2025-15 O - Specific Use Permit Drive-Through Restaurant on Frontier Retail Center East Side of Dallas Parkway (Chick-fil-a)TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2025-15
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROPSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY GRANTING A SPECIFIC
USE PERMIT (SUP) TO ALLOW A DRIVE -THROUGH RESTAURANT ON A
TRACT OF LAND CONSISTING OF 2.8 ACRES, MORE OR LESS, SITUATED
IN FRONTIER RETAIL CENTER REVISED, BLOCK A, LOTS 1 AND 2, IN THE
TOWN OF PROSPER, COLLIN 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 (Case ZONE-
24-0021) from Priya Acharya ("Applicant") for a Specific Use Permit (SUP) for a Drive -Through
Restaurant, on a tract of land zoned Planned Development (PD-69), consisting of 2.8 acres of
land, more or less, in Frontier Retail Center Revised, Block A, Lots 1 and 2, in the Town of
Prosper, Collin County, Texas, and being more particularly described in Exhibit "A-1" and Exhibit
"A-2", 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, and public hearings have been held on the
proposed rezoning and all other requirements of notice and completion of such zoning 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 rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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 is amended
as follows: Applicant is granted a Specific Use Permit (SUP) for a Drive -Through Restaurant, on
a tract of land zoned Planned Development (PD-69), consisting of 2.8 acres of land, more or less,
in Frontier Retail Center Revised, Block A, Lots 1 and 2, Town of Prosper, Collin County, Texas,
and being more particularly described in 1) the Property Legal Description, Exhibit "A-1" and 2)
Survey, Exhibit "A-2", 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 (1) the Site Plan, attached hereto as Exhibit "B", (2) the
Landscape Plan, attached hereto as Exhibit "C", and 3) the Fagade Plan, attached hereto as
Exhibit "D", which are incorporated herein for all purposes as if set forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
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
Case No. ZONE-24-0021 Ordinance No. 2025-15, Page 2
expressly provided that 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
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 THE 22ND DAY OF APRIL, 2025.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-24-0021 Ordinance No. 2025-15, Page 3