03-60 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-60
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;
REZONING A TRACT OF LAND CONSISTING OF 19.439 ACRES, MORE OR
LESS, SITUATED IN THE SPENCER RICE SURVEY, ABSTRACT NO. 787 IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS HERETOFORE ZONED
SINGLE FAMILY-1 (SF-1) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT-RETAIL (PD-R);
DESCRIBING THE TRACTS TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS 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. 84-16 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Frisco
Tollway Partners, Ltd. ("Applicant"), to rezone 19.439 acres of land, more or less, situated in the
Spencer Rice Survey, Abstract No. 787 in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council of Prosper (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. 84-16. Zoning Ordinance No. 84-16
is amended as follows: The zoning designation of the below-described property containing
19.439 acres of land, more or less, situated in the Spencer Rice Survey, Abstract No. 787 in the
Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways
contiguous and/or adjacent thereto are hereby rezoned as Planned Development-Retail (PD-R).
The Property as a whole and the boundaries for each zoning classification are more particularly
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Page 1 of 3
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 Exhibit "B"; 2) the planned development standards, attached hereto as Exhibit
"C"; 3) the conceptual plan, attached hereto as Exhibit "D"; and 4) the development schedule,
attached hereto as Exhibit "E"; each of which is 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.
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
111 Ordinance, and it 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. 84-16, as they exist or may be
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined
a 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: 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 is 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. 84-16 shall
remain in full force and effect, save and except as amended by this or any other Ordinance. All
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Page 2 of 3
0 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 repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal 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 publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this. , ay of g74, 03.
LE E , Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
SHANAE JENNI
Town Secretary
DATE OF PUBLICATION: I i 717 � (/(� 02-003 ,Dallas Morning News—Collin County Edition
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"EXHIBIT A"
• LEGAL DESCRIPTION
BEING a 19.439 acre tract ofland situated in the Spencer Rice Survey,Abstract Number 787,Collin
County, Texas and being all of a 14.840 acre tract of land according to the deed recorded in Collin
County Clerk's File No. 2002-0134484 of the Deed Records of Collin County, Texas(DRCCT)and
being a portion of the right-of-way of State Highway No. 289 and being a portion of the right-of-way
of State Highway Spur No. 439 and being a portion of a 10 feet wide strip annexed to the Town of
Prosper by Ordinance No. 102 dated September 14, 1966;
BEGINNING at the point of intersection of the projection of the easterly right-of-way line of said
State Highway No. 289(a 140 feet wide right-of-way at this point) with the centerline projection of
said Spur Highway No. 439 and being in the center on said 10 feet wide annexed strip of land;
THENCE along the easterly right-of-way line of said State Highway No. 289 as follows:
SOUTH 00'49'48"WEST a distance of 397.04 feet to a wood monument found for corner,
SOUTH 02'01'41" EAST a distance of 200.25 feet to a wood monument found for corner;
SOUTH 00'49'48" WEST a distance of 553.70 feet to a point for corner,
11 THENCE departing the easterly right-of-way line of said State Highway No. 289 NORTH
89'10'12"WEST a passing distance of 160.00 feet to the southeast corner of said 14.840 acre tract
of land and being located in the westerly right-of-way line of said State f ighway No. 289, in all, a
total distance of 360.00 feet to a point for corner,
FIANCE along the southerly line of said 14.840 acre tract of land as follows:
NORTH 35'29'56" WEST a distance of 282.07 feet to a point for corner;
NORTH 89'13'O1" WEST a distance of 298.00 feet to the southwest corner of said 14.840
acre tract of land;
L`HENCE NORTH 00'46'59" EAST a passing distance of 865.65 feet to the northwest corner of
said 14.840 acre tract of land, in all, a total distance of 895.67 feet to a point for corner located in
the centerline of said Spur Highway No. 439;
THENCE along the centerline of said Spur Highway No. 439 with the center of said 10 feet wide
annexed strip of land NORTH 88'51'33" EAST a distance of 816.34 feet to the POINT OF
BEGINNING; f1
CONTAINING within these metes and bounds 19.439 acres or 846,7 sqe f
or less. /�
VIKimley-Horn
and Associates, Inc.
• Exhibit"B"
Camp Retail Tract
± 15 Acre Tract
PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT AND PURPOSE
While there are no immediate development plans on the subject property, the purpose and intent
of this zoning application is to establish the commercial/retail/office uses and the general
development standards. These uses and standards are consistent with the other planned
commercial/retail/office uses along the Preston Road corridor.
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EXHIBIT "C"
PLANNED DEVELOPMENT STANDARDS
I. Special Provisions
All development on this property shall be subject to this Planned Development District.
Any development associated with this Planned Development District shall requite a site
plan as standard process. The subject property will be zoned PD Retail to include uses
generally found in retail zoning.
Any future site plans and/or engineering plans associated with this Planned Development
District shall be in general conformance to the attached Concept Plan. However,any
modifications,revisions or variations of the concept plan in whole or in part shall require
approval by Town Staff. The concept plan contained herein is only a guide to illustrate the
intent and probable development uses on the subject property.
II. Development Standards—PD Retail
a. Uses
i. Uses shall be all those found in the Retail District in the Town of Prosper Use
Charts as adopted in August 2003.
ii. Additional uses that shall be specifically allowed by not required shall
include:
1. Convenience store with a maximum of 10 MPD's
2. Grocery store anchor with additional retail or office secondary uses
3. Nursery—Retail/Commercial
4. Auto repair garage
5. Restaurant or eating place(drive-in service)
6. Tool rental(domestic equipment)
7. Parking lot or structure(commercial/office)
8. Sporting goods sales
9. Discount building material sales
10. Office
b. Lot Development Standards
i. Development Standards for subject property shall be those found in the Town
of Prosper's Zoning Ordinance as it exists or may be amended. Specific PD
standards shall include:
1. Maximum Allowable F.A.R. - 4:1
2. Maximum Allowable Height-four(4) stories,not to exceed 60'
3. Setbacks
-Minimum Rear Setback Commercial/Retail/Accessory Structures— 15'
-Minimum Rear Setback Office—50'
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III. Landscaping
Landscaping shall be provided as per the following standards:
a. A landscape buffer with a minimum average width of thirty(30) feet should be
provided adjacent to the right-of-way line of S.H. 289 and/or any other major
thoroughfare as identified in Prosper's Thoroughfare Plan, as it exists or may be
amended. This landscape buffer strip is exclusive of the street parkway.
b. Minimum Percentage: A minimum percentage of each site will be landscaped,
according to the following requirements. Landscaped areas will include all outside
plantable ground surface including buffers,parking lot landscaping, and other
landscaped areas. It will not include areas inside buildings or any paved or hard
surfaced areas such as walks,drives,parking areas, and hard surfaced recreation areas
(unless otherwise approved by the Town Staff). All landscaped areas will be planted
with trees, shrubs, lawn and/or other living ground cover as per the current Town
standards or amendments thereof.
1. Retail and Commercial Sites: A minimum of ten percent(10%)of the platted area
will be landscaped. •
2. Office Sites: A minimum of fifteen percent(15%)of the platted area of each site
will be landscaped.
IV. Median Openings and Curb Cuts
a. Subject to TxDOT approval,median openings and curb cuts shall be allowed in quantity
and distances of no less than those shown on the Concept Plan.
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' el I SITE DATA:
Imo L:si •
I I f A I `i L I �
I ;:M I I; Proposed Use: Parking Required: Parking Provided:
I I — I Retail: 1 apoce/200SF 555 spaces 555 spaces •
; /i Total Retail: 111,050 SF/ s i- I
\ I I J \ I I I I I Convenience: 1 apoce/200SF 10 spaces 11 spaces
\v _ I7,1 y , \\ 'f f I I / I Total Convenience: 2,000 SF ... Ad
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C W \\ I 1 1 I -e` Bonk: 1 apoce/300SF 13 spaces 26 spaces pr 04
�\ I Re ested I al y Total Bonk: 4,000 SF 0 U
I f Wog: 1 r l`f I i1 a L'
\ Planned evQl0pfn ; ji j TOTAL PARKING 578 SPACES 592 SPACES "
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II MI F1 Kimley-Horn
and Associates, Inc.
• Exhibit"E"
Camp Retail Tract
± 15 Acre Tract
DEVELOPMENT SCHEDULE
It is anticipated that the development of the subject tract will begin within 1 to 10 years after
approval and signing of the zoning ordinance. During this time period,prior to the initial stages
of development, it is foreseen that plans and studies will be prepared for development and
marketing of the property.
Progress of development improvements will primarily depend on time frames established for
construction of thoroughfares, utilities and market trends/demands for the area.
It is anticipated that the development of the subject tract,excluding total construction of all
structures, will be completed within approximately 20 years of zoning approval.
•
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
CITY OF PROSPER
as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
Legal Notices ) ( Legal Notices "`')
October 18, 2003
TOWN OF PROSPER, TEXAS October 20, 2003
ORDINANCE NO. 03-60
1111 AN ORDINANCE AMENDING PROSPER'S ZONING
ORDINANCE NO. 84-16; REZONING A TRACT OF
LAND CONSISTING OF 19.439 ACRES, MORE OR
LESS, SITUATED IN THE SPENCER RICE SURVEY,
ABSTRACT NO. 787 IN THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS HERETOFORE ZONED
SINGLE FAMILY-1 (SF-1)IS HEREBY REZONED AND
PLACED IN THE ZONING CLASSIFICATION OF
PLANNED DEVELOPMENT-RETAIL IPD-R); DESCRIB-
ING THE TRACTS TO BE REZONED; PROVIDING L/
FOR A PENALTY FOR THE VIOLATION OF THIS 1061C,-1 a.-(%
• ORDINANCE; PROVIDING FOR REPEALING, SAV- j `�
INGS AND SEVERABILITY CLAUSES; PROVIDING 1
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; (Lynda Black)
AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
Sworn to and subscribed before me this October 23, 2003, A.D
�,�`` gATTENAs
, ZJ-? d.-
z•:.•°�jAR jP(.49 ✓ (Lisa Battenfield)
'
111111