16-23 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-23
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 92.999 ACRES OF LAND, MORE OR LESS, COMMONLY
KNOWN AS THE GATES OF PROSPER; 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 92.999 acres
of land, more or less ("the Property"), commonly known as The Gates of Prosper, generally
located on the northeast corner of US Highway 380 and Preston Road in the Town; and
WHEREAS, the proposed SPSD consists of signage for The Gates of Prosper, which
was approved by the Town Council on March 22, 2016; 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, more particularly described in Exhibit A, attached hereto and
incorporated herein for all purposes as if set forth verbatim, shall be subject to the Statement of
Intent and Purpose, attached hereto as Exhibit B and incorporated by reference, the Sign
Coordination Plan, attached hereto as Exhibit C and incorporated by reference, the detailed
elevations, attached hereto as Exhibits D-1 through D-24, the Sign Schedule, attached hereto
as Exhibit E 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.
Ordinance No.16-23,Page 2
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 12TH DAY OF APRIL, 2016.
, �A
Ray Srni , Mayor
ATT 'S
d
Ro yn Battl ,Town Seer to
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.16-23,Page 3
EXHIBIT A - METES & BOUNDS
Block A
BLOCK A DESCRIPTION
BEING a tract of land situated in the Ben Renison Survey,Abstract No.755,To of
Prosper, Collin County, Texas and being out of a called 99.963 acre tract conveyed to
them by 183 Land Corporation,described as Tract 1 in the Corr ecfion Deed recorded
under instrument number 20130130000132260, Official Records of Collin County,
Texas, same being all of Gates of Prosper Phase 1, Block A, Lots 1A, an addition to the
To of Prosper,Texas, according to the Conveyance Plat, recorded in Volume 2015,
Page 527 of the Plat Records of Collin County,Texas,and being more particularly
described as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap found in County Road No.73, at the
eastem-most southeast comer of said 99.963 acre tract, common to the western-most
southwest comer of a tract of land described in the dead to Grace Tsai Hage Trust,et
al, recorded in Instrument No.201217001602890, said Official Records,and on the
northerly right-of-way of U.S. Highway No. 380(University Drive);
THENCE South 46'48'04"West, along the southerly line of said 99.963 acre tract, and
along the northerly right-of-way line of U.S, Highway No.380,a distance of 111.31 feet
to a 5/8 inch iron rod with plastic cap stamped" HA"set for comer at the northeast
comer of a called 0,6708 acre tract of land described in the right-of-way deed to State of
Texas, recorded in Volume 3412, Page 385,said Official Records-,
THENCE along the southerly line of said 99.963 acre tract,and along the northerly line
of said 0.6708 acre tract, and along the northerly right-of-way line of U.S. Highway No.
380,the following four(4)calls:
1. South B6'38'57"West,a distance of 219.00 feet to a 5/8 inch iron rod with plastic
cap stamped"KHA"set for comer,
2. South 89'111'09"West,a distance of 200.01 feet to an aluminum TxDOT
monument found for comer;
1 South 83*32'32"West,a distance of 100.57 feet to an aluminum TxDOT
monument found for comer;
4. South 9°12'45"West,a distance of 1576.35 feet to an aluminum TxDOT
monument found for comer at the intersection of the northerly right-of-way line of
U.S. Highway No.380 and the easterly right-of-way line of State Highway No,
289(Preston Road);
THENCE along the westerly line of said 99.963 acre tract,and along the easterly right-
of-way line of State Highway No. 289,the following six(6)courses:
1. North 45'26'48"West,a distance of 49.99 feet to an aluminum TxDOT
monument found for comer;
CASE#: MD16-0001
Ordinance No.16-23,Page 4
2. North 1®36°16°°West,a distance of 66.00 feet to a /6 inch iron rod with plastic
p stamped"KHA"set for comer,
3. North 23"01°45"East,a distance of 560.42 feet to a 5/6 inch iron rod with plastic
cap stare "KHA"set for comer
North 29'2345"East,a distance of 603.09 feet to a 5/8 Inch iron rod found for
comer;
5. North 3 ®39°20"East,a distance of 199.36 feet to a /6 inch iron rod found for
corner;
6. North 36"20°42"East,a distance of 366.24 feet to a 5/6 inch iron rod with plastic
cap stamped"KHA°`set for comer,
THENCE departing the westerly line of said 99.963 acre tract,and the westerly right-of-
way line of State Highway No.269,and crossing said 99.963 acre tract,the following
n(10)courses:
1. South 8'51'01"East,a distance of 33.96 feet to a 5/6 inch iron rod with plastic
p stare 'KHA"set for comer
2, South ®02®43"East,a distance of 117.56 feet to a 5/6 inch iron rod with plastic
cap stamp 'K t for comer at the beginning of a tangent curve to the right
having a central angle of 7®59°40",a radius of 526.00 feet,a chord bearing and
distance of South 52°02° "East,73.33 to
3. In a southeasterly direction,with said curve to the right,an arc distance of 73.39
feet to a /6 inch iron rod with plastic cap stamp "KHA"set for corner at the
beginning of a reverse curve to the left having a central angle of 7® 9®40°°°a
radius of 503.00 feet,a chord bearing and distance of South 52'02'54"East,
70.13 feet,
4. In a southeasterly direction,with icurve to the left,an arc distance of 70.16
feet to a 5/6 inch iron rod with plastic cap stamp "KHA"set for comer
. South ®02®43"East,a distance of 466.24 feet to a 5/6 inch iron rod with plastic
cap stamp "KHA"set for comer at the beginning of a tangent curve to the left
having a central angle of 31°13° 0"°a radius of 755.00 feet,a chord bearing and
distance of South 71® 9°26°°East,406.39 feet,
6. In a southeasterly direction,with said curve to the left,an arc distance of 411 A6
feet to a 5/6 inch iron rod with plastid cap stamp "KHA"set for mer;
2
CASE#: M D 16-0001
Ordinance No.16-23,Page 5
7, North 86*05'34"East.a distanceof 147.71 feet to a 5/8 inch iron rad with plastic
cap s " t for ere
8. North 89*30'44"East,a distanceof 125° 0 feet to a 5/8 inch iron rad with plastic
cap stamped" "set for comer,
9. North ®30'3 °°East,a distance 35.35 feet to a /3 inch iron rod withplastic
cap s " "set for comer,
10.North "East, a distance of 53.71 feet to a /8 inch iron with lastic
cap s "set for comer on the easterly line of said 99.963 acre tract in
County Road o.73;
THENCE Sou '3 '°East,along the easterlyline of said acre tractand
along or near the center of County Road No.73,passingen routs a distance of 25.00
feet the northwest comer of said s a e Trust tract,and continuingons i
course along the westerlyline of saidr Tsai Hage Trust tract,a total distance o
7.75 feet tote POINT OF BEGINNINGand containingc (2,481,135
square feet)of land,more or Ms.
Bearings described hereon are basedupon the northerly line of U.S. Highway 380 as
depictedon Gates of Prosper Phase 1,Block A,Lots 1-4,an addition tot e Town o
Prosper,"texas,according to the Conveyance lat,recorded in Volume 2015, a e 527
of the Plats of Collin County,Texas,said bearingbeing a 89'12'45'West.
... - ....... -0 A%.
heel , a '
Registered Professional Land Surveyor No. 5131 A
Kirnley-Horn and Associates, Inc. I W
5750 Genesis Court,Suite 200 r MICHAEL NµMARX 10
Frisco,Texas 750 ....
Ph.972-335-3530 5161
michael.marx@kimley-hom.com
3
CASE#: MD16-0001
Ordinance No.16-23,Page 6
Block B
BLOCK B DESCRIPTION
BEING a tract of land situated in the Ben Renison Survey,Abstract No.755,To of
Prosper,Collin County,Texas and being a portion of a called 99.963 acre tract
conveyed to them by 183 Land Corporation,described as Tract 1 in the Correction
Deed recorded under instrument number 201301300 132260, Official Records of
Collin County,Texas, and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with a red plastic cap, stamped'KHA'found on the
westerly line of said 99.963 acre tract for the northwest comer of Gates of Prosper
Phase 1,an addition to the Town of Prosper,Texas,according to the Conveyance Plat
recorded in Volume 2015, Page 527,Plat Records of Collin County,Texas, same being
the intersection of the northerly right of way line of Richland Boulevard,a variable width
right of way, as created in said Gates of Prosper Phase 1 with the easterly right of way
line of State Highway 289(Preston Road),a variable width right of way;
THENCE along the westerly line of said 99,963 acre tract, and along the easterly right-
of-way line of State Highway No. 289(Preston Road),the following four(4)courses:
1. North 38'20'42"East,a distance of 216.03 feet to a wooden TxDOT monument
found for a comer:
2. North 35'50'06"East,a distance of 303.46 feet to a wooden TxDOT monument
found for a comer;
3. North 29'40'44"East, a distance of 698,94 feet to a wooden TxDOT monument
found fora comer;
4. North 32'32'25'East,a distance of 289.16 feet to a 5/8-inch iron rod with a red
plastic cap,stamped"KHA"set for a comer,from which a wooden TxDOT
monument found for a corner bears North 32*32'25"East, 110.88 feet;
THENCE South 11*38'48"East,departing the westerly line of said 99.963 acre tract,the
easterly right of way line of said State Highway No.289(Preston Road),and crossing
said 99.963 acre,a distance of 35.85 feet a 5/8-inch iron rod with a red plastic cap,
stamped'KHA"set for a corner;
THENCE South 55*50'01"East, continuing across said 99.963 acre tract,a distance of
125,00 feet to a 5/8-inch iron rod with a red plastic cap, stamped"KHA"set for a comer;
THENCE South 51'36'24"East, continuing across said 99.963 acre tract,a distance of
150.39 feet to a 518-inch iron rod with a red plastic cap, stamped'KHA"set at the
beginning of a non-tangent curve to the right having a central angle of 35'10'43", a
radius of 845.00 feet, a chord bearing and distance of South 35'20'27"East, 510.70
feet;;
CASE#: MD16-0001
Ordinance No.16-23,Page 7
THENCE in a southerly direction,continuing across said 99.963 acre tract,and along
the arc of said curve to the right,an arc distance of 518.81 feet to a 5/8-inch iron rod
with a red plastic cap,stamped"KHA"set in County Road No,73 for the end of said
curve,same in on the easterly line of said 99-963 acre tract;
THENCE South 00'05'38"East,along the easterly line of said 99,963 acre tract and
generally along said County Road No, 73,a distance of 1190.14 feet to a 518-inch iron
rod with a red plastic cap,stamped"KHA'found for the northeast corner of aforesaid
Gates of Prosper Phase 1;
THENCE South 89'30'44"West,departing the easterly line of said 99.963 acre tract,
said County Road No.73,along the northerly line of said Gates of Prosper Phase 1,a
distance of 53.71 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"found for a
corner on the northerly line of aforesaid Richland Boulevard;
THENCE in a westerly direction,along the northerly right of way line of said Richland
Boulevard,the following nine(9)courses:
1. South 44'30'39"West,continuing across said 99,963 acre tract,a distance of
53.71 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for a corner;
2. South 89*30'44"West,continuing across said 99.963 acre tract,a distance of
125.00 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for a comer-,
3. South 8605'34"West,continuing across said 99.963 acre tract,a distance of
147.71 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for comer at
the beginning of a non-tangent curve to the right having a central angle of
31'13'30",a radius of 755.00 feet, a chord bearing and distance of North
71'39'28"West,406,39 feet:
4. In a northwesterly direction,with said curve to the right,an arc distance of 411.46
feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for a corner;
5. North 56*02'43'West,continuing across said 99.963 acre tract,a distance of
466.24 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for corner at
the beginning of a tangent curve to the right having a central angle of 07'59'40",
a radius of 503.00 feet,a chord bearing and distance of North 52'02'54"West,
70.13 feet;
6. In a northwesterly direction,with said curve to the right,an arc distance of 70.18
feet to a 5/8 inch iron rod with plastic caps mped"KHA"set for the point of
reverse curvature of a curve to the left having a central angle of 7'59'40",a
radius of 526.00 feet, a chord bearing and distance of North 52*02'54"West,
73,33 feet;
2
CASE#: MD16-0001
Ordinance No.16-23,Page 8
7. In a northwesterly direction,with said curve to the left,an arc distance of 73.39
feet to a 5/6 inch iron rod with lastic cap stamped`° "set fora corner-,
8. North 56002'43'West,a distanceof 117.58 feet to a 5 inch iron rod with plastic
cap s " of set for a comer;
9. North 0 ° 1®01 est,a distance of 33.98 feet to the POINT OF BEGINNING
and containing 36,040acres(1 a569,882 square )of land,moreor less.
Bearings described hereon are basedupon the northerly line of U. .Highway 380 as
depictedon Gates of Prosper Phase 1,Block A, Lots 1-4,an addition to the Town of
Prosper,Texas,according to the Conveyance lat,recorded in Volume 2015,Page 527
of e Plat Records of Collin County,Texas,said hearing in South ®12'45 est.
4
Off"
Mj(a'6e/1?4a
Registered Professional Land Surveyor No,5161
Kimley-Flora and Associates, Inc.
5750 Genesis Court,Suite 200
1i$1
Frisco, Texas 750 „,„,
Ph.972-335-3580 lar "° „ ^”
michael.marx@kimley-hom.com
3
CASE#: M D 16-0001
Ordinance No.16-23,Page 9
EXHIBIT B - Statement of Intent and Purpose
PURPOSE
The purpose and intent of this Tenant Sign Standards is to create a graphic environment that is
individual and distinctive in identity for the Tenant and also compatible with other signs within
the shopping center. The total concept should give an impression of quality, professionalism,
and instill a good business image. Lettering shall be well-proportioned and its design, spacing
and legibility shall be a major criterion for approval.
The following specifications are to be used for the design of your sign; however, in all cases,
final written approval must be obtained from the Landlord prior to submitting the design to the
applicable entity having jurisdiction over the Project, manufacturing the signage, or installing of
any signage. Landlord shall make all final and controlling determinations concerning any
questions of interpretations of this sign policy. Tenant shall not be allowed to open for business
without approved required signs in place. Failure to open for this reason shall not excuse the
Tenant from the performance of its obligations under the Lease.
The following is for The Gates of Proper project identifying deviations from, Town of Prosper,
(Regulations of Signs; Ordinance Number 10-010; Updated June 26, 2012).\
PROPOSED DEVIATIONS
1. Currently the Comprehensive Sign Plan allows for a total of 16 Type "A" and Type"B"signs,
equal to the number of lots in this phase of development.
We respectfully request consideration to amend the Comprehensive Sign Plan to allow two
additional Type "A"Monument Signs.
Reason 1: Per the Comprehensive Sign Plan, Lot 3, Block B has one Type "A"sign located at the
far south end of the site along Richland Blvd.The Type"A"sign along Richland Blvd. is
approximately 1,400 ft.from the north end of the site along Preston Rd.,and is not visible from
this location. Lot 3, Block B will have between 10-15 major retail tenants who require signage
and visibility from the major thoroughfares and entrances into the site.Adding an additional
Type "A"sign along Preston Road will maximize tenant signage and visibility from any direction
of travel. (See attached Exhibit C)
Reason 2: Per the Comprehensive Sign Plan, Lot 4, Block A has one Type "B" sign located at the
far south end of the site along Hwy. 380. The Type "B" sign along Hwy 380 is approximately 750
feet from Richland Blvd. at the north end of the site and is not visible from that location. We are
requesting an additional Type "A" sign at the north end of the site along Richland Blvd. Lot 4,
Block A will also have several anchor tenants who require signage and visibility from the major
thoroughfares and entrances into the site.Adding an additional Type "A"sign along Richland
Blvd.will maximize tenant signage and visibility from any direction of travel. (See attached
Exhibit C)
CASE#: M D 16-0001
Ordinance No.16-23,Page 10
2. Currently the Comprehensive Sign Plan allows for Anchor Tenants to have wall signage up to 5'
in height.
We respectfully request consideration to amend the Comprehensive Sign Plan to allow wall
signage up to 9'in height for Anchor Tenants in specific locations as shown on the attached
Exhibit C.
Reason:The Anchor Tenants in the indicated locations are significant in building footprint size
and in building height. Limiting the size of the wall sign to 5' at these locations is
disproportionate to the scale of the building fagade and not easily visible from the approach
roads. A maximum of 9' is more in proportion with the building and is easier for a driving
consumer to read.
This is a major development in a wider regional trade area. It is important for the long term success of
the individual tenants as well as the development to make it easy and intuitive for the customer to find
their destination during the approach to and travel within the development.Appropriate signage size,
location and design all contribute to the first impression and overall long term success.
CASE#: MD16-0001
Ordinance No.16-23,Page 11
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EXHIBIT E - Sign Schedule / Development Standards
The following will define deviations from the Town of Prosper, (Regulations of Signs; Ordinance
Number 10-010; Updated June 26, 2012).
1. Unified Development Monument Signs, has increased in specific lots and the variations can
be found on Exhibit C -Sign Coordination Plan. A total of two (2) additional Unified
Development Monument Signs were added for a total of eighteen signs (18) in the Unified
Development Zone.:
a. Block B, Lot 3-Variation of permitted Unified Development Monument Sign
placement in accordance to Ordinance 10-010 Section 1.09 (G) (5a)
•
Sign G (Tpe A. Unified Development Monument Sipa ;is less than the required
750 feet from Sign F. Reference Exhibit C.
b. Block A, Lot 4-Variation of permitted Unified Development Monument Sign
placement in accordance to Ordinance 10-010 Section 1.09 (G) (5a)
• Sin F' T ,e A, Unified d eZ2Lo ment Monurnent Sin is less than the required
750 feet from Sign L. Reference Exhibit C.
3. Sign Criteria Deviations
a. Sign heights shall be allowed from F-0"to 9'-0" for"Anchor Tenants".
b. Side and Rear Elevation signs shall be max 36" in height.
b. Painted Signs are not permitted on any fagade.
c. The color of the sign face and the color of the letters shall be submitted by the Tenant
for the Landlord's approval.
4. Additional Sign Types
a. "Building Address Signage' is not defined in the Sign Ordinance Number 10-010
1 "Building Address Signage'"means address signage for tenants. This signage
will be installed by Landlord.
b. "Rear Entry Signs"are not defined in the Sign Ordinance Number 10-010.
1. "Rear Entry Siqns" shall mean four(4) inch high vinyl die-cut letters for
tenant's name and two (2) inch high vinyl die-cut letters for suite number below
tenant's name, centered on the service door at five (5) feet above finish floor.
The typeface for each letter must be Arial Bold and the color for each letter must
match Sherwin Williams- SW7675 Sealskin. Tenant shall be responsible for the
cost and installation of rear entry signage. See Exhibit D-7 "Typical Rear Door
Tenant Sign"for a diagram.
CASE#: MD16-0001
Ordinance No.16-23,Page 37