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16-06 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-06 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ADOPTING AND APPROVING A SPECIAL PURPOSE SIGN DISTRICT, PURSUANT TO SECTION 3.14.012 OF THE TOWN'S CODE OF ORDINANCES, AS AMENDED, FOR A 13.957-ACRE TRACT OF LAND, MORE OR LESS, COMMONLY KNOWN AS SHOPS AT PROSPER TRAIL (KROGER); MAKING FINDINGS; 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, Section 3.14.012 of the Town's Code of Ordinances, as amended, provides for the approval by the Town Council of the Town of Prosper, Texas (the "Town Council"), of a special district that exclusively addresses sign regulations; and WHEREAS, the special district, if approved by the Town Council, is designated a Special Purpose Sign District ("SPSD"), and in general, the purposes of an SPSD are to (1) promote consistency among signs within a development, thus creating visual harmony between signs, buildings, and other components of the property; (2) enhance the compatibility of signs with the architectural and site design features within a development; (3) encourage signage that is in character with planned and existing uses, thus creating a unique sense of place; and (4) encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards; and WHEREAS, an application has been submitted to the Town for a SPSD for a 13.957- acre tract of land, more or less ("the Property"), commonly known as Shops at Prosper Trail (Kroger), generally located on the east side of Preston Road, 500± north of Prosper Trail in the Town; and WHEREAS, all legal notices required for the creation of the proposed SPSD have been given in the manner and form set forth by law, and public hearings have been held on the proposed SPSD and all other requirements of notice and completion of such SPSD procedures have been fulfilled; and WHEREAS, the Town Council has further investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to adopt a SPSD on the aforementioned property, subject to the terms and conditions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 There is hereby created and approved a Special Purpose Sign District on the Property. All signage on the Property shall be subject to the Statement of Intent and Purpose, attached hereto as Exhibit A and incorporated by reference, the boundary survey, attached hereto as Exhibit B and incorporated by reference, the detailed elevations, attached hereto as Exhibits C- 1, C-2, C-3, and C-4 and incorporated by reference, and the sign schedule, attached hereto as Exhibit D and incorporated by reference. Any signage not specifically addressed in the attachments to this Special Purpose Sign District Ordinance shall comply with the Town's Sign Ordinance, contained in Article 3.14, "Signs," of Chapter 3, "Building Regulations," of the Town's Code of Ordinances, as amended. SECTION 3 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 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 signage that is not in conformity with this Ordinance. SECTION 5 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 Five Hundred ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Town from filing suit to enjoin the violation. The Town retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 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 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 This Ordinance shall become effective from and after its adoption and publication as required by law. Ordinance No.16-06,Page 2 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF JANUARY, 2016. .,.^' Ray Smith, Moyor ATTEST *obynttle, Town ecreta APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.16-06,Page 3 7110 Burns Street Richland Hills, TX 76118 Phone 81 7.222.0033 Fax 817.222.1329 11/30/2015 Exhibit'A' We are requesting a Special Purpose Sign District for(3)signs for the new Kroger located at 1250 North Preston Road.The increased height of the signs would increase visibility from the road and be proportionate to the building size. Wall Sign 4 on Exhibit C-1 and C-2-Kroger logo with Pharmacy above one of the two main entries is 8 feet 6 inches in height verses the 5 feet maximum height which states in the ordinance;Wall Sign 5 on Exhibit C-1 and C-3-Kroger with Marketplace above one of the two main entries is 12 feet 6 inches in height verses the 5 feet maximum height stated in the ordinance;Wall Sign 9 on Exhibit C-1 and C-4- Kroger with Marketplace next to it on the south elevation is 12 feet 6 inches in height verses the 5 feet maximum height stated in the ordinance.The total Kroger signage on the front facade is 10%and the total Kroger signage on the south facade is 2%, and the ordinance allows a total of 50%of signage of the total wall area.All of the other building signs will comply with the Town of Prosper's sign ordinance. 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Z" �O cso < �m a�s�? rRy d z m v c c 0 ® o � o ® 0 0 on 4w rq Ait Y� 0 0 �� z VQ -- -------- 't«R o - Z Lo C, o L a Zo �a % w O o 1. w m ~ W L a m E� r Ex Z Iai w w ----- ...__ ___ C F=y ww y a - WMM/' FnYm e,o, o+ m ALTza �~ a X V J U N zui 2 Q J a ¢� 6 2 Itc `GFO �Gu� z r V G_ 0 • • • • m N • O i O • O _g • i �€ V wag z`a` =eas • �'—��b'�E � m a aQ�o�zN • N� t: W W �0 s O OO • • 'S 6L-.E CYd '. 4 -9-.L7— • • „9,Z6.. z z Exhibit"D" Sign Schedule/Development Standards Sl..n . .,.. ,ea,.. _....... _ _.. .. �,,... . ...... g umber Type Does Not Comply Section With: �..... 1.A Wall Sign(Exit) Not Applicabl. ....... a .. Applicable 1.8 Wall Sign(Exit) Not Applicable 2 A.. .......e. Wall Sign Do Not Enter Not Applicable ............... -.... ..A._. ......�..,._.,,.�... . -...........-..._ g ( ) able .� ...............2.B...........,,,, .,,..n .,Wal�, ,....... .... ,..... _.�,Y. ,,, ....- : able ...m .. ....... ,,, I Sign(Do Not Enter) Not Applicable m.. ..... _ - �JWall Sign ........... „ .._ ._._.__ � _ (Drive Thru) Not Applicable 4 Wan Sign(Kroger Pharmacy) Maximum Wall Height 1.09 N.2.c.4 .Maxim.... ......... ........ , ....... .... ..ro,�..... Wali Sign(Kroger Marketplace) um Wall Height 1.09 N.2.c.4 Wall Sign(Starbucks Logo) I Not Applicable .. 7.A Wall Si ................... .. . . .._... Sign Enter Not Applicable ®..7.8 Wall Sign(Enter) Not Applicable ®....,.... _ . m.... .....m._ _.__. . g,A Wall Sign(Open/Close LED) Not Applicable g,g Wall Slgn(Open/Close LED) Not Applicable g Wan s ign(Kroger Marketplace) Maximum Wall Height 1.09 N. 2.c.4 f' Ordinance No.16-06,Page 11