15-46 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-46
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 12.34 ACRES, MORE OR
LESS, SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411,
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE
ZONED COMMERCIAL (C) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -RETAIL (PD -R);
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 Zoning Ordinance No. 05-20 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Lowe's
Home Centers, LLC. ("Applicant") to rezone 12.34 acres of land, more or less, situated in the
Jeremiah Horn Survey, Abstract No. 411, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into 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, 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 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
Amendments to Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below -described property containing 12.34 acres of
land, more or less, situated in the Jeremiah Horn Survey, Abstract No. 411, in the Town of
Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous
and/or adjacent thereto is hereby rezoned as Planned Development -Retail (PD -R). The
property as a whole and the boundaries for each zoning classification are 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 planned development standards, attached hereto as Exhibit "C"; 3)
the concept plan, attached hereto as Exhibit "D"; 4) the development schedule, attached hereto
as Exhibit "E"; 5) the conceptual elevations, attached hereto as Exhibit "F", and 6) the
conceptual landscape plan, attached hereto as Exhibit "G", which are incorporated herein for all
purposes as if set forth verbatim, subject to the following condition of approval by the Town
Council:
1. The parking row islands shall provide ground cover, grasses, shrubs, boulders, etc., in
conjunction with decomposed granite.
Except as amended by this Ordinance, the development of the Property within this Planned
Development District must comply with the requirements of all ordinances, rules, and
regulations of Prosper, as they currently exist or may be amended.
Three original, official and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. Two (2) copies shall be filed with the Town Secretary and retained as original
records and shall not be changed in any matter.
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.
Written notice of any amendment to this District shall be sent to all owners of properties
within the District as well as all properties within two hundred feet (200') of the District to be
amended.
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 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
Ordinance No. 15-46, Page 2
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
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 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 PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF JULY, 2015.
ATTEST:
of yn B 1 , awn ecret ry .
APPROVED AS TO FORM AND LEGALITY:
g-�n
Terrence S. Welch, Town Attorney
Ray Smit , Mayor
Ordinance No. 15-46, Page 3
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-Exhibit 13 -
Statement of Intent & Purpose
The Applicant intends to develop a home improvement store along with a garden center. A
Kohl's Department Store was originally planned on the property along with a 25,000 sf retail
development. Most of the existing infrastructure has been constructed. The proposed home
improvement building is currently planned to be approximately 112,000 square feet along with a
28,000 square feet garden center. In addition to the home improvement store, the plan is to
develop a 1.33 acre outparcel in the existing parking lot. The outparcel building is currently
planned to be restaurant and retail with approximately 8,500 square feet.
Ordinance No. 15-46, Page 6
-Exhibit C -
Planned Development Standards
Conformance with the Town's Zoninq 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 exists or may be amended) and the Subdivision
Ordinance (as it exists or may be amended) shall apply.
Tract A Retail District
A.1 Except as noted below, the Tract shall develop in accordance with the Retail District, as it
exists or may be amended.
A.2 Development Plans
1. Concept Plan: Development shall be in conformance with the attached concept plan,
set forth in Exhibit D.
2. Elevations: Development shall be in conformance with the attached elevations, set
forth in Exhibit F.
3. Landscape Plan: Development shall be in conformance with the attached landscape
plan, set forth in Exhibit G.
A.3 Uses. Uses shall be permitted in accordance with the Retail District. A big box retail
building including a home improvement store with a garden center is a permitted use.
The following uses shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
A.4 Regulations
Custer Road
a. Tree plantings shall be provided at minimum rate of one tree of a minimum four (4)
inch caliper (at the time of planting) per thirty (30) lineal feet.
b. Shrub plantings shall be provided at a minimum rate of 25 shrub plantings per thirty
(30) lineal feet which shall be a minimum of five (5) gallon shrubs (at the time of
planting).
c. Primary screening within the landscape buffer shall be provided by Eastern Red
Cedars, or a similar species as approved by the Town's Landscape Architecture,
spaced on six-foot centers, a minimum 6 feet in height at the time of planting full
to the ground, to screen the outdoor sales, storage and display areas.
1196660,3
Ordinance No. 1546, Page 7
d. A continuous split -rail fence shall be provided.
e. A berm of a minimum height of three (3) feet shall be provided within the landscape
buffer to provide additional screening of the outdoor sales, storage and display
areas.
f. Trees may be grouped or clustered together to provide additional screening as an
alternative to planting all at a specific distance between trees.
2. All landscaping and the perimeter berm along Custer Road shall be installed prior to
the issuance of a certificate of occupancy (CO) for the home improvement store.
3. Parking: Retail parking shall be 1 space per 400 square feet, inclusive of the garden
center.
4. Outdoor sales, display and storage: Shall be permitted but limited to a big box and
subject to the following conditions:
a. Shall be located in the locations identified on Exhibit D.
b. Shall not block or impair sidewalks, ADA access, doorways or fire lanes.
5. Foundation landscape requirements of the Zoning Ordinance shall not apply.
6. Cart corrals shall be ornamental metal fence.
7. Lots shall have a frontage onto a public street or a common public access drive. The
common public access drives shall be dedicated as a public access, fire lane and utility
easement.
8. Screening wall requirements of the Zoning Ordinance for loading and service areas
shall not apply.
9. Open storage screening requirements of the Zoning Ordinance shall not apply to open
storage on north side of the building.
10. Interior landscaped island requirements of the Zoning Ordinance (no more than fifteen
parking spaces permitted in a continuous row without being interrupted by a
landscaped island) shall not apply to parking area on east side of the building in
conjunction with outdoor sales, storage and display area.
Tract B Retail District
B.1 Except as noted below, the Tract shall develop in accordance with the Retail District, as it
exists or may be amended.
B.2 Development Plans
1. Concept Plan: Development shall be in conformance with the attached concept plan,
set forth in Exhibit D.
1196660,3
Ordinance No. 15.46, Page 8
B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception
of the following uses which shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
B.4 Regulations
1. A drive-through landscape island shall be a minimum of nine feet wide.
2. Tree plantings shall be provided at minimum rate of one tree of a minimum four (4)
inch caliper (at the time of planting) per thirty (30) lineal feet along Custer Road.
3. Dumpster gates facing right-of-way requirements of the Zoning Ordinance shall be
permitted with landscape screening primarily by Eastern Red Cedars, or a similar
species as approved by the Town's Landscape Architecture, spaced on six-foot
centers, a minimum 6 feet in height at the time of planting full to the ground.
11966603
Ordinance No. 15-46, Page 9
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-Exhibit E -
Development Schedule
The development of this project is dependent upon market conditions. Currently the project is
expected to be completed by the end of 2017.
Ordinance No. 15-46, Page 12
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