Loading...
2026-30 O - Approve Specific Use Permit (SUP) Full-Service/Extended-Stay Hotel on MSW Prosper 380 Addition - 5.9 Acres Mahard Pkwy & Prairie DrTOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-30 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT (SUP) TO ALLOW A FULL-SERVICE/EXTENDED-STAY HOTEL ON A TRACT OF LAND CONSISTING OF 5.9 ACRES, MORE OR LESS, SITUATED ON MSW PROSPER 380 ADDITION, BLOCK A, LOT 1, 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- 25-0008) from Wilson Parmar ("Owner") for a Specific Use Permit (SUP) for a Full- Service/Extended-Stay Hotel, on a tract of land zoned Planned Development-47 (PD-47), consisting of 5.9 acres of land, more or less, on MSW Prosper 380 Addition, Block A, Lot 1, 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: Specific Use Permit Conditions Conditions of Approval. The following standards and conditions are hereby established as part of this ordinance: The development shall operate as a single integrated hotel campus only under unified ownership of the Hilton flagship. 2. A new Specific Use Permit shall be applied for and considered by the Planning and Zoning Commission and Town Council should another brand pursue any variation of an extended -stay hotel. 3. The development shall have a maximum of 194 rooms with 100 being full -service and 94 being extended -stay. 4. The development shall comply with the conditional development standards for both a full -service hotel and extended -stay hotel including but not limited to the following: a. Management staff on -site 24 hours a day. b. Provision of the amenities shown on Exhibit "B" and amenities such as fire pits and upscale furnishings in covered and uncovered patio seating areas. i. The jogging trail can be substituted for the sports court. c. Daily housekeeping for both the full -service hotel and extended -stay hotel. d. Provision of three meals a day and more limited bar/food selections after hours from the full -service restaurant. e. Concierge and room service that includes breakfast and evening offerings from the full -service restaurant for guests of the full -service hotel. f. A minimum of 10,000 square feet of indoor event/meeting space independent of the outdoor reception area shown on Exhibit "B". g. No cooking facilities in the full -service rooms. 5. Berming shall be provided along Mahard Parkway. 6. Concrete edging shall be installed in place of the steel edging shown on Exhibit „C„ 7. Artificial turf or a stone/tile surface shall be installed in the outdoor reception area shown on Exhibit "C". 8. Artificial turf shall be installed in the transition area between the outdoor reception area and playground area shown on Exhibit "C". 9. Artificial turf or outdoor rubber safety mats shall be installed in the playground area shown on Exhibit "C". 10. Enhanced landscaping shall be provided at the main entrance including more seasonal color in the landscaping beds. 11. A development agreement addressing building materials and landscaping maintenance shall be filed. SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Case No. ZONE-25-0008 Ordinance No. 2026-30, Page 2 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 Full-Service/Extended-Stay Hotel, on a tract of land zoned Planned Development-47 (PD-47), consisting of 5.9 acres of land, more or less, on MSW Prosper 380 Addition, Block A, Lot 1, Town of Prosper, Collin County, Texas, and being more particularly described in 1) the Property Legal Description, Exhibit "A-V 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 Elevations, 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. ��x000 ►1 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 Case No. ZONE-26-0008 Ordinance No. 2026-30, Page 3 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 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 14TH DAY OF JULY, 2026. ATTEST- "-knls� UAJUC Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney 7 �; >.. , �-, ! ?, . /,w David F. Bristol, Mayor OF 1914 / \�XAS Case No. ZONE-25-0008 Ordinance No. 2026-30, Page 4 ZONE-25-0008 EXHIBIT A-1: WRITTEN METES AND BOUNDS WHEREAS, PEACH TREE GROUP OF INVESTMENT INC. is the sole owner of a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being all of those certain tracts of land conveyed to Peach Tree Group of Investment Inc., a Texas corporation, by Special Warranty Deed recorded in Instrument Number 20220329000498590, Official Public Records, Collin County, Texas, Correction Special Warranty Deed recorded in Instrument Number 2022000101825, Official Public Records, Collin County, Texas, Special Warranty Deed recorded in Instrument Number 2022000072416, Official Public Records, Collin County, Texas, and Special Warranty Deed recorded in Instrument Number 20220000152235, Official Public Records, Collin County, Texas, and being all of Block A, Lot 1, MSW Prosper 380 Addition, an addition to the Town of Prosper, by plat recorded in Instrument Number 2023-837, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1 /2 inch iron rod with red "Peiser & Mankin" cap found (previously set) for the southeast corner of said Lot 1, same beingthe northeast corner of Lot 2, Block A, MSW of MSW Prosper 380 Addition, an addition to the Town of Prosper, by plat recorded in Instrument Number 2023-839, Official Public Records, Collin County, Texas, same being in the west line of Lot 3, said Block A of MSW Prosper 380 Addition (Instrument Number 2023- 837); THENCE along the common line of said Lot 1 and said Lot 2 as follows: North 89 deg. 33 min. 00 sec. West, a distance of 567.07 feet to a 1 /2 inch iron rod with red "Peiser & Mankin" cap found (previously set) for the beginning of a curve to the left having a radius of 65.00 feet, a delta angle of 45 deg. 32 min. 43 sec., and a chord bearing and distance of South 67 deg. 40 min. 39 sec. West, 50.32 feet; In a southwesterly direction, and along said curve to the left, an arc distance of 51.67 feet to a 1/2 inch iron rod with red "Peiser & Mankin" cap found (previously set) for the beginning of a reverse curve to the right having a radius of 65.00 feet, a delta angle of 45 deg. 01 min. 37 sec., and a chord bearing and distance of South 67 deg. 25 min. 06 sec. West, 49.78 feet; In a southwesterly direction, and along said reverse curve to the right, an arc distance of 51.08 feet to a 1 /2 inch iron rod with red "Peiser & Mankin" cap found (previously set) for the end of said curve; North 89 deg. 33 min. 13 sec. West, a distance of 38.23 feet to an 'X' cut found in concrete for the southwest corner of said Lot 1, same being the northwest corner of said Lot 2, same being in the east right-of-way line of Ma hard Parkway (a 130 foot right-of-way); THENCE North 00 deg. 26 min. 47 sec. East, along the common line of said Lot 1 and the east right-of-way line of said Mahard Parkway, a distance of 403.95 feet to a 1/2 inch iron rod with red "Peiser & Mankin" cap found (previously set) for the northwest corner of said Lot 1, same being the most westerly southwest corner of aforesaid Lot 3; THENCE South 89 deg. 33 min. 00 sec. East, along the common line of said Lot 1, and said Lot 3, a distance of 697.52 feet to a 1/2 inch iron rod with red "Peiser & Mankin" cap found (previously set) for the northeast corner of said Lot 1, same being in internal corner of said Lot 3; THENCE South 00 deg. 27 min. 00 sec. West, continuing along the common line of said Lot 1, and said Lot 3, a distance of 365.00 feet to the POINT OF BEGINNING and containing 257,863 square feet or 5.920 acres of computed land, more or less. �P�E 0 F rF�9 TIMOTHY R. MANKIN ........................... '.a_ 6122 .•.� r Timothy R. Mankin Registered Professional Land Surveyor No. 6122 ��l •-• \x Y''� Eo Ly ��yC 8� ��s� ➢F� - �� J2, BF y+d OF �% �slit f'f IJ u...Rocs —i-- 1.- — ___ ___ �II�� sos oa ae ax#tr�# ply 3 i 4YRdF � � • I q 5 ¢ 0 gm� R 0 o �pe� nnnn$ algd� zl glop v o 9 g v i � •.n.wn :'� ttiq >�rIMari t� •'• A old y 1� LEJ 4 w�,� .ate' .. .. �_._.__ .. ..�:}. _. - .�.:: �p:::::}:;�5';� �-. •.. _71 — 1. wnp a warlpErLUM V-Izd :-JIVW3 SVX31 "63dSOJd 88Z9£Si Oi9 3NOHdAVAANi Xl'00SRId99699 EJCI Wd (INVHVW G ONf10W Nl3 EbOL H3dSOHd 10H #A11113Vd3AIZj0 Etid ONI 1N3W1S3ANI 30 - kS ins UUI ■ S830VNVW N01S301V101df10N0 33N1 HOV3d OOOM3VIO" ���-5N�153Q-?JQb II II IIt .1 e € r- e e I II II I € t t� t Wit— fi7— I Oki II $ g Si .M ns Y e e INN ° TIM � 111 I allea 11a '18 o x e • J n .16 a 4 4 I g 8 Qo a 1111 a id I 3 N 3 gg° 3� pp � N 11 e e e e e e e e ii u o0000000000 0000� film alla ll e wvr1lQ�+m�wnz6uu9d :1IVW3 Sb7C31 'a3dSOLld 99i M OZ9:3NOHd CEOs/ Xl 'OOSINd 3AIHCI ONnovi Nl3 EVOL .kVM>IHVd CRIVHVW 99689 213dS021d IOH # /.111IOVd eesz-zz e�zsz- ams. x. 3�e�red aNre� 3nroa,nx 3,wrs Gov g HH011111 �NI 1N3W1S3/�NI �^ S311C1S �I Su3�SN915VNVh NE)1 Wi0iJC�'4 04 -AO ■ Qs d dnO210 33HI HOV3d QOOM3W04 Io- C l; � ' J• L'11� o-- H I I II I' I �i � � �� — �trtr-'9t-•-tt—• d � d mi 9 I -l�I � p r e tt e t K Z P F O m� Ila ad v_ o0 0 00000©®000 io Si! d worNewB®srniuuuvd'Ntl1Y3 OM Z4 OZ9 -3NOHd SVX31'N3dS08d AWANd ONVHVW �esz-zefir� i°e��:� ewz caz,e�v3 w EEOSL Xl'OOSINd 3ANG 11Nnon Nl3 CbOL H3dSO S968S 3dSOLld IOH # AlIlIOV3 osos.xi aroiwa aN d� mid VLO o s 3NI 1N3W1S3ANI d0 �h S311f1S �I� ■ �SN915�Q,JQd m a Q dnobO 33N1 HOV3d a00M31N04 Fra Imp .ter O 'n�u o�� curd SVX31'N3dSOHd sAm ssa ozs ago td EEOSC Xl'OOSILI3 nvrw avd aavHvw 99699 LOdSOid IJH # ),LIIIOV3 wW t s,==waxes= ",�w,e a r3 ososexi iiai`vee�ar,rao �aaiiii3,aars L0H ` $ 3AIJ0 ONnovy Nl3 Et'U ONI lN3nlS3ANI d0 - s31ms UUj ■ 71� SHH)VNVVY 534IVIO-L ]Ec� dnOHE) 33LI1 HOV3d QOOM3W01 F I C� 1 m .. V 3ir 0} 14SI II I Qgell ;IrSI%• I1, -' G �rrr��d�.s.�C�'r�e� g1�' �!�9�CI!j► �Rrw �li� j�rp'.-7 II 1I ;III .a ,��I� ��"�Vp llr�r. V. '.Uuaall !`I A L PI' Iu'111,�i1 - kliiYiij�Y 11��}i� V./I�j�(�f]illl I LIIa51I ii'di® I 1 �4a�r Illlk 1111 i ;I re' kn Ee�rle �' r4ri�fij ;,. eeI 1z am �'Ila, � �Ij 11 �ai j �' a IN}��I``�§16mi 11"I 11 G3C::l I li+.W*iplpSiYuareu,¢p��N!laiii�li�i�i' it �1 I Ilf: �1m1 C �I• id. I iilc...'ll�. n►u1 Wi A;: i ■ 3YJ���IjI�O:F , kly���d�� fig IZ+ I!f r'j'Y.�I�yJ� 147RWlIIIYL �!}Y���3'LMii r -