O-2023-77 SUP Concrete Batch Plant - 5.0 Acres First St S Dallas Pkwy Lattimore & Nelson BrosTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-77
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING PROSPER'S ZONING ORDINANCE BY GRANTING A
SPECIFIC USE PERMIT (SUP) FOR A CONCRETE BATCHING PLANT TO BE
LOCATED ON A TRACT OF LAND CONSISTING OF 4.995 ACRES, MORE OR
LESS, IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12, ABSTRACT
NO. 147, BLOCK 4, TRACT 36, LOCATED AT 570 SOUTH DALLAS
PARKWAY, 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 of Prosper, Texas ("Prosper") has received a request from Vulcan
Materials Company ("Applicant") for a Specific Use Permit (SUP) to allow for a Concrete Batching
Plant on a tract of land zoned Planned Development- 19 (PD-19), consisting of 4.995 acres of
land, more or less, in the Collin County School Land Survey No. 12, Abstract No. 147, Block 4,
Tract 36, located at 570 South Dallas Parkway, in the Town of Prosper, Collin 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
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, as amended, is hereby
amended as follows: Applicant is granted a Specific Use Permit (SUP) to allow the operation of
a Concrete Batching Plant, on a tract of land zoned Planned Development-19 (PD-19), consisting
of 4.995 acres of land, more or less, in the Collin County School Land Survey No. 12, Abstract
No. 147, Block 4, Tract 36, located at 570 South Dallas Parkway, in the Town of Prosper, Collin
County, Texas, and being more particularly described in Exhibit "A," attached hereto and
incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of
approval by the Town Council:
1. Vulcan Materials Company shall cease operations on the property on or before
October 1, 2026, and shall remove all operations equipment from the property within
90 days of the date it ceases operations.
2. An on -site billing office is required to continue the Concrete Batching Plant use. All
concrete deliveries from the physical Prosper location shall be billed as taxable to the
Town of Prosper.
3. The Town of Prosper reserves the right to audit books to ensure that Prosper is the
primary situs for tax revenue and upon inspections, if there are any failures to correct
errors, the Town of Prosper reserves the right to revoke the SUP.
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
Specific Use Permit Expiration Date. This SUP shall expire on October 1, 2026.
SECTION 4
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 5
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.
Ordinance No. 2023-77, Page 2
SECTION 6
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance, 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.
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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 8
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 9
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 9TH DAY OF JANUARY, 2024.
David F. Bristol, Mayor
ATTEST:
ku Si, & X&UQ(LA:
Michelle Lewis Sirianni, Town Secretary
Ordinance No. 2023-77, Page 3
XX
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2023-77, Page 4
EXHIBIT A
(Property Description)
BEING at that certain lot, tract, or parcel of land situated in the Collin County School
Land Survey Abstract Number 147 in the Town of Prosper, Collin County, Texas, being
all that certain tract of land conveyed by deed from Lattimore Materials Company, L. P.
to A & J Owens, Ltd. recorded in Volume 5805, Page 4782, Land Records, Collin
County, Texas and being more particularly described as follows:
BEGINNING at an iron rod set for corner, said point being the northwest corner of that
certain tract of land conveyed by deed from Kipling Enterprises, LLC to G & H
Properties, L.P. recorded in Volume 5565, Page 3107, Land Records, Collin County,
Texas;
THENCE S 00"49'49° W, 468.69 feet with the west line of said G & H Properties tract to
an iron rod set for corner by the north line of that certain tract of land conveyed by deed
from Michael Ramos to South Loop Development Corporation recorded in Volume
4185, Page 2346, Land Records, Collin County, Texas;
THENCE N 89" 20'26° W, 428.34 feet with said north line of said South Loop
Development Corporation tract and with the north line of that certain tract of land
conveyed by deed from Hanson Aggregate Central, Inc. to Southern Star Concrete, Inc.
recorded in Volume 5466, Page 5436, Land Records, Collin County, Texas, to an iron
rod set for corner, said point being the most southerly southeast corner of that certain
tract of land conveyed by deed from Michael Ramos, Trustee, to McGinnis Farms, Inc.
recorded in Volume 4919, Page 1793, Land Records, Collin County, Texas;
THENCE N 00"49'49° E, 466.27 feet with an east line of said McGinnis Farms tract to
an iron set for corner at an inner of said McGinnis Farms tract;
THENCE S 89"23'47° E, 802.13 feet with a south line of said McGinnis Farms tract to
an iron rod set for corner in the west line of Dallas Parkway, a public roadway having a
variable width right-of-way;
THENCE along the are of a curve to the right having a central angle of 00"18'04°, a
radius of 3,808.10 feet, and arc length of 20.01, whose chord bears S 01"05'20° E,
20.01 feet with said west line of said Dallas Parkway to an iron rod set for corner in the
north line of said G & H Properties tract;
THENCE N 89" 23'47° W, 374.46 feet with said north line of said G & H Properties tract
to the PLACE OF BEGINNING and containing 4.995 acres of land.
SETTLEMENT AGREEMENT —Page 7