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16-12 O - Rezoning 15.685 acres at US 380 and Custer Road, Z15-0011 TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-12 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 06-73, BY REZONING A TRACT OF LAND CONSISTING OF 15.685 ACRES, MORE OR LESS, SITUATED IN THE JEREMIAH HORN SURVEY, ABSTRACT NO. 411, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM COMMERICAL (C) AND PLANNED DEVELOPMENT-25 (PD-25) TO 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 the Town's Zoning Ordinance No. 05-020 and Ordinance No. 06-73 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper"), has received a request from Rosebriar Prosper Plaza, LP ("Applicant"), to rezone 15.685 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract No. 411, 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, THAT: 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 the Town"s Zoning Ordinance. The Town's Zoning Ordinance, adopted by Ordinance No. 05-20 and Ordinance No. 06-73, is amended as follows: The zoning designation of the below-described property containing 15.685 acres of land, more or less, situated in the Jeremiah Horn Survey, Abstract No. 411, 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 concept plan, attached hereto as Exhibit D; 4) the development schedule, attached hereto as Exhibit E; 5) the conceptual elevation plans, attached hereto as Exhibits F, and 6) the conceptual landscape plans, attached hereto as Exhibit G, 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. 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 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 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 No.16-12,Page 2 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. SECTION 7 Savin sl e ealin Clause. Prosper's Zoning Ordinance 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 9T" DAY OF FEBRUARY, 2016. �F Ray Smith, 1',ayor ATTES "���'"" ,�' obyn Ba I , Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.16-12,Page 3 ...........................— ........... 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Exhibit `B" Statement of Intent and Purpose The Applicant intends to develop a shopping center anchored by a full service grocery store and will include 9 fuel pump (18 stations)and kiosk.The store is currently planned to be approximately 123,000 square feet. The grocery store is being developed on the existing lot next to the purposed Lowes to fill out much of the remaining developable land at Prosper Plaza. Ordinance No.16-12,Page 6 -EXHIBIT C- REVISED 8/27/15 Planned Development Standards Conformance with the Town's Zoning Ordinance and Subdivision Ordinance Except as otherwise set forth in these Development Standards,the regulations of the Town's Zoning Ordinance (Ordinance No.05-20 as it exists or may be amended)and the Subdivision Ordinance as it exists or may be amended)shall apply. Tract A Retail District A.1 Except as noted below,the Tract shall develop in accordance with the Retail District,as it exists or may be amended. A.2 Development Plans: 1. Concept Plan: Development shall be in conformance with the attached concept plan,set forth in Exhibit D. 2. Elevation: Development shall be in conformance with the attached elevations, set forth in Exhibits F. 3. Landscape Plan: Development shall be in conformance with the attached landscape plan,set forth in Exhibit G. A.3 Uses. Uses shall be permitted in accordance with the Retail District.A big box retail building and fuel center is a permitted use. The following uses shall be prohibited: 1. Athletic Stadium of Field, Private 2. Athletic Stadium of Field, Public 3. Cemetery/Mausoleum 4. Commercial Amusement,outdoor 5. Recycling Collection Point 6. School District Bus Yard 7. Sewage Treatment Plant/Pumping Station 8. Trailer Rental 9. Utility Distribution/Transmission Facility 10.Water Treatment Plant Ordinance No.16-12,Page 7 A.4 Regulations: 1. U.S. Highway 380 a. Tree plantings shall be provided at minimum rate of one tree of a minimum four(4) inch caliper(at the time of planting) per twenty five (25) lineal feet. b. Trees may be planted outside of the 30' landscape buffer but must be placed on the roadway side of the nearest adjacent paved area. c. A berm of a variable height of two (2)feet to three(3)feet shall be provided within the landscape buffer to provide additional screening of the outdoor sales,and display areas. d. Trees may be grouped or clustered together to provide additional screening as an alternative to planting all at a specific distance between trees. 2. Outdoor sales display and storage shall be permitted but limited to a big box and fuel center subject to the following conditions: a. Shall be located in the locations identified on Exhibit D. b. Shall not block or impair sidewalks,ADA access,doorways or fire lanes. 3. Foundation landscape required in accordance with Exhibit G. 4. Cart corrals shall consist of ornamental metal fence, 5. Building Materials: may include"Quik Brick" (a 4" manufactured concrete masonry unit)and cultured stone(manufactured) individually stacked,as provided in the conceptual building elevations in Exhibit F1 through F2 which is a part herein, in addition to those permitted in Chapter 4,Section 8 of the Zoning Ordinance. A single material, provided it is a mix of different colors throughout, may comprise up to ninety-nine (99) percent of the rear elevation of the big box building, as shown in Exhibit F. • A maximum of 16%of EIFS is permitted on the front far ade. • A minimum of 7%of stone is permitted on the front and side facades. • No stone is required on the rear elevation. 6. Building Height: Buildings should be a maximum of two(2)stories, not to exceed 40 feet in height,excluding unoccupied architectural elements that may be allowed up to 48 feet in height. 7. Convenience Store with Gas Pumps subject to the following regulations: a. Convenience Store with Gas Pumps is permitted only within two-hundred and fifty (250)feet of the right-of-way line of US 380 b. Convenience Store with Gas Pumps is permitted to be off the corner as shown on Exhibit D. Ordinance No.16-12,Page 8 c. Convenience Store with Gas Pumps is permitted at a maximum of one (1) location on the property; d. Canopies shall have pitched roofs and the color and style of the metal roof on the gas station canopy shall be consistent with the metal roof on the main building; e. Canopy support columns shall be entirely masonry encased;and f. The canopy band face shall be a color complimentary with the main structure or an accent color and may not be backlit. g. Gas pumps shall be removed if permanently closed for more than six (6) months, including reclassification of fuel tanks per TCEQ Regulations. 8. Front Building Sidewalk: a. One tree for every 100 LF of store frontage shall be planted in the sidewalk area. 9. Required parking row terminus island trees (canopy or ornamental alternative) adjacent to the existing east/west access drive parallel to US-380 may be planted within the existing drainage easement. 10.Parking: a. The required parking ratio for the big box building, if expanded as shown,shall be 1 space per 265 sf(3.77:1) 11.No interior (side yard) landscape buffers shall be required between fuel center lot and adjacent lots. Ordinance No.16-12,Page 9 ­__... ........ �4= Svx31 'd3dSMJd VZV1d 83cIS08d ----------- 1 40% NV_7d I d30N0J (7d u1 Uuw1a31u!Ak G I 181HX3 ioo—glz EN �I. -!Mg S M macaw i? Ps I qo. -,E q, Pt 05 Vl,­ Z ----—---------....... ............................. ............ ................ 2:1 F U1 fl]Hj LIL-L L J IJ tP�L.1J.L.LLt:i 17 i F 777* -------— 7 k1j ljj_ X. 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Y [1 ( a � rf�l 1r v IHN � rJc, os r z J I x In ii i z m � r I ® I �... 1 �� � I I I© 1I M I I 0`7 i � 9 / t L s I I JO v . o v �' 2 I �.rp®.1'' i J v v9vFY.Y...YY vevv vvwvv A wG \ r 13 i --- fr J 11 J r f.. !�� rr a I _ ,- r/'',�,. ✓'�.. ..,. a I r ,,- EXHIBIT E Projected Development Schedule Prosper Plaza July 31,2015 Kroger will give notice to proceedTP)to go out to laid. Weeks from NTP a. Send bid documents out to bid 1 week b. Receive Bids 4 weeks c. Award Site Work Contract 8 weeks d. Complete Pad 20 weeks e. Provide temporary power and all weather access roads to the Kroger pad and staging area 20 weeks f. Provide fire lanes for Kroger building and Fuel Station 23 weeks Items to be completed from Pad deliveEl Weeks g. Paving complete 10 weeks h. Provide permanent power 8 weeks i. Monument/Pylon signs 12 weeks Items to be completed prior to the fuel center opening Weeks j. Striping Critical to open Fuel Center 3 weeks Items to be completed prior to Krager Grand Opening Weeks k. 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