15-65 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-65
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE AND ORDINANCE NO. 07-088 BY REZONING
A TRACT OF LAND CONSISTING OF 83.608 ACRES, MORE OR LESS,
SITUATED IN THE I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED
DEVELOPMENT -38 (PD -38) TO PLANNED DEVELOPMENT -38 (PD -38);
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 Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), initiated an amendment to Planned
Development -38 (PD -38), in conjunction with a request from Cothran Malibu, L.P. ("Applicant"),
to rezone 83.608 acres of land, more or less, situated in the I.C. Williamson Survey, Abstract
No. 948, 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, THAT:
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 the Town's Zoning Ordinance and Ordinance No. 07-088, The Town's
Zoning Ordinance, adopted by Ordinance No. 05-20, and Ordinance No. 07-088 are amended
as follows: The zoning designation of the below -described property containing 83.608 acres of
land, more or less, situated in the I.C. Williamson Survey, Abstract No. 948, 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 -38 (PD -38). The property
as a whole and the boundaries for each zoning classification are more particularly described in
Exhibit A and 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) the conceptual elevations, attached hereto as Exhibits F and F-1, and 6) the
conceptual landscape plan, attached hereto as Exhibits G, G-1, and G-2, 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/Repali. 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 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. 15-65, 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
Savings/Repealinq Clause. Prosper's Zoning Ordinance 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 13TH DAY OF OCTOBER, 2015.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smith, M yor
Ordinance No. 15-65, Page 3
V, Ill DNINOZ
07%
CO r<
NuC
Cr L"j hot
WOW 11 Ps I
loll
oil 1 oil! I
hill
flu! sup
pe,
will.
SAW
ids
lot
Jag
H
I
oil
1 Ile
OWN
4135
OOZi
077 !LN3NdOlV3(7 3DNYYD ON(SS080 83(:IS021d
9*6 'ON IOMLS8VA34&IS NOSHYMA 7/ 1
SYX31 'Ai 34& NrrW V, JIGIHX3 91VINOZ
d3dsodd -40 mwol
QU
IM H"
41
giapp
g i
58
6i
fig
is 52 HH 8 o5
"g g UR 9 Ha d
�2.
H 'N
-2 p5�91 gV
.1 Ea 9
oq
p; Fg g
5-9 fadoj?'§ jF;
g 5-
25 N6
gig,- wB-1 2
_g v
H45S
gxm 0 81 1 ALL" WS
li -a gi
21 5�-
K�5 i �t t� 0- i
3 s5 ;174 ,Tg2 gi N I .
os itee.
C
X H
EXHIBIT 'B'
CVS Pharmacy intends to develop the hard corner of US 380 & Coit road with a 14,600 SF building with drive-thru
service. The remainder of Tract A is designed as a shopping center to accommodate an approximate 115,000 square
foot anchor retail building along with complimentary retail establishments containing restaurant and typical service
tenants. Other than CVS, there are four (4) planned outparcels which may contain a combination of national and
regional retailers including banks, casual dining restaurants as well as established quick -service restaurants.
Tracts B, C & D are under separate ownership, but governed by the same zoning, Planned Development -38 (PD -38).
This Planned Development request is intended to resolve the discrepancy between the zoning and ownership
circumstances and allow for the development of a CVS Pharmacy in the near term and future retail and service of
the remaining property in the future.
Ordinance No. 15-65, Page 6
-Exhibit C -
Planned Development Standards
Conformance with the Town's Zoininq Ordinance and Subdivision Ordinance:
Except as otherwise set forth in these Development Standards, the regulations of the Town's
Zoning Ordinance (Ordinance No. 05-20 as it exists or may be amended) and the Subdivision
Ordinance (as it exists or may be amended) shall apply.
Tract A Retail District
A.1 Except as noted below, Tract A shall develop in accordance with the Retail District, as it
exists or may be amended.
A.2 Development Plans
1. Conceptual Development Plan: Development shall be in conformance with the
attached concept plan, set forth in Exhibit D.
2. Elevations: Development shall be in conformance with the attached elevations, set
forth in Exhibit F.
3. Landscape Plan: Development shall be in conformance with the attached landscape
plan, set forth in Exhibit G.
4. Minor amendments to the approved Conceptual Development shall be considered at
time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly
note any deviations from the approved Conceptual Development Plan. To be
classified as a minor amendment, the proposed changes shall not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density,
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans
Where the proposed changes do not meet the criteria of a minor amendment, a formal
amendment of the Planned Development District, including Public Hearings conducted
by the Planning & Zoning Commission and Town Council shall be required in
accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be
amended.
A.3 Uses. Uses shall be permitted in accordance with the Retail District and as shown on
Exhibit D with the exception of the following uses which shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
Ordinance No. 15-65, Page 7
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
A.4 Regulations
1. US 380 - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper
trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be
provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a
minimum thirty (30) lineal feet.
2. Coit Road - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper
tree (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be
provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a
minimum thirty (30) lineal feet.
3. Richland Blvd. — Tree plantings shall be provided at a minimum rate of a four (4) inch
caliper tree 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 Richland Boulevard
in areas which are not encumbered by the gas line easement.
4. Parking abutting perimeter landscape areas shall be screened from the adjacent
roadway by 3' minimum tall shrubs and 3' minimum tall berms.
5. Loading Areas — Where loading areas are adjacent to Richland Boulevard evergreen
trees with a minimum height of ten (10) feet shall be provided at a minimum rate of
one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the
loading areas.
6. Utility Power Lines: New utility distribution and service lines for individual business
establishments, buildings, signs and for any other site development features shall be
placed underground. Existing overhead facilities may remain overhead.
7. All required trees that conflict with the existing 50' gas easement must be located in
an alternate location outside of the 50' gas easement on the subject property for the
parking islands as designated on Exhibit `D'. All other islands shall be designed in a
manner to meet Town's landscape requirements.
8. All above ground detention ponds shall be treated as open space amenities and
landscaped as such. These ponds shall be placed in a manner as to be designed
and constructed to maintain a constant normal pool elevation. The Town's
engineering department shall review and confirm any design constraints that would
preclude the pond from maintaining a constant pool elevation.
9. Building Height — Maximum Building Height shall not exceed forty-five (45) feet.
10. Drive-thru services are not allowed on consecutive lots.
Ordinance No. 15-65, Page 8
11. Lots 2, 3, and 4 are designated for retail and drive-thru restaurant uses; however,
drive-thru restaurants may not be adjacent to each other on those lots. Lot 5 shall be
limited to a restaurant use and no drive-thru restaurant use shall be permitted.
Further, the open space tract depicted on the site plan depicted in Exhibit D shall be
depicted as a component of Phase 1 and developed and constructed in conjunction
with the proposed CVS Pharmacy. The open space tract shall be landscaped and
subject to Town staff approval.
Tract B, C, & D Retail District
B.1 Except as noted below, the Tracts B, C, & D shall develop in accordance with the Retail
District, as it exists or may be amended.
B.2 Development Plans
1. Conceptual Development Plan: Prior to application for a Preliminary Site Plan and/or
Site Plan on Tract B, C, & D, a Conceptual Development Plan shall be submitted for
each Tract, and receive a recommendation from the Planning & Zoning Commission
and be approved by the Town Council.
A Conceptual Development Plan shall be prepared and contain the same information
as required for "Exhibits D and F" associated with the application for a Planned
Development District. The required information of Exhibits D and F associated with a
Planned Development District are denoted in the Town's Development Manual as it
exists or may be amended.
This Conceptual Development Plan shall be required for the general area within which
development is to occur. This general area shall be bounded by thoroughfares,
ownership lines, creekways or other physical barriers that define a geographic
boundary that separates the area of interest from other parcels.
Minor amendments to the approved Conceptual Development shall be considered at
time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly
note any deviations from the approved Conceptual Development Plan. To be
classified as a minor amendment, the proposed changes shall not:
1. alter the basic relationship of the proposed development to adjacent property,
2. alter the uses permitted,
3. increase the density,
4. increase the building height,
5. increase the coverage of the site,
6. reduce the off-street parking ratio,
7. reduce the building lines provided at the boundary of the site, or
8. significantly alter any open space plans
Where the proposed changes do not meet the criteria of a minor amendment, a formal
amendment of the Planned Development District, including Public Hearings conducted
by the Planning & Zoning Commission and Town Council shall be required in
accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be
amended.
Ordinance No. 15-65, Page 9
B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception
of the following uses which shall be prohibited:
1. Athletic Stadium or Field, Private
2. Athletic Stadium or Field, Public
3. Cemetery/Mausoleum
4. Commercial Amusement, Outdoor
5. Recycling Collection Point
6. School District Bus Yard
7. Sewage Treatment Plant/Pumping Station
8. Trailer Rental
9. Utility Distribution/Transmission Facility
10. Water Treatment Plant
B.4 Regulations
1. US 380 — On Tracts B, C, & D tree plantings shall be provided at minimum rate of a
four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub
plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of
planting) per a minimum thirty (30) lineal feet.
2. Richland Blvd. — On Tracts B, C, & D tree plantings shall be provided at a minimum
rate of a four (4) inch caliper tree 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 Richland Boulevard in areas which are not encumbered by the gas line
easement.
3. East Property Line - On Tracts B, C, & D the landscape buffer shall be twenty five (25)
in width. Tree plantings shall be provided at a minimum rate of a four (4) inch caliper
tree per twenty (20) linear feet. Shrub plantings shall be provided at a lineal rate of 40
five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet.
4. Parking abutting perimeter landscape areas shall be screened from the adjacent
roadway by 3' minimum tall shrubs and 3' minimum tall berms.
5. Loading Areas — Where loading areas are adjacent to Richland Boulevard and the
east property line, evergreen trees with a minimum height of ten (10) feet shall be
provided at a minimum rate of one (1) tree per twenty (20) linear feet within the
landscape buffer adjacent to the loading areas.
6. Utility Power Lines: New utility distribution and service lines for individual business
establishments, buildings, signs and for any other site development features shall be
placed underground. Existing overhead facilities may remain overhead.
All required trees that conflict with the existing 50' gas easement must be located in
an alternate location outside of the 50' gas easement on the subject property for the
parking islands as designated on Exhibit'D'. All other islands shall be designed in a
manner to meet Town's landscape requirements.
4
Ordinance No. 15-65, Page 10
8. All above ground detention ponds shall be treated as open space amenities and
landscaped as such. These ponds shall be placed in a manner as to be designed
and constructed to maintain a constant normal pool elevation. The Town's
engineering department shall review and confirm any design constraints that would
preclude the pond from maintaining a constant pool elevation.
9. Building Height — Maximum Building Height shall not exceed forty-five (45) feet.
10. Drive-thru services are not allowed on consecutive lots.
Ordinance No. 15-65, Page 11
os-s �s -.7. Y YYYFpNtWNtB r; nn, ax t+dn.,t
aW mmv.� ooze JNlSS021O N3dS02id
ssv Uz7nao �wsn .0 1181NX3 ONINOZ
roaI 'vaaapevvy y • BYB ON 1JY2xmS A3Ad'NS No$NYI77Ni 'J'1
UII61Qja$QiM �1 sp dsoa" mw NV7d 1N3WdO73/3Q 7VnLd3ONOO
&ram;m No k;ve o0
yflc ati U'
HN
Ld
'c ✓ �
z
f:NN f, iSy k' hu :f
-,..9 t C'� III I
d t. fiti4 �x.
r "e 1,,i
.{{
coo V
MZ j.I
,,71U�A�kk�1111,�ii >rael/:N1frVlr � -.
1��11akPiu4
*3f1, ,
4
I I 14uk,
,
M.
1.
EXHIBIT `E'
PROJECTED DEVELOPMENT SCHEDULE
PROSPER CROSSING
June 12, 2015
TRACT A:
Phase 1 (CVS Pharmacy)
a. Construction Start 02/01/16
b. Construction Completion 07/16/16
c. Store Opening 08/07/16
Phase 2 (Anchored Shopping Center
a. Construction Start TBD
b. Construction Completion TBD
c. Store Opening TBD
TRACTS B, C, & D
a. Construction Start TBD
b. Construction Completion TBD
c. Store Opening TBD
Ordinance No. 15-65, Page 13
WEST ELEVATION
(COIT ROAD)
SOUTH ELEVATION
(UNIVERSITY DRIVE/ U.S. 380)
EAST ELEVATION
NOTE:
1. THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY
ALL BUILDING PLANS REQUIRE REVIEW AND APPROVAL FROM
THE BUILDING INSPECTION DIVISION.
2, ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM
PUBLIC VIEW IN ACCORDANCE WITH THE COMPREHENSIVE
ZONING ORDINANCE
3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS
SHALL BE PAINTED TO MATCH THE BUILDING
A. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL
BY THE BUILDING INSPECTION DEPARTMENT
5, WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE
REFLECTIVITY OF TEN (10) PERCENT.
NORTH ELEVATION
Prosper, TX
O
r
H
ZJ
NJ
L)
AI
rL
�111' 1f
W
s,
WS
N
W
H
ZJ
NJ
L)
AI
�111' 1f
(?Pd 4100
L
NJ
AI
�111' 1f
pig
VIAo ow
ffi a €a eag 8�=gam a s o
�
'" 3. ��!ga � a��m�� a � a
� �� IreI� ffia&a. z a
10
Amn R.5
4
— aa�
e a
a a
�w
Aq
Hill
Nd Q
- a ,
lz
s
¢z
nil
gl<TR N
€s l€E °$ 'gip€° it -t $_€a a_�°£ € a fix' a
Aga€$"s;'s=4F>,pg.eI€a $-u&Yu. $xdgffi.$yggW
11HU€h zMIA�s���
5' sn
H HEV
m�
I��C p��am 58 N�W��
flgg-lil A.
Amp,-
I w
avow oo«��
z� 2
opo