11-007 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-007
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 11.222 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 147, 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 PLANNED
DEVELOPMENT -COMMERCIAL CORRIDOR (PD -CC); 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 555 Partners
Ltd. ("Applicant") to rezone 11.222 acres of land, more or less, situated in the Collin County School Land
Survey, 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:
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: Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below -described property containing 11.222 acres of
land, more or less, situated in the Collin County School Land Survey, 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 -Commercial Corridor (PD -CC). 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"; 4) the development schedule, attached hereto as Exhibit "E"; and 5) the conceptual
fagade rendering, attached hereto as Exhibit "17", 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.
SECTION 3: No Vested hiterestlR_epeal. 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 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: 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: 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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 251h DAY OF JANUARY, 2011.
APPROVED AS TO FORM:
Ray Smit , Mayor
ATTESTED TO AND
CORRECTLY CORDED BY:
Matthew D. Denton, TRMC
Town Secretary
DATE OF PUBLICATION. _ 0 � _OS 120 1 � , Dallas Morning News
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EXHIBIT "A"
DESCRIPTION 11.222 Acres of Land
SITUATED in the Town of Prosper, Texas, in the Collin County School Land Survey,
Abstract No. 147, being a resurvey of the 11.23 acres of land described in a deed from Bruce Miller
Nursery, Inc. to 555 Partners, LTD. dated August 18th, 2010, recorded in Document No.
20100823000879160 of the Official Public Records of Collin County Texas, including the south half
of the right of way of Prosper Trail, being described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron pin set at the southwest corner of said 11.23 acre tract, in
the north line of the Centex Homes 50.8646 acres, ref. doc. no. 20060126000108670 and at the
southeast corner of the Prosper Industrial 102 Joint Venture 20.4974 acres, ref. Vol. 5593, Pg. 2451;
Thence north 11034'12"east, 1249.84 feet with the west line of said 11.23 acre tract, the east
line of said 20.4974 acre tract and into the right of way of Prosper Trail to a point in the center of
said Prosper Trail;
Thence north 89028'12"east, 400.0 feet with the center of Prosper Trail to a point in the
center of said Prosper Trail;
Thence south 11034'12"west, 1249.84 feet through said right of way, with the east line of
said 11.23 acre tract and the west line of the Pro -Build Real Estate Holdings, LLC 19.648 acres, Ref.
Doc. No. 20060804001112910 to a 1/2 inch iron pin set at the southeast corner of said 11.23 acre
tract, at the southwest corner of said 19.648 acre tract and in the north line of said 50.8646 acre
tract;
Thence south 89028'12"west, 400.0 feet with the south line of said 11.23 acre tract and the
north line of said 50.8646 acre tract to the PLACE OF BEGINNING and containing 11.222 acres
of land.
U. M. ee,Zlegistgeired Professional Land
Tx. Reg. No. 3258
1514 North McDonald Street
McKinney, Texas 75071
Phone: 972-562-3959
www.geersurveyi.ngandengineering.com
email: gmgeer1@sbcglobal.net
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EXHIBIT "B"
555 W. Prosper Trail
Bruce Birdsong, Owner/Representative
PLM PROSPER
PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT AND PURPOSE
PLM Prosper intends to develop this site to suit the business, which consists of residential and
commercial landscaping and irrigation installation and maintenance, wholesale tree and shrub
sales, tree and shrub grower. And to put forth a site that will enhance the Town of Prosper. The
emphasis will be on securing the site and providing a visually pleasant appearance by use of
landscaping and architectural features on the buildings and fencing. This will be accomplished
beginning with the refacing of the existing building with stone and the construction of the new
building with the fagade being matching stone. The installation of the architectural metal fencing
along the front on the east and west side of the buildings, covered storage and landscaping for
this phase of the development. The west line architectural metal fencing, covered storage and
landscaping for the first part of the project will also be installed. The east line landscaping along
the ProBuild chainlink fence will be installed and be comprised of Knockout Roses for the front
section (north) and behind the front line of the buildings to the south utilizing Abuelia Grandiflora
and Ilex Burford and continue to expand with growth of the business.
As the business grows, the additional architectural metal fencing and covered storage along the
west line will be built along with the screening landscaping consisting of small ornamental trees
and shrubs as shown on the plan.
The proposed future parking lots on the east and west of the existing parking lot will be completed
as the need arises beginning with a parking row adjoining the drives as shown on the plan and
then expanding to the whole build out as shown on the plan along with accompanying
landscaping as called out on the plan.
The Phase I of the site's initial improvements will develop according to this Zoning Exhibit D/site
plan submitted. All landscaping, open spaces, buildings -existing and proposed, concrete parking -
existing and proposed, open storage, landscape buffers, gravel drives and pond are shown on
this zoning exhibit. All landscape buffers and setbacks are shown.
All open storage, graveled areas will be well screened from view both from the right of way of
Prosper Trail and any neighboring properties using a combination of Architectural Metal Fencing
and landscaping.
Since our business is Landscaping, we intend to outshine our neighbors in that respect and be an
asset to the Town of Prosper, our chosen New Hometown.
Sincerely,
Bruce Birdsong
Owner
\\PROSPER-DS02\Dev_Services_Files\Planning\Case File Folders\2010\Zoning & SUP Cases\Z10-0020 PLM Prosper (455
W Prosper Trail)\Final Exhibits\ZONING EXHIBIT B Birdsong 11-11-2010.doc
EXHIBIT "C"
PLM PROSPER
PD -COMMERCIAL CORRIDOR DISTRICT
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as otherwise set forth in these
Development Standards, the regulations of the Town's Zoning Ordinance (No. 05-20 as it currently exists or may be
amended) and the Town's Subdivision Ordinance (No. 03-05 as it exists or may be amended) shall apply to the
property.
1. Commercial Corridor District - PLM Prosper:
1.1 GENERAL PURPOSE AND DESCRIPTION:
The Commercial Corridor District is intended primarily for employment center uses such as light manufacturing,
warehousing, wholesaling, office, and distribution operations that do not depend upon frequent customer or
client visits, as well as service uses necessary to support such employment center uses. This tract shall be
developed in accordance with the Commercial Corridor District Regulations as it exists or may be amended,
except as otherwise set forth in these development standards.
1.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard: Thirty (30) feet.
2. Minimum Side Yard:
a. Five (5) feet for open storage/covered storage areas.
b. Twenty-five (25) feet for buildings. The minimum side yard setback may be eliminated for
attached buildings on separate lots as shown on an approved site plan.
3. Minimum Rear Yard:
a. Five (5) feet for open storage/covered storage areas.
b. Twenty-five (25) feet for buildings. The minimum side yard setback may be eliminated for
attached buildings on separate lots as shown on an approved site plan.
B. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
3. Minimum Lot Depth: One hundred (100) feet.
B. Maximum Height for Buildings: Two (2) stories, not greater than 40 feet.
C. Maximum Height for outdoor open storage: Eight (8) feet.
D. Lot Coverage: Sixty (60) percent.
E. Floor Area Ratio: Maximum 1:1
1.3 PERMITTED USES:
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.
1/20/2011
-1-
B. Open Storage: Not more than sixty-five (65) percent of the lot or tract may be used for the open storage of
products such as fertilizer and bagged products, materials such as but not limited to, mulch, limited
amounts of landscape stone, masonry mortar, trees, shrubs, annuals or fencing, or equipment such as lawn
equipment or materials trailers, all of which shall be screened from adjoining properties or streets. The
screening will consist of eight (8) feet tall Architectural Metal Fencing with small trees and shrubs along the
outside on the west property line and north of the east -west eight (8) feet tall Architectural Metal Fencing as
shown on Exhibit D. The east property line screening will consist of shrubs as shown on Exhibit D. South
line screening will not be installed during this initial phase of development. The south property line
screening landscaping and eight (8) feet tall Architectural Metal Fencing will be installed as the need to
make use of the open storage area reaches southerly to approximately 200 feet north of the south property
line, about inline with the south end of the existing pond. All open storage will be south of the north, east -
west, eight (8) feet tall Architectural Metal Fence as shown on Exhibit D.
C. High Risk or Hazardous Uses:
1. The uses listed in 1.3(D) below are permitted in the Commercial Corridor District, provided that such
uses shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric
influence beyond the boundaries of the property on which such use is located and which produces no
noise exceeding the average intensity of noise of street traffic at that point and provided that such use
does not create fire hazards on surrounding property.
2. "High risk or hazardous" uses are not permitted in the Commercial Corridor District. In this section,
"high risk or hazardous" 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.
D. 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 Chapter 3, Section 1 for the conditional
development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
■ Antenna and/or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Minor
• Bank, Savings and Loan, or Credit Union
• Bottling Works
• Building Material and Hardware Sales Major
• Building Material and Hardware Sales Minor
• Bus Terminal C
• Business Service
• Cabinet/Upholstery Shop
• Car Wash C
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Community Center
• Contractor's Shop and/or storage yard including a landscape contractor.
1/20/2011
-2-
Convenience Store with Gas Pumps C
Day Care Center, Incidental S
Fairgrounds/Exhibition Area S
Farm, Ranch, Stable, Garden, or Orchard
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
General Manufacturing/Industrial Use Complying with Performance Standards
Governmental Office
Gunsmith
Helistop S
Homebuilder Marketing Center
House of Worship
Household Appliance Service and Repair
Indoor Gun Range S
Insurance Office
Laundromat
Limited Assembly and Manufacturing Use Complying with Performance Standards
Locksmith/Security System Company
Machine Shop
Massage Therapy, Licensed
Mortuary/Funeral Parlor
Municipal Uses Operated by the Town of Prosper
Museum/Art Gallery
Nursery, Major
Nursery, Minor
Office/Showroom
Office/Warehouse/Distribution Center
Open Storage
Park or Playground
Print Shop, Major
Print Shop, Minor
Private Recreation Center
Private Utility, Other Than Listed
Recycling Center S
Recycling Collection Point
Rehabilitation Care Institution S
Research and Development Center C
Retail/Service Incidental Use
School District Bus Yard C
School, Private or Parochial
Small Engine Repair Shop
Stealth Antenna, Commercial C
Storage or Wholesale Warehouse
Taxidermist
Telephone Exchange
Temporary Building C
Trailer Rental
Transit Center
Utility Distribution/Transmission Facility S
1/20/2011
-3-
1.4 Exterior Appearance of Buildings: Initial Phase of development: The front fagade facing
Prosper Trail for both the existing building and the new building shall be required to be maximum
of 80% Cultured Natural Shaped Field Stone (upper) & minimum of 20% Cultured rectangular Field
Stone (lower) of contrasting colors. The roof for both existing and new buildings is sloping metal
roof as shown on Exhibit F. Metal, cementatious fiber board (Hardie Siding) or masonry materials
per the Town's Zoning Ordinance shall be permitted exterior materials for the side and rear
elevations. Tall hedge, six (6) feet high at time of planting on the east and west sides of these
buildings as shown on Exhibit D. Buildings shall comply with attached conceptual renderings
(Exhibit F, attached). Two garage overhead doors will face Prosper Trail. Front canopy as shown
shall meet the architectural articulation requirements as shown on Exhibit F. No architectural
articulation is required on sides or rear facades.
Future Phase of development: All sides of possible new future one story buildings to be built
south of the north, east -west, eight (8) feet tall Architectural Metal Fence to be composed of metal,
cementatious fiber board (Hardie Siding) or masonry materials per the Town's Zoning Ordinance
shall be permitted for any fagade or portion thereof that is not visible from Prosper Trail. No
architectural articulation shall be required for these possible future buildings south of the north,
east -west, eight (8) feet tall architectural metal screening fence.
1.5 Paving materials permitted in open storage area: Gravel or crushed rock shall be permitted
paving material in the open storage area located behind all screening and gates. All additional fire
lanes shall be constructed of concrete and shall meet Town of Prosper's paving standards.
1.6 Perimeter Landscaping:
• West & South Line Perimeter: Small Trees & Shrubs. West and South line perimeter
landscaping will consist of one small, thirty (30) gallon tree, six (6) to eight (8) feet high at time
of planting, per every twenty-five (25) linear feet and one 3-5 gal. shrub, reaching six (6) feet
high in two growing seasons, per every ten (10) linear feet along the eight (8) feet tall
Architectural Metal Fence as shown in the attached renderings as each section of the fence is
installed and open storage is prepared for use to the south. The existing chain-link fencing on
the west and south line will be replaced with eight (8) feet tall Architectural Metal Fencing and
perimeter landscaping as the open storage is expanded to the south.
■ East Line Perimeter: Three types of tall shrubs. East line perimeter landscaping will
consist of three different types of shrubs with two sections, one north of the building front and
one south of the building front. This dividing line will be the north, east -west, eight (8) feet tall
Architectural Metal Fence. The section north of the fence will consist of 3-5 gal. Knockout
Roses, minimum three (3) feet high after 2 growing seasons, planted at a minimum of six (6)
linear feet on center and the section south of the fence will consist of a mix of 3-5 gal. Abelia
Grandiflora and Ilex Burford shrubs, three (3) feet high at time of planting at four (4) feet on
center, the latter two being of the tall variety, reaching six (6) feet high within two growing
seasons. The landscaping will be installed along the perimeter as the open storage sections
are prepared for use. No trees are to be planted along the east line adjoining property
owner's chain-link fencing due to the existing power lines. The existing adjoiner owned chain-
link fencing would remain as it exists on the east line.
• Prosper Trail: Small Trees & Knockout Roses. Along Prosper Trail -North line perimeter
landscaping to be installed as shown on Exhibit D. In the first phase of the parking lot
development, as each section of the parking lots are installed, the trees and Knockout Roses
are to be planted along with the required irrigation.
1.7 Landscaping: All requirements for 5 gal. shrubs will be amended to 3-5 gal shrubs, three (3) feet
high at time of planting.
1/20/2011
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EXHIBIT "E"
555 W. Prosper Trail
Bruce Birdsong, Owner/Representative
PLM PROSPER
PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT SCHEDULE:
It is anticipated that the development of PLM Prosper will begin within one week after approval
and issuance of building permit. Beginning with the refacing of the existing building with stone
and the construction of the new building with the facade being matching stone. The installation of
the architectural metal fencing along the front on the east and west side of the buildings, carports
and landscaping for this phase of the development. The west line architectural metal fencing,
carport and landscaping for the first part of the project will also be installed. The east line
landscaping along the ProBuild chainlink fence will be installed and be comprised of Knockout
Roses for the front section and behind the front line of the buildings to the south utilizing Abuelia
Grandiflora and Ilex Burford and continue to expand with growth of the business.
As the business grows, the additional architectural metal fencing and carport along the west line
will be built along with the screening landscaping consisting of small ornamental trees and
shrubs.
The proposed future parking lots on the east and west of the existing parking lot will be completed
as the need arises beginning with a parking row adjoining the drives as shown on the plan and
then expanding to the whole build out as shown on the plan along with accompanying
landscaping as called out on the plan.
It is anticipated that this total build out will occur within five years time.
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2010.doc
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