2022-30 - O - Amend PD-69 71.0 Acres SE Corner Dallas Pkwy & Frontier Pkwy 06.28.22TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2022-30
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 70.9 ACRES, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY NO. 12,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS,
HERETOFORE ZONED PLANNED DEVELOPMENT-69 (PD-69) IS HEREBY
REZONED AND PLACED IN THE ZONING CLASSIFICATION OF PLANNED
DEVELOPMENT-69 (PD-69); 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 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Metten
Real Estate, L.P. ("Applicant") to rezone 70.9 acres of land, more or less, situated in the Collin
County School Land Survey No. 12, 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. Zoning Ordinance No. 05-20 is amended
as follows: The zoning designation of the below -described property containing 70.9 acres of land,
more or less, situated in the Collin County School Land Survey No. 12, 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-69 (PD-69). 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 requirements, attached hereto as Exhibit "D"; and 4) the
development schedule, attached hereto as Exhibit "E", and 5) Landscape Plan, attached hereto
as Exhibit "F" 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.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
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/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. 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
Ordinance No. 2022-30, Page 2
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
Savings/Repealing 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 28TH DAY OF JUNE, 2022.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2022-30, Page 3
JNl�l33Nl9N3 :I � Lvl•ONJLJVN sHVOA3AULl1S 4
F
MY [ 7OO1I0S ,[.LN(1O3 N177O3 3O!{i V IIGIHXH 7 f ONY130 S3 3V 16.OL 30.LHVd 9N13H
• 3 ! `I JH2[I1 WOW Hadsond p
a mnn 4w+
°Y.av 11&HN3 l-tl5\sEnHs\°av�\tadsoad B3N 6WsmC\Ta�.dW�ll� [ AC'lll']01
02OT11'0'I] MO �AB Q31101d
ENGINEERING
EXHIBIT B — STATEMENT OF INTENT AND PURPOSE
March 18, 2022
Planning Dept.
Town of Prosper
250 W. First Street
Prosper, Texas 75078
Re: Zoning Request — DSF Capital (Metten Tract)
Letter of Intent
To whom it may concern,
Please let this letter serve as the Letter of Intent for the PD Zoning amendment associated with the
proposed development located at the SE corner of Frontier Parkway and Dallas Parkway. The subject
tract is currently zoned PD-69-Retail. The purpose of the planned development amendment is to request a
specific use permit for a proposed retail development and modification to a few landscape requirements
associated with the project. It is intended to utilize the Town's base standards and incorporate some
additional uses and criteria which will better position the proposed development due to proximity to the
future Tollway.
Should you have any questions, please feel free to contact me.
Sincerely,
Matt Moore, P.E.
Claymoore Engineering, Inc.
301 S. Coleman, Suite 40
Prosper, TX 75078
817-281-0572
ENGINEERING
Case Z22-0007
Exhibit C — Planned Development Standards
The proposed development will conform to the development standards of the Retail District of the Town of
Prosper's Zoning Ordinance, as it exists or may be amended, and Subdivision Ordinance, as it exists or may
be amended, except as otherwise set forth in these Development Standards.
1. Except as noted below, the Tract shall develop in accordance with the Retail District requirements of
the Town of Prosper's Zoning Ordinance, as it exists or may be amended.
2. Development Plans
a) Concept Plan: Tract 1 shall be developed in general accordance with the attached
concept plan, set forth in Exhibits D.
b) Landscape Plan: Tract 1 shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit F.
3. TRACT 1 & 2 Retail
A. Permitted Uses:
Tract 1
Tract 2
In addition to those permitted uses as allowed per the Retail District of the Town of
Prosper Zoning Ordinance, the following use shall be permitted in the retail areas
indicated on Exhibit" D". Uses followed by an S are only permitted by Specific Use
Permit. Uses followed by a C are permitted subject to the conditional standards in the
Town' s Zoning Ordinance:
a) Big Box on Lot 5 as shown on Exhibit D.
b) Restaurant with drive -through to be incorporated with the big box on Lot 5 as shown on
Exhibit D.
c) Convenience Store with Gas Pumps and or Gas Pumps — In addition to conditional
standards, shall only be allowed on Lot 5 as shown on Exhibit D.
d) Car Wash (Accessory Use to Convenience Store with Gas Pumps and or Gas Pumps) on
Lot 5 as shown on Exhibit D.
e) Outdoor Merchandise Display, Incidental on Lot 5 as shown on Exhibit D.
a) Hotels — C
b) Theater, Regional
c) Research & Development Center — S
d) Automobile Repair, Minor — In addition to conditional standards, shall not be located
within 230 feet of residentially zoned property
e) Automobile Parts Sales — Shall not be located within 230 feet of residentially zoned
property
f) Restaurant — In addition to conditional standards, shall not be located within 230 feet of
residentially zoned property.
g) Retail Shops and Stores — In addition to conditional standards, shall not be located
within 230 feet of residentially zoned property.
B. Max. FAR: Max. FAR for buildings taller than two (2) stories shall be 1.5:1. Max.
'. FAR for all other buildings shall be 0.4:1.
C. Building Heights: The permitted height of all buildings within the retail areas of the Planned
Development District shall be as follows:
a) The allowed height for Hotels, Office buildings, and Hospitals located within the retail
tract shall be eight (8) stories, not greater than one hundred (100) feet. All other uses
shall be limited to two (2) stories, not greater than forty (40) feet.
b) Non-residential buildings located within one hundred fifty feet (150') of a single- family
zoned area shall be limited to a maximum height of two (2) stories, not greater than forty
(40) feet.
c) Non-residential buildings, which exceed two (2) stories in height, shall be required to
have additional setbacks from single- family zoned areas. These additional setbacks will
require one foot (F) of setback, beyond the aforementioned one hundred fifty feet (150%
for each additional foot of building height above two (2) stories.
d) Only one-story structures are allowed within 84 feet of the south property line of Tract 2.
D. Landscape Standards:
a) 25' of the required 30' Landscape Buffer to be allowed within the 100' Drainage
Easement Along Frontier Parkway. Landscaping Proposed will comply with the
Town of Prosper's Zoning Ordinance.
b) Required Foundation Plantings trees to be placed elsewhere on the site on Lot 5 as
shown on Exhibit D.
c) No Trees to be located within 150' of the front doors of the proposed big box building on
Lot 5. The required trees within 150' of the front door to be place somewhere else on the
site.
d) The required trees may be planted in groups with appropriate spacing for species both
Tract 1 & 2.
e) Earthen berms are not required along Frontier Parkway for both Tract l & 2.
f) In Tract 2, a 30-foot landscape buffer shall be provided adjacent to residentially zoned
property.
g) In Tract 2, Perimeter landscaping adjacent to residentially zoned property shall consist of
a double row of Nellie R Stevens Holly or Eastern Red Cedar trees, or similar as
approved by the Parks Department, planted on 15-foot-centers, minimum of eight feet
(8') in height at the time of planting, in addition to canopy tees as require by the Zoning
Ordinance.
1. The landscape buffer and associated planting shall be provided in conjunction with
the first development that occurs within Tract 2.
E. Screening:
a) Dumpster enclosures shall not be permitted within 100 feet of a residentially zoned
property for retail/restaurant uses.
b) An eight- foot (8') ornamental metal fence shall be required along the east property line
for a minimum distance of 200 feet and commencing at the southeast corner of the
subject property.
1. The ornamental metal fence shall be provided in conjunction with the first
development that occurs within Tract 2.
c) In Tract 1 - Loading docks, truck parking, trash collection, dumpsters, and other
service functions shall be incorporated into the overall design of the building or placed
behind or on the side of a building and screened to not be seen from the rights -of -way.
On corner lots, these areas shall be located behind the buildings.
d) In Tract 1 - Roofs shall be designed and constructed in such a way that they
acknowledge their visibility from other buildings and from the street. Rooftop
mechanical equipment shall be adequately screened with durable material that is
architecturally compatible with the building design. Screening shall insure mechanical
equipment cannot be seen from the public right of way
Additional Regulations:
1. Restaurant, Drive-Thru Service
Where site conditions permit, drive-thru queuing lanes shall be designed so that the
queuing wraps behind the building instead of in front of the building. If the queue lane
wraps in the front of the building, the site shall provide for an ample amount of
landscaping that will provide a buffer from the public rights -of -way.
In additional to the condition standards, there shall be a maximum of two drive-thru
restaurants permitted for every 5 acres on a PD development plan. Drive throughs
associated with an anchor tenant (50,000 gross square feet or larger) are excluded
provided the drive through is supporting an accessory use such as pharmacy, or
restaurant.
2. Big Box with Gas Pumps
a. The design of pump islands and canopy should be architecturally integrated
with other structures on -site using similar colors, materials, and architectural
detailing. All signage should be architecturally integrated with their
surroundings in terms of size, shape and lighting so that they do not visually
compete with architecture of the building and design of the sight.
3. Include Public Art in Gateway Areas to promote vitality and provide a unique sense of
identity.
Art can be an expression of a collective community identity. It can celebrate what is
unique about a community and honor the past and present heritage. Art can include
references to the Town's geography, history, landmarks, ethnic and cultural diversity
which can increase a sense of belonging when people can associate themselves with a
place.
a. Art should be integrated into the community fabric of the Tollway and
should be used to mark significant intersections of the Tollway.
b. Developers should incorporate artist into the design team from the
inception of planning to integrate works of art into their projects.
c. Stand-alone public art can also be used and does not necessarily have to be
tied to a project. Local artists should be used whenever possible.
d. Art may be incorporated into existing structures such as retaining walls or
integrated into utility systems to enhance or screen the use of those
systems.
4. Site Plan and Elevations for Lot 5 set forth in Exhibit D shall be submitted and
approved by the Planning & Zoning Commission and City Council.
SVX3.L`a3dSOad
`JNIJ33Nj : a�= cvl oN3nvalsav t3nans -- N
® w� 700HJS A1NROn O Luva gN13 Y
' ! Q.LIflIHX3 p,
I I g S! $ 4NN'I 30 S3aJtl [b'OL 30 laVd `JNI39
3 3 + 'IVI�2IdL1INIOZ) madsoud add 3
fE s-daa y
lit
zR9.1
ION;
1 1g[ i N � 8 �
pp 1 �_Ii R �a
,
a-'.LLJ
�� 37�,
.el
:-
' I''I
I I
>31 �
8
n s
1°z
IIMo
as
'.�i&:dauurv-
�e
r
L
Eb
�
i
I
��,.,• it
wa
I
w
i¢ih�
I
n.oe, t..waaaw>o�xapae .w-uez m K s uasw..u�rore0,
cm , nvo io�a
wuttrn� ivv xe a3uoia
ENGINEERING
Exhibit E — DSF Retail Development Schedule
It is anticipated that the sanitary sewer line needed to serve this property will be installed by March
2024. Currently, it is anticipated that design of the retail building will occur in 2023 and construction
will commence in 2024.
'•'a'''"u SVX31'H3dSOHd LOdI
ildsoid 'B3'H
NVId iviimens ALA
+r..�aa�o•. �omr�rxvru
0
w'
a¢gw o > r o o a g =
w> j�=~ wH? '� ¢ i ti� F m q' °✓. Z Y� p� � " nl '
o U'O wrrc� g'3y Z��� Fp �rQ�
EZp pw
LLB h�
11w r¢Za "'��Sm "'m o a"YC u < �ww ow w _� Q
Yao rjoammc�oF --� �= _ �` o C '3� I S U
cn
?oz 07 $ �� �a w a <� z Sw o 35 ¢ w;�� go yp xxy4
Ox� o N a Gg aG �G Rp 11 8. ,�I 1 2O w ww9Fi w2u w
w i-¢ w a�
! g a '¢
�a
���A�a� > $
w
2 w o�w Ng $jj a8 0
=95
S — wa xS
Z
o
a �
$@off giv ff op w �k ff �+ ff ff�g3acy
¢ 3! j o&ALL° a o w °mw —
•�
4 yry
SFr � i
-1
E
HIP
Hal
M
_0
Q i 4
w0
$$
F
w
gJs
V
+�
M'G H HAIM 31HMVA
AVMNNVd SV'11VG