17-58 O - Establishing Special Purpose Sign District for Prosper Town Center (Preston Rd & First St) ((MD17-0005))TOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-58
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND
APPROVING A SPECIAL PURPOSE SIGN DISTRICT, PURSUANT TO
SECTION 3.14.012 OF THE TOWN'S CODE OF ORDINANCES, AS
AMENDED, FOR 44.615 ACRES OF LAND, MORE OR LESS, COMMONLY
KNOWN AS PROSPER TOWN CENTER; MAKING FINDINGS; 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, Section 3.14.012 of the Town's Code of Ordinances, as amended, provides
for the approval by the Town Council of the Town of Prosper, Texas (the "Town Council"), of a
special district that exclusively addresses sign regulations; and
WHEREAS, the special district, if approved by the Town Council, is designated a
Special Purpose Sign District ("SPSD"), and in general, the purposes of an SPSD are to (1)
promote consistency among signs within a development, thus creating visual harmony between
signs, buildings, and other components of the property; (2) enhance the compatibility of signs
with the architectural and site design features within a development; (3) encourage signage that
is in character with planned and existing uses, thus creating a unique sense of place; and (4)
encourage multi -tenant commercial uses to develop a unique set of sign regulations in
conjunction with development standards; and
WHEREAS, an application has been submitted to the Town for a SPSD for 44.615 acres
of land, more or less ("the Property"), commonly known as Prosper Town Center, generally
located on the northeast corner of First Street and Preston Road in the Town; and
WHEREAS, all legal notices required for the creation of the proposed SPSD have been
given in the manner and form set forth by law, and public hearings have been held on the
proposed SPSD and all other requirements of notice and completion of such SPSD procedures
have been fulfilled; and
WHEREAS, the Town Council has further investigated and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to adopt a SPSD on the
aforementioned property, subject to the terms and conditions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
There is hereby created and approved a Special Purpose Sign District on the Property.
All signage on the Property, more particularly described in Exhibit A, attached hereto and
incorporated herein for all purposes as if set forth verbatim, shall be subject to the Sign
Coordination Plan, attached hereto as Exhibit B and incorporated by reference, the detailed
elevations, attached hereto as Exhibit C and incorporated by reference, and the Sign Schedule,
attached hereto as Exhibit D and incorporated by reference. Any signage not specifically
addressed in the attachments to this Special Purpose Sign District Ordinance shall comply with
the Town's Sign Ordinance, contained in Article 3.14, "Signs," of Chapter 3, "Building
Regulations," of the Town's Code of Ordinances, as amended.
SECTION 3
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
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 signage that is not in conformity with this
Ordinance.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Five
Hundred ($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude the
Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
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
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
This Ordinance shall become effective from and after its adoption and publication as
required by law.
Ordinance No. 17-58, Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 22"d DAY OF AUGUST, 2017.
,���tt�i�rrr►r
O F PO
0--
'Sox +w
k �,.......��+ I/
ATTEST.* 3
= Z
Town
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smith, rApyor
Ordinance No. 17-58, Page 3
EXHIBIT A-1
ti
SITUATED in the State of Texas, County of Collin and near the City of Prosper, being part of
the Collin County School land Survey, Abstract No. 147, being the resurvey of a 50 acre tract
of land as described in a deed from W. T. Troth and George F. Nixon to G. E. Drewery on
October 26, 1955 as recorded in Volume 506, Page 185 of the Collin County Deed Records,
less right-of-way deeded to the State of Texas as described and recorded in Volume 623,
Page 285 and Volume 646, Page 529 of the Collin Courcy Deed Records, said premises being
more particularly described as follows:
BEGINNING at a A -inch iron rod found for corner in the east right-of-way line of State Highway
No. 289 {variable width R.O.W.) and marking the northwest corner of the premises herein
described, said beginning corner being in the north line of the aforementioned 50 acre tract and
also marks the southwest corner of a 27.6673 acre tract as described and recorded in
Volume 3023, Page 301 of the Collin County Deed Records:
THENCE with the general course of a wire fence along the south line of the 27.6673 acre
tract, and the north line of the 50 acre tract and said premises as follows: North 89° 02' 00"
East, 421.30 feet to a point for corner; North 88° 49' 17" East, 398.72 feet to a point for
corner; North 89° 11' 00" East, 393.47 feet to a 'h -inch iron rod set in the asphalt of County
Road No, 77 and marking the northeast comer of the 50 acre tract and said premises;
THENCE with the east line of the 50 acre tract and said premises, and along County Road
No. 77, South 00° 59' 26" East, 1,318.76 feet to a '/2 -inch iron rod set marking the southeast
corner of the 50 acre tract and said premises, said corner being in the intersection of County
Road No. 77 and County Road No. 78;
THENCE with the south line of the 50 acre tract and said premises, and along County Road
No. 78, South 891 00' 44" West, 1,438.19 feet to a Y2 -inch iron rod set marking the
intersection of County Road No. 78 with the east right-of-way line of State Highway No. 289;
THENCE with the east right-of-way line of State Highway No. 289 and the west line of said
premises as follows:
North 001 46' 00" West, 18.50 feet to a 34 -inch iron rod set for corner; North
780 23' 00" West, 217.11 feet to a '/2 -Inch iron rod set for corner on the south side
and base of a wooden R.O.W. marker; North 01" 00' 00" West, 166.31 feet to a '/2 -
inch iron rod set for corner and being 2.3 feet west of a crosstie fence post; North
200 39' 00" East, 115.70 feet to a '/2 -inch iron rod set for corner and being 0,60 feet
south of a wooden R.Q.W. marker; North 180 68' 00" East, 500.23 feet to a Y2 -inch
iron rod set for corner and being 0.80 feet south of a wooden R.O.W. marker; North
190 42' 00" East, 300.04 feet to a 'A -inch iron rod set for corner and being 0.80 feet
south of a leaning wooden R.O.W. marker and 1.0 feet west of a crosstie fence post;
North 270 47' 00" East, 201.55 feet'to a A -inch iron rod set for corner and being 0.35
feet west of crosstie fence post; North 200 39' 00" East, 55.26 feet to the place of
beginning and containing 44.615 acres of land.
NIW4 462119 v 1, 49499.00091
Ordinance No. 17-58, Page 4
....- .....,Kc,ra�y rv�rllA�trTlCfill
_ _. ,...,., +„R,,,, „ ,nr �rrtrtsnrtir'n �ir*i'r•r;1+,•,1 L, r?,:, r9 ,
IL
7 .��'�I�1`.� 1.f[�jf;.r iris" � �� �. �r''�j'yy,,((```` 'r?: �� � �4� i
.. r!a_. ,.. 1:. L4 L,�!dl�: •f .� .��j��':'S••` •`�f: yf�✓ilr �i`�s.� } //�f
1
W
�
H�
� S N
f.:
� �
1
W
i
Ayil
�
J
J �.
Y
7 .��'�I�1`.� 1.f[�jf;.r iris" � �� �. �r''�j'yy,,((```` 'r?: �� � �4� i
.. r!a_. ,.. 1:. L4 L,�!dl�: •f .� .��j��':'S••` •`�f: yf�✓ilr �i`�s.� } //�f
1
i
LINE OF UNIFIED SIGN DEVELOPMENT FOR)". $
ro
EXISTING MONUMENT (EM-1)._�--._----- ��
I I
y�y� � r
�1 iG{II �AlG11l3J.y=.kr'}.�{j, I Al O
Pruposeo ��" - �Hr r 5l, p�1
1/ r OfliceF I kS-rJ PROPOSED
TEit s� v
11
Future - MONUMENT
OlicelEXI TING MONUMENT (EM -2) R
9�7ce
'APPROXIMATE
(PM -1) LocAT,oN
EXISTING UDS UDS -6 Al `�1-4 I' ;' o VICINITY PLAN
( / 1' • ' _ N C�Ehh ROEaII Pi 'Extzi'ny
X r 3,954 s 7,8{}0 sf 6.045 RCT! �; I` i �amxariW al c�a non emo mrn nn cava is —
•
E BROADWAY STRU—�
T' la
(F.M. 1193) TRIBUTE
t
MONUMENT
I� _-
Retail A Jr Anchor 5:90 sr s sv sF
. r ; P,SOG 14,500 sf — 22,800st 6 �`.f�J-�J —' » RIDGE
EXISTING UDS (UDS -5 B) ,
ID
11_ -1 t, `I r PROPOSED
+ MONUMENT
EXISTING, (PM -2)
' .. Grocery (EM -3) ato
55,863 5(
i PROPOSED
Iiltl,��llll_
COMMERCIAL CIAL
•! 4 USE
w
FNxe
a1"kef
. 37,100
°c
LEGEND
UNIFIED DEVELOPMENT SIGN (UDS)
\ Retail C1
r-�--. � �.. 8,6o0 sf� 7AOO i�1 P=�
Ia' ' I R"�� UNIFIED DEVELOPMENT SIGN (UDS),
— _ I PURVED WALL SIGN (CW)
LL - Retail f7 — .'ti, Tz
�rSWiI4 00 sf _ �I
PROPOSED UDS, CW ; �° 3096 ° -, - -'_ - EXISTING MONUMENT SIGN (EM)
L� , u
(USD -8 D, CW -1) _ _.
PROPOSED MONUMENT SIGN (PM)
LINE OF l7NIFIED S1 V'ELOPMENT= - — ----- —`CURVEDWALLSSHALLHAVEAMINIMUM5FSET8ACK
,. E F1RST STREET (C R8
+7— 370' l � — — +t— Tf._.. .. � i +/-1-0001 - - - --. EXHIBIT E
EXI-STING UDS (UDS -3 c)- SIGN COORDINATION FLAN
PROPOSED UDS (UDS -2 A)
PROPOSED UDS, CW (UDS -9 D, CW -2) -
c.n 1A F
Graphics,C,A 1,=100
NOTE: ALL DIMENSIONS SHOWN ARE APPROXIMATE
— 1111010113E�S =,rcAeClure planning S( C�1?n1F:
PROSPER TOWN CENTER SH 289 AT CR 78 PROSPER TEXAS �� fain f -ts1A '""02036" OW 0823.17 SP -MP
- kY%17l fAiF , /17]38.1'1 1;{r 971 �p:1 S19
,Nrw-hr�elynn,�ne.r.,nm 06/19/17
omaaa�No 17-58 Pa9a6 REV 07/05/17 REV 07/10/17 REV 07/31/17
PLAN I ii
BRUSHED ALUM MGM
TYP
BRUSHED ALUM SIGN
(TYP)—ARCHITECTURAL —1 ISIIIENT
ST -2
4'-10" BRUSHED ALUM
GROUND ILLI NNATED SIGN
(ARCHITECNRILL EMBELLISHMEN
SIGNAGE
SIGNAGE
u
SIGNAGE
SIGNAGEMCx
COURSE
SIM
_ IV— D
ELEVATION Sign Area = 120 sf
01 UNIFIED DEVELOPMENT SIGN A UDS -2 and UDS -6 (per site
PLAN III
BRUSHED ALUM SIGN
TIM
BRUSHED ALUM SIGN
(TYP)—ARCNITECTURALL EMBELLISHMENT
ST -2
9-10" 4'-10" BRUSHED AM
GROUND ILLUMINATED SIGN
SIGNAGE (ARCHITECTURAL FUM I ISHiMEN
SIGNAGE_
a SIGNAGE TOM
SIGNAGE CidNTl�
STAGGER BRICK
SIGNAGE COURSE
STONE
I!'-0"
ELEVATION Sign Area = 135 sf
01 UNIFIED DEVELOPMENT SIGN C UDS -3 (per site pian)
1/r-
PLAN 111, -
BRUSHED ALUM SIGN
TYP
BRUSHED ALUM SIGN
(TYP)—ARCHITECM& EMKI I S1MIENT
ST —2
14'-10" 4'-10" BRUSHED ALUM
GROUND LUMNAYED SIGN
SIGNAGE SIGNAGE (ARCHITECTURAL EMBEII SH MENT)
SIGNAGE SGNAGE ;l
Q SIGNAGE SIGNAGE TOWN
SIGNAGE SIGNAGE Cl IT=
SIGNAGE SIGNAGE
— STONE
1 20'— 0"
ELEVATION Sign Area = 185 sf
01 UNIFIED DEVELOPMENT SIGN 0 UDS -5 (per site Plan)
1/r -o
PLAN
BRUSHED ALUM
GROUND ILLUMINATED SIGN
(ARCHITECTURAL EMBELLISHMENT)
6'-6" x 1'-6" BRUSHED ALUM.
I TENANT SIGN
'E: UP TO B TENANT
ELS ARE ALLOWED
COURSE STONE BASE
ELEVATION Sign Area = 175 sf
02 UNIFIED DEVELOPMENT SIGN D CW -1 A CW -2 {per site plan]
rs-1
NOTE: SKM TO BE EXTERNALLY
NOTE: ACTUAL LAYOUT OF SIGNAGE & LETTERING MAY ILLUMINATED.
VARY, BUT SIGNAGE AREA WILL NOT EXCEED AREAS NOTED.
NOTE: SIGNAGE ORDERED TOP TO BOTTOM BY TENANT SIZE.
SLOT ASSIGNMENTS REMAIN SUBJECT TO CHANGE.
fNO- 1 1 -bb. Ilage I
HODGEs EXHIBIT C -ELEVATIONS/SIGN DETAILS 02036-01
OL
SH 289 AT CR 78 PROSPER, TX urclin nCe REV 08/23/17
Town Council
Recommended
Exhibit D
Sign Schedule / Development Standards
for
Prosper Town Center
June 19, 2017
Revised July 5, 2017
Revised July 10, 2017
Revised July 31, 2017
Unified Development Signs
UDS -2 Shall be permitted to be located less than 750' of UDS -3 and CW -1, in accordance
with Exhibit B.
UDS -3 Shall be permitted to be located less than 750' of UDS -2 and CW -1, in accordance
with Exhibit B.
UDS -5 Shall be permitted to be located less than 750' of CW -1 and UDS -6, in accordance
with Exhibit B.
UDS -6 Shall be permitted to be located less than 750' of UDS -5 and is less than the
required 75' from EM -2, in accordance with Exhibit B.
Curved wall signs and existing signs shall be permitted to encroach into setback
requirements, in accordance with Exhibit B. Minimum curved wall sign setback is 5'
minimum.
UDS -3 shall be permitted a maximum area of 135 sq. ft, in accordance with Exhibit C.
UDS -5 shall be permitted a maximum area of 185 sq. ft, in accordance with Exhibit C.
CW -1 and CW -2 shall be permitted a maximum area of 175 sq. ft.
UDS -3, UDS -5, CW -1, and CW -2 — sign text shall be permitted to be less than 6" from top of
sign and less than 12" from bottom of sign.
All signage shall be permitted to have sign text less than 6" from the sides of the signs.
Monument sign PM -1 shall be permitted on a lot without street frontage, in accordance with
Exhibit C.
Only one monument shall be along E. First Street. Location to be determined.
Only one monument shall be along Hays Street. Location to be determined.
Ordinance No. 17-58, Page 8