2022-26 O - Grant SUP Wireless Communications - Bradford FarmsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2022-26
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER
AMENDING THE TOWN'S ZONING ORDINANCE BY GRANTING A SPECIFIC
USE PERMIT (SUP) FOR A WIRELESS COMMUNICATION AND SUPPORT
STRUCTURE TO ALLOW FOR ADDITIONAL ANTENNAS ON AN EXISTING
TOWER, LOCATED ON A TRACT OF LAND CONSISTING OF 0.7 ACRES,
MORE OR LESS, IN THE WILLIAM BUTLER LAND SURVEY, ABSTRACT NO.
A0112, TRACT NO. 7, 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 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 Crafton
Communications ("Applicant") for a Specific Use Permit (SUP) for a wireless communications and
support structure to allow for additional antennas on an existing tower (Case S22-0003) on a tract
of land zoned Agriculture, consisting of 0.7 acres, more or less, in the William Butler Land Survey,
Abstract No. A0112, Tract No. 7 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 for rezoning 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 is amended as follows:
Applicant is granted a Specific Use Permit (SUP) for a wireless communications and support
structure to allow for additional antennas on an existing tower, on a tract of land zoned Agriculture,
consisting of 0.7 acre of land, more or less, in the William Butler Land Survey, Abstract No. A0112,
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.
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, and (2) the
elevations, attached hereto as Exhibit C, both of which are incorporated herein for all purposes
as it set forth verbatim.
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/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 the Town'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
Ordinance No. 2022-26, Page 2
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, 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 THIS 14t" DAY OF JUNE, 2022.
David F. Bristol, Mayor
ATTEST:
UA-.Q,woo- LUL�a'--) I ( , A u Q - I ,
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2022-26. Page 3
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, 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 THIS 14"' DAY OF JUNE, 2022.
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
David F. Bristol, Mayor
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TEXAS/
Ordinance No. 2022-26, Page 3
Exhibit A
S.NIW Engineering Group, Inc.
158 Bu-,inew, Center Drive
Birmingham Alabama 35244
Telephone: (205) 252-69-85
Facsimile: (205) 320-1504
ENGINE6 RING GROUP INr;
EXHIBIT "A"
PROSPER
0.07 ACRES
THE WILLIANI BUTLER SIIR%'EV
ABSTRACT NO. 112
A 0.07 ACRE AREA BEING A PORTION OF THAT CERTAIN PARCEL
DESCRIBED IN VOLU,%-IE 6001, PAGE 5529 AND INSTRUMENT NUMBER
0128644 IN THE DEED RECORDS OFFICE IN COLLIN COUNTY, TEXAS
LYING IN THE WILLIAM BUTLER SURVEY, ABSTRACT NO. I Q IN SAID
COLLIN COUNTY. TEXAS AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COM\4ENCING AT A 1 2" REBAR FOUND MARKING THE NORTHWEST
CORNER OF LOT 3. BLOCK B OF BRADFORD FARMS ADDITION PLAT AND
ON THE SOUTH RIGHT-OF-WAY LINE OF BRADFORD DRIVE: THENCE
ALONG SAID RIGHT -OF -WAN' LINE, N 88'56'34" E A DISTANCE OF 17938
FEET Ill A FOUND 1-`2" REBAR:
THENCE LEAVING SAID RIGHT-OF-WAY LINE, S 01°00'32" E A DISTANCE
OF 200.00 FEET TO THE POINT OF BEGINNING,
THENCE N 88"53'28" E A DISTANCE OF 34-48 FEET TO A POINT:
THENCE S OW10'16" E A DISTANCE OF 50.00 FEET TO A POINT:
THENCE S 88"53'28" 1V A DISTANCE OF 60.00 FEET TO A FOUND I ,2"
REBAR;
THENCE N 01'19'12" %%- A DISTANCE OF 50.00 FEET TO A POINT:
THENCE N 88li'54'18" E A DISTANCE OF 26.52 FEET TO THE POINT OF
BEGINNING. CONTAINING 3.024.74 SQUARE FEET, 0.07 ACRES OF LAND.
WILLIAM 11. SOMMERVILLE, III
REGISTER PROFESSIONAL LAND SURVEYOR
TEXAS LICENSE NO. 6094
DATED: 12-06-2021
THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE
CODE % 139.95. DOES NOT REFLECT THE RESULTS OF AN ON THE
GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH
INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHT AND INTERESTS
IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF
THE BOUNDARY OF THE POLITICAL SUBDISVISION FOR WHICH IT WAS
PREPARED.
"Together Planning BetterTonwrrow.-
www.smweng.com
Ordinance No. 2022-26, Page 4
Exhibit B
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Ordinance No. 2022-26, Page 6