14-40 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-40
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 33.22 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 13,
ABSTRACT NO. 172, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED SINGLE FAMILY-15 (SF-15) 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 MQ
Development Partners, L.L.C. ("Applicant") to rezone 33.22 acres of land, more or less, situated
in the Collin County School Land Survey No. 13, Abstract No. 172, 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
Findinqs 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 33.22 acres of
land, more or less, situated in the Collin County School Land Survey No. 13, Abstract No. 172,
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", and 5) the conceptual elevations, attached hereto as Exhibits
"F1, F2, F3, and F4", 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 (3) 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.14-40,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
Savinqs/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 22nd DAY OF JULY, 2014.
Ray Smith, Mayor
ATTE T:
Robyn B ttle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-40,Page 3
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PD-3 NEIGHBORHOOD I
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Ordinance No. 14-40,Page 5
EXHIBIT"B"
The Applicant intends to develop a shopping center anchored by a full service grocery store and will
include 9 fuel pumps and kiosk.The store is currently planned to be approximately 123,000 square feet.
In addition to the grocery store,the plan is to develop approximately 20,000 square feet of
complimentary retail containing restaurants and typical service tenants such as a hair salon, coffee shop,
dry clean "pick-up" station and other retail uses. Also,there are eight(8) planned outparcels which will
contain a combination of national and regional retailers including banks, casual dining restaurants as
well as established quick-service restaurants.
Ordinance No. 14-40,Page 6
EXHIBIT C
PLANNED DEVELOPMENT RETAIL
Northeast Corner of Preston Road and Prosper Trail,
"The Shops at Prosper Trail"
Prosper,Texas
July 1, 2014
PLANNED DEVELOPMENT CONDITIONS
I. Statement of Effect: This property shall develop under the regulations of the Retail ( R )
District of the Town's Zoning Ordinance as it exists or may be amended except as
otherwise set forth herein.
II. Development Plans (Retail District):
1.0 Permitted Uses: Conditional development standards (C) must be met per the
Zoning Ordinance, No. 05-20, as it exists, or may be amended. Uses that are permitted
as a Specific Use shall be permitted with the approval of a specific use permit(SUP).
List of permitted Uses:
1. Accessory Building
2. Administrative, Medical or Professional Office
3. Alcohol Beverage Sales(C)
4. Antique Shop
5. Artisan's Workshop
6. Auto Parts Sales, Inside
7. Bank, Savings and Loan, or Credit Union (with drive thru facilities), which
shall be limited to (1) bank, savings and loan or credit union (with drive
thru facilities) by right, and any subsequent bank, savings and loan or
credit union (with drive thru facilities) shall be subject to the approval of
a specific use permit(SUP).
8. Beauty Salon/Barber Shop
9. Bed and Breakfast Inn
10. Building Material and Hardware Sales, Major(SUP)
11. Building Material and Hardware Sales, Minor
12. Business Service
13. Caretaker's/Guard Residence
14. Civic/Convention Center
15. College, University,Trade or Private Boarding School
16. Commercial Amusement, Indoor
17. Community Center
1
Ordinance No. 14-40,Page 7
18. Convenience Store with Gas Pumps as part of the shopping center
(inclusive of a kiosk or convenience store) limited to one per zoning
district. (see Section 2.4 for conditional development standards)
19. Day Care Center, Child (C)
20. Dry Cleaning, Minor
21. Farmer's Market
22. Feed Store
23. Furniture, Home Furnishings and Appliance Store
24. Governmental Office
25. Gunsmith
26. Gymnastics/Dance Studio
27. Health/Fitness Center
28. Homebuilder Marketing Center
29. House of Worship
30. Household Appliance Service and Repair
31. Insurance Office
32. Locksmith/Security System Company
33. Massage Therapy, Licensed
34. Municipal Uses Operated by the Town of Prosper
35. Museum/Art Gallery
36. Nursery, Minor
37. Outdoor sales and display.subject to:
a. Designated Area as shown on Exhibit D
i. Within 25' of the main building of the big box user
ii. Within 10'of the fuel canopy and kiosk
b. Sidewalks cannot be blocked
C. Merchandise cannot impair ADA access, block doorways,
driveways or fire lanes
d. Permitted merchandise shall be seasonal merchandise and may
include but is not limited to Christmas trees, flowers,
landscaping materials and outdoor furniture
e. Outdoor display areas shall be organized and goods shall be
neatly presented in an orderly fashion. Items shall not be stored
on wooden crates, in cardboard boxes, in plastic cling wrap, or in
a fashion that resembles the open storage of materials.
f. Screening is not required.
38. Park or Playground
39. Pet Day Care as an accessory use (C)
40. Print Shop, Minor
41. Private Recreation Center
42. Private Utility, Other Than Listed
43. Restaurant or Cafeteria
44. Restaurant with a drive thru (SUP)
45. Restaurant, Drive-in (SUP)
2
Ordinance No. 14-40, Page 8
46. Retail Stores and Shops
47. Retail/Service Incidental Use
48. School, Private or Parochial
49. School, Public
50. Stealth Antenna, Commercial (C)
51. Temporary Building(C)
52. Theatre, Neighborhood
53. Utility Distribution/Transmission Facility(SUP)
2.0 Building: Unless otherwise specified below, the building standards in the Zoning
Ordinance, as it exists or may be amended shall apply.
2.1 Elevations: Building Elevations shall substantially conform to the Concept
Elevations provided in Exhibits F1, F2, F3 and F4. If Elevations for future retail or
outparcel buildings are not provided in Exhibits F1 through F4, such additional
site plans, fagade elevations, roof profiles and landscape plans shall be required
to be approved by the Town Council.
2.2 Building Materials in addition to the building materials permitted in Chapter 4,
Section 8 of the Zoning Ordinance, as exists or may be amended, such materials
shall also include Architectural Structural Block, under the trade name "Quik
Brick" (a 4" manufactured concrete masonry unit) and cultured stone
(manufactured) individually stacked, as provided in the building elevations
Exhibits F1 through F4 which is a part herein. The clay-fired brick colors used on
the retail building on Lot 5 shall be consistent with the Quik Brik colors used on
the big box building. Split faced block, architectural concrete block, and
painted/textured concrete tilt wall shall be limited to a maximum of ten percent
(10%)of any single elevation on any pad site.
2.3 Building Height: Buildings shall be a maximum of two (2) stories, not to exceed
forty feet (40') in height, excluding unoccupied architectural elements such as
towers, parapets, cornices that may be up to 45 feet in height.
2.4 Convenience Store with Gas Pumps is subject to the following regulations:
a. Convenience Store with Gas Pumps is permitted only within two-hundred
and fifty(250)feet of the right-of-way line of Preston Road;
b. Convenience Store with Gas Pumps is permitted at a maximum of one (1)
location on the property;
c. Canopies shall have pitched roofs and the color and style of the metal roof
on the gas station canopy shall be consistent with the metal roof on the big
box building;
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.
3
Ordinance No. 14-40, Page 9
2.5 Lighting: No site light poles shall be within 150' of the residential property line
across from residential property on the south side of Prosper Trail. Such light
poles may be up to 29' high. All site lighting shall be LED and have dimmers. All
the lights poles on the portion of the property closest to Prosper Trail shall be
shielded.
3.0 Landscaping: Unless otherwise specified below,the landscape regulations in the
Town's Zoning Ordinance, as it exists or may be amended,shall apply.
3.1 Preston Road -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
on Lots 1, 2, 3 and 4. On all other parcels tree plantings shall be provided at
minimum rate of one tree of a minimum four (4) inch Caliper (at the time of
planting) per twenty five (25) lineal feet. Shrub plantings shall be provided at a
minimum rate of 22.5 shrub plantings per thirty (30) lineal feet which shall be a
minimum of five (5)gallon shrubs (at the time of planting).A berm of a minimum
height of four (4) feet shall be provided within the landscape buffer along
Preston Road. Along the top of the berm, native grasses shall be planted
pursuant to a plan that provides additional screening from the Preston Road
right of way. Trees may be grouped or clustered together to provide additional
screening as an alternative to planting all at a specific distance between trees.
3.2 Prosper Trail. -Tree plantings shall be provided at a minimum rate of one tree of
a minimum four(4) inch Caliper per twenty (20) linear feet. Shrub plantings shall
be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear
feet. A berm of a minimum height of four (4) feet shall be provided within the
landscape buffer along Prosper Trail. Along the top of the berm, native grasses
shall be planted pursuant to a plan that provides additional screening from the
Prosper Trail right of way. Trees may be grouped or clustered together to
provide additional screening as an alternative to planting all at a specific distance
between trees.
3.3 Additional Landscaping, The sidewalk in front of the big box on Lot 1 and the
retail on Lot 5 shall have 1 tree planted for each 100 lineal feet. The trees shall
be a minimum of 4" caliper and may be placed in planters. A minimum one (1)
acre open space area shall be located in an area between Lots 6-9 on Exhibit D to
provide a landscaped gathering area that may include benches, patio, public art,
outdoor dining and similar features. The open space shall be maintained by the
property owners' association.
3.4 Landscape Requirements for Certificate of Occupancv All perimeter berms and
landscaping along Preston Road and Prosper Trail shall be installed prior to the
issuance of a certificate of occupancy(CO)for the big box on Lot 1.
4.0 Lot Frontage: Lots shall have a frontage onto a public street or a common public
access drive. The common public access drive shall be dedicated as a public
access,fire lane and utility easement.
4
Ordinance No. 14-40,Page 10
5.0 Pad sites and other lots: The Development shall have a limit on single use
parcels exclusive of Lots 1 and 2 pursuant to Exhibit D. Only Lots 3, 4, 6, 7 and 8
may be used for single-tenant buildings. All other Lots shall have retail buildings
designed and built as multi-tenant buildings for office and retail use which will
have materials and architectural designs consistent with the Preliminary
Concept Designs as provided in Exhibit F. All pad sites shall have a pitched roof
with a minimum 6 in 12 inch slope. A flat roof with a parapet wall and cornice
may be permitted subject to Town Council approval of a specific use permit
(SUP)for same. No certificate of occupancy(CO) shall be issued for a pad site for
Lots, 3, 4, 6, 7, 8, 9 or 10 prior to the issuance of a certificate of occupancy for
the big box on Lot 1.
6.0 Basket Cart Corrals: Galvanized pipe basket cart corrals shall not be permitted in
parking field without approval of the Town Council.Cart collection areas shall be
curbed and shall be fenced using a minimum three foot (3') ornamental metal
fence.
5
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Ordinance No. 14-40,Page 12
WWinkelmann
&Associates, Inc.
CONSULTING CIVIL ENGINEERS*SURVEYORS
6750 HILLCREST PLAZA DR.,STE.32S
DALLAS,TX 75230(972)490-7090 FAX(972)490-7099
EXHIBIT E
PROJECTED DEVELOPMENT SCHEDULE
Shops at Prosper Trail
07/01/14
Kroger will give notice to proceed (NTP)to go out to bid. Weeks from NTP
a. Send bid documents out to bid 1 week
b. Receive Bids 4 week
c. Award Site Work Contract 8 week
d. Complete Pad 20 weeks
e. Provide temporary power and all weather access roads to the Kroger
pad. and staging area 20 weeks
f. Provide fire lanes for Kroger building and Fuel 23 weeks
Station
Items to be completed from Pad delivery weeks
g. Paving complete 10 weeks
h. Provide permanent power 8 weeks
i. Monument/ Pylon signs 12 weeks
Items to be completed prior to the fuel center opening weeks
j. Striping Critical to open Fuel center -3 week
Items to be completed prior to Kroger Grand Opening weeks
k. Kroger Opening 0
I. Landscaping -8 weeks
m. Striping -6 weeks
n. NOT -4 weeks
o. Site work 100% punched out -4 weeks
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WEST ELEVATION
Facade Plan Checklist
'This Facade Plan is for conceptual purposes
only.
onl
.All
building plans require re review and approval from the
Building
Inspection Division'
• 'All mechanical equipment shall be screened from public view
_ in accordance with the Comprehenswe Zoning Ordinance'
'When permitted,exposed utility boxes and conduits shall be
painted to match the building'
• 'NI signage areas and locations are subject to approval by
Now the Building Inspection Department'
• 'W ndows shall have a maximum exterior visible reflectivity of
ten(10)percent.'
NORTH ELEVATION
r�
EAST ELEVATION I Material Percentages I
North West South East
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Conc.Block-Split Face 0.0% 0.0% 0.0% 22.4%
ST1 B.B% 8.6% 6.9% 5.9%
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7.8% 10.0% 7.2% 0.5%
Cast Stone 2.8% 18% 1.8% 1.0%
^;«.... (3— 1 �Glaznn9 0.2% 12.3% 0.0% 0.0%
Co
SOUTH ELEVATION
EXHIBIT F1 -CONCEPT ELEVATIONS
July 1, 2014 Prosper, TX
513501.10 architecture +
WEST ELEVATION
Facade Plan Checklist �
• 'Ths Facade Plan is for conceptual purposes only.All
building plans require review and approval from the Building
>a°,o,Fn .� -��
Inspecti accordance Division'on
Q "All mechanical equipment shall be screened from public view I
""°"°""'°' in accordance with the Comprehensive Zoning Ordinance'
a. 'When permitted,exposed utility boxes and condwts shall be
painted to match the building"
�u 'All signage areas and locations are subject to approval by
the Building Inspection Department'
` P "Windows shall have a maximum exterior visible reflectivity of
tan(10)percent.'
Material Percentages
North South East West
Architectural Concrete Block 4.62% 6.58% 0.00% 2.06%
� u
I
NORTH ELEVATION SOUTH ELEVATION Metal Roof 34.42% 134.42% 48.68% I4'"' II
(Metal Canopy 34.93% 34.93% 137.28% 137.28%
�StcI 9.47% 11.47% 3.50% 3.50%
Stone-2 9.46% 9.46% 8.50% 7.50%
Cast Stone 2.65% 2.65% 0.84% 0.84
Glass 3.44% 3.44% 2,10% 0.00
EAST ELEVATION
ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC
VIEW IN ACCORDANCE WITH THE COMPREHENSIVE ZONING
ORDINANCE AND WILL ACCOMMODATE FINAL SITE GRADING.
EXHIBIT F2-CONCEPT FUEL CENTER ELEVATIONS
July 11, 2014 Prosper, TX
513501.10 architecture +
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CONCEPT V-1 July 1, 2014 •
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DEVELOPMENT E.
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CONCEPT EXHIBIT F4-ml July 1, 2014 PERSPECTIVES
Prosper,
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