O-2024-23 Granting Specific Use Permit (SUP) Wireless Communications Structure - Lakewood Preserve - East First Street & South Coit RoadTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-23
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING PROSPER'S ZONING ORDINANCE BY GRANTING A
SPECIFIC USE PERMIT (SUP) TO ALLOW A WIRELESS COMMUNICATIONS
AND SUPPORT STRUCTURE ON A TRACT OF LAND CONSISTING OF 0.1
ACRE, MORE OR LESS, IN THE JAMES STONE SURVEY, ABSTRACT NO.
847, 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 the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from
Anthemnet ("Applicant") for a Specific Use Permit (SUP) for a Wireless Communications and
Support Structure, on a tract of land zoned Planned Development-87 (PD-87), consisting of 0.1
acre of land, more or less, in the James Stone Survey, Abstract No. 847, in the Town of Prosper,
Collin County, Texas, and being more particularly described in Exhibit "A-1," and Exhibit "A-2,"
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; THAT:
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 is amended as follows:
Applicant is granted a Specific Use Permit (SUP) for a Wireless Communications and Support
Structure, on a tract of land zoned Planned Development-87 (PD-87), consisting of 0.1 acre of
land, more or less, in the James Stone Survey, Abstract No. 847, in the Town of Prosper, Collin
County, Texas, and being more particularly described in 1) the Property Legal Description, Exhibit
"A-1," and 2) Survey, Exhibit "A-2," 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 Site Plan, attached hereto as Exhibit "B," 2) the
Landscape Plan & Screening Plan, attached hereto as Exhibit "C," and 3) the Fagade Plan,
attached hereto as Exhibit "D," which are incorporated herein for all purposes as if set forth
verbatim, subject to the following conditions of approval by the Town Council:
1. Town Council approval of a lease agreement to allow for the use of facilities on Town
property.
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/Reeeal. 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, 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.
Case No. ZONE-23-0036 Ordinance No. 2024-23, Page 2
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 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 27TH DAY OF FEBRUARY, 2024.
David F. Bristol, Mayor
ATTEST:
U� a-u Uis;
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
JC-
Terrence S. Welch, Town Attorney
Case No. ZONE-23-0036 Ordinance No. 2024-23, Page 3
Exhibit A-1
(Property Legal Description)
EXHIBIT "A" 50' X 50' LEASE AREA (AS -SURVEYED)
Being a certain portion of that certain tract of land owned now or formerly by Town of Prosper,
having a Collin County Assessor Parcel ID: 2759846, being part of the James Stone Survey,
Abstract No. 847, said Collin County, Texas, and being more particularly described as follows:
Commencing at a magnail found in concrete near the East side of Coit Road, having Texas North
Central State Plane Coordinates of N:7134081.97 E:2498290.56; thence N 57°07'52" E leaving
said right-of-way line a distance of 356.75 feet to a 5/8" rebar set and the Point of Beginning;
thence N 00007'46" W a distance of 50.00 feet to a 5/8" rebar set; thence N 89*52'14" E a distance
of 50.00 feet to a 5/8" rebar set; thence S 00007'46" E a distance of 50.00 feet to a 5/8" rebar set;
thence S 89052'14" W a distance of 50.00 feet to the Point of Beginning. Said above -described
Lease Area contains 2,500.0 square feet or 0.06 acres, more or less.
SzzSL'al�snwa t
woa 6uemws mmm VAY WEINDENJOWN
yVj °NN AB mWkpM auej iayN'I b665 SB6IQ A3 SE awegeltlwey6uiuuigSa neObvlN� qip ittagk ssauisM gSl ��x.s,WN A3ALlf1S L13M01. ONb'lM'dLl�&ut+eabgBu3MWSMo 4WO
z^ IJci o$gON W U Tz w m
�oa UrnwN 4o�Q
II II II II II II II Il n II
5� - a oOaaa��E�i ®BQ + _ _ z0
o n
aNn.yl N O N
A9 LtlU N°ISINtl ON fy N �E7 -W MAIM gg 5� I ® O q ° ° - $ o (J Q
xIo 02°
T.4 Wa w J
z� ® 0 5N x Oo
s g wog .� a e 3_ 00 j3
w o
E a yS Z U
K O
•���� Zoo
U gg
my 6a e N
W
�� +• r w
WW� w • r rc�w�*� �i �f a� ba
is s
<� N C,
rn r
ma
sz� - nm � aUmN<^ m • �rR-sy
\, • Q li m O Z lal
`62l do\ N
r F \
UO i N U \
r 2J\ I
i
as 1103
Q ? a wvz-
spa
0.q , 8g�g� ,g.=g�.tlaag
gg 4vo
m
�d� � = E • 3 Aul I
gggg I
8 - yy s aS n 1�1
g k n es ar
� 5
rs
o
N Y M Y
0 0 o n m
O N O O O O N
1
O o O m 0 rn
o Jo O oo Uo <o a
1-m o
Om OUN Nca
w N W N
y�oN p�N w Nzm n3{W -o Keca
�Iw Nrww
i L3 i>Noz z z Noz mo Paz Nwwz --Z 4.1z
p NW N NW NK
ti�dW OW W O�W ❑OZ O� J OUW OaZZ �UW �OJZ
11.1 1 G WWO� S O� dH do �� Arm �ww
VF-li -I'i�w� uz w JCi�� Jz� Jws9
Itl . aa�- az< a~Qz a�z aN'd�,
N _ U?
I m. ••tl a9^H , � ,
y � �
l-
•
o a
Ens. ysp�� sa r�_ oasiai
�� 3 ° 8 C:.' 3 d[�8 NODH9Mppv3n
'Yi 3 71L11A�3SH31H4
S.c'os his
s` Ns'4$'� E § e ur, os x,ure
itsE
jiO
df�a.: P«i: Edri[�'ids w.F Nde:Si�w=S$�V^�
g n
lid' sp
sIN
��W
& �,,ggtiyl
�5"nR
��g.¢-84
a�� s
did°g��.
3'ea4°�.g�
.a��Fs•
4s=„o a�$Emse ggwa�
A SaS��ir?Ss:
p� 8 a a
•-`- �
! \(\ < )§
@ ) m7\ _ §■|
< ■. § " \\\\ */\7
d u `|. e
! .
! 2| |
E \/
_e«__az_ __u_Hin=z«.
o F
p oa<
N 00 m a w gs N
� w
y W
W.
al
�
_ ��UM
,US
M
m O n
S
0 _ _ ,
-001-
al
9p
1
f 1
I
J L_____
_J
i .sz 1
I rl
a;
I CS I�
1 N
Oyu � I
99,
I
i o' I
f �
1
k
JWW
=Wo
UO�
O
C�vm I b
N
O
gSSqWC U �.y0 1. 3
R R if 3y cLL3mx+`� c>O�
Nw 4 �.
ag-E 1&1�--4- .
fig �II 4s
SZ
lip!
j
gng<
nF <F
Sv
vnn
m
a
2
24?
~ yya�y� 4O o H$w J�o
w m� yao
q W
Lu W
4 Z oP NA
?�
Mal a's o
s Kp&p }
Yw O i H j
z.
w ti K y J~f f/1 K
3 � o m 5 �
_ a �ffiy g
i 1,`• �� � � Zak � Szxw�
8 - s�
a oMF_
0 3
w o
o
o
3
J
�GwG3'
y
UJ6�
W
IS
y Qom.
�g
n
'W
a
�m P
_
o
T.HE
Q
N
5o
x�za�
<g
U} yz i. �� w o�cai�a yyxxi5� mZoo�
�rf JQ y� O F yj5 N�P6
J N �zmogz s w o
z
'owl L o 3 30f Fix
0
:.1 u
oyw Sono� 03�
N n� �w3oQ 5
5 i� �ma�ME MD.
� � I
j o ,ff�.SZla
=onv
1
Fyy_1�g
9
$
01 W=
�JJ ya
ega
333WW '�p�
�Vx( UUW
LLW N<
till,
9
1-3
J
Q
LU
Z6
ZN
J
0-
rn
D
of
T-
U)
M
v
z mn
J N
d
LU
M 44
en Li
J
a
N
J
Z
_aaa
-
�titio w o g' o a p r
m moo. - m° ego
i ■� W �dC�d. 2= ] X T. a g o k t=n
C`►� }53 � LL � i
yppy{� o�ot
Wg L
A. n �UUM
gilt;# a
a z ` a ` ` $ ` ` o �8
w g "
C�S��� N W U w w d� ■Y�
_x
U °
ma�
ow ��
z
20
�o Imo S3381 NVO M� ,09 Ol ,00 O
u�oHai Q,io N
Fyc CZLiW� Q
�- d
3��4 oaa FSi�s �' UJ
S� Fr� D w
&<N v
axe
w
rAy�vN`� r RC ZoG o3
3-LL0
U6 Q
.a "ik lC8�4 i �0
�z
o� r - i J
■ _ & p�� j 'w m 4 a o o s NO
i �} Vic! LL1 R
Np
pj HIT
F!il
ii
z ;
5338i Nb'0 3AIl ,OS Ol ,OV
o ww
�� �� rc �' � w AP• a
a �r
I�
'4
w 3
gfij
�=jo tl Z
=a d5l °o
g'$aoaa wzz
gG3 w 7
Dga
0
C.o
_
yf�$j�o Z � p C $ - *Vlt J
ixa i Rq g LU
uj
a X • z o w
d X o a _
w w a o N
zW 21
0
Wzy
EMI
o W � -FR
NJ a �o
0 rc
Z U M
a� p�
� o �
16
rcx
6
Lei
tj oC(
MPH
Q
3
� rc w
•�
ig. .9 toll
S3381 NVO 3/0 ,09 Ol ,OV
<�j ;it
S3381 Ntl0 3A11 ,09 01 ,0b
w
2"5�ooi
Xo
W
g A
LL
oa
gig
JQ a
Q