12-12 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 12-12
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 96-22; REZONING A TRACT OF LAND CONSISTING
OF 1.441 ACRES, MORE OR LESS, SITUATED IN THE JOHN R. TUNNEY
SURVEY, ABSTRACT NO. 916, 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 and Ordinance No. 96-22 should be
amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Lord Ganesh,
Inc. ("Applicant') to rezone 1.441 acres of land, more or less, situated in the John R. Tunney Survey,
Abstract No. 916(Boueri Addition, Block A, Lot 1), 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 Zoninv- Ordinance No. 05-20 and Ordinance No. 96-22., Zoning
Ordinance No. 05-20 and Ordinance No. 96-22 is amended as follows: The zoning designation of the
below-described property containing 1.441 acres of land, more or less, situated in the John R. Tunney
Survey, Abstract No. 916 (Boueri Addition, Block A, Lot 1), 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) and the conceptual
elevations, attached hereto as Exhibit "F" which are incorporated herein for all purposes as if set forth
verbatim. 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 Planned Development District shall be sent to all
property owners within two hundred feet(200')of the specific area 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 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: Severabilitv. 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/Reoealina 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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 8`h DAY OF MAY, 2012.
APPROVED AS TO FORM:
II�
Ray Si nith,;Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Amy l iukay3f Yown Secretary
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EXHIBIT "A"
BEING a tract of land situated in the John R. Tunney Survey, Abstract No. 916, Collin
County, Texas and being the some tract of land conveyed to Dan Christie, by deed recorded
in Volume 5108, Page 3192, Deed Records, Collin County, Texas, and being conveyed to
Lord Ganesh, Inc, a Texas corporation by deed recorded in Instrument No.
20120103000006870, Official Public Records, Collin County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for corner, said corner being the Northeast corner
of a tract of land conveyed to G & M Investments, A Texas General Partnership, by deed
recorded in Instrument No. 20060516000658690, of the Official Public Records of Collin
County, Texas, and lying in the South line of a tract of land conveyed to Prosco, LLC, A
Texas Limited Liability Company, by deed recorded in Instrument No. 20090908001123920,
of the Official Public Records of Collin County, Texas;
Thence South 89 degrees 27 minutes 37 seconds East, along the South line of said Prosco
tract, a distance of 500.12 feet to a point for corner, said corner lying in the centerline
line of Preston Road (variable width right—of—way);
Thence South 19 degrees 54 minutes 29 seconds West, along the centerline of said Preston
Road, a distance of 139.43 feet to a point for corner;
Thence North 89 degrees 28 minutes 37 seconds West, a distance of 454.24 feet to a 1/2
inch iron rod found for corner, said corner lying in the East line of said G & M
Investments tract;
Thence North 00 degrees 41 minutes 44 seconds East, along the East line of said G & M
Investments tract, a distance of 131 .54 feet to the POINT OF BEGINNING and containing
1 .441 acres of land.
OF rE
BRYAN CONNALLY
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PLANNING SURVEYING JOB NO. 1103977-3
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P 214.349.9485 F 214.349.2216 DATE: 02/28/12
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EXHIBIT "B"
STATEMENT OF INTENT & PURPOSE
BUMPER TO BUMPER AUTO SERVICE
Prosper, Texas
Intent
It is our intention to show the improvements we have planned for the exterior of
the building, show the living screen we will provide along the western and
northern boundaries, and request the ability to use the entire building as a major
automotive repair use. We ensure that no bay doors will face residential areas.
We are requesting to rezone the property from Commercial (C) to Planned
Development-Retail (PD-R).
Purpose
The services provided by Bumper to Bumper Auto Service include: Tire
Service, Auto Collision Service, and Transmission and Engine Repair.
The purpose of this development is to provide the best possible automobile
repair service to the citizen. Face lifting of the building, landscaping, and other
related improvements will enhance the appearance of the surrounding
neighborhood. This development will generate revenue for the town and will be
a part of the current and future economic growth of Prosper.
EXHIBIT "C"
PLANNED DEVELOPMENT STANDARDS
BUMPER TO BUMPER AUTO SERVICE
Prosper, Texas
The tract shall develop under the regulations of the Retail (R) District as
outlined in the Town's Zoning Ordinance No. 05-20, as it exists or may be
amended, with the following conditions:
1.0 Permitted Uses
1.1 The land uses followed with an "S" are only permitted with a
Specific Use Permit and uses followed by a "C" are only permitted
subject to the conditional development standards set forth in the
Town's Zoning Ordinance. The permitted land uses within this
Planned Development-Retail District are as follows:
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Non-Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Auto Parts Sales, Inside
• Automobile Repair, Minor, subject to development standards
below in 2.0
• Automobile Repair, Major, subject to development standards
below in 2.0
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn
• Beer & Wine Package Sales C
• Building Material and Hardware Sales, Minor
• Business Service
• Civic/Convention Center
• Convenience Store without Gas Pumps
• Dry Cleaning, Minor
• Equipment and Machinery Sales and Rental, Minor
• Farmer's Market
• Feed Store
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Furniture, Home Furnishings and Appliance Store
• Governmental Office
• Gunsmith
• Gymnastics/Dance Studio
• Health/Fitness Center
• Homebuilding Market Center
• House of Worship
• Household Appliance Service and Repair
• Insurance Office
• Locksmith/Security System Company
• Massage Therapy, Licensed
• Mobile Food Vendor C
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Nursery, Minor
• Park of Playground
• Pet Day Care C
• Print Shop, Minor
• Private Recreation Center
• Private Utility, other than Listed
• Restaurant, Drive In
• Retail Stores and Shops
• Retail/Service Incidental Use
• School, Private or Parochial
• School, Public
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Telephone Exchange
• Temporary Building C
• Theater, Neighborhood
• Veterinarian Clinic and/or Kennel, Indoor
2.0 Development Standards for Automobile Repair Uses
2.1 All buildings, gasoline pump islands, vacuums, outdoor speakers,
gasoline or fuel storage tanks, air and water dispensers, and other
structures in conjunction with any automotive use shall be located a
minimum of one hundred fifty (150) feet from the western property
line, as shown on Exhibit D. No service bay shall face a residential
zoning district. An automotive use shall be defined as the sales,
leasing, renting, servicing, repair, or washing of automobiles, boats,
motorcycles, trucks, or any other motor vehicle.
2.2 Daily operation of any automobile repair use shall begin no earlier than
7:00 a.m. and cease no later than 7:00 p.m. An automobile repair use
is not permitted to operate on Sunday.
3.0 Land Use Screening Standards
3.1 In place of a masonry wall along the western and northern property
boundaries, a solid evergreen living screen shall be planted as shown
on Exhibit D. The solid evergreen living screen shall contain a
minimum of 4" caliper eastern red cedars spaced on 10 foot centers, 6
feet at the time of planting, in addition to the existing large trees.
4. 0 Exterior Building Material Standards
4.1 The existing facade shall be improved to include a masonry facade on
the east and south elevations as conceptually shown on Exhibit F.
Exhibit F shows architectural elements on the east and south elevation,
where the building is clearly visible from Preston Road. Exhibit F
shows the existing cementitious fiber board siding on the west and
north elevations to be painted to match the brick veneer. All facade
improvements shall be completed prior to Town issuance of a
Certificate of Occupancy.
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EXHIBIT "E"
DEVELOPMENT SCHEDULE
BUMPER TO BUMPER AUTO SERVICE
Prosper, Texas
Following Town approval and receipt of a building permit, it is estimated that
the construction of Bumper to Bumper Auto Service will be completed within
twelve months or less.
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