17-01 O - Amending PD-40 on 11.9+ acres for Development of Home Depot (Z16-0016) TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-01
AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20
AND ORDINANCE NO. 08-030; REZONING A TRACT OF LAND CONSISTING
OF 11.865 ACRES, MORE OR LESS, SITUATED IN THE J. SALING SURVEY,
ABSTRACT NO. 1675, IN THE TOWN OF PROSPER, DENTON COUNTY,
TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-40 (PD-40) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
PLANNED DEVELOPMENT-40 (PD-40); 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 should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper"), received a request from The Home
Depot ("Applicant"), to rezone 11.865 acres of land, more or less, situated in the J. Saling
Survey, Abstract No. 1675, in the Town of Prosper, Denton 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 Incur orated'. 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 and Ordinance No. 08-030. The Town's
Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 10-083, and Ordinance No.
08-030 are amended as follows: The zoning designation of the below-described property
containing 11.865 acres of land, more or less, situated in the J. Saling Survey, Abstract No.
1675, in the Town of Prosper, Denton County, Texas, (the "Property") and all streets, roads and
alleyways contiguous and/or adjacent thereto is hereby rezoned as Planned Development-40
(PD-40). 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 elevations, attached hereto as Exhibit "F"; 6)
the conceptual landscape plans, attached hereto as Exhibit "G"; 7) the conceptual seasonal
sales fencing, attached hereto as Exhibit "H"; and 8) the conceptual cart returns, attached
hereto as Exhibit "I"; which are incorporated herein for all purposes as if set forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town 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.
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 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
Ordinance No.17-01,Page 2
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 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 PR P,#TFj S, ON THIS 10TH DAY OF JANUARY, 2017.
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dig— Ray Smith, Ma or
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Robyn Baa ,l Town Secretary'
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch,Town Attorney
Ordinance No.17-01,Page 3
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Exhibit `B" Z16-0016
Statement of Intent and Purpose
Windsong Ranch Marketplace
(Home Depot Development)
11.026 acres of Lot 10 of Conveyance Plat No. D16-0022
NWC US Highway 380 & Windsong Parkway
Prosper, Texas
The purpose of the requested Amendment to Planned Develop 440 is to facilitate development of
the subject parcel in a manner consistent with current retail trends related to home improvements
stores. The merchandise purchased at retail home improvement stores are typically of bulk sizes
which necessitates improvement standards that will be in harmony with the Town of Prosper and
home improvement retail sales.
Ord. No. 17-01, Page 6 of 19
Exhibit "C" Z16-0016
Planned Development Standards
Except as otherwise set forth in these development standards, the property, as described
in Exhibit A, shall develop under Ordinance 08-030, as adopted by the Town Council on
March 25, 2008.
Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the
attached concept plan, set forth in Exhibit D.
b. Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibit F.
c. Landscape Plan: The tract shall be developed in general accordance with the
attached landscape plan, set forth in Exhibit G.
3. Mixed-Use Tract
d. Mixed-Use Development Standards (Traditional Retail). Retail development within
the Mixed Use Tract is intended predominately for heavy retail, service, light intensity
wholesale and commercial uses, but excluding warehousing uses. The nature of uses
in this District has operating characteristics and traffic service requirements generally
compatible with typical office, retail, and some residential environments. Uses in this
District may require open, but screened, storage areas for materials. In the event all
or a portion of the Mixed Use Tract is developed solely for retail uses (i.e. not a mixed
use development) then the development for retail uses shall conform to the following
standards:
a. Size of Yards
1. Minimum Front Yard: thirty (30) feet
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side
yard setback may be eliminated for attached retail buildings on separate
lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential
district and sixty (60) feet for a two (2) story building adjacent to a
residential district.
c. Thirty (30) feet adjacent to a street.
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The minimum side
yard setback may be eliminated for attached retail buildings on separate
lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a residential
district and sixty (60) feet for a two (2) story building adjacent to a
residential district.
Ord. No. 17-01, Page 7 of 19
b. Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
3. Minimum Lot Depth: One hundred (100) feet.
c. Maximum Height: Two (2) stories, no greater than forty (40) feet in height,
excluding unoccupied architectural elements, such as towers, parapets, and
cornices, that may be allowed up to forty-five (45) feet in height for the anchor
only.
d. Lot Coverage: Fifty (50) percent.
e. Floor Area Ratio: Maximum 0.5:1.
f. Permitted Uses: Uses shall be permitted with the Retail District as it currently
exists or may be amended. The following uses shall also be permitted:
• Big box retail building including a home improvement store with a garden
center
• Outdoor Sales and Display as an accessory use and in accordance with
the Development Standards.
• Vehicles/Equipment Rental and/or Display, Incidental and in accordance
with the Development Standards.
g. Development Standards
1. Outdoor Sales and Display are subject to the following regulations:
a. Screening of outdoor sales and display areas are not required, if the
outdoor sales and display areas comply with the regulations below.
b. Merchandise displayed for outdoor sales and display shall be located
in accordance with the areas identified in Zoning Exhibit 'D', with the
following stipulations:
i. Merchandise cannot block sidewalks, doorways, accessible
route(s), driveways, and/or fire lanes;
ii. Merchandise may be displayed for seasonal sales in the parking
lot at the designated location on Exhibit 'D'. Seasonal sales and
merchandise may include, but is not limited to; Christmas trees,
flowers, landscaping materials, and outdoor furniture. Seasonal
sales shall not require issuance of a building permit.
c. Screening of these areas from Windsong Parkway shall be required
by a combination of berming and landscaping, as shown on Exhibit
G.
2. Outdoor Storage is subject to the following regulations:
a. Screening for outdoor storage shall not be required, if the outdoor
storage areas comply with the regulations below.
b. Staging and storage of materials are permitted in the designated
areas on Exhibit 'D'.
Ord. No. 17-01, Page 8 of 19
c. Screening of these areas from Windsong Parkway shall be required
by a combination of berming and landscaping, as shown on Exhibit
G, and along the rear of the store by the construction of an 8' foot
masonry screening wall with landscaping, as shown on Exhibits D
and G.
3. Vehicle/Equipment Rental and/or Display, Incidental
a. Vehicle/equipment rental and/or display shall be permitted if the
areas comply with the regulations below.
b. Vehicle/equipment rental and/or display areas are permitted but shall
be located only in the designated areas on Exhibit 'D.'
c. Vehicle/equipment rental and/or display areas include truck/trailer
parking and display, truck rental parking, and equipment rental
storage and display.
d. Vehicle/equipment rental and/or display areas shall require
screening as shown on Exhibits D and G, consisting of a masonry
wall and landscaping.
4. Architecture design and materials are subject to the following regulations:
a. Permitted primary exterior materials are clay fired brick, natural,
precast, and manufactured stone, granite, marble, architectural
concrete block, split face concrete masonry unit, architecturally
finished concrete tilt wall, "Quik Brik" (a four [4] inch manufactured
concrete masonry unit) and cultured stone (manufactured)
individually stacked, as provided in the conceptual building
elevations Exhibit F. The conceptual building elevations in Exhibit
'F" are representative of the architectural style, color, and material
selections.
b. Secondary materials used on the facade of a building are those that
comprise a total of ten (10) percent or less of an elevation area.
Permitted secondary materials are all the primary materials,
aluminum or other metal, cedar or similarly decorative wood, stucco,
cementatious fiber board (Hardie board), and high impact exterior
insulation and finish systems (EIFS), as provided in the conceptual
building elevations Exhibit 'F'.
c. The following architectural design regulations of the Zoning
Ordinance shall not apply:
i. Recesses and/or projections for elevation lengths over 200'.
ii. Limitation of a single material to 80% of an elevation or less.
iii. Requirement for horizontal and/or vertical articulations every 30'
along an elevation.
5. Screening, Berming, and Landscaping
a. Screening for outdoor sales, display, and storage shall consist of a
three (3) foot to six (6) foot berm and landscaping along Windsong
Parkway, as shown on Exhibit G.
b. Vehicle/equipment rental and/or display areas shall be screened
with a four (4) foot masonry wall and landscaping along the
Ord. No. 17-01, Page 9 of 19
westerly side of the designated area, as shown on Exhibits D and
G.
c. Goods and materials stacked and/or stored in the garden center
shall not be permitted within 1 foot of the top of the garden center
walls.
d. Loading and service area screening shall be required.
6. Parking: The minimum parking ratio required shall be 1 parking space per
each 450 square feet of gross floor area. A reduction of the required
parking may be granted by the Director of Development Services upon
receipt of a parking study.
7. Lighting: On-site parking lot lighting shall include dimmers.
8. Seasonal Sales:
a. Shall be permitted only from March 1 to June 1, and November 15
to January 1;
b. Fencing shall require permanent sleeves in the pavement; and
c. Fencing shall be consistent with the attached exhibit and consistent
with manufacturing specifications as reflected in the seasonal
fencing presentation by Home Depot, as shown on Exhibit H.
9. Cart Returns:
a. Shall be constructed of heavy duty black metal
b. Shall require permanent sleeves in the pavement; and
c. Shall be consistent with manufacturing specifications and reflected
in the attached exhibit, as shown on Exhibit I.
Ord. No. 17-01, Page 10 of 19
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Exhibit "E" Z16-0016
Development Schedule
Windsong Ranch Marketplace
(Home Depot Development)
11.026 acres of Lot 10 of Conveyance Plat No. D 16-0022
NWC US Highway 380 & Windsong Parkway
Prosper, Texas
The anticipated schedule for the development is:
The Home Depot Development is a single phase development and is not intended to be phased.
The schedule is subject to change due to various factors behind the control of the developer.
Ord. No. 17-01, Page 13 of 19
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