15-17 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-17
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 04-99; REZONING A TRACT OF LAND CONSISTING
OF 3.48 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT -17 (PD -17) IS HEREBY REZONED AND PLACED IN THE
ZONING CLASSIFICATION OF PLANNED DEVELOPMENT -17 (PD -17);
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. 04-99 should
be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from
Prosper Bank ("Applicant") to rezone 3.48 acres of land, more or less, situated in the Collin
County School Land Survey, Abstract No. 147, 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 Zoning Ordinance No, 05-20 and Ordinance No, 04-99. Zoning
Ordinance No. 05-20 and Ordinance No. 04-99 is amended as follows: The zoning designation
of the below -described property containing 3.48 acres of land, more or less, situated in the
Collin County School Land Survey, Abstract No. 147, 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 -17 (PD -17). The property as a whole and the
boundaries for each zoning classification are more particularly described in Exhibits "A" and "A-
1" 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 planned development standards,
attached hereto as Exhibit "B"; 2) the concept plan, attached hereto as Exhibit "D"; and 3) the
conceptual elevations, attached hereto as Exhibit "E", 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.
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.
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
Ordinance No. 15-17, Page 2
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/Repealina 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 MARCH, 2015.
ATTEST:
Town Secretar
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
r.
Ray Smith, Mayor
Ordinance No. 15-17, Page 3
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EXHIBIT B
PLANNED DEVELOPMENT STANDARDS
Except as otherwise set forth in these developments standards, the property, as described in
Exhibit A-1, shall develop in accordance with Ordinance No. 04-99, as adopted by the Town
Council on September 28, 2004.
1.0 Tract 1: Retail
The tract may be developed under the regulations of Retail (R) District as outlined in the Town of
Prosper Zoning Ordinance 05-20 as it exists or may be amended, subject to the following
amendments:
A, The maximum building height for structures in the Retail tract shall be thirty (30) feet.
Architectural features may extend above the thirty (30) foot limit, but shall not exceed
forty (40) feet.
1. The building depicted on Exhibit D shall have a maximum building height of
sixty (60) feet. Architectural features may extend above the sixty (60) foot limit,
but shall not exceed sixty (65) feet. Examples of architectural features would be
balusters, finials, chimneys, entablatures, pediments, pendentives, parapets, or
pinnacles.
B. The minimum side and rear yard setbacks for structures in the Retail tract adjacent to a
residential zoning district shall be forty (40) feet.
C„ A landscape buffer a minimum width of fifteen (15) feet shall be provided along the side
and rear property lines adjacent to a residential zoning district. Large evergreen trees
shall be planted within this landscape buffer every twenty (20) feet on center. These trees
shall be a minimum three (3) inch caliper and a minimurn eight (8) feet in height at the
time of planting.
D, A six (6) foot masonry screening wall shall be provided by the developer of the Retail
tract along the side and rear property lines adjacent to a residential zoning district. The
screening wall shall be brick and/or stone to match the building.
E. The uses permitted in the Retail tract shall be those permitted in the Retail District as
contained in Zoning Ordinance 05-20 as it exists or may be amended, subject to the
following amendment:
Convenience Stores with Gas Pumps shall be subject to the following development
standards:
1, Permitted only at either the corner of Preston Road and First Street or Preston
Road and Broadway Street. The corner shall be determined when development
plans are submitted for the property. Gas prnrips shall not be located further than
two hundred 1`ect (200') from the right-of-way lines of the intersecting
thoroughfares;
2. The building and the canopy shall have pitched roofs;
3. Canopy support columns shall be entirely masonry encased;
Ordinance No. 15-17, Page 6
4. The canopy band face shall be a single color consistent with the main structure or
an accent color and may not be backlit;
5. Use shall be removed if closed for more than six (6) months.
F, Structures on the Retail tract shall a minimum of ninety (90) percent unit masonry on the
fagade. Unit masonry shall include brick, natural stone or manufactured stone. The
structures shall maintain an equal architectural finish on the sides and rear as on the front.
The building depicted on Exhibit D shall substantially conform to the building
elevations, as shown on Exhibit E.
G. No wall signs shall be permitted to face any residentially zoned property located directly
adjacent to the Retail tract.
H, The perimeter landscape area shall be reduced to a minimum of twenty (20) feet along
First Street, as shown on Exhibit D.
Ordinance No. 15-17, Page 7
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