04-045 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-45
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 9 (USE OF LAND AND BUILDINGS) OF ZONING ORDINANCE NO.
84-16; 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 ("Town Council") has
investigated and determined that Section 9 (Use of Land and Buildings) of the Town of Prosper,
Texas ("Prosper") Zoning Ordinance No. 84-16 should be amended; and
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the
best interest of the citizens of Prosper to amend Prosper's Zoning Ordinance No. 84-16 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: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 9 of
Prosper's Zoning Ordinance No. 84-16 is hereby amended to add the use "Beer & Wine
Package Sales" and its associated permitted districts to the Schedule of Uses as follows:
Schedule of Uses
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SECTION 3: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 9.F
(Definitions and Explanations Related to Use Schedules) of Prosper's Zoning Ordinance No. 84-
16 is hereby amended to add the use "Beer & Wine Package Sales" and its associated
definition as follows:
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(75) Beer & Wine Package Sales — An establishment engaged in the selling of beer
and/or wine to the general public for off-site personal or household consumption and
rendering services incidental to the sale of such goods.
SECTION 4: Amendment to Prosper's Zoning Ordinance No. 84-16. Section 9.G
(Conditional Development Standards for Beer & Wine Package Sales) of Prosper's Zoning
Ordinance No. 84-16 is hereby created to read as follows:
Section 9(G): Conditional Development Standards for Beer & Wine Package Sales
A. Beer & Wine Package Sales stores are permitted by right in the referenced zoning
districts subject to compliance with the Texas Alcoholic Beverage Code, as it exists or
may be amended, and to the following development criteria:
1. Shall not be located closer than 300 feet to a church and/or public hospital measured
along the property lines of the street fronts from front door to front door and in direct
lines across intersections.
2. Shall not be located closer than 300 feet to a public or private school measured in a
direct line from property line to property line, and in direct lines across intersections.
3. The minimum distance between a Beer & Wine Package Sales store and a private
school can be increased to 1,000 feet upon action by the Town Council after
receiving a request from the governing body of the private school to do so.
4. Beer sales are not permitted in residential areas. Residential areas include
properties that are zoned Neighborhood Service or a Planned Development that
allows vertical mixed use developments with a residential component, because these
zoning districts are part of the neighborhood(s) within which they are located.
5. Beer &Wine Package Sales stores that derive more than 75% of their gross revenue
from the sale of beer and/or wine:
a. Are permitted only by Specific Use Permit in the R, C, CC, I, and PD zoning
districts;
b. Shall not be located closer than 2,000 feet from another Beer & Wine Package
Sales store that derives more than 75% of their gross revenue from the sale of
beer and/or wine, measured building-to-building (or outer wall of the lease space)
in a straight line;
c. Shall not be located closer than 800 feet from the building to the property line of
a residential zoning district; and
d. Shall not be located closer than 1,500 feet from the property line of a Town park,
church, hospital, public or private school, college/university, rehabilitation care
institution, or child or adult day care, measured in a straight line from front door of
the establishment to the nearest property line of a Town park, church, hospital,
public or private school, college/university, rehabilitation center, or child or adult
day care.
SECTION 5: Savings/Repealinq 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
provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal
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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 ordinance shall remain in full force and
effect.
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 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: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance or any provision of Prosper's Zoning Ordinance No. 84-16, or as 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 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 28th day of April, 2004.
APPROVED AS ORM:
arles Niswanger, ayor
ATTESTED TO AND
CORR CTLY RECORDED BY:
hanae Jenni s own Secre
DATE OF PUBLICATION: , Dallas Morning News—Collin County Addition
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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:
Town of Prosper
as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
May 6, 2004
TOWN OF PROSPER, May 7, 2004
TEXAS
ORDINANCE NO.E04,45
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Sworn to and subscribed before me this May 13, 2004, A.D
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