05-78 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-78
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05.20; REZONING A
TRACT OF LAND CONSISTING OF 71.07 ACRES, MORE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-OFFICE & INDUSTRIAL (PD-0 & I); 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 Prosper Industrial 102
Joint Venture ("Applicant") to rezone 71.07 acres of land, more or less, situated in the Collin County School Land
Survey,Abstract No. 147, 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 Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as
follows: The zoning designation of the below-described property containing 71.07 acres of land, more or less,
situated in the Collin County School Land Survey, Abstract No. 147, 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 & Industrial (PD-0 & I). 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"; and 3) the Development Schedule, 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 inspector 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 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 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: Savinqs/Repealinq 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 25th DAY OF OCTOBER, 2005.
APPROVED AS TO FORM:
arl iswanger, Ma
ATTESTED TO AND
COR CTLY RECORDED BY:
Shanae Jennings, wn Secretary
DATE OF PUBLICATION: Oft- Nz-I it , Dallas Morning News— Collin County Addition
EXHIBIT "A"
PROPERTY DESCRIPTION
71.07 ACRES
BEING a tract or parcel of land situated in the Collin County School Survey,
Abstract Number 147, City of Prosper, Collin County, Texas. Same being a
portion of that certain tract described to Tomlin Properties, Trustee, by instrument
of record in Volume 2949, Page 46, Deed Records, Collin County, Texas, said
tract or parcel being more particularly described by metes and bounds as follows:
COMMENCING at a Railroad Spike found at the intersection of the centerline of
County Road No. 4 and the West right-of-way line of the B.N.S.F. Railroad (a
100' right-of-way), said Railroad Spike also being the Northeast corner of the
Hope Lumber tract;
THENCE along the West right-of-way line of said railroad, South 11°57'00" West
a distance of 1250.00 feet to THE PLACE OF BEGINNING;
THENCE continuing along said railroad, South 11°57'00" West a distance of
1445.64 feet to a 5/8" iron rod set for corner;
THENCE departing said railroad right-of-way line, North 89°40'28" West a
distance of 1428.45 feet to a 5/8" iron rod set for corner;
THENCE North 00°47'13" East a distance of 2629.91 feet to a 5/8" iron rod set
for corner, said iron rod also being on the centerline of said County Road No. 4;
THENCE along centerline of County Road No. 4, South 89°59'12" East, a
distance of 850.39 feet to a 5/8" iron rod set for corner;
THENCE leaving said centerline of County Road No. 4, South 11°56'28" West, a
distance of 1249.84 feet to a 5/8" iron rod set for corner;
THENCE South 89°59'00" East a distance of 1099.88 feet to the west line of said
railroad and the PLACE OF BEGINNING and CONTAINING 71.07 acres of land.
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• Y • COWN COUNTY SCHOOL SURVEY
:r. •.;.r:. r ABSTARCT NUMBER 147
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Town of Prosper
Planned Development
Office
Exhibit "B"
The purpose for this Planned Development district is to provide the
flexibility of an integrated development area that will include assembly,
retail, office, commercial, manufacturing, medical office, uses that serve
the regional area. The focus of the Planned Development is to provide an
integrated development between the Dallas North Tollroad (DNT) corridor
and the Burlington-Santa Fe Rail Road corridor supporting the vitality of
the Town of Prosper, this mixture of office and industrial uses is not
necessarily appropriate for other locations and other corridors with in the
Town. The intent of such areas is to maximize the regional resources
provided by the two transportation facilities benefiting the Town by
providing and area for both office and commercial uses with on site
assembly and distribution of finished products. Such uses do require
accessibility to major highways, rail lines or other means of transportation.
PD-O-I-ZONING DISTRICT
Z05-12
EXHIBIT "C"
PLANNED DEVELOPMENT
OFFICE & INDUSTRIAL
GENERAL PURPOSE AND DESCRIPTION:
This tract shall develop under the requirements of the Office District as contained in Zoning
Ordinance No. 05-20 exists or may be amended, subject to the following alterations. Where there is
a conflict between Zoning Ordinance N. 05-20 and this Planned Development District, the
regulations of this Planned Development District shall apply.
Location: Southwest quadrant of Prosper Trail (CR 4) and the Burlington Santa Fe Rail Road.
Acreage: 71.5+ acres
1.0 REGULATIONS:
A. S!ze of Yards:
1. Minimum Front Yard: Fifty (50) feet; 30 Feet where parking is eliminated between
the building and the public right-of-way.
2. Minimum Side Yard:
a. Thirty (30) feet adjacent to a nonresidential district.
b. Sixty (60) feet adjacent to a residential district.
c. Fifty (50) feet adjacent to a street.
d. None where buildings are constructed with appropriate fire ratings to provide for
contiguous / adjoined buildings.
3. Minimum Rear Yard:
a. Twelve (12) feet adjacent to a nonresidential district. (Fire Lane 24 feet)
b. Fifty (50) feet adjacent to a residential district.
c. None where adjacent to rail road track.
4. Additional Setback- For structures requiring railroad access, setback requirements
from the centerline of the railroad right-of-way shall be in accordance with applicable
State law.
B. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: Forty-five (45) feet where intersecting public right of way.
3. Minimum Lot Depth: One hundred (100) feet.
C. Maximum Height: Eight(8) stories, not greater than one hundred ten (110)feet. Unless
separated by rail road from residential. Where buildings or structures exceed forty (40)
feet in height, such buildings or structures shall be setback a minimum of five hundred
(500) feet from Prosper Trail and shall not be located closer to any residential district
boundary line than a distance equal to the sum of the required side or rear yard specified
plus twice the height of the building above forty (40) feet. Applicable state laws will be
the governing regulations possibly allowing taller buildings near the boundary of the
1
PD-O-I-ZONING DISTRICT
Z05-12
property.
D. Maximum Lot Coverage: Seventy-five (75) percent of gross acreage
E. Floor Area Ratio: Maximum 2:1
2.0 SPECIAL RESTRICTION:
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 Ceiling Construction: The first floors of any office building can include two
consecutive stories with floor heights (area between finished floors) of up to 18 feet.
Atriums and other high ceiling formats will be allowed according to the applicable
building codes. Light industrial, manufacturing and assembly buildings can incorporate
interior ceiling heights and mezzanines necessary to accommodate equipment, office
and high-rack storage necessary for interior operations.
C. Open Storage: Not more than eighty(80) percent of the gross acreage of the lot or tract
may be used for the open storage of products, materials, or equipment, all of which shall
be screened solid living screen from adjoining properties or public streets.
1. Open storage adjacent to Rail Road tracks adjacent to eastern boundary of zoning
district shall incorporate living screen elements to screen eastern side of rail road
tracks to the extent the operator of the railroad does not consider such screening a
safety risk. The intention of this requirement is to provide a visual buffer while still
allowing full and safe rail access.
D. Delivery and dock doors visible from public streets shall be recessed thirty (30) feet
beyond the Front of the building or screened (per zoning ordinance) from view of
Prosper Trail. Dock high doors will be screened (per zoning ordinance) from view from
public street within 300 feet of the center line of Prosper Trail.
E. Trash containers shall be screened from view of public streets.
F. Minimum of 100% masonry construction will be on utilized on walls (per zoning
ordinance)facing public street or adjacent residential zoning or area designation district.
Residential separation requirements are exempt from properties that have been
annexed in to the City and have not been rezoned from the residential designation
automatically received upon completion of annexation process.
G. Buildings or portions of buildings within Three Hundred 350 feet of center line of Prosper
Trail at the northern edge of the zoning district will be 100% masonry construction.
H. Visual Esthetics:
1. A five(5)foot meandering sidewalk will be constructed along all public streets as the
adjacent properties are developed.
2. Undulating topography is encouraged along public street frontage to assist with
screening and aesthetics. Earthen berms shall be required to assist with screening
and aesthetics adjacent to Prosper Trail.
3. A solid living screen shall be used for all required screening within the zoning district.
PD-O-I-ZONING DISTRICT
Z05-12
I. Access:
1. Cross access will not be required where properties are located on undivided
thoroughfares or public streets.
2. Curb return radius of drive-way will be a minimum of forty (40)' radius to
accommodate semi-truck traffic on drives accessing delivery and dock areas.
3. Gates across Fire Lanes are permitted with approval of Fire Department with
Opticom and Knox Box.
4. Divided entry drives extending to intersecting driveways will be allowed as two point
of access for Fire Protection calculations allowing for gated secure facilities.
5. Multi-level parking structures adjoining main buildings will provide fourteen (14)clear
heights allowing first level access for Fire Protection.
J. High Risk or Hazardous Uses:
1. The uses listed below are permitted in this Planned Development 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 provided that such use does not create fire hazards on
surrounding property.
2. A "high risk or hazardous industrial use" is permitted by specific use permit only. In
this section, "high risk or hazardous industrial 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.
K. Hours of Operation: Multi-shift operations allowed.
L. List of Permitted Uses:
1. Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C
are permitted subject to conditional development standards. See Zoning Ordinance
No. 05-20, Chapter 3, Section 1 for the conditional development standards.
• Accessory Building
• Administrative, Medical, or Professional Office
• Airport/Heliport S
• Antenna and/or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non-Commercial C
• Assisted Care or Living Facility
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Major- Outdoor storage of vehicles shall be screened from
view of public street
• Automobile Repair, Minor
• Automobile Sales, Used
• Automobile Sales/Leasing, New
• Automobile Storage
PD-0-I-ZONING DISTRICT
Z05-12
• Bank, Savings and Loan, or Credit Union
• Beer & Wine Package Sales C
• Bus Terminal C
• Business Service
• Car Wash
• Caretaker's/Guard's Residence
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Commercial Amusement, Outdoor S
• Community Center
• Dry Cleaning, Major (Including Plant)
• Dry Cleaning, Minor
• Fairgrounds/Exhibition Area S
• Farm, Ranch, Stable, Garden, Orchard, or Nursery
• Feed Store
• Furniture Restoration —Indoor Only
• Golf Course and/or Country Club
• Governmental Office
• Gunsmith
• Health/Fitness Center
• Helistop S
• House of Worship
• Household Appliance Service and Repair
• Indoor Gun Range
• Insurance Office
• Locksmith/Security System Company
• Mini-Warehouse/Public Storage S
• Mortuary/Funeral Parlor
• Motorcycle Sales/Service
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Office and Storage Area for Public/Private Utility
• Office/Showroom
• Open Storage - Open Storage must be screened from view of a public street
• Park or Playground
• Print Shop, Major
• Print Shop, Minor
• Private Recreation Center
• Private Utility, Other Than Listed
• Recycling Collection Point
• Rehabilitation Care Institution S
• Research and Development Center C
• Restaurants or Cafeteria
• Retail/Service Incidental Use
• School District Bus Yard C
• Small Engine Repair Shop
• Stable, Commercial
• Stealth Antenna, Commercial C
• Taxidermist
• Telephone Exchange
4
PD-O-I-ZONING DISTRICT
Z05-12
• Temporary Building C
• Theater, Drive In S
• Theater, Regional
• Transit Center
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
• Veterinarian Clinic and/or Kennel, Outdoor
• Winery
2. Additional Permitted Uses:
These uses are permitted within the Planned Development District provided an
additional set back of three hundred fifty (350) foot from the center line of Prosper
Trail
• Bottling Works
• Building Material and Hardware Sales, Major
• Building Material and Hardware Sales, Minor
• Cabinet/Upholstery Shop
• Car Wash, Self-Serve
• Contractor's Shop and/or Storage Yard
• Concrete/Asphalt Batching Plant, Permanent S
• Distribution Center
• Electric Power Generating Plant S
• Equipment and Machinery Sales and Rental, Major-Indoor or screened from
public street
• General Manufacturing/Industrial Use Complying with Performance Standards
• Limited Assembly and Manufacturing Use Complying with Performance
Standards
• Machine Shop - Indoor only
• Miscellaneous Hazardous Industrial Uses S
• Office/Warehouse/Distribution Center
• Recreational Vehicle Sales and Service, New/Used -Outdoor Storage must be
screened from view of a public street
• Recreational Vehicle/Truck Parking Lot or Garage -Outdoor Storage must be
screened from view of a public street
• Recycling Center
• Storage or Wholesale Warehouse
• Trailer Rental
• Truck Sales, Heavy Trucks
• Truck/Bus Repair
• Truck Terminal
5
Town of Prosper
Planned Development
Office
Exhibit "D"
The development of the Planned Development is anticipated to be a
multi-phased development including the first phase of construction to
be in conjunction with a rail spur for access to the Burlington Northern
/ Santa Fe Rail Road adjacent to the eastern boundary for the zoning
district. The additional extension of water, sewer and roadways will
play a roll in the development of the area within the district. It is
anticipated that the first phase of development will occur in 2006 with
subsequent phases over the next 10 years for completion with in 15
years.