd UU U #I ,I algl� <;� §F 11 i � .r � �a JRA• � �� % 9 �7y 9.- i a�1 �:wg w . I f I ei. I �i X14 4F £ F Ordinance No. 17-85, Page 5 F ti r eat W NSC N a ] H =w La jz 7 OMOF-um 000 y 0 Z z > J Z 0 0 Q J Y U U � Z C zY 00� w LL, � DaSZ� 67f Nz aQ� 4 U C 4 N 'd UU U #I ,I algl� <;� §F 11 i Town of Prosper Planned Development Office Exhibit "B" The purpose for this Planned Development district is to provide the flexibility of an integrated development area that will include assembly, retail, office, commercial, manufacturing, medical office, uses that serve the regional area. The focus of the Planned Development is to provide an integrated development between the Dallas North Tollroad (DNT) corridor and the Burlington -Santa Fe Rail Road corridor supporting the vitality of the Town of Prosper, this mixture of office and industrial uses is not necessarily appropriate for other locations and other corridors with in the Town. The intent of such areas is to maximize the regional resources provided by the two transportation facilities benefiting the Town by providing and area for both office and commercial uses with on site assembly and distribution of finished products. Such uses do require accessibility to major highways, rail lines or other means of transportation. Ordinance No. 17-85, Page 6 EXHIBIT C PLANNED DEVELOPMENT OFFICE & INDUSTRIAL GENERAL PURPOSE AND DESCRIPTION: This tract shall develop under the requirements of the Office District as contained in Zoning Ordinance No. 05-20 as it exists or may be amended, subject to the following alterations. Where there is a conflict between Zoning Ordinance No. 05-20 and this Planned Development District, the regulations of this Planned Development District shall apply. Location: Southwest quadrant of Prosper Trail and the Burlington Santa Fe Railroad. Acreage: 71.5± acres. Regulations A. Size of Yards: 1. Minimum Front Yard: Fifty (50) feet; Thirty (30) Feet where parking is eliminated between the building and tile public right-of-way. 2. Minimum Side Yard: a. Thirty (30) feet adjacent to a nonresidential district. b. Sixty (60) feet adjacent to a residential district. c. Fifty (50) feet adjacent to a street. d. None where buildings are constructed with appropriate fire ratings to provide for contiguous / adjoined buildings. 3. Minimum Rear Yard: a. Twelve (12) feet adjacent to a nonresidential district. (Fire Lane 24 feet) b. Fifty (50) feet adjacent to a residential district. c. None where adjacent to rail road track. 4. Additional Setback - For structures requiring railroad access, setback requirements from the centerline of the railroad right-of-way shall be in accordance with applicable State law. B. Size of Lots: 1. Minimum Size of Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width: Forty-five (45) feet where intersecting public right of way. 3. Minimum Lot Depth: One hundred (100) feet. C. Maximum Height: Eight (8) stories, not greater than one hundred ten (110) feet. Unless separated by rail road from residential, where buildings or structures exceed forty (40) feet in height, such buildings or structures shall not be located closer to any residential district boundary line than a distance equal to the sum of the required side or rear yard specified plus twice the height of the building above forty (40) feet. Applicable state laws will be the governing regulations possibly allowing taller buildings near the boundary of the property. D. Maximum Lot Coverage: Seventy-five (75) percent of gross acreage. Ordinance No. 17-85, Page 7 E. Floor Area Ratio: Maximum 2:1 SPECIAL RESTRICTION: A. Compliance with State and Federal Law: No uses shall be allowed which are prohibited by State law or which operate in excess of State or Federal environment or pollution standards as determined by the U.S. Environmental Protection Agency, Texas Air Control Board, Texas State Department of Health, or the Texas Water Commission, as the case. B. High Ceiling Construction: The first floors of any office building can include two consecutive stories with floor heights (area between finished floors) of up to 18 feet. Atriums and other high ceiling formats will be allowed according to the applicable building codes. Light industrial, manufacturing and assembly buildings can incorporate interior ceiling heights and mezzanines necessary to accommodate equipment, office and high -rack storage necessary for interior operations. C. Open Storage: Not more than eighty (80) percent ofthe gross acreage of the lot or tract may be used for the open storage of products, materials, or equipment, all of which shall be screened with a solid living screen from adjoining properties or public streets. 1. Open storage adjacent to Rail Road tracks adjacent to eastern boundary of zoning district shall incorporate living screen elements to screen eastern side of rail road tracks to the extent the operator of the railroad does not consider such screening a safety risk. The intention of this requirement is to provide a visual buffer while still allowing full and safe railaccess. D. Delivery and dock doors visible from public streets shall be recessed thirty (30) feet beyond the Front of the building or screened (per zoning ordinance) from view of Prosper Trail. Dock high doors will be screened (per zoning ordinance) from view from public street within 300 feet of the center line of Prosper Trail. E. Trash containers shall be screened from view of public streets per zoning ordinance. F. Minimum of 100% masonry construction will be on utilized on walls facing public street or adjacent residential zoning or area designation district. Residential separation requirements are exempt from properties that have been annexed in to the City and have not been rezoned from the residential designation automatically received upon completion of annexation process. G. Buildings or portions of buildings within three hundred fifty (350) feet of center line of Prosper Trail at the northern edge of the zoning district will be 100% masonry construction. H. Visual Esthetics: 1. A five (5) foot meandering sidewalk will be constructed along all pubic streets as the adjacent properties are developed. 2. Undulating topography is encouraged along pubic street frontage to assist with screening andaesthetics. 3. A solid living screen is encouraged for all required screening within the zoning district. Ordinance No. 17-85, Page 8 I. Access: 1. Cross access will not be required where properties are located on undivided thoroughfares or pubic streets. 2. Curb return radius of drive -way will be a minimum of forty (40)' radius to accommodate semi -truck traffic on drives accessing delivery and dock areas. 3. Gates across Fire Lanes are permitted with approval of Fire Department with Opticom and Knox BOX. 4. Divided entry drives extending to intersecting driveways will be allowed as two point of access for Fire Protection calculations allowing for gated secure facilities. 5. Multi-level parking structures adjoining main buildings will provide fourteen (14) clear heights allowing first level access for Fire Protection. J. High Risk orHazardous Uses: 1. The uses listed beloware permitted in this Planned Development District, provided that such uses shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries ofthe property on which such use is located and provided that such use does not create fire hazards on surrounding property. 2. A "high risk or hazardous industrial use" is permitted by specific use permit only. In this section, "high risk or hazardous industrial use" means any use whose operation, in the opinion of the Fire Chief, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of. K. Hours of Operation: Multi -shift operations allowed. L. List of Permitted Uses: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. See Zoning Ordinance No. 05- 20, Chapter 3, Section 1 for the conditional development standards. • Accessory Building • Administrative, Medical, or Professional Office • Airport/Heliport S • Antenna and/or Antenna Support Structure, Commercial C • Antenna and/or Antenna Support Structure, Non -Commercial C • Assisted Care or Living Facility • Athletic Stadium or Field, Public • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Automobile Repair, Major -Outdoor storage of vehicles shall be screenedfrom view of public street. • Automobile Repair, Minor • Automobile Sales, Used • Automobile Sales/Leasing, New • Automobile Storage • Bank, Savings and Loan, or Credit Union • Beer & Wine Package Sales C Ordinance No. 17-85, Page 9 • Bus Terminal C • Business Service • Car Wash • Caretaker's/Guard's Residence • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Commercial Amusement, Outdoor S • Community Center • Dry Cleaning, Major(Including Plant) • Dry Cleaning, Minor • Fairgrounds/Exhibition Area S • Farm, Ranch, Stable, Garden, Orchard, orNursery • Feed Store • Furniture Restoration -Indoor Only • Golf Course and/or Country Club • Governmental Office • Gunsmith • Gymnastics/Dance Studio -Permitted in Prosper Business Park, shown on Exhibit A-1 • Health/Fitness Center • Helistop S • House of Worship • Household Appliance Service and Repair • Indoor Gun Range • Insurance Office • Landfill S • Locksmith/Security SystemCompany • Mini-Warehouse/Public Storage S • Mortuary/Funeral Parlor • Motorcycle Sales/Service • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Office and Storage Area for Public/Private Utility • Office/Showroom • Open Storage - Open Storage must be screened from view of a public street • Park orPlayground • Print Shop, Major • Print Shop, Minor • Private Recreation Center • Private Utility, Other Than Listed • Recycling Collection Point • Rehabilitation Care Institution S • Research and Development Center C • Restaurants or Cafeteria • Retail/Service Incidental Use • School District Bus Yard C • Small Engine Repair Shop • Stable, Commercial 0 Ordinance No. 17-85, Page 10 • Stealth Antenna, Commercial C • Taxidermist • Telephone Exchange • Temporary Building C • Theater, Drive In S • Theater, Regional • Transit Center • Utility Distribution/Transmission Facility S • Veterinarian Clinic and/or Kennel, Indoor • Veterinarian Clinic and/or Kennel, Outdoor • Winery Additional Permitted Uses These uses are permitted within the Planned Development District provided an additional set back of three hundred fifty (350) foot from the center line of Prosper Trail. • Bottling Works • Building Material and Hardware Sales, Major • Building Material and Hardware Sales, Minor • Cabinet/Upholstery Shop • Car Wash, Self -Serve • Contractor's Shop and/or Storage Yard • Concrete/Asphalt Batching Plant, Permanent S • Distribution Center • Electric Power Generating Plant S • Equipment and Machinery Sales and Rental, Major- Indoor or screened from public street • General Manufacturing/Industrial Use Complying with Performance Standards • Limited Assembly and Manufacturing Use Complying with Performance Standards • Machine Shop - Indoor only • Miscellaneous Hazardous Industrial Uses S • Office/Warehouse/Distribution Center • Recreational Vehicle Sales and Service, New/Used - Outdoor Storage must be screened from view of apublic street • Recreational Vehicle/Truck Parking Lot or Garage - Outdoor Storage must be screened from view ofa public street • Recycling Center • Storage or Wholesale Warehouse • Trailer Rental • Truck Sales, Heavy Trucks • Truck/Bus Repair • Truck Terminal 5 Ordinance No. 17-85, Page 11 Town of Prosper Planned Development Office 1.M.111piwel i The development of the Planned Development is anticipated to be a multi -phased development including the first phase of construction to be in conjunction with a rail spur for access to the Burlington Northern 1 Santa Fe Rail Road adjacent to the eastern boundary for the zoning district. The additional extension of water, sewer and roadways will play a roll in the development of the area within the district. It is anticipated that the first phase of development will occur in 2006 with subsequent phases over the next 10 years for completion with in 15 years. Ordinance No. 17-85, Page 12