18-02 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-02
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. 18-02 Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROS ,TEXAS, ON THIS 9th DAY OF JANUARY, 2018.
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Ray Smith, M yor
s ATT'.iV r
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-02 Page 3
Ordinance No. 18-02, Page 4
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Ordinance No. 18-02, Page 6
EXHIBIT B-1
15' SETBACK FROM PROPERTY LINE
Ordinance No. 18-02, Page 7
Ordinance No. 18-02, Page 8
EXHIBIT C-1
Ordinance No. 18-02, Page 9
A) Maximum height allowed by Ordinance: 5', requested 6'3"
B) Maximum height allowed by Ordinance: 5', requested 6'3"
Maximum length allowed by Ordinance: 14.23', requested 15'0 3/4"
E) Maximum height allowed by Ordinance for tenant of one floor: 3', requested 3'9 1/2"
F & G) Minimum spacing between F & G per Ordinance: 14'3"+, requested 10'6"
EXHIBIT C-2
Ordinance No. 18-02, Page 10
C) Maximum height allowed by Ordinance: 5', requested 6'3"
EXHIBIT C-3
Ordinance No. 18-02, Page 11
A & C) Maximum height allowed by Ordinance: 5', requested 6'3"
B) Maximum height allowed by Ordinance: 5', requested 6'3"
Maximum length allowed by Ordinance: 14.23', requested 15'0 3/4"
EXHIBIT C-4
Ordinance No. 18-02, Page 12
E) Maximum height allowed by Ordinance for tenant of one floor: 3', requested 3'9 1/2"
EXHIBIT C-5
Ordinance No. 18-02, Page 13
F & G) Minimum spacing between F & G per Ordinance: 14'3"+, requested 10'6"
EXHIBIT C-6
Ordinance No. 18-02, Page 14
EXHIBIT C-7
Ordinance No. 18-02, Page 15
Exhibit D
Sign Schedule / Development Standards
for Prosper Town Center
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.
Wall Signs
Signs A, B, and C, as shown on Exhibit C, shall be permitted a maximum height of 6’, 3”.
Sign B, as shown on Exhibit C, shall be permitted a maximum length of 15’, 0.75”.
Sign E, as shown on Exhibit C, shall be permitted a maximum length of 3’, 9.5”.
Signs F and G, as shown on Exhibit C, shall be permitted a minimum separation of 10’, 6”.
Ordinance No. 18-02, Page 16