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18-15 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-15 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE; GRANTING A SPECIFIC USE PERMIT (SUP) FOR A TEMPORARY WIRELESS COMMUNICATION AND SUPPORT STRUCTURE, LOCATED ON A TRACT OF LAND CONSISTING OF 0.005 ACRES, MORE OR LESS, IN THE C. SMITH SURVEY, ABSTRACT NO. 1681, IN THE TOWN OF PROSPER, DENTON 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 the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from TVG Texas I, LLC ("Applicant") for a Specific Use Permit (SUP) for a temporary wireless communication and support structure, on a tract of land zoned Planned Development-40- Townhome, consisting of 0.05 acres of land, more or less, in the C. Smith Survey, Abstract No. 1681, in the Town of Prosper, Denton County, Texas, and being more particularly 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 Findinqs 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 is amended as follows: Applicant is granted a Specific Use Permit (SUP) for a temporary wireless communication and support structure, on a tract of land zoned Planned Development-40-Townhome, consisting of 0.05 acres of land, more or less, in the C. Smith Survey, Abstract No. 1681, in the Town of Prosper, Denton County, Texas, and being 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 Specific Use Permit shall conform to, and comply with 1) the concept plan, attached hereto as Exhibit "B" and 2) the concept elevations, attached hereto as Exhibit "D"; which are incorporated herein for all purposes as if set forth verbatim. Approval of the Specific Use Permit is subject to the following conditions: 1. Expiration of the Specific Use Permit one-year following the date of Town Council Approval. 2. Removal of the wireless communication & support structure, all associated ground - mounted equipment, and gravel access drive, prior to expiration of the Specific Use Permit; and 3. Painting of the antennas and brackets to match the color of the main pole support structure. 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. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. 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 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. Ordinance No. 18-15, Page 2 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 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/Revealing 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. DULUMSUED/i PPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN Oq-6(QWf?gjX-;* *S ON THIS 27TH DAY OF FEBRUARY, 2018. 66. so 6 40 oQ •oo Ray Smith, ayor • O ATTES*} 8•°°-•.,...■.•�°•i �'►. Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Wel , Town Attorney Ordinance No. 18-15, Page 3 W1NL-)5ONG7/ RANCI , Hr!f� Z-1 s - - eet and Utility E !cement 016-48124 Phase 2D--2 Plat is Filed - I 1_» . - . - - -1 . TVG TEXAS 1, LLC r)nrl NO. "R 7, A N , -N- �4 E 200 �v "71.. � j if ]"'4L��'� N Vq W, g N 0 � 20 Temp. Access Esmt. By Separate Doc. — — — — — — — — — — — — — 1/)" IFF (0,4) WIN05CING RANCH FHA5E 20-1 M POC. NO. 2016-165 P. R. L 50'x25' Street and Utility Easement Doc. No, 2016-4-8124 U /l 1 O __/ %.. 61 2 r �, _ /. ;/; i ; _ ;_ _ n .1e /94 J FISHTRAP ROAD Boundary Line Table - 7PHASE 2D SITE Line,PHASE 2A _J BU 10,00' N 20*08'07" E PHASE 3A' PHASE 2D-1 PHASE IA 13 BL2 20.00' S 69*51'53" CHASE 2C -I__ BL3 10-00' S 20*08'07" W CD BL4 20.00' N 69*51'53" W ck, TOWN LIMIT PROSPER : U FRISCO CITY OMIT LOCATION MAP N.T.S. STATE OF TEXAS § COUNTY OF DENTON § OWNER'S CERTIFICATE BEING a tract of land situated in the C. Smith Survey, Abstract No. 1681, Town of Prosper, Denton County, Texas, the subject tract being c portion of a tract conveyed to TVC Texas 1, LLC according to the deed recorded in Document No. 2012-59927 of the Deed Records, Denton County, Texas, with the Subject tract being more particularly described as follows: COMMENCING at a 1/2" iron rod found on the south right—of—way of Pine Leaf Lone and the northeast corner of Lot 3, Block H, Windsong, Rench Phase 2D-1, on addition to the Town of Prosper recorded in Document No. 2016-168 of the Plot Records, Denton County, Texas; THENCE N 50*53'32 E, a distance of 110.48 feet to the POINT OF BEGINNING; THENCE N 20'08'07" E, a distance of 10.00 feet, to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set; THENCE S 69*51'53" E, a distance of 20.00 feet, to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set; THENCE S 20'08'07" W, a distance of 10.00 feet, to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set; THENCE N 69'51'53" W, a distance of 20,00 feet to THE POINT OF BEGINNING with the subject tract containing 200.00 square feet or 0.005 acres of land. SURVEYOR'S ERTIFI ATE That 1, Darren K. Brown, of Spiars Engineering, Inc., do hereby certify that I prepared this plot and the field notes made c part thereof from or actual and accurate Survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision Regulations of the Town of Prosper, Texas. Doted this the day of 1 2018. ARREN K. BROWN, R.P.L.S. NO, 5252 LE END Not (711 items may be opplicable) Notes: 1. No 100 year floodplain exists on this site. DARREN K. BROWN 5252 o �Q�S U R TOWNSF PROSPER S18-0001 Exhibit A - PROPERTi'Y SIJRVEY 20 1 10 20 40 iml5morn� lj 'E inch = 20ft. WINDS(_')NG RANCH TEMP"'RARY WIRELESS _N _N I T1 -1 Q "PU IF Tif"PT T,D U �0,0% NT IT �O A '"P I r"A INT A INT T — 11F TT31DrAU`P Q et 1 of BEING 0.005 ACRESOF LAND In The C. Smith Siuirvcy — Abstract N,9. 1681 71FOWN7 OF PROSPER DENTON COUNTY, TEXAS OWNER / APPLICANT ENGINEER / SURVEYOR TVG TEXAS 1, LLC Spiars Engineering, Inc, BENCH MARKS: 2242 Good Hope Road 765 Custer Road, Suite 100 1. 'll Nail found at the centerline intersection of Fishtrap Prosper, Texas 75078 Plano, TX 75075 Road and Good Hope Road. Elev.=568.86 Telephone (469) 532-0681 Telephone: (972) 422-0077 2. Rail Road Spike found at the centerline intersection of Contact: David 131orTi TBPE No. F-2121 Fishtrap Road and Gee Road. Elev.=546.55 Contact: Matt Dorsett Scale: 1"=201 January, 2011 SEI JoID No, 15-042 Ordinance No. 18-15, Page 4 12" IRON ROD WITH PLASTIC CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRF IRON ROD FOUN CiRF CAPPED IRON ROD FOUND AMF' ALUMINUM MONUMENT FOUND CM CONTROL MONUMENT­ (OTP) 9Y THIS PLAT R. 0, V1. RIGHT-OF-WAY BI- BUILDING LINE OR13CT DEED RECORDS, DENTON COUNTY, TEXAS PROCT PLAT RECORDS, DENTON COUNTY, TEXAS Notes: 1. No 100 year floodplain exists on this site. DARREN K. BROWN 5252 o �Q�S U R TOWNSF PROSPER S18-0001 Exhibit A - PROPERTi'Y SIJRVEY 20 1 10 20 40 iml5morn� lj 'E inch = 20ft. WINDS(_')NG RANCH TEMP"'RARY WIRELESS _N _N I T1 -1 Q "PU IF Tif"PT T,D U �0,0% NT IT �O A '"P I r"A INT A INT T — 11F TT31DrAU`P Q et 1 of BEING 0.005 ACRESOF LAND In The C. Smith Siuirvcy — Abstract N,9. 1681 71FOWN7 OF PROSPER DENTON COUNTY, TEXAS OWNER / APPLICANT ENGINEER / SURVEYOR TVG TEXAS 1, LLC Spiars Engineering, Inc, BENCH MARKS: 2242 Good Hope Road 765 Custer Road, Suite 100 1. 'll Nail found at the centerline intersection of Fishtrap Prosper, Texas 75078 Plano, TX 75075 Road and Good Hope Road. Elev.=568.86 Telephone (469) 532-0681 Telephone: (972) 422-0077 2. Rail Road Spike found at the centerline intersection of Contact: David 131orTi TBPE No. F-2121 Fishtrap Road and Gee Road. Elev.=546.55 Contact: Matt Dorsett Scale: 1"=201 January, 2011 SEI JoID No, 15-042 Ordinance No. 18-15, Page 4 Temporary Wireless Communication and Support Structure Ordinance No. 18-15, Page 5 W IND SONG RANCH TEMPORARY WIRELESS COMMUNICATION AND SUPPORT STRUCTURE NEW GPS ANTENNA WAVEGUIDE BRIDGE SUPPORT BRACKET 1/2" GALVANIZED ALL THREAD 2"X2" HD. G. UNISTRUT @ 3'-0" O.C. MAX.. / 5'-0" / NEW COAX CABLES CLAMPED TO UNISTRUT i Jr FINSHED GRADE OR GROUND COVER. � 4 ' —6» 2f -Off ' MATCH SLOPE AND THICKNESS OF EXISTING. o-_-__ _ (N) HOFFMAN ENCLOSURE 3 1/2" GALVANIZED PIPE. 8'-0" MAXIMUM �;��;SPACING. PLACE EACH ON ALTERNATE SIDE CAUTIONARY TAPE PROVIDE 3/4 PLYWOOD BACKING o n OF BRIDGE ;yj��j y/ REF. ELEC. XI / COMPACTED BACKFILL W/ SATISFACTORY NATIVE OR IMPORTED SOIL C %j 1/2" CROWN TOP Xj` j\\j X\\� /� UNDISTURBED SOIL (N) CONDUIT TO UTILITY POLE OR \\��// PEDESTAL FOR TELCO SERVICE REF. ELEC. CRUSHED STONE OR OTHER SURFACE COMPACTED SAND (SEE NOTE 1) `%`%`%` 1 1. . �y 3000 PSI CONCRETE Al VA j�A/�A/�� \ / VA \ / - -- �� �� /�// /i //�/�,�//�//A/ \//A j (N) CONDUIT TO �i�i�<.. \�6" Mk��' E CH�,�V\,AA\\VAA NEW CONDUITS. REF. ELEC. FOR SIZE, EQUIPMENT SHELTER I I i I I I I I ��j j�j�j •�.I I°..��`����� VA/V�/V� V /VAS R ES /\\ V\/�A VA TYPE AND QUANTITY REF. ELEC. °1 I j .I I, I I I I .I \VAAVAAVAAVAAVA` COMPACTED SAND BED (SEE NOTE 1) NOTE: -0 \I/M����; P I l o ����������������� 1. LEAN CONCRETE, RED—COLORED TOP, MAY BE I.. I.. USED IN PLACE OF COMPACTED SAND. I I > I I o u u ICE BRIDGE DETAIL SCALE: NTS OSCALE: UTILITY TRENCH DETAIL NTS UTILITY RACK (REAR) 5 SCALE: NTS NOTE: BEFORE INSTALLING ANY EQUIPMENT CONTRACTOR MUST CHECK WITH AT&T PROJECT MANAGER AND AT&T RF ENGINEER FOR MOST _ RECENT RF CONFIGURATION SHEET. (N) ANTENNAS MODEL# SBNHH-1 D65B (TYP. OF 3) (N) RRU-32 MOUNTED ON PIPE I MOUNT (TYP. OF 3) I I ' (N) 71' TEMP WOODEN POLE I WITHIN AT&T LEASE AREA C I r` �'' (4) NEW DC POWER CABLES, (1) NEW FIBER BUNDLES, ROUTED I UP TOWER TO ANTENNAS I I I (N) AT&T ICE BRIDGE I I OMPACTED GRAVEL UGERED HOLE TO BE MIN. 12" ARGER THAN POLE BASE AND IAX. 36" LARGER THAN POLE BASE c\ O CD OUTILITY RACK (FRONT) SCALE: NTS Ordinance No. 18-15, Page 6 (N) 3 1/2"0 SCH. 40 GALV. PIPE (N) METER & DISCONNECT. REF. ELEC. DWGS. (N) CONDUITS REF. ELEC. DWGS. (N) 3000 PSI CONCRETE FOOTING N MN -4 3°28' E ®ANTENNA ORIENTATION SCALE: NTS (N) SITEPRO T -ARM MOUNT MODEL# UWS6-NP OR EQUAL (N) SITEPRO RING MOUNT MODEL# LP -42 OR EQUAL (N) TEMP WOODEN POLE (N) AT&T ANTENNAS (TYP. OF 6, 2 PER SECTOR) ON NEW T -ARM MOUNTS (N) RRU'S MOUNTED ON UNISTRUT FRAMING (TYP. OF 9) (N) SSB MODEL# DC6-60-48-18-8F (TYP. OF 1) TOWN OF PROSPER S18-0001 Exhibit D e Elevations Sheet 1 of 1 WINDSONG ]RANCH TEMPA_ OIJLDXAIJDLXY W11jDFxELESS 001MMUNICATION AND SUPPOIRUxT STIRUCTURE OWNER/APPLICANT TVG TEXAS I, LLC 2242 Good Hope Road Prosper, Texas 75078 Telephone (469) 532-0681 Contact: David Blom ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett BEING 0.005 ACRES OF LAND In The C. Smith Survey — Abstract t No. 1681 TOWN OF PROSPER D EENTON COUNTY, TEXAS January, 2018 SEI Job No. 15-042 5'-0" / � 4'-6» 1� c\ O CD OUTILITY RACK (FRONT) SCALE: NTS Ordinance No. 18-15, Page 6 (N) 3 1/2"0 SCH. 40 GALV. PIPE (N) METER & DISCONNECT. REF. ELEC. DWGS. (N) CONDUITS REF. ELEC. DWGS. (N) 3000 PSI CONCRETE FOOTING N MN -4 3°28' E ®ANTENNA ORIENTATION SCALE: NTS (N) SITEPRO T -ARM MOUNT MODEL# UWS6-NP OR EQUAL (N) SITEPRO RING MOUNT MODEL# LP -42 OR EQUAL (N) TEMP WOODEN POLE (N) AT&T ANTENNAS (TYP. OF 6, 2 PER SECTOR) ON NEW T -ARM MOUNTS (N) RRU'S MOUNTED ON UNISTRUT FRAMING (TYP. OF 9) (N) SSB MODEL# DC6-60-48-18-8F (TYP. OF 1) TOWN OF PROSPER S18-0001 Exhibit D e Elevations Sheet 1 of 1 WINDSONG ]RANCH TEMPA_ OIJLDXAIJDLXY W11jDFxELESS 001MMUNICATION AND SUPPOIRUxT STIRUCTURE OWNER/APPLICANT TVG TEXAS I, LLC 2242 Good Hope Road Prosper, Texas 75078 Telephone (469) 532-0681 Contact: David Blom ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: Matt Dorsett BEING 0.005 ACRES OF LAND In The C. Smith Survey — Abstract t No. 1681 TOWN OF PROSPER D EENTON COUNTY, TEXAS January, 2018 SEI Job No. 15-042