O-2023-39 Rezone 5.7 Acres PD-Office - Marriot Hotel West Side Mahard/South Prairie Dr.TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-39
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 5.7 ACRES, MORE OR LESS, SITUATED IN COLLIN
COUNTY SCHOOL SURVEY, ABSTRACT NO. 147, TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, FROM OFFICE (0) TO PLANNED DEVELOPMENT-
122, 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 Z22-
0002) from Prosper Villages at Legacy LLC (collectively, "Applicants"), to rezone 5.7 acres of
land, more or less, in the Collin County School Survey, Abstract No. 147, Town of Prosper, Collin
County, Texas, from Office (0) to Planned Development-122, (PD-122) 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 5.7acres of land, more or less, in the Collin County School Survey, Abstract No. 147,
Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous and/or
adjacent thereto are hereby zoned as Planned Development-122 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; (5) the Fagade Plans, attached hereto as Exhibit F, 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
Sever 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. 2023-39, Page 2
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 27TH DAY OF JUNE, 2023.
David F. Bristol, Mayor
ATTEST:
-LA4. 0-,L� Lum"
S, oa
Michelle Lewis Sirianni, Town Secretary 0F PC)�
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney 1914
ltx�S
Ordinance No. 2023-39, Page 3
§
---�--------------
}j
}
(\z r
�
i
�
_
�
�
i
.—
------�--
.
` _TO PROPOSED
ZONa
�
9AHARD PARKWAY
f�
%
H
||§})
§q
§\
2/i
^j
\)
z2
`
--I
\}
\
>
>
_
�
�
�
|
)PROSPER
m
HOTEL
§|`
a«Iw
PRAIRIEDRIVE wf
»
_
71\-. - I
PROSPER, __
Being a 5.74 acre tract or parcel of land situated in the Collin County School Land Survey, Abstract
Number 147 in Collin County, Texas and being a portion of Lot 2, Block D, of the Revised Conveyance
Plat of Prosper Center, recorded in Volume 2018, Page 308 of the Plat Records of Collin County, Texas
and being more particularly described by metes and bounds as follows:
BEGINNING at a capped 5/8" iron rod stamped "KHA" found at the Northeast corner of said Lot 2;
THENCE South 00°26'47" West, with the East line of said Lot 2, a distance of 735.00 feet;
THENCE over and across said Lot 2 the following courses and distances:
North 89°40'36" West, a distance of 340.00 feet;
North 00°26'47" East, a distance of 735.00 feet the North line of said Lot 2;
THENCE South 89°40'36" East, with the North line of said Lot 2, a distance of 340.00 feet to the POINT
OF BEGINNING and containing 5.74 acres of land more or less.
ENGINEERING
Exhibit B
January 18, 2022
Mr. Alex Glushko
Planning Manager
Town of Prosper
250 W. First Street
Prosper, Texas 75078
Re: PD Zoning Request
Prosper Hotel — 5.74 Acre Tract
Letter of Intent
Dear Alex,
Please let this letter serve as the Letter of Intent for the PD Zoning request
associated with the proposed hotel development located at the intersection of
Mahard/Prairie Drive. The subject tract is currently zoned office based PD. This
proposed PD zoning would accommodate the development of a hotel use on
approximately 5.74 acres in accordance with the attached zoning site plan
exhibit. The specific PD standards requested as part of this submittal are further
detailed in Exhibit C attached.
Should you have any questions, please feel free to contact me.
Sincerely,
Claymore Engineering, Inc.
301 S. Coleman, Suite 40
Prosper, TX 75078
817-201-6982
Matt Moore, P.E.
ENGINEERING
Exhibit C — Planned Development Standards
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town's
Zoning Ordinance (Ordinance No. 05-20 as it currently exists or may be amended) and
the Subdivision Ordinance (Ordinance No. 17-41 as it currently exists or may be
amended) shall apply. Except as noted below, the Tract shall develop in accordance
with the Office (0) District, as it exists or may be amended.
1. Development Plans:
A. Concept Plan: The tract shall be developed in general accordance with the attached
concept plan, set forth in Exhibit D.
B. Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibit F.
C. Landscape Plan: The tract shall be developed in general accordance with the
attached landscape plan, set forth in Exhibit G.
2. Uses: Uses shall be permitted in accordance with the Office (0) District with the
addition of the following:
A. Limited Service Hotel
3. Regulations: Regulations shall be permitted in accordance with the Town's Zoning
Ordinance (Ordinance No. 05-20 as it currently exists or may be amended) and the
Subdivision Ordinance (Ordinance No. 17-41 as it currently exists or may be amended)
and only modified as follows:
A. Maximum Height:
a. Limited -Service Hotel uses shall be no greater than Four (4) stories or Fifty -
Five (55) feet in height.
b. Limited -Service Hotel uses shall be subject to Access to guest rooms shall be
restricted to exclusively to interior corridors.
c. External balconies and walkways shall be set back 200 feet from any residential
zoning district.
d. Limited Service Hotel shall provide management staff on site 24 hours a day.
ENGINEERING
e. Limited Service Hotel shall provide the following amenities.
• A 1000 square foot conference room
• Outdoor pool
• Fitness center
• Jogging trail
• Outside patio with Webber Grill, fire pit, darts and cornhole
• Daily housekeeping service
• Daily breakfast
f. Utility Easements shall be allowed to overlap required landscape setbacks, buffers,
and easements.
I
xi
ggR
7ffF
I -.I
kv
i
r
_{r
•YILI,
R,I
! L' I!
II
III
`Lr I
..I1.
ON if
all-
iy yD�
]y]�
rti
5 g m �"_
R
yl
� I
�
�
J-
f�L•
II
I raM' �6
`
_ btr NNlh
t
S
N
re
of
101WripMfl/YN
e
-
� I
55. �'
rwl.na.ww
c
—..—------^^
- _�=_
-
_� _-y- _--�....
. 4
wnn..uY
�ror+ea.
g"
.........
_�..
MAHARD PARKWAY
N;
g
/
■
Vlfi
Qe
8
IR
d $9
NN
yy r
RL
iif
i ny
p k
I I
PROSPER PREMIER HOTEL
�
a
y
"
x
EXHIBIT
D
MARRIOTT TOWN PLACE SUITE
PRAIRIE DRIVE AND
1
d
MAIIARD R, KEY
g B
IV-G
!1
w..-
PROSPE
ENGINEERING
Exhibit E — Prosper Hotel PD
Below is an anticipated project schedule for the proposed Prosper Hotel Development Schedule
in accordance with the submittal checklist. This schedule is conceptual and subject to change
based on permitting/entitlements. Once obtained, then the permitting approvals will start with
the Town.
Zoning Submittal to Town — 1/18/22
Zoning Approval from Town — 6/12/22
Development of the hotel will depend on market demands but we would anticipate that the
project will proceed immediately for permit and construction given the necessary approvals.
Thank you and please call if you have any comments or need additional information.
Sincerely, a dam/
//
Matt Moore, P.E.
' i•swnr =aiv`c. �
r _ L - ; •. _ -- le p �1 r I
its
NMI -i
F! Na 1
a EGy g'n:e°
�eK€ag�PHsr�7
? S
is te
° ." s �__'-�" ` —.-� ...�.° VAfW1Y •A14ifId'11' � � n .�
7.
oil
Z I
>
® 0
>
®
o Q
"
r
I.WuH3'8}eM"s 11!
ya
i 3Si r9{•�1 �]t
€i a 5,e SI�.
�•,':5
T V
N
5[y �IH
�j
m @I�E�I•siJJs Eg �il
r_ ew
Iit3'r?3�{,
]1`
i aF i;Ii��
ii `J•!`?
ZO
o
�u
•� SaFF(°'s$Ij �i•,e$
ZI2 ''Jj: 1.. PF =�
Jf�ff�i .oJ
i aI3 r ,,I Ep!F�9
� �
O
8
p
o n_ y o v
i ° r i
v n
< n - <8
9i9tS
3� SS4a�; �'sp!_
51
p4^^-31�J
5%i e4
m
°
€
CC9 �! Se I.
3 Y8 -
F 38 g
'� -_ 13 'a -- •�
-j3fs�
De �- 6s
£iq6 a
I R a �;]sE
o
o
S -
O f� I!
e
f J ea. at
i rn
"rs
e 11I
c
�I 6
o
Ins 5H 3S,6eo�no�cb$NygFK@23�waz�°� m
€°doo=
:A4"mon F�ou z
M. ain=m pn
�=mgm,z�s�e z Q" ° �"°" $ ° �xJ ■§ �gm�oiaon.no[.o:'w ^�.a" �€Y�=„mi.smz°E$B?.�=o; ga ms$=s zz rn €y"<- A- ARa O<Sg g�_5 m>o3aoso.m>$°"'6 ®;p
kik L €EZ S°ITl
nyn3 � =x =MH m m — —
"c zT54'€^'ps F£'i9og`€o=ama m s %m� r C .-►
goE o msg7WH m ao m m,= Fs z°
V€
s €; i f ss a § ' ^gR$ � gP€� "z n i_ v Nx��° rx mem rWN
."WR
s- 3 a oar$"' -�i,
Jill
z.
s ZFF
PROSPER PREMIER HOTEL
MARRIOTT TOWNPLACE SUITE
PROSPER, TEXAS Uv
ILI TNGyINEERI
INE iLANDSCAPE PLANTING PRAIRIE DRIVE AND
MANAR
•_
m
X
Q
'-h
m
F g Ilan FFE1�elailF'.FFad€Fill
i
€�R ➢n�:Ya:�z�=oa=sx $ €¢€-;go.sg��, =a== ="o.oHa. z°mE��m
`��: �%�" f��°= �m� ���<€➢o.m�^g5 €'=.o R��S:°R'y g°i �.>fRom'�"mg
o sexu 6¢0 jPip
_n n =,nv 59 vw= = om= _=
Noa g;y
'Se E tia - _?s-safz
fao €
0000
�I
4101
F ygg f" ?
nIR
a`n€
s I
�>
s
\ J
cx s €y
0p00
33000
�
U
£
n w a
NAT
6 �c 3
a 00k0k0 z I €
m
z
z 000 000 00
000 000 00rr O 00 00
00,
8
IM
PROSPER PREMIER HOTEL' , t" MARRIOTT TOWNPLACE SUITE P "',
y LANDSCAPE PLANTING PRAIRIE DRIVE AND
DETAILS & SPECIFICATIONS 1 ` " ` MAHARD PARKWAY L N NINE C E R I N%i
PROSPER TEXAS _ _
L
j t I I
50
i 1aI�I k J d� Y a 1
r i
�7G Z -�
A ,�
U I +z
-•r•---r�'
T-T
t�pI
- ,
X a �
I
_ 1 TownePlace Suites - MARRIOTT
f > • PRAIRIE DRIVE AND MAHARD PARKWAY
PROSPER. TEXAS - 75078 s = e 4 ?
6 0 roe 1 v
7a PROSPI?R PREMIER HOTEL, LLC 1{ �
Q 6401 P.LDARADO PKIC'Y, STE 338 $ -v
75070
EMAIL: DIIIAL0102@GMAILCOhf
R
C
z
! TownePlace Suites - MARRIOTT
PRAIRIE DRIVE AND MAHARD PARKWAY
I i PROSPER. TEXAS - 75078
FOR
PROSPFR PRENHER f OFEL, LLC
6401 ELDARIDO PKWY, STE 339
! MCKINNEY,'I'X 75070
! + EMAIL: DIPAL0102C(311r\ILCOAI