16-13 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-13
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 23.40 ACRES OUT OF A 35.72-ACRE TRACT OF LAND,
MORE OR LESS, COMMONLY KNOWN AS PROSPER PLAZA (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 23.40 acres
out of a 35.72-acre tract of land, more or less ("the Property"), commonly known as Prosper
Plaza (Kroger), generally located on the northwest corner of US Highway 380 and Custer Road
in the Town; and
WHEREAS, the proposed SPSD consists of signage for a Kroger store on 23.40 acres,
which was approved by the Town Council on January 26, 2016; while the signage for the
Lowe's store for 12.30 acres was approved by Town Council on December 8, 2015, as SPSD
Ordinance No. 15-73; 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 Sign Coordination Plan, attached hereto
as Exhibit B and incorporated by reference, the detailed elevations, attached hereto as Exhibits
C-4, C-5, C-6, and C-7, the Sign Schedule, attached hereto as Exhibit D and incorporated by
reference, 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.
Ordinance No.16-13,Page 2
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.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF FEBRUARY, 2016.
Ray Smith, MIpyor
ATT
obyn le, owri ecreta
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.16-13,Page 3
EXHIBIT "A"
STATEMENT OF INTENT $ PURPOSE
Prosper Plaza— Kroger
On the Kroger building,there are three signs that are larger than the Town Ordinance including Wall
Wall Sign 6 on Exhibit B-Starbucks logo which is 5 feet in diameter vs.4 feet in the ordinance (due to the
wall height-ordinance is 4 feet),Wall Sign 7 on Exhibit B-Kroger Oval over the main entry which is 7 feet
6 inches vs. 5 feet in the ordinance,and Wall Sign 8 on Exhibit 13-Kroger Oval over second entrance
which is 5 feet 7 inches vs. 5 feet in the ordinance.The total Kroger signage is less than 7%of the total
front facade of the building, and the code allows 50%of the wall area.Additionally,the Kroger
architectural front facades are 47 feet tall and 44 feet tall,and signage that was smaller than proposed
would look out of scale.All other monument or building signage will comply with the Town sign
ordinance.
Ordinance No.16-13,Page 4
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EXHIBIT"D"
SIGN SCHEDULE/DEVELOPMENT STANDARDS
SIGN TYPE DOES NOT COMPLY WITH: SECTION
NUMBER
1 Unified Development Sign Not Applicable
2 Unified Development Sign Not Applicable
3 Unified Development Sign Not Applicable
4 Wall Sign (Lowe's) Maximum Wall Sign Height 1.09 N.2.c.4
5 Wall Sign (Lowe's) Maximum Wall Sign Height 1.09 N.2.c.4
6 Wall Sign (Kroger Starbucks) Maximum Wall Sign Height 1.09 N.2.c.4
7 Wall Sign (Kroger) Maximum Wall Sign Height 1.09 N.2.c.4
8 Wall Sign (Kroger) Maximum Wall Sign Height 1.09 N.2.c.4
9 Existing Monument (Taco Bueno) Not Applicable
10 Proposed Monument (Prosper Retail 1) Not Applicable
11 Proposed Monument(Kroger Fuel) Not Applicable
12 Proposed Monument(Prosper Retail 2) Not Applicable
Ordinance No.16-13,Page 10