04-059 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-59
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16
AND ORDINANCE NO. 03-60; REZONING A TRACT OF LAND CONSISTING
OF 34.15 ACRES, MORE OR LESS, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 167 AND THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 172, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, HERETOFORE ZONED PLANNED
DEVELOPMENT-RETAIL (PD-R) AND SINGLE-FAMILY-1 (SF-1) 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. 84-16 and Ordinance No. 03-60 should
be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from the
Frisco Tollway Partners, Ltd. ("Applicant") to rezone 34.15 acres of land, more or less, situated
in the Collin County School Land Survey, Abstract No. 167 and the Collin County School Land
Survey, 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:
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-59, Camp Addition Z04-9.doc 1
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
and Ordinance No. 03-60 are amended as follows: The zoning designation of the below-
described property containing 34.15 acres of land, more or less, situated in the Collin County
School Land Survey, Abstract No. 167 and the Collin County School Land Survey, 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 conceptual development 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.
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 inspector 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
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-59, Camp Addition Z04-9.doc 2
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 Planned Development District shall be sent to
all property owners within two hundred feet (200') of the specific area 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: Penalty. 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 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
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.
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-59, Camp Addition Z04-9.doc 3
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
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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 25th DAY OF May, 2004.
APPRO AST FORM:
arl i an , ayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
4)11
Shanae Jenni , Town Secr ary
DATE OF PUBLICATION: ;Al r `� WDallas Morning News—Collin County Addition
C:\Shanae\ORDINANCES&RESOLUTIONS\ORDINANCES\2004 Ordinances\04-59, Camp Addition Z04-9.doc 4
EXHIBIT A
LEGAL DESCRIPTION
34.15 ACRES
BEING a tract of land out of the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract
No. 167 and the COLLIN COUNTY SCHOOL LAND SURVEY, Abstract No. 172, in the
Town of Prosper, Collin County, Texas, being part of the 127.95 acre tract of land
described in deed to Michael A. Henneman, et ux recorded in Collin County Clerk's File
No. 93-0097093 of the Land Records of Collin County, Texas, being part of the 14.84
acre tract of land described in deed to Frisco Tollway Partners, Ltd., recorded in Collin
County Clerk's File No. 02-013484 of the Land Records of Collin County, Texas, and
being more particularly described as follows:
BEGINNING at a point for the intersection of the centerline of Spur 439 and the east
right-of-way line of State Highway No. 289;
THENCE with said east right-of-way line, the following courses and distances to wit:
South 00°49'48"West, a distance of 397.04 feet to a point for corner;
South 02°01'41" East, a distance of 200.25 feet to a point for corner;
South 00°49'48"West, a distance of 553.70 feet to a point for corner;
THENCE leaving the east right-of-way line of State Highway No. 289, the following
courses and distances to wit:
North 89°10'12"West, a distance of 360.00 feet to a point for corner;
North 35°29'56"West, a distance of 282.07 feet to a point for corner;
North 89°13'01"West, a distance of 298.00 feet to a point in the west line of said
14.80 acre tract;
THENCE with said west line, South 00°46'59"West, a distance of 284.91 feet to a point
for corner in the centerline of a creek;
THENCE along the centerline of said creek, the following courses and distances to wit:
North 54°43'31"West, a distance of 107.29 feet to a point for corner;
North 46°38°35"West, a distance of 109.44 feet to a point for corner;
South 69°33'29"West, a distance of 201.06 feet to a point for corner;
South 65°18'07"West, a distance of 218.72 feet to a point for corner;
THENCE leaving said centerline, North 01°08'27" West, a distance of 1193.39 feet to a
point in the centerline of said Spur 439;
THENCE with the centerline of said Spur 439, North 88°51'33" East, a distance of
1419.61 feet to the POINT OF BEGINNING and containing 34.15 acres of land.
This document was prepared under 22 TAC §663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the cre. i/or
reconfiguration of the boundary of the political subdivision for which it was • - >-reel
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EXHIBIT-A' I
41111,111*
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CAMP PROPERTY-ZONING CASE Z04-9 0'
BEING 34,15 ACRES OUT OF THE N 1
S.RICE SURVEY,ABSTRACT NO.7A7 IS e
COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO.167 Z
IF COLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO.172 2 1
TOWN OF PROSPER.COLLIN COUNTY,TFYAC 0
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Exhibit"B"
Camp Retail Tract
±34 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.
C:\Doc,ments and Settings\Owner\L.ocal Settings\Temporary Internet Files\OLKI4\Statemen..oflntent.doc
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 require a site
plan as standard process. The subject property will be zoned PD Retail to include uses
generally found in retail zoning. The property shall be subject to the requirements
established for the Retail District in Zoning Ordinance 84-16, as it exists or may be
amended,subject to the following amendments contained herein.
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 that shall be specifically allowed by not required shall include:
Convenience store with a maximum of 10 MPD's
Grocery store anchor with additional retail or office secondary uses
Nursery—retail/commercial
Auto repair garage,minor
Restaurant or eating place(drive-in service)
Tool rental(domestic equipment)
Parking lot or structure(commercial/office)
Sporting goods sales
Discount building material sales
Office
Accessory building or use,business or industrial
Building material yard and construction office
Caretaker or guard residence
Field office temporary
Off street parking incidental to in use?
Swimming pool,private
Electrical substation(high voltage,bulk power)
Electrical transmission line,high voltage
Fire station
Gas line and regulating station
Local utility line
Private franchise utility(not listed)with SUP
Public Building, shop or yard of local,state or federal governmental agency
(with SUP)
Radio,television or microwave tower(with SUP)
Sewage treatment plant
G:\671 I3007.:amp Prosper\Proj\Submit\4-20-04\PD Standards-revised(4-14-04).doc
Telephone business office
Telephone exchange, switching relay or transmitting station
Water stand pipe,elevated or ground water storage
Water reservoir,well or pumping station
Church or Rectory
College or University
Convent or Monastery
Community Center Public
Faternal Club or Lodge
Kindergarten or nursery school
Home for senior citizens or nursing home
Hospital,acute care
Hospital,chronic care
Institutions of religious charitable or philanthropic nature
Museum, library or art gallery(public)
School,public or denominational
Country Club(private)
Golf Course(public or private)
Park or playground(public)
Playfield or Stadium(public)
Recreation Center(public or private)
Swim or Tennis Club(private)w/SUP
Swimming Pool(public)
Theater in building
Helistop(w/SUP)
Auto laundry(car wash)
Auto parts and accessory sales(indoors)
Gasoline or fuel service station
Antique shop
Art supply store
Bakery or confectionery shop(retail)
Bank or savings and loan
Book or stationary store or newsstand
Cleaning and pressing shop(small shop and pick-up)
Custom personal service
Clinic,medical,dental or doctor's office
Department or variety store
Drug store or pharmacy
Florist or garden shop
Furniture or appliance store
Food and beverage sales store
Greenhouse or plant nursery(retail sales) •
Handcraft shop and art objects
Hardware store or hobby shop
Household appliance service and repair
Incidental or accessory retail and service uses
Key shop
Laboratory,medical and dental
Laundry or cleaning self service
General business and professional
Restaurant or cafeteria
Ci:\67113007-Camp Prosper\Pmj\Submit\4-20-04\PD Standards-revised(4-14-04).doc
Retail shop or store other than specifically listed
Studio,health,reducing or similar service
Studio,music,dance or drama
Travel bureau or consultant
Veterinarian's office only(no animal hospital)
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'
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.
G:\67113007-Camp Prosper\Proj\Submit44-20-04\PD Standards-revised(4-I4-04).doc
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Exhibit"E"
Camp Retail Tract
±34 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 of 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.
C:\Documents and Settings\Owner\L.ocal Settings\Temporary Internet Files\OLK14\Developmem Schedule.doc
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:
CLegal Notices
TOWN OF PROSPER,
TEXAS June 3, 2004
ORDINANCE NO. 04-59
AN ORDINANCE June4, 2004
AMENDING PROSPER'S
ZONING ORDINANCE
NO. 84-16 AND ORDI-
ZON NG ATRACT OF
LAND CONSISTING OF
34.15 ACRES, MORE OR
LESS, SITUATED IN
THE COLLIN COUNTY
SCHOOL LAND SUR-
VEY,ABSTRACT NO. 167
AND THE COLLIN
COUNTY SCHOOL LAND
SURVEY, ABSTRACT
OFF PROSPER,COLLIN
COUNTY, TEXAS,
HERETOFORE ZONED /
PLANNED DEVELOP-
MENT-RETAIL ��(� (L+ /'/X
AND SINGLE-FAMILY-1
\ M/ / l.•{l'
(SF-1) IS HEREBY RE-
ZONED
ANDPLACED
IN (Lynda Black)
IN THE ZONING IFICATIONOFCLAS- (Lynda Black)
SN O F
PLANNED DEVELOP-
MENT-RETAIL (,PD-R);
TTDERACTTITO BC E RE-
ZONED; PROVIDING
FTHE VIOLATION PENALTY
THIS ORDINANCE;
PROVIDING FOR RE-
PEALING, YIAUEAILT CLS--
ES; FEGTSworn to and AN EFECTIVDATE, me this June 4, 2004, A.D
OF THIS ORDINANCE;
AND PROVIDING FOR
THE PUBLICATION OF
THE CAPTION HEREOF
•
e,ATT44
V aOTPRYp/9'•,
, • (Lisa Batten Id)
•
poFTE
vN