O-2024-14 Amending Zoning Ordinance Conditional Development Standards for Location Requirements of Gas PumpsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2024-14
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBPART 3, "GAS PUMPS," OF SUBSECTION 1.4,
"CONDITIONAL DEVELOPMENT STANDARDS," OF SECTION 1, "USE OF
LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS," OF THE TOWN'S ZONING ORDINANCE; AMENDING
SUBPART 17, "CONVENIENCE STORE WITH GAS PUMPS," OF
SUBSECTION 1.4, "CONDITIONAL DEVELOPMENT STANDARDS," OF
SECTION 1, "USE OF LAND AND BUILDINGS," OF CHAPTER 3, "PERMITTED
USES AND DEFINITIONS," OF THE TOWN'S ZONING ORDINANCE;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS, 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, after public notice and public hearing as required by law, the Planning &
Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town's
Zoning Ordinance to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon due
deliberation and consideration of the recommendation of said Planning & Zoning Commission
and of all testimony and information submitted during said public hearing, the Town Council of the
Town of Prosper, Texas, has determined that it is in the public's best interest and in furtherance
of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town's
Zoning Ordinance 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
From and after the effective date of this Ordinance, existing Subpart 3, "Gas Pumps," of
Subsection 1.4, "Conditional Development Standards," of Section 1, "Use of Land and Buildings,"
of Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning Ordinance, is hereby
amended to read as follows:
"CHAPTER 3 PERMITTED USES AND DEFINITIONS
SECTION 1. USE OF LAND AND BUILDINGS
1.4 CONDITIONAL DEVELOPMENT STANDARDS
3. Gas Pumps. Gas pumps shall be subject to the following development standards:
a) Gas Pumps are permitted only within 200 feet of the right-of-way lines of
intersecting major thoroughfares. When Gas Pumps are associated with a
minimum 50,000 square foot grocery store or Big Box, the gas pumps may be
a distance greater than 200 feet from the right-of-way lines of intersecting major
thoroughfares;
b) Gas Pumps are permitted at a maximum of two corners at an intersection of
two major thoroughfares;
c) Canopies shall have pitched roofs;
d) Canopy support columns shall be entirely masonry encased;
e) A raised landscape planter of the same material as the masonry columns shall
be provided at both ends of all pump islands. Raised landscape planters shall
be between 18 inches and 24 inches tall and a minimum of four feet wide and
four feet long;
f) Raised planters shall be landscaped with a combination of shrubs and ground
cover as approved by the Director of Planning, or his/her Designee.
g) Landscape island(s) totaling a length equal to 50 percent of the canopy
perimeter and a minimum of six feet wide shall be provided for screening and
traffic flow purposes. These areas shall have a minimum of one ornamental
tree per 12 linear feet or portion thereof and one five -gallon shrub per one linear
foot arranged as approved by the Director of Planning, or his/her Designee.
h) Use shall be removed if closed for more than six months; and
i) The canopy band face shall be of a color consistent with the main structure or
an accent color and may not be backlit."
SECTION 3
From and after the effective date of this Ordinance, existing Subpart 3, "Gas Pumps," of
Subsection 1.4, "Conditional Development Standards," of Section 1, "Use of Land and Buildings,"
of Chapter 3, "Permitted Uses and Definitions," of the Town's Zoning Ordinance, is hereby
amended to read as follows:
"CHAPTER 3 PERMITTED USES AND DEFINITIONS
SECTION 1. USE OF LAND AND BUILDINGS
1.4 CONDITIONAL DEVELOPMENT STANDARDS
17. Convenience Store With Gas Pumps. Convenience Stores with Gas Pumps
shall be subject to the following development standards:
a) Permitted in the designated districts only within 200 feet of the right-of-way
lines of intersecting major thoroughfares. When the Convenience Store with
Gas Pumps is associated with a minimum 50,000 square foot grocery store or
Big Box, the gas pumps may be a distance greater than 200 feet from the right-
of-way lines of intersecting major thoroughfares;
b) Gas Pumps are permitted at a maximum of two corners at an intersection of
two major thoroughfares;
Case No. ZONE-23-0039 Ordinance 2024-14, Page 2
c) The distance requirement from any residential zoning district as established in
Section 9.11 of Chapter 4 shall apply.
d) Canopies shall have pitched roofs;
e) Canopy support columns shall be entirely masonry encased;
f) The canopy band face shall be a color consistent with the main structure or an
accent color and may not be backlit; and
g) Use shall be removed if closed for more than six months."
SECTION 4
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. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
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 5
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 from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 6
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 7
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF JANUARY, 2024.
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David F. Bristol, Mayor
ATTEST:
S. f,-;�3LA�
Michelle Lewis Sirianni, Town Secretary
Case No. ZONE-23-0039 Ordinance 2024-14, Page 3
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-23-0039 Ordinance 2024-14, Page 4