12-26 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 12-26
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 4.298 ACRES, MORE OR
LESS, SITUATED IN THE W. BUTLER SURVEY,ABSTRACT NO. 112, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED
AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT-OFFICE (PD-0);
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 2E Prosper
LLC ("Applicant") to rezone 4.298 acres of land, more or less, situated in the W. Butler Survey, Abstract
No. 112, 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 Zoninv_ Ordinance No. 05-20. Zoning Ordinance No. 05-20 is
amended as follows: The zoning designation of the below-described property containing 4.298 acres of
land, more or less, situated in the W. Butler Survey, Abstract No. 112, 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-Office (PD-0). 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) and the concept plan, attached
hereto as Exhibit "D", 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 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 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
r
the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and
federal law.
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: Savinvs/Repealinv- 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 25`h DAY OF SEPTEMBER, 2012.
APPROVED AS TO FORM:
Ray Smith,(Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY-9
Amy'Pi—ukia�a, Tom Secretary
DATE OF PUBLICATION.- /� — �— Prosper Press
EXHIBIT"A"
BEING a tract of land situated In the W. Butler Survey, Abstract No. 112, Town of Prosper, Collin
County, Texas, the subject tract being a portion of a tract of land conveyed to 2E Prosper, L.L.C.
according to the deed recorded In Document Number 20060705000918100 of the Real
Property Records, Collin County, Texas (RPRCCT), the subject tract being more particularly
described as follows;
BEGINNING at 60D nail found in the intersection of County Road 77 (a public right-of-way, also
known as Hays Road)and High Point Drive (a public right-of-way)for the northwest corner of
said 2E Prosper tract;
THENCE N 89°15'15" E,417.62 feet along High Point Drive to a 60D nail found;
THENCE S 01 004'39" E, passing at 25.00 feet a 1/2" Iron rod found for the northwest corner of
Bradford Farms Addition, an addition to the Town of Prosper according to the plat thereof
recorded in Volume J, Pages 765 &766, Plat Records, Collin County, Texas,continuing along the
common line thereof a total distance of 450.02 feet to a 5/8" iron rod found, and being the
northeast corner of a called 1.6647 acre tract described in deed to High Point Self Storage, Inc.
recorded in Volume 6081, Page 3462 RPRCCT;
THENCE S 89°13'59" W, 414.36 feet along the common line thereof to a 5/8" iron rod found in
County Road 77;
THENCE N 01°29`31"W, 450.21 feet along said road to the POINT OF BEGINNING with the
subject tract containing 187,235 square feet or 4.298 acres of land.
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ZONING EXHIBIT 'A'
ZONING CASE NO: Z12-0005 le 1
2E PROSPER LLC Is,. -w•
W1IIlam Michael Anderson 4.286 ACRES IN THE W. BUTLER SURVEY, ED
ABSTRACT NO. 112, TOWN OF PROSPER I O e r 0 Oke
4E Prosper,L.L.C. &Leslie Monica Andereon COLLIN COUNTY, TEXAS I c, ee e,
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EXHIBIT"B"
600 N.Hays Road
2E Prosper,LLC
Owner/Representative
HAYS AND HIGHPOINT OFFICE
PLANNED DEVELOPMENT
DISTRICT
STATEMENT OF INTENT AND PURPOSE
2E Prosper,LLC is seeking a rezoning to allow for the continued operation of the subject property as it has
been historically prior to its annexation into the Town of Prosper. To this end,we are seeking a Planned
Development District for Office Uses with the inclusion of outside storage for the existing landscaping
company.
The subject property will be maintained in good order and with the intent of screening the nonresidential uses
from the residential uses adjacent to the property with the existing tree line. The existing tree line along the
eastern property line will be maintained and additional landscaping will be planted along Highpoint Road
and Hays Road within six(6)months from the approval of this ordinance.The intent of the screening is to
provide a solid living landscape screen within two(2)growing seasons in order to completely screen all open
storage from public view. In addition, masonry facades will be required along all street frontages when the
existing buildings expand or new buildings are built.
The subject property's improvements have been shown on this Zoning Exhibit D/site plan.All existing and
proposed landscaping, existing buildings, open spaces, existing concrete parking, open storage, landscape
buffers,and gravel drives are shown on this zoning exhibit.All existing landscape buffers and setbacks
are shown.
EXHIBIT"C"
HAYS AND HIGHPOINT
PD—OFFICE 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. Office District—Hays and Hiehgoint:
1.1 GENERAL PURPOSE AND DESCRIPTION:
The Office District is established to accommodate a variety of office developments providing for
professional,financial,medical and similar services for local residents;corporate offices for regional and
national operations;major employment centers for city,county and state governmental entities;and
service uses necessary to support such office uses. Such uses may require accessibility to major
thoroughfares.
1.2 REGULATIONS:
A. Size of Yards:
1. Minimum Front Yard:Thirty(30)feet.
2. Minimum Side Yard:
a Fifteen(15)feet adjacent to a non-residential district;twenty five(25)feet adjacent to a
residential use or zone.
3. Minimum Rear Yard:
a Fifteen(15)feet adjacent to a non-residential district;twenty five(25)feet adjacent to a
residential use or zone.
B. Size of Lots:
1. Minimum Size of Lot Area:Seven thousand(7,000)square feet.
2. Minimum Lot Width:Seventy(70)feet.
3. Minimum Lot Depth:One hundred(100)feet.
C. Maximum Height for Buildings: One(1)story,no greater than thirty(30)feet.
D. Maximum Height for outdoor open storage:Eight(8)feet.
E. Lot Coverage:Thirty(30)percent
F. Floor Area Ratio:Maximum 0.30:1
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. 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 the existing eight(8)foot tall chain
link and barbed wire fence with trees and shrubs along the outside on the west property line,in a
quantity sufficient to screen the storage area from view,and north of the east-west eight(8)feet tall
fence as shown on Exhibit D.The east property line screening will consist of shrubs as shown on
Exhibit D.All open storage will be enclosed by fence and landscaping as shown on Exhibit D.
All screening materials must be in place within six (6) months of the adoption of this
ordinance. The screening material must be planted at a concentration to provide for a
solid living screen within two(2)growing seasons.
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 Chapter 3,
Section 1 ofthe Town's Zoning Ordinance for the conditional development standards.
• Accessory Building
• Administrative,Medical,or Professional Office
• Antenna and/or Antenna Support Structure,Non-Commercial C
• Artisan's Workshop
• Bank,Savings and Loan,or Credit Union
• Bed and Breakfast Inn S
• Caretaker's/Guard's Residence
• Civic/Convention Center
• Community Center
• Day Care Center,Adult S
• Day Care Center,Child C
• Dry Cleaning,Minor
• Fraternal Organization,Lodge,Civic Club,Fraternity,or Sorority
• Governmental Office
• Gymnastics/Dance Studio
• Health/Fitness Center S
• House of Worship
• Insurance Office
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Open Storage(subject to screening requirements)
• Park or Playground
• Print Shop,Minor
• Private Recreation Center
• Private Utility,Other Than Listed
• School,Private or Parochial
• School,Public
• Stealth Antenna,Commercial C
• Telephone Exchange
• Temporary Building C
1.4 Exterior Appearance of Buildings:
A. Expansion of Existing Buildings Up 2,000 Square Feet:The front fagade facing Hays Road and
Highpoint Drive 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 any
expansion shall be a sloping metal roof.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.No architectural articulation is required on sides or rear facades.
B. New Buildings:New buildings shall meet the exterior building material requirements per the Zoning
Ordinance as it exists or may be amended.
1.5 Paving Materials Permitted in Open Storage Area:Gravel or crushed rock shall be a permitted paving
material in the open storage area located behind all screening and gates.All additional fire lanes,drives and
parking areas shall be constructed of concrete and shall meet Town of Prospers paving standards.
1.6 Fencing:The existing metal chain link fence on the property will be allowed to remain,provided it is fully
screened from public view by landscaping as detailed below.Barbed wire is allowed to remain on the top of the
existing fence.All new fencing shall comply with the Town's ordinances,as they exist or may be amended.
1.7 Perimeter Landscaping:
• West&North Line Perimeter:A 25-foot landscape setback is required. Within six(6)months of the
approval of this ordinance the following landscaping shall be required. West and North line perimeter
landscaping shall consist of one small,thirty(30)gallon evergreen tree(Leyland Cypress or Eastern Red
Cedar),six(6)to eight(8)feet high at time of planting,per every twenty(20)linear feet and one 3-5 gallon
shrub,reaching six(6)feet high in two(2)growing seasons,per every eight(8)linear feet along the existing
eight(8)foot tall chain link and barbed wire fence.The landscaping shall be planted between the fence and
the street right-of-way.A landscaped berm will be required along the southwestern portion of the property
where the property is higher than the travel lanes of Hays Road. The berm must be of sufficient height to
facilitate the screening of the property from Hays Road,with a minimum height of four(4)feet. The
plantings for the living screen must be of a sufficient concentration to provide a solid living screen within two
(2)growing seasons.
• East Line Perimeter:A 25-foot wide landscape setback is required. The existing chain link fence with
barbed wire will remain in place. The existing berm and tree line will suffice for the landscaping
requirement along the eastern property line.This planting material must be maintained as a solid living
screen.
• Southern Perimeter:A 5-foot wide landscape setback is required.The existing chain link fence will remain.
The southern perimeter must comply with Exhibit D.
• All plantings must be maintained in a healthy condition.Any dead or diseased plants must be replaced in a
manner to ensure proper screening.
1.8 Landscaping:All requirements for 5-gallon shrubs will be amended to 3-5 gallon shrubs,three(3)feet high at
time of planting.
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DFtHr 2q gmene.rn< I — ZONING EXHIBIT '00
— ZONING CASE NO: 212-0005 `
2E PROSPER LLC
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4.298 ABSTRACT N0.THE 2, OWN OF PROSPER o.e.r sr ED
_ William Mlehael Andeson en<e�<e e
4E Prosper,L.L.C. — �I &Leelle Monica Anderson COLLIN COUNTY, TEXAS osR
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