18-36 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-36
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE;
GRANTING A SPECIFIC USE PERMIT (SUP) FOR A RESTAURANT WITH
DRIVE THROUGH, LOCATED IN THE WESTFORK CROSSING ADDITION,
BLOCK A, LOT 3, CONSISTING OF 0.97 ACRES, MORE OR LESS, IN THE
M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476, IN THE TOWN OF
PROSPER, DENTON 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
Northwest 423/380, L.P. ("Applicant") for a Specific Use Permit (SUP) for a restaurant with drive
through, in the Westfork Crossing Addition, Block A, Lot 3, zoned Commercial, consisting of
0.97 acres of land, more or less, in the M.E.P. & P.R.R. Survey, Abstract No. 1476, in the Town
of Prosper, Denton 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 to grant a Specific Use Permit (SUP) 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
Sr)ecific Use Permit Granted. The Town's Zoning Ordinance is amended as follows:
Applicant is granted a Specific Use Permit (SUP) for a restaurant with drive through, in the
Westfork Crossing Addition, Block A, Lot 3, zoned Commercial, consisting of 0.97 acres of land,
more or less, in the M.E.P. & P.R.R. Survey, Abstract No. 1476, in the Town of Prosper, Denton
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 the concept plan, attached hereto as Exhibit "B", which is
incorporated herein for all purposes as if set forth verbatim. Approval of the Specific Use Permit
is subject to the following conditions:
1. Approval of the Site Plan, the Landscape Plan, and the Fagade Plan by the Town
Council.
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/Reoeal. 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
Penaltv. 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
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.
Ordinance No. 18-36, Page 2
SECTION 7
Savinas/Reoealina 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 PASIOD APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN O P��,, �V�5, ON THIS 22ND DAY OF MAY, 2018.
dW� IAC)i p �
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* Ray Smith Mayor
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-36, Page 3
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FISHTRAP RD.
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NOTES:
AMF
"TXDOT"
(CM)
LOCATION MAP
1" = 2000'
LEGEND
N 89'09'25" W — 114.97'
1. Basis of bearing derived from the State Plane Coordinate System,
Texas North Central Zone 4202, North American Datum of 1983,
(2011).
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2. No floodplain exists on the site.
(Not all items may be applicable)
subject tract being a
1/2" IRON ROD WITH PLASTIC CAP STAMPED
0
"SPIARSENG" SET, UNLESS OTHERWISE NOTED
IRF
IRON ROD FOUND
CIRF
CAPPED IRON ROD FOUND
AMF
ALUMINUM MONUMENT FOUND
CM
CONTROL MONUMENT
(BTP)
BY THIS PLAT
R.O.W.
RIGHT-OF-WAY
BL
BUILDING LINE
DRDCT
DEED RECORDS, DENTON COUNTY, TEXAS
PRDCT
PLAT RECORDS, DENTON COUNTY, TEXAS
1. Basis of bearing derived from the State Plane Coordinate System,
Texas North Central Zone 4202, North American Datum of 1983,
(2011).
m
2. No floodplain exists on the site.
—575—
U.5. HIGHWAY MO
Variable width R. 0. W.
Lot 2R, Block A
WE5TFORK
CRO55ING ADDITION
Doc. No. 2017-333 PRDCT
Zoning: C - Commercial
Land Use: Vacant
FL UP: US 380 District
S 89'09'25" E - 307.20'
to a 1/2" CIRF (CM)
POINT OF 1
BEGINNING )
UI u I I I d I Il.b I Ju. 16-56, 1'' cj' t •+
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the M.E.P. &
S 89009'25" E — 142_00'
subject tract being a
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Lot 2R, Block A, Westfork Crossing
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County, Texas (PRDCT), the subject tract being
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BEGINNING
at an "X" set in concrete on the north line of U.S. Highway 380, a variable width public right-of-way, for the
southeast corner of
IN
2I
according
to the plat recorded in Document No.
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89°09'25" W, 142.00 feet along the
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monument
bears N 89°09'25" W, 114.97 feet;
13
oLot
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0 .974 Ac.
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(42,417 S.F.)
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Existing Zoning: C - Commercial
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Proposed Zoning: C - Commercial w/ SUP
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75' Permanent Pipeline Esmt.
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City of Irving
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Vol. 5098, Pg. 2931 DRDCT
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N 8900925" W 142.00'
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—575—
U.5. HIGHWAY MO
Variable width R. 0. W.
Lot 2R, Block A
WE5TFORK
CRO55ING ADDITION
Doc. No. 2017-333 PRDCT
Zoning: C - Commercial
Land Use: Vacant
FL UP: US 380 District
S 89'09'25" E - 307.20'
to a 1/2" CIRF (CM)
POINT OF 1
BEGINNING )
UI u I I I d I Il.b I Ju. 16-56, 1'' cj' t •+
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the M.E.P. &
P.R.R. Survey, Abstract No. 1476, Town of Prosper, Denton County, Texas, the
subject tract being a
portion of
Lot 2R, Block A, Westfork Crossing
Addition, according to the plat recorded in Document No. 2017-333 of the
Plat Records, Denton
County, Texas (PRDCT), the subject tract being
more particularly described as follows:
BEGINNING
at an "X" set in concrete on the north line of U.S. Highway 380, a variable width public right-of-way, for the
southeast corner of
proposed
Lot 3, and from which a 1/2" capped iron rod found for the southwest corner of Lot 1, Block A of Westfork Crossing Addition,
according
to the plat recorded in Document No.
2012-93 of the Plat Records, Denton County, Texas; bears S 89°09'25" E, 307.20 feet;
THENCE N
89°09'25" W, 142.00 feet along the
common line thereof to the southwest corner of proposed Lot 3 from which
an aluminum TxDOT
monument
bears N 89°09'25" W, 114.97 feet;
THENCE N 00'50'35" E, 298.71 feet;
THENCE S 89'09'25" E, 142.00 feet;
THENCE S 00°50'35" W, 298.71 feet to the POINT OF BEGINNING with the subject tract containing 42,417 square feet or 0.974 acres of land.
SURVEYOR'S CERTIFICATE
That I, Darren K. Brown, of Spiars Engineering, Inc., do hereby certify that I prepared this plat and the field notes made a part thereof from an
actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in
accordance with the Subdivision Regulations of the Town of Prosper, Texas.
Dated this the day of , 2018.
SP G STE�T��
�:Z7
I.................... _._... _..........: i.......
DARREN K. BROWN
DARREN K. BROWN, R.P.L.S. NO. 5252 "E
5252 P;
9�"o'cESS\o�' O
VO. S U
TOWN OF PROSPER CASE NO. S18-0003
Exhibit A
0, M, 'A 101 1
BLOCK A9 LOT 3
BEING 0.974 ACRES OF LAND
IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476
TOWN OF PROSPER, DENTON COUNTY, TEXAS
OWNER/APPLICANT
Northwest 423/380, Ltd.
7001 Preston Rd., Ste. 410
Dallas, Texas 75205
Telephone (214) 224-4644
Contact: Robert V. Dorazil
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121 / TBPLS No. F-10043100
Contact: Kevin Wier
Scale: 1" = 20' March, 2018 SEI Job No. 17-190
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LOT 10
205,511 s.f./4.72 Ac. /
J Proposed Use:
Medical Office
\ / / A
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Prop. Conc. PvmtJ
j� \ N 00°50'35"E - 298.71' - -
Conc. Pvmt.J \
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LOT 9
330,738 s.f./7.59 Ac.
Proposed Use: Retail
Pro Conc Pvmt
X380)
FRISCO
CITY
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F. 1 inch = 20 ft.
-'- -- ' PROJECT
LOCATION
Spaces @ 9'
t 12' _I- /24' °� I / LOCATION MAP
/ // NTS
Site Data Summary Table
2' Overhang 'i /
SITE DATA LOT 3. BLOCK A
Q_ I / Zoning C - Commercial
rel / / Proposed Use Restaurant W/Drive Thru
/ /�� 5 18' C _3_3 // Lot Area 0.97 Ac. (42,198 Sq. Ft.)
Building Area 2,900 Sq. Ft.
13' I I Building Height: 1 Story, 40' Max.
Lot Coverage 4.8%
Floor Area Ratio 0.048:1
2' Overhang Parking Ratio: 1 Sp./100 Sq. Ft.
/
Total Parking Required 29 Sp.
I Total Parking Provided 30 Sp. (Incl. 2 HC)
8' Dumpster W/Masonry / Total Impervious Surface 29,411 Sq. Ft.
/ Screening to Match Bldg. w
t; `I I / Required Landscape Area 15 Sq. Ft Per Pkg Sp=450 Sq. Ft.
tz I / Provided Landscape Area 2,853 Sq. Ft.
43.5' 30' /
order / Town of Prosper Site Plan Notes:
/ LOT 4
/ i o' U -- Board i IN � 1. Dumpsters and trash compactors shall be screened in accordance of the Zoning Ordinance.
/ 44,922 s1/1.03 Ac. o
/ Proposed Use: Auto. / 0 0 o HG I _
/ L0 2. Open storage, where permitted, shall be screened in accordance with the Zoning Ordinance.
/ Z Ramp m t4
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/' J I / LO i 3. Outdoor lighting shall comply with the lighting and glare standards contained within the Zoning Ordinance and Subdivision Regulation
10.5' _ 9 9 I / / �' p / LOT 2 Ordinance.
91,758 s.f./2.11 Ac.
Proposed Use: 4. Landscaping shall conform to landscape plans approved by the Town.
Restaurant
/ \
LOT 3 �� I �l 5. All elevations shall comply with the standards contained within the Zoning Ordinance.
42,417 s.f./0.97 Ac. _ 13' _ _ 24' \ 6. Buildings of 5,000 square feet or greater shall be 100% fire sprinkled. Alternative fire protection measures may be approved by the Fire
_ / \ Proposed Use: Rest. - Q- I \\ Department.
\ w/Drive Thru ^�
\ Bldg: 2,900 Sq. Ft. ;' \ 7. Fire lanes shall be designed and constructed per town standards or as directed by the Fire Department.
\ /01 I A
8. Two points of access shall be maintained for the property at all times.
Service
\ Window
9. Speedbumps/humps are not permitted within a fire lane.
1 15. N I I \1 , - 10. Handicapped parking areas and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with the
- Wtr. I 15' I requirements of the current, adopted uniform Building Code.
Esmt I - Wtr.
33' I o Esmt 11. All signage is subject to Building Official approval.
I __ h t I d t t Building Official I
- - - - - -� - - - - - - - - - - - - - - - - - - - - 12. All fences and retaining walls shall be shown on the site plan an are subject o ui ing icia approval.
-----------
Permanent Pipeline Esmt. ---- --- ------ -------�___________________
City of Irving I � HC ,�° I - - - � � �
-1 Ramp 13. All exterior building materials are subject to Building Official approval and shall conform to the approved facade plan.
Vol. 5098, Pg. 2931 DRDCT Ro
' - - = 18 14. Sidewalks of not less than six (6') feet in width along thoroughfares and five (5') in width along collectors and residential streets, and
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- - - - - - - - - T - barrier free ramps at all curb crossings shall be provided per Town standards.
N �, / 15. Approval of the site plan is not final until all engineering plans are approved by the Engineering Department.
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I 2' Overhang / 16. Site plan approval is required prior to grading release.
N /
5' �! /
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13, I // 18. All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance.
I 5 Spaces @ 9' -oo \ 4 Spaces (� 9' 30' �
\ 19. All landscape easements must be exclusive of any other type of easement.
\ 20. Impact fees will be assessed in accordance with the land use classification(s) identified on the site data summary table; however,
BFR
BLDG. SETBACK- changes to the proposed land use at the time of CO and/or finish out permit may result in additional impact fees and/or parking
�2' Overhang requirements.
I 30' -- -J
& LS EASEMENT Headlight \ �
Screening
- 6' Sidewalk 5' Sidewalk (Typ) \ 21. The approval of a site plan shall be effective for a period of eighteen (18) months from the date of approval by the Planning &
Zoning Commission, at the end of which time the applicant must have submitted and received approval of engineering plans &
I\ - building permits. If the engineering plans are not approved, together with any preliminary site plan for the property, is null and void.
_-r-
OHE _ N 89°09'25" W 142.00' Note: LEGEND
- - - 6nE UnE OHE OHE OHE OHE OHE - -
------- ---------------------- OH OHE OHE: - 0#E_ r_ OHE OHE OHE OHE OHE-
_ _ _ _ _ _ _ _ _ _ 1. All curb radii are 2' or 5' unless FIRELANE, ACCESS, DRAINAGE
- - - - - - - otherwise noted. I I & UTILITY EASEMENT
� -�-�--_-_--- r -------------'------- BFR ��/
------- -----------_-_ 2. All dimensions are to the face
---- - ----(ByOthers)r ---- - --
_ of curb, or the edge of building.
- - - - - - - - - - - - - - - - Prop. - _ - - 3. Full width landscape islands to
_�_=_` -------- --- -
------____�-___--------� - yo ---Driveway - - - - -
--------------- be provided upon development of
--- -____----- - _ ---------------- Lots 3 and 4. CASE No. e S18-0003
---------- - ------------
U.5. HIGHWAY 380
Variable width ROW
iwy. mu
vents
Ordinance No. 18-36, Page 5
OWNER/APPLICANT
Northwest 423/380 LP
7001 Preston Road, Suite 410
Dallas, Texas 75205
Telephone (214) 224-4600
Contact: Robert Dorazil
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
TBPE No. F-2121
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
Contact: Kevin Wier
BLOCK A, LOC 3
0.97 Acres
SITUATED IN THE
A. JAMISON SURVEY, ABSTRACT NO. 672
TOWN OF PROSPER, DENTON COUNTY, TEXAS
Scale: 1" = 20' February, 2018 SEI Job No. 17-191 /