14-38 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-38
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 08-030; REZONING A TRACT OF LAND CONSISTING
OF 46.56 ACRES, MORE OR LESS, SITUATED IN THE J. SAILING SURVEY,
ABSTRACT NO. 1675, IN THE TOWN OF PROSPER, DENTON COUNTY,
TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-40 (PD-40) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
PLANNED DEVELOPMENT-40 (PD-40); 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. 08-030
should be amended: and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from
Northeast 423/380, Ltd. ("Applicant') to rezone 46.56 acres of land, more or less, situated in the
J. Saling Survey, Abstract No. 1628, in the Town of Prosper, Denton 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 and Ordinance No. 08-030. Zoning
Ordinance No. 05-20 and Ordinance No. 08-030 is amended as follows: The zoning designation
of the below-described property containing 46.56 acres of land, more or less, situated in the J.
Saling Survey, Abstract No. 1628, in the Town of Prosper, Denton County, Texas, (the
r-- "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby
rezoned as Planned Development-40 (PD-40). 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"; and 5) 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 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
Penaltv. 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.
Ordinance No. 14-38, Page 2
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
Savinas/ReiDealina 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 24TH DAY OF JUNE, 2014.
i
Ray Smith Mayor
ATTEST:
Rdbyn B�ttle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 14-38, Page 3
Ordinance No.14-38,Pap 4
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M_ ZONING EXHIBIT A
46.56 ACRES
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Urchnance No. 14-38,Page 4
EXHIBIT B— Statement of Intent and Purpose
Windsong Ranch Marketplace
46.48 Acre, Unplatted tract of land
NEC US Highway 380&Gee Road
Prosper,Texas
The purpose of the requested Amendment to Planned Develop #40 is to facilitate development of the
subject parcel in a manner consistent with current retail and commercial development trends.
KADAL_Civil\64464400-Prosper DD\4_Design\Rezoning\Submittal\20140516-3rd Rezoning Submittal\Exhibit B_Statement of Intent and Purpose_20140516.doc
Ordinance No. 14-38,Page 5
EXHIBIT C
Except as otherwise set forth in these development standards, the property, as described in
Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town Council on March 25,
2008.
3. Mixed-Use Tract
d. Mixed-Use Development Standards (Traditional Retail). Retail development
within the Mixed Use Tract Is intended predominately for heavy retail, service,
light intensity wholesale and commercial uses, but excluding warehousing uses.
The nature of uses in this District has operating characteristics and traffic service
requirements generally compatible with typical office, retail, and some residential
environments. Uses in this District may require open, but screened, storage
areas for materials. In the event all or a portion of the Mixed Use Tract Is
developed solely for retail uses (i.e. not a mixed use development) then the
development for retail uses shall conform to the following standards:
a. Size of Yards
1. Minimum Front Yard: thirty (30)feet
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The
minimum side yard setback may be eliminated for attached
retail buildings on separate lots as shown on an approved
site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a
residential district and sixty (60) feet for a two (2) story
building adjacent to a residential district.
c. Thirty (30)feet adjacent to a street.
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The
minimum side yard setback may be eliminated for attached
retail buildings on separate lots as shown on an approved
site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a
residential district and sixty (60) feet for a two (2) story
building adjacent to a residential district.
b. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width One hundred (100)feet.
3. Minimum Lot Depth One hundred (100)feet.
c. Maximum Height: Two (2) stories, no greater than forty (40)feet in height,
excluding unoccupied architectural elements, such as towers, parapets,
and cornices, that may be allowed up to forty-five (45) feet in height for
the anchor only.
K:\DAL Civil\64464400-Prosper DD\4_Design\Rezoning\Submittal\20140626-FINAL Exhibit C revisions per Council Mtg\Exhibit C_PD-40 Amendment.docx
Ordinance No.14-38,Page 6
d. Lot Coveraqe: Fifty (50) percent.
e. Floor Area Ratio: Maximum 0.5:1.
f. Permitted Uses: Uses followed by an S are permitted by Specific Use
Permit. Uses followed by a C are permitted subject to conditional
development standards. Conditional development standards are set forth
in Chapter 3, Section 1 of the Town's Zoning Ordinance, unless
specifically outlined in Section 3.g. of this document.
• Accessory Building
• Administrative, Medical, or Professional Office
• Alcoholic Beverage Sales C
• Antenna and/or Antenna Support Structure, Non-Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Assisted Care of Living Facility S
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Minor
• Bank, Savings and Loan, or Credit Union
• Beauty Salon / Barber Shop
• Bottling Works
• Building Material and Hardware Sales, Major S
• Building Material and Hardware Sales, Minor
• Bus Terminal C
• Business Services
• Cabinet/ Upholstery Shop
• Car Wash
• Caretaker's/ Guard's Residence
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Community Center
• Convenience Store with Gas Pumps C
• Daycare Center, Adult S
• Daycare Center, Child C
• Day Care Center, Incidental S
• Dry Cleaning, Minor
• Equipment and Machinery Sales and Rental, Minor
• Fairgrounds/ Exhibition Area S
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Furniture Restoration
• Furniture, Home Furnishings and Appliance Store
• Gas Pumps C
• Golf Course and/or Country Club
• Governmental Office
• Gunsmith
• Gymnastics / Dance Studio
K:\DAL_Civil\64464400-Prosper DD\4_Design\Rezoning\Submittal\20140626-FINAL Exhibit C revisions per Council Mtg\Exhibit C_PD40 Amendment.docx
Ordinance No.14-38,Page 7
• Health / Fitness Center
• Homebuilder Marketing Center
• Hospital
• Hotel C
• House of Worship
• Indoor Gun Range S
• Insurance Office
• Locksmith / Security System Company
• Machine Shop
• Massage Therapy, Licensed
• Mortuary/ Funeral Parlor
• Municipal Uses Operated by the Town of Prosper
• Museum /Art Gallery
• Nursery, Minor
• Office / Showroom
• Outdoor Sales C
• Park or Playground
• Pet Day Care C
• Print Shop, Minor
• Private Recreation Center
• Private Utility, Other Than Listed
• Research and Development Center C
• Residence Hotel C
• Restaurant or Cafeteria C
• Restaurant, Drive In
• Retail Stores and Shops
• Retail / Services Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Stealth Antenna, Commercial C
• Taxidermist
• Telephone Exchange
• Temporary Building C
• Theater, Neighborhood
• Theater, Regional
• Veterinarian Clinic and /or Kennel, Indoor
• Veterinarian Clinic and / or Kennel, Outdoor S
• Winery
g. Conditional Development Standards
1. Convenience Store with Gas Pumps
A Convenience Store with Gas Pumps is subject to the following
regulations:
K:\DAL Civil\64464400-Prosper DD\4_Design\Rezoning\Submittal\20140626-FINAL Exhibit C revisions per Council Mtg\Exhibit C_PD-40 Amcndment.docx
Ordinance No. 14-38,Page 8
a. Convenience Store with Gas Pumps is permitted only
within two-hundred and fifty (250) feet of the right-of-way
line of a major thoroughfare;
b. Convenience Store with Gas Pumps is permitted at a
maximum of one (1) location on the property;
c. Canopies shall have pitched roofs;
d. Canopy support columns shall be entirely masonry
encased; and
e. The canopy band face shall be a color consistent with the
main structure or an accent color and may not be backlit.
f. Gas pumps shall be removed if permanently closed for
more than six (6) months, including reclassification of fuel
tanks per TCEQ Regulations.
2. Outdoor Sales
Outdoor Sales is subject to the following regulations:
a. Screening of Outdoor Sales areas is not required, if the
outdoor sales area complies with the constraints in 3.g.2.b.
below.
b. Merchandise displayed for Outdoor Sales may be located
in accordance with the areas identified in Zoning Exhibit
`D', with the following stipulations:
L Merchandise cannot block sidewalks, doorways,
accessible route(s), driveways, and/or firelanes;
ii. Merchandise may be displayed within twenty-five
(25) feet of the exterior wall of the main building of
the primary use with a maximum total area of eight-
thousand (8,000) square feet.
iii. Merchandise may be displayed within ten (10) feet
of the main building and within the limits of the
canopy footprint of the Convenience Store with Gas
Pumps up to a maximum total area of seventeen-
hundred and fifty (1,750) square feet.
iv. Permitted merchandise shall be seasonal
merchandise and may include, but is not limited to;
Christmas trees, flowers, landscaping materials,
and outdoor furniture.
h. Exterior Appearance
1. Permitted primary exterior materials are clay fired brick, natural,
precast, and manufactured stone, granite, marble, architectural
K:\DAL Civil\64464400-Prosper DD\4_Design\Rezoning\Submittal\20140626-FINAL Exhibit C revisions per Council Mtg\Exhibit C_PD40 Amendment.docx
Ordinance No.14-38,Page 9
concrete block, split face concrete masonry unit, architecturally
finished concrete tilt wall, "Quik Brik" (a four (4) inch manufactured
concrete masonry unit) and cultured stone (manufactured)
individually stacked, as provided in the conceptual building
elevations Exhibit `F'. The conceptual building elevations in Exhibit
`F' are representative of the architectural style, color, and material
selections.
2. Secondary materials used on the fagade of a building are those
that comprise a total of ten (10) percent or less of an elevation
area. Permitted secondary materials are all the primary materials,
aluminum or other metal, cedar or similarly decorative wood,
stucco, and high impact exterior insulation and finish systems
(EIFS), as provided in the conceptual building elevations Exhibit
F.
i. Lot Frontaqe: Lots shall have frontage on a common access drive or a
public street. The common access drive shall be a dedicated public
access, utility, and firelane easement.
j. Lightinq.: On-site parking lot lighting shall include dimmers.
k. Screeninq: Developer shall maintain three (3) foot berms for purposes of
screening along Gee Road and Windsong Ranch Parkway, and shall use
best efforts to install berms along US Highway 380.
K:\DAL_Civil\64464400-Prosper DD\4_Design\Rezoning\Subrnittal\20140626-FINAL Exhibit C revisions per Council Mtg\Exhibit C_PD-40 Amendment.docx
Ordinance No.14-38,Page 10
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Ordinance No. 14-38,Page 11 w
EXHIBIT E—Development Schedule,
Windsong Ranch Marketplace
46.48 Acre,Unplatted tract of land
NEC US Highway 380&Gee Road
Prosper,Texas
The anticipated schedule for the development is:
Phase I pad sites—January 2015
Anchor—March 2017
Phase I Retail—March 2017
First half of Phase II Retail—February 2018
Second half of Phase II Retail—February 2019
The schedule is subject to change due to various factors behind the control of the developer.
KADAL Civil\64464400-Prosper DD\4_Design\Rezoning\Submittal\20140516-3rd Rezoning SubmittahExhibit E_Development Schedule_20140516.doc
Ordinance No. 14-38,Page 12
E)
SOUTH ELEVATION
Facade Plan Checklist
(� �.1� • 'This Facade Plan is for conceptual purposes only.All
4 4 Q T building plans require review and approval from the Building
Inspection Division'
• 'All mechanical equipment shall be screened from public view
in accordance with the Comprehensive Zoning Ordinance'
_._ __ _ _ • 'When permitted,exposed utility boxes and conduits shall be
painted to match the building'
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'All signage areas and locations are subject to approval by
y the Building Inspection Department'
_ ��:' . -«,o,,,r„, � --- - • 'Windows shall have a maximum exterior visible refiectivily of
ten(10)percent.'
EAST ELEVATION
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NORTH ELEVATION
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t .: CB2 22.7% 10.6% 31.3% 12.0%
C&3-Split face 0.0% 0.0% 0.0% 66.6%
Q..«....««.. STt 8,13% 8.6% 7.4% 63%
ST2 11.0% 13.3% 7.5% 5.0%
EIFS 7.9% 10.0% 9.5% 0.2%
Cast Stone 2.8% 3.8% 0,5% 0.2%
Glazing 0.2% 12.3% 0.0% 0.0%
WEST ELEVATION
EXHIBIT F1 -CONCEPT ELEVATIONS Big Box Store
June 25, 2014 Prosper, TX C hAk
514501.05 architecture + d e s i g n
Ordinance No.14-38 Page 13
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FRONT ELEVATION
FRONT ELEVATION
EXHIBIT F2 Big Box Store
May 8, 2014 Prosper, TX
514501.05 architecture + d e s i g n
Ordinance No. 14-38, Page 14
FRONT ELEVATION-SOUTH
RIGHT SIDE ELEVATION- EAST
ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH
THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING.
EXHIBIT F3-Perspective Views From Property Line at 6'-0" Big Box Store
May 8, 2014 Prosper, TX
514501.05 architecture + d es i g n
Ordinance No. 14-38. Paae 15
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ITHE REAR ELEVATION WILL NOT HAVE MORE THAN 80%
REAR ELEVATION-NORTH OF A SINGLE MATERIAL AND WILL INCLUDE A MINIMUM
OF 10%STONE PER THE TOWN'S ZONING ORDINANCE.
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LET SIDE ELEVATION-WEST
ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH
THE COMPREHENSIVE ZONING ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING.
EXHIBIT F4-Perspective Views From Property Line at 6'-0" Big BOX Store .
May 8, 2014 Prosper, TX
514501.05 architecture + d e s i g n
Ordinance No.14-38.Panp 16
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NORTH ELEVATION
Facade Plan Checklist
• 'This Facade Plan is for conceptual purposes only.All
building plans require review and approval from the Building
Inspection Division'
`Q� `"°"� - Q�.,�Np .,,,,,,,,m,� • 'All mechanical equipment shall be screened from public view
X090 j -
in accordance with the Comprehensive Zoning Ordinance'
� � �� • 'When permitted,exposed utility boxes and conduits shall be
3- - painted to match the building'
"° 1SbEFEA All signage areas and locations are subject to approval by
�„•,,..F�o I tE. the Building Inspection Department'
�,,,,E E, . �o»,� _ r— � o . � h • 'Windows shall have a maximum exterior visible reflectivity of
ten(10)percent'
Material Percentages
East I West I South I North
EAST ELEVATION WEST ELEVATION (Architectural Concrete Block 14.62% 16.58% 10.00% 12.06%
1 Metal Roof 134.42% 134.42% 148.88% 148.88%
1 Metal Canopy 134.93% 34.930/6 137.28% 13728%
Stone 118.95% 118.95% 110.90% 111.26%
I Cast Stone 12.65% 12.65% 10.84% 10.84%
Glass 13A4% 13.44% 12.10% 10.000/6
SOUTH ELEVATION
ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC
VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING
ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING.
SW589 Ca
June 24, 2014 Prosper, TX
�^^ ,1 A 514501.05 architecture + d e s i g n
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