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O-2023-38 Rezoning 13.3 Acres SF-15 to PD-Retail MQ Prosper NorthTOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-38 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 13.3 ACRES, MORE OR LESS, SITUATED IN COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172, TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY-15 (SF-15) TO A NEW PLANNED DEVELOPMENT-120, 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 (Case Z21- 0003) from MQ Development Partners (collectively, "Applicants"), to rezone 13.3 acres of land, more or less, in the Collin County School Survey, Abstract No. 172, Town of Prosper, Collin County, Texas, from Single Family-15 (SF-15) to Planned Development-120, (PD-120) 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 Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance, as amended, is hereby amended as follows: The zoning designation of the below described property containing 13.3 acres of land, more or less, in the Collin County School Survey, Abstract No. 172, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-120 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 Planned Development District shall conform to, and comply with (1) the Statement of Intent and Purpose, attached hereto as Exhibit B; (2) the Development Standards, attached hereto as Exhibit C; (3) the Site Plan, attached hereto as Exhibit D; (4) the Landscape Plan , attached hereto as Exhibit E-1; (5) the Fagade Plans, attached hereto as Exhibit F-1, F-2, and F-3; and (6) the Screening Plan, attached hereto as Exhibit G, all of which are incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval 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/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, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force Ordinance No. 2023-38, Page 2 and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper's Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF MAY, 2023. David F. Bristol, Mayor ATTEST: Lu U=L-w L"A""s i tj 0,A.il..l," Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 2023-38, Page 3 � OF PRE � s 191k / TEXA$/ «...00[LIn93nh 3�Y'}luy}inf .,w_..., xiw.�q��ll]xd,,,�3pOv� s3a�v ol'£•E� �..�.�r,... 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HA.L83i1 d1 69Z AVMNSIH 31tl1S Exhibit A PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF COLLIN § BEING a tract of land situated in the COLLIN COUNTY SCHOOL SURVEY, ABSTRACT NO. 172, City of Prosper, Collin County, Texas and being all of the same tract of land as described in deed to MQ Prosper North LLC, recorded in County Clerk's File No. 20161229001766390, Official Public Records, Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being situated in the Easterly right-of-way line of State Highway 289 (Preston Road, variable width right-of-way) and being the Northwest corner of Lot 3X, Block A, The Montclair, an addition to the Town of Prosper, Collin County Texas, according to the plat thereof recorded in County Clerk's File No. 20170925010004560, O.P.R.C.C.T.; THENCE North 88 deg 39 min 55 sec West, a distance of 93.55 feet to the centerline said State Highway 289 to a point for corner; THENCE North 01 deg 20 min 05 sec East, along said centerline of State Highway 289, a distance of 652.03 feet to a point for corner; THENCE South 88 deg 39 min 55 sec East, a distance of 80.16 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner, said iron rod being the Northwest corner of said MQ Prosper North LLC tract; THENCE North 89 deg 20 min 16 sec East, departing the Easterly right-of-way line of said State Highway 289 and along the North line of said MQ Prosper North LLC tract, a distance of 914.83 feet to a 1/2-inch iron rod with plastic cap stamped "WESTWOOD" found for corner, said iron rod being the Northeast corner of said MQ Prosper North LLC tract; THENCE South 06 deg 07 min 02 sec East, departing the north line and along the East line of said MQ Prosper North LLC tract, a distance of 39.97 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner, said iron rod being the Northeast corner of a tract of land (Tract 1) as described in deed to Lisa Coulter, recorded in County Clerk's File No. 20150721000897920, O.P.R.C.C.T.; THENCE South 62 deg 57 min 39 sec West, departing the East line of said MQ Prosper North LLC tract and along the Northerly line of said Lisa Coulter tract, a distance of 389.84 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE South 06 deg 10 min 33 sec East, departing said Northerly line and along the Westerly line of said Lisa Coulter tract, a distance of 223.85 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE North 62 deg 52 min 03 sec East, departing said Westerly line and along the Southerly line of said Lisa Coulter tract, a distance of389.84 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, from which a 1/2-inch iron rod with yellow plastic cap stamped "ROOME" found, bears North 02 deg 50 min 16 sec East, a distance of 1.30 feet; THENCE South 05 deg 25 min 34 sec East, departing the Southerly line of said Lisa Coulter tract and along the Easterly line of said MQ Prosper North LLC tract, a distance of 280.07 feet to a point for corner from which a 1/2- inch iron rod with yellow plastic cap stamped "VORTEX" found, bears South 09 deg 16 min 08 sec East, a distance of 0.22 feet, said point being situated in the Northerly line of The Montclair, an addition to the Town of Prosper, Collin County, Texas, according to the plat thereof recorded in Cabinet 2017, Page 776, O.P.R.C.C.T.; Exhibit A THENCE South 82 deg 49 min 43 sec West, along the Northerly line of said The Montclair Addition, a distance of 529.60 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner at the Northeast corner of Lot 1, Block B of said The Montclair Addition; THENCE South 07 deg 10 min 17 sec East, departing the Northerly line and along the Easterly line of said Lot 1, Block B, a distance of 104.25 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE South 55 deg 02 min 25 sec West, departing the Easterly line and along the Southerly line of said Lot 1, Block B, a distance of 63.23 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner and the beginning of a non -tangent curve to the right having a radius of 1,159.50 feet, a central angle of 05 deg 18 min 54 sec, a chord bearing of South 87 deg 34 min 54 sec West and a chord length of 107.52 feet; THENCE continuing along said Southerly line and along said non -tangent curve to the right, an arc distance of 107.56 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner at the Southeasterly end of a corner clip at the intersection of the Northerly right-of-way line of St. Peter Lane (80' right-of-way) and the Easterly right-of-way line of Emerald Trace Drive (50' right-of-way); THENCE North 43 deg 30 min 45 sec West, along said corner clip, a distance of 13.89 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner at the Northwest end of said corner clip and the beginning of a non -tangent curve to the right having a radius of 275.00 feet, a central angle of 02 deg 08 min 31 sec a chord bearing of North 04 deg 36 min 06 sec East and a chord length of 10.28 feet; THENCE along the Easterly right-of-way line of said Emerald Trace Drive and along said non -tangent curve to the right, an arc distance of 10.28 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner; THENCE North 84 deg 19 min 39 sec West, a distance of 50.00 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being situated in the Westerly right-of-way line of said Emerald Trace Drive and the Easterly line of Lot 1, Block A of said The Montclair Addition and also being the beginning of a non -tangent curve to the left having a radius of 325.00 feet, a central angle of 02 deg 34 min 08 sec, a chord bearing of South 04 deg 23 min 18 sec West and a chord length of 14.57 feet; THENCE along said Westerly right-of-way line and the Easterly line of said Lot 1, Block A and along said non - tangent curve to the left, an arc distance of 14.57 feet to a 1/2-inch iron rod with red plastic cap stamped " W.A.I. 5714" set for corner, said iron rod being at the Northeasterly end of a corner clip at the intersection of the Westerly right-of-way line of said Emerald Trace Drive and the Northerly right-of-way line of said St. Peter Lane; THENCE South 46 deg 49 min 35 sec West, along said corner clip and the Easterly line of said Lot 1, Block A, a distance of 14.24 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner at the Southwest end of said corner clip; THENCE North 88 deg 34 min 14 sec West, departing said corner clip and along said Northerly right-of-way line, and the Southerly line of said Lot 1, Block A, a distance of 100.71 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner and the beginning of a curve to the right having a radius of 260.00 feet, a central angle of 05 deg 17 min 50 sec, a chord bearing of North 85 deg 55 min 20 sec West and a chord length of 24.03 feet; THENCE continuing along said Northerly right-of-way line and the Southerly line of said Lot 1, Block A and along said non -tangent curve to the right, an arc distance of 24.04 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being the Southwest corner of said Lot 1, Block A and the Southeast corner of Lot 3X, Block A of said The Montclair Addition; THENCE North 01 deg 25 min 46 sec East, departing the North right-of-way line of said St. Peter Lane, the South line of said Lot 1, Block A and along the Westerly line of said Lot 1, Block A and the Easterly line of said Lot 3X, Block A, a distance of 96.43 feet to a 1/2-inch iron rod with yellow plastic cap stamped "VORTEX" found for corner, said iron rod being the Northwest corner of said Lot 1, Block A and the Northeast corner of said Lot 3X, Block A; Exhibit A THENCE South 82 deg 49 min 43 sec West, along the Northerly line of said Lot 3X, Block A, a distance of 108.04 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 13.310 acres or 579,776 square feet of land, more or less. Bearings shown hereon are based upon an on -the -ground Survey performed in the field on the I3th day of February, Z21-0003 EXHIBIT C PLANNED DEVELOPMENT CONDITIONS MQ PROSPER NORTH Al. Statement of Effect: Lots 1-9, Subdistrict A, shall develop under the regulations of the Retail (R) District of the Town's Zoning Ordinance as it exists or may be amended except as otherwise set forth herein. Lots 10 and 11, Subdistrict B, shall develop under the regulations of the Single Family-15 (SF-15) District of the Town's Zoning Ordinance as it exists or may be amended except as otherwise set forth herein. A2. Development Plans (Retail and SF-15 Districts); Exhibit — D Concept Plan, Exhibit — E Landscape Plan; Exhibits F-143 Building Elevations; Exhibit - G Screening Plan Permitted Uses. Subdistrict A, for Lots 1-7, conditional development standards (C) must be met per the Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses shall be permitted as a Specific Use with the approval of a specific use permit (SUP). Building and parking lot development is prohibited on Lots 8 and 9. List of Permitted Uses: 1. Administrative, Medical or Professional Office 2. Alcoholic Beverage Sales for off -premise consumption on Lots 1 and 5 by SUP only 3. Antique Shop 4. Artisan's Workshop 5. Bank, Savings and Loan, or Credit Union, Lots 1-7 only; walk-up or drive -through ATM's are allowed but teller window bank drive through lanes are prohibited 6. Beauty Salon, Barber Shop, Lots 1-5only 7. Business Service, Lots 1-5 only 8. Child Care Center, Licensed, only one permitted in PD, Lots 2, 3 and 4 by SUP only 9. Dry Cleaning, Minor 10. Furniture, Home Furnishings and Appliance Store, Lot 3 11. Health/Fitness Center, Lots 1-4 12. Insurance Office, Lots 1-5 13. Massage Therapy, Licensed, Lots 1-5 14. Print Shop, Minor, Lots 1-5 15. Restaurant, Lots 1- 7 only (May include outdoor entertainment in Lots 1, 6, and 7 provided speakers face west away from the single family residential to the east.) a. Restaurants with Drive -through will require a Specific Use Permit. 16. Retail Stores and Shops, Lots 1-7 17. Retail Service, Indoor, Lots 1-7 only 18. Retail/Service Incidental Use, Lots 1-7 19. School, Private 20. Theatre, Neighborhood, Lot 3 by SUP only Permitted Uses, Subdistrict B: For Lots 10 and 11, permitted uses are those uses allowed in the SF-15 District, Section 5.3 of the Zoning Ordinance, Town of Prosper. A3. Regulations. For Lots 1-9, development is subject to the Retail District except for the following regulations: 1. Maximum Height a. Buildings on Lots 1-7 are limited to one story and a maximum of 30 feet in height. 2. Building Setbacks a. For Lots 1-7, the minimum building setback from an interior property line is 5 feet, except that patios may encroach into interior lot line setbacks on Lots 1, 6 and 7. Patios may not encroach into required landscape setbacks. 3. Maximum Floor Area: Amendment to the Concept Plan is not required for modifications to the building floor area shown at permit application provided the following criteria is met: a. Compliance with off-street parking regulations is maintained for the PD District as a whole. b. The proposed building floor area does not cause a substandard condition or violate any other applicable development standard. c. The proposed building floor area does not exceed the following parameters for each lot: Lot 1: 8,500 square feet; Lot 2: 9,000 square feet; Lot 3: 15,000 square feet; Lot 4: 5,500 square feet; Lot 5: 6,000 square feet; Lot 6: 6,600 square feet; and, Lot 7: 7,500 square feet. A4. Design Guidelines. For Lots 1-7, the development shall adhere to the following design guidelines: Elevation Review and Approval a. Building Elevations shall substantially conform to the Concept Elevations provided in Exhibits F-1, F-2 and F-3. b. Building Materials in addition to the building materials permitted in Chapter 4, Section 8 of the Zoning Ordinance, as exists or may be amended, such materials shall also include Architectural Structural Block, under the trade name "Quik Brick" (a 4" manufactured concrete masonry unit) and cultured stone (manufactured) individually stacked, as provided in the building elevations Exhibits F-1— F-3 which is a part herein. The clay -fired brick colors used in Exhibits F-1— F-3 shall be consistent throughout the Planned Development District. Split -faced block, architectural concrete block, and painted/textured concrete tilt wall shall be limited to a maximum of ten percent (10%) of any single elevation on any pad site. A 5. Additional Standards 1. Open Space a. Lots 8 and 9, as depicted on the Exhibit D, shall be maintained as open spaces. Lot 9 shall contain an amenity pond b. The amenity pond in Lot 8 shall contain an operable fountain. c. Lots 8 and 9 improvements shall be developed at the time of construction of phase 1. d. Lots 8 and 9 improvements shall be constructed at the developer's cost. e. Lots 8 and 9 shall be maintained by the property owner, or property management association. Hike and Bike Trail a. An 8-foot wide hike and bike trail is required as noted in Lots 2 and 8. b. The hike and bike trail shall be constructed at the time of construction of phase 1. c. The section of hike and bike trail located on Lots 2 and 8 shall be constructed at the developer's cost. 3. Landscaping shall adhere to the Landscape Plan, Exhibit E-1 and E-2. a. A minimum 30-foot landscape easement is required along Preston Road in Lots 1, 6 and 9. The perimeter trees and shrub requirement may be satisfied through a combination of existing and proposed trees per Landscape Plan, Exhibit E-1. b. A berm is required in the landscape easement along Preston Road in Lot 1. Alternative berming is required in the two areas generally identified on the west side of Lots 6 and 9 per the Concept Plan and Landscape Plan. c. A minimum 15-foot landscape easement is required along Saint Peter Lane in Lots. d. Perimeter landscaping shall generally comply with the Landscape Plan, Exhibit E-1 and E-2. 4. Landscape, parking lots. Parking lot landscaping shall comply with Section 2 of Prosper Development Requirements. 5. Landscape Requirements for Certificate of Occupancy. All perimeter landscaping along Preston Road and Saint Peter Lane and all parking lot landscaping within an individual lot shall be installed prior to issuance of a certificate of occupancy (CO). 6. Lot Frontage a. Lots are not required to front on a public right-of-way provided each lot has access to a dedicated public access, fire lane and utility easement. 7. Perimeter Screening/Fencing. Perimeter screening and fencing shall be provided as shown on the Perimeter Screening Plan, Exhibit H. a. Perimeter screening or fencing is not required along the following perimeters adjacent to residentially zoned property: i. northern perimeter of Lot 1 ii. eastern, northern, and portions of the southern perimeters of Lot 8 iii. the northern, eastern and southern perimeters of Lot 10, contiguous to residentially zoned property b. Perimeter screening is required as follows: a minimum 6-foot tall ornamental metal fence is required along a portion of the southern perimeter of Lot 8, along a portion of the eastern perimeter of Lot 2, and all of the eastern perimeter of Lot 3. Refer to Vegetative Screening Buffer requirements below for vegetative perimeter requirements. ii. a minimum 6-foot tall masonry wall is required along the shared perimeter of Lots 4 and 10. Refer to Vegetative Screening Buffer requirements below for additional perimeter requirements. 8. Vegetative screening buffer requirements a. A continuous vegetative hedge is required along a portion of the eastern perimeter of Lot 2 and extending along the entire perimeter of Lot 3 as shown on the Landscape Plan. The vegetative hedge shall be made of a row of shrubs that grow to a minimum height of 8 feet at maturity. A row of trees is also required in the 15' Landscape Setback as noted in Lots 2 and 3 on the Concept Plan and Landscape Plan. A row of evergreen trees is required along the shared perimeter of Lots 4 and 10. 9. Parking Requirements. For parking purposes in satisfying off-street parking requirements in Subdistrict A, Lots 1-7 are considered one lot. A6. Additional Provisions: Restaurants located on Lots 1, 6 and 7 may have outdoor dining patios oriented toward the open space (Lot 9). Detention facilities are permitted to be dry ponds, subject to compliance with Town of Prosper Stormwater Regulations, and review and approval by Town Engineering. The residential tracts shall be incorporated into Lot 10 by replat through the Town's subdivision platting process. 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