Loading...
2026-07 O - Amend PD-52 Prosper Flex ParkTOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-07 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING PLANNED DEVELOPMENT-52 (PD-52) BY REZONING A TRACT OF LAND CONSISTING OF 10.8 ACRES MORE OR LESS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; 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 (Case ZONE- 25-0012) from Prosper Trail Commercial LP ("Applicant"), to amend the planned development of 10.809 acres of land, more or less, Collin County School Land Survey, Abstract No. 147, 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 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 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance is amended as follows: The zoning designation of the below described property containing 10.8 acres of land, more or less, in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-52 and being more particularly described in Exhibit "A-1" and 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 Planned Development District shall conform to, and comply with (1) the Development Standards, attached hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the Development Schedule, attached hereto as Exhibit E; (4) the Conceptual Elevations, attached hereto as Exhibit F; (5) the Elevation Descriptions, attached hereto as Exhibit F-1; (6) the Landscape Plan, attached hereto as Exhibit G; (7) the Open Space Plan, attached hereto as Exhibit H, all of which are incorporated herein for all purposes as if set forth verbatim. 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 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. 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 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 Case No. ZONE-25-0012 Ordinance No. 2026-07, Page 2 Savings/Repealing Clause. Prosper's Zoning Ordinance, as amended, 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 THE 10TH DAY OF FEBRUARY, 2026. David F. Bristol, Mayor ATTEST- Wu Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Wel h, Town Attorney Case No. ZONE-25-0012 Ordinance No. 2026-07, Page 3 Ito /ly OF p�0 �19144\/ \�AS dpb K1 f 4 J 3cal r"-_ W r . 10 q�dna - N � rlfo i O * CD �, v • Ln N a 1 N LL LU _ Z cn O 0 a _ N 1a_�.Iw • � o 1 g s Mt • •1'-Z Nl"0�ldMOH T>JlIW� 41 44.4 1 ! i4 4 41 4 1 # 44 j 4 , 44t1 I 44 Oto 1 *■ 4I 1 r� *i 44 • N i O a x E Ln_ v a o NLL> � W L � v Z V O 0 a N o- a 9 0 x 0 IdCl WVH2inc w w Ul-i NdVMOH DIW LAKE- � �, . �-� ;� -�� _ . � ����.. •�.� � . TRAIL LN Low Density Residential i .7 Medium Density Residential High Density Residential Retail & Neighborhood Services Business Park =Old Town District Town Center Future Land Use Exhibit ==Dallas North Tollway, Dedicated Truck Route �6 Lane Divided —4 Lane Divided —Commercial Collector —3 Lane Undivided Couplet --Access Roads Old Town Roads CLEAR COV 10, Q ��� f KEy, y O a r Dallas North Tollway District US Highway 380 District Parks I� Floodplaln School District Properties dTown Limits 'ET] EXHIBIT A-1 LEGAL DESCRIPTION ZONE-25-0012 BEING a 10.809 acre (470,846 square foot) tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being all of Lot 1, Block A of PLM Addition, an addition to the Town of Prosper, Collin County, Texas according to the plat recorded in Document No. 20110628010001150 of the Official Public Records of Collin County, Texas, said 10.809 acre (470,846 square foot) tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with cap (illegible) found for the northeast corner of said Lot 1 and the northwest corner of a called 19.648 acre tract of land described in the Special Warranty Deed to Pro -Build Real Estate Holdings, LLC recorded in Document No. 20060804001112910 of said Official Public Records of Collin County, Texas, said 1/2-inch iron rod with cap (illegible) also being in the south right-of-way line of Prosper Trail (90' right-of-way); THENCE South 11 degrees 31 minutes 22 seconds West, with the east line of said Lot 1 and the west line of said 19.648 acre tract of land, a distance of 1,203.52 feet to a 1/2-inch iron rod with cap (illegible) found for the southeast corner of said Lot 1 and the southwest corner of said 16.648 acre tract of land; THENCE South 89 degrees 27 minutes 49 seconds West, with the south line of said Lot 1, a distance of 400.48 feet to a 5/8-inch iron rod with cap stamped "HARRIS KOCHER" found for the southwest corner of said Lot 1 and the southeast corner of Lot 1, Block A of All Storage Prosper Addition, an addition to the Town of Prosper, Collin County, Texas recorded in Document No. 20210126010000220 of said Official Public Records of Collin County, Texas; THENCE North 11 degrees 33 minutes 32 seconds East, with the west line of said Lot 1, Block A of PLM Addition and the east line of said Lot 1, Block A of All Storage Prosper Addition, passing at a distance of 347.72 feet, a 5/8-inch iron rod with cap stamped "HARRIS KOCHER" found for the northeast corner of said Lot 1, Block A of All Storage Prosper Addition and the southeast corner of a called 14.00 acre tract of land described in the General Warranty Deed to PTCLP, LLC recorded in Document No. 20220308000381710 of said Official Public Records of Collin County, Texas, continuing with the west line of said Lot 1, Block A of PLM Addition and the east line of said 14.0 acre tract of land, in all, a distance of 1,203.46 feet to a 1/2-inch iron rod with cap (illegible) found for the northwest corner of said Lot 1 and the northeast corner of said 14.00 acre tract of land, said 1/2-inch iron rod with cap (illegible) also being in the south right-of-way line of said Prosper Trail; THENCE North 89 degrees 25 minutes 57 seconds East, with the north line of said Lot 1 and the south right-of-way line of said Prosper Trail, a distance of 399.75 feet to the POINT OF BEGINNING and containing 470,846 square feet or 10.809 acres of land. NOTE The bearing system for this survey is based on the Texas Coordinate System of 1983 (2011), North Central Zone (4202) based on observations made on 07/16/2025 with an applied combined scale factor of 1.000152710. I, Shaun Marvin Piepkorn, Registered Professional Land Surveyor in the State of Texas, do hereby attest that the metes and bounds and exhibit are prepared from a survey performed on the ground under my direct supervision. Shaun Marvin Piepkorn Registered Professional Land Surveyor No. 6432 Kimley-Horn and Associates, Inc. 110 W. Interstate 20 Frontage Road, Suite 140 Weatherford, Texas 76086 Ph. 682-235-9512 TBPELS Firm No. 10194040 shaun.piepkorn@kimley-horn.com s1 Iw242s V. ............................ SHAUN MARVIN PIEPKORN .:A.....6432,.... V . .., 'Ir s s � 0.�:ia�yl TRAII LU ;'i II Ili I a N Y ❑ O rE ti I.zi V 3: ¢ z�Wx Lq e3s Y,= = o w O Z OIT U LL¢OLL WNzwZ ^F m�Ir0° � Z OILo N Z Z 3 E INa ❑p'� 63 6°- yy o'3_ as d&Y-�3 = ;sgs6 Y! Aso ;3r] E� 33E, .Y.�j�� <a"yamp�90 8= s •R"=^tl g�a,3 ova`€: �➢ s $��yo� „�' r► 1��9p� s"Tq`�'�ws�y� a o s�sa a all 8 €2e9��yem Aga sc °;yBmo ms° ee qua 5ggg .�Fegiil=as"$<a 37`s i SOMERSET WPV { I S z= I S I I a §.2222 Yi - I "-- 1 I s w e `pS � _ _•w . II � "sgso a� TSS EXHIBIT "B" ZONE-25-0012 555 W. Prosper Trail Prosper Trail Commercial, LP, Owner/Representative PROSPER FLEX PARK PLANNED DEVELOPMENT DISTRICT STATEMENT OF INTENT AND PURPOSE Prosper Trail Commercial LP intends to develop this site into a high -quality flex industrial campus designed to support a variety of light industrial, warehouse, and office users. The project will be thoughtfully planned to enhance both functionality for future tenants and the visual character of the surrounding area, contributing positively to the Town of Prosper. EXHIBIT "C" ZONE-25-0012 PROSPER FLEX PARK 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. Commercial Corridor District -Prosper Flex Park: 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, 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. 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. Twenty-five (25) feet for buildings. The minimum rear 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. C. Maximum Height for Buildings: Two (2) stories, not greater than 40 feet. A 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. B. High Risk or Hazardous Uses: 1. The uses listed in 1.3(C) 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. C. 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 the Zoning Ordinance for the conditional development standards. • Antique Shop and Used Furniture • Administrative, Medical, or Professional Office • Artisan's Workshop • Auto Parts Sales, Inside • Automobile Repair, Minor • Bank, Savings and Loan, or Credit Union • Building Material and Hardware Sales Minor • Business Service • Cabinet/Upholstery Shop • Catering • Commercial Amusement, Indoor • Contractor's Shop • Equipment and Machinery Sales and Rental, Minor • Furniture, Home Furnishings and Appliance Store • Furniture Restoration • Governmental Office • Gunsmith • Gymnastics/Dance Studio • Health/Fitness Center • Homebuilder Marketing Center • House of Worship • Household Appliance Service and Repair ■ Indoor Gun Range S • Insurance Office • Limited Assembly and Manufacturing Use Complying with Performance Standards • Locksmith/Security System Company • Museum/Art Gallery • Office/Showroom • Office/Warehouse • Print Shop, Minor • Private Recreation Center • Repair Service, Indoor • Research and Development Center • Restaurant C ■ Retail/Service Incidental Use • Retail Stores and Shops • Veterinarian Clinic and/or Kennel, Indoor 1.4 EXTERIOR APPEARANCE OF BUILDINGS: As shown in Exhibit F & F-1, the "FRONT A" facades facing Prosper Trail and the "SIDE 1" facades facing the central drive which includes all storefronts shall incorporate a combination of Cultured Natural Shaped Field Stone and concrete tilt wall elements. The canopies on the "FRONT A" and "SIDE 1" fagade shall meet the architectural articulations requirements. Permitted exterior materials for the "SIDE 2" and "REAR" facades include concrete tilt wall or masonry materials as generally shown on the conceptual renderings. The architectural articulation on the "SIDE 2" and "REAR" facades will be similar to what is shown in Exhibit F. Buildings shall comply with the attached conceptual renderings (Exhibit F). The roof shall be a low - slope roof with white TPO (Thermoplastic Polyolefin) Membranes. 1.5 PERIMETER LANDSCAPING: ■ West & South Line Perimeter: Small Trees & Shrubs. West and South line perimeter landscaping will consist of one small, thirty (30) gallon tree, eight (8) feet high at time of planting, and a mix of 5 gal. Japanese Barberry and Texas Sage shrubs, three (3) feet high at time of planting, reaching six (6) feet high in two growing seasons. One (1) small tree shall be placed for every twenty-five (25) linear feet of perimeter line. One (1) shrub shall be placed for every ten (10) linear feet of perimeter line. Trees and shrubs may be grouped as represented on Exhibit G. East Line Perimeter: East line perimeter landscaping will consist of a mix of 5 gal. Glossy Abelia and Burford Holly 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. Shrubs shall be placed in a continuous row that runs the entire length of the East line perimeter to offset the lack of perimeter trees. 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 (North Perimeter Line): Prosper Trail landscaping shall be installed as shown on Exhibit G and per the current Zoning Ordinance standards. Open Space Amenities: Prosper Flex Park will provide thoughtfully designed open space amenities to enhance usability for future tenants. The open area north of Building 1 will feature two tables, two benches, two bike racks, and a trash receptacle. Buildings 2, 3, and 4 will each have adjacent open spaces equipped with a table, a bench, a bike rack, and a trash receptacle. Additionally, the landscaped area surrounding the pond —maintained at a normal pool level —will include two tables and three benches positioned along a walking trail that encircles the pond, offering a scenic and functional outdoor experience. • Open Space Area: The minimum open space area shall constitute 11.3% of the property, as depicted on Exhibit H. b"I puin ypp yymay, Y m�e ptl pp V'x� �na�o b mZR6, p 077� �opp a�x� arm M t y�ho oyC Cj n "3 Cn yy L�4°3a Ln p�C ytgy ',� m :E Z O i m A w - Kimley >> USTRIALHorn CONCEPT PLAN PROVIDENT INDS M�Yn �Y.rMN � �•{w� pY w.��u ��R IWa JCt •t�11EN wi[ EXHIBIT "E" ZONE-25-0012 555 W. Prosper Trail Prosper Trail Commercial, LP, Owner/Representative PROSPER FLEX PARK PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE: Following completion of all required zoning and permitting, PFP will begin construction of four 38,500-square-foot flex buildings. The project is anticipated to be completed in approximately 12 months. SVX31'NIJSodd 0000a_ L ioi ,y Noole E i )Idvd xll� �IldSOdd SVX31 '?J3dSoNd I lol "b Nool9 F 1' Mvd XIIJ �IldSOdd N oz ! � � o J,IIVId 1NIGIAOdd svx3i �addsodd I iol �d Noo�a 1+ f cY W — a )Idbd Xll� dldSOdd )dIVIN 1NDalnOdd �o . igg•!, ; s g!ARMY /(tig_ Jd 3`g� Ll]¥NOON \s �° --_\\}}I �dVd k]]]d]d\add /Qa ){tot. il b]diN]O|#Odd \.\: _ \\\ \\ a 6 a \\\\\ ` kƒ§ - «:•!!: 5G1�6�a J� NNVdXIIJd]d3odd j -�� AlIV3d}N]q|AOdd 2. . CD 6z sv 3l,a3dsodj gUn�o° 2 l iol 'b )13019 E 15 o z2 wa c 2 Wa — g t Mvi xll� d3dSOdd d�. v0 yag aw uU I m � `�Q -` 3 xa MI 11s;a=§ .: «:•|,! sg2e;s @ \ Il ]w»o0 g E, )dvdk]]]d]d\add / ! Al V]diN]O|#O &J. . . � . � I. \\\\\\\\ \\ 44§ ~ �- , bb! 1 I 1 I� 1 SVX31 "2Idsodd l lol "b NOOlB E )Iavd X31J aldSOdd �� 00_ AIIV] I IN341nOdd 1 MFAI VAWL aL �_ �z '•5m c n-_ SNOIldldOS3O LL "l',snONl iN3(11AOHd NOl VA913 b W x 0) � 3 tf _` �tiJ `•` - - S _ N dl I . � � ,` • it 1 I q ! iap�g~� •4 �lI_�1��1� 9 � �� '� {$ it i�q6 ��•1 �n ppk.14? jys[ 0 O� ,g 0. q 'd 'We far, sw -M1 t�--------------- 33 r-` �----- -- 1 - ---------- 4 Mm UJOHsI O(AaWIN Krr Hwn� 1j t�, a«raga wn —4.3,Weo wHisn0NI 1N301A08d N`dld 3dVOSGNHl I x is w aSS1 �ff va e ll y;y Lill g a Co n I� � 0� NO4:oo o I O lLJ I ra WHO F�t1 h y^3'" .S{aca� oo�ka �p'�0.o U miu. 7V� W Q �UVC U W�ax ��-do ° vx WU a -- -- -. ------ �,� o da X19S$0fB -iviaisnai�ainoad Mdld 30bdS N3dO W uaoH<<<�(a�wiN 111f; goo V1� YqN a3 w a�ko a, F S_ � p�-7 0^ nc�. r{+�µ U� F� �aoas� 8 3� z s C _ 5 3 ----------------------------------------- - - - - _ --------- ---------------- --- - i ------------------ --- ---