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17-03 O - Amending PD-38 on 83.6+ ac., located on the northeast corner of U.S. 380 and Coit Road. (Z16-0027)TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-03 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN'S ZONING ORDINANCE, ORDINANCE NO. 07-088 AND ORDINANCE NO. 15-65, BY REZONING A TRACT OF LAND CONSISTING OF 83.608 ACRES, MORE OR LESS, SITUATED IN THE I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT -38 (PD -38) TO PLANNED DEVELOPMENT -38 (PD -38); 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"), initiated an amendment to Planned Development -38 (PD -38), in conjunction with a request from Cothran Malibu, L.P. ("Applicant"), to rezone 83.608 acres of land, more or less, situated in the I.C. Williamson Survey, Abstract No. 948, 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 Findinqs 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 Zoninq Ordinance, Ordinance No. 07-088, and Ordinance No. 05-65. The Town's Zoning Ordinance, adopted by Ordinance No. 05-20, Ordinance No. 07-088, and Ordinance No. 15-65 are amended as follows: The zoning designation of the below -described property containing 83.608 acres of land, more or less, situated in the I.C. Williamson Survey, Abstract No. 948, 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 -38 (PD -38). The property as a whole and the boundaries for each zoning classification are more particularly described in Exhibit A and 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 Exhibits F and F-1, and 6) the conceptual landscape plan, attached hereto as Exhibits G, G-1, and G-2, 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. 17-03, 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 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 P PROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF�i�I , ON THIS 10TH DAY OF JANUARY, 2017. a * — Ray Smith, Mayor ATTIES� ��mw�raew�a^aI,�y"=ew Robyn little, Town APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 17-03, Page 3 '"HONIPWIR 09-0 MS '34ldO 3IVdOdHO,? 00el 077 �WMdOZM,90 90NVYO *,Y-7fdSO'!d DNISSONJ �GdSO&d 'OL nd 9*6 'ON IDVNUSGV ;43 ,V NOSHVITM 01 V, 1191HX3 9NINOZ SVX31 �UWOO NI 700 -40 AtMOI WaO/qo .3-a . . . . . . . ... ............................................ ..... . ..... . . ------- --- bTu RUH —7 =77 "ANI �, I 66- CX3 , arcN �Aj (z) C) ao A W, t Lf) CD 0" < Rill H j� n N In < C) L-11 5SH z uj bi ------- J, m Ci wR C) I o CK ill 3� Way ii I I H No pil cc c <� \y N� UWo �� R L. Uri < upp "M Nvn it ca fia GV08 8 I N ha6W ul Flo _Y . .. . .................. Egr IV WYNONIAVIS .r - 0;–o 'MS '341YO 31 K90d809 OOa'l O(vd 077 'IN3PW7:M-90 30NVY0 DNISEorvo v A Gk6 'ON JOVWS8V �(�HnS 140SNY177YA '07 u•SVX31 �uNnoo N/7700'AOtlddY NOISIA3tl 31Y0 '^N V, IIGIHX-3 DNINOZ Rmla3luTAA N3dSOUd �V AMOJ. CXD ct) C) C.3 r< 6 Q) K LIJ LO W t3 pq LL 7 'G25 '2 vi 95 M lo ag3iw2 gk t t'2 iE 9 F,4 29 S Z 61- 0 F i2 ba g (D 26 U C5 aha$ (D S 'Sig 2 0 i� H X g-06 E 28 rE iP 2 OZ q' t" -00 iE R 6 96 0., 5 �-< n < -0 z� R g 5 q,6 d9% Q 65 2 FF ca �E 5z - 3, 2 ta .12 Li < 3H 6 2, is 91 EXHIBIT `B' CVS Pharmacy intends to develop the hard corner of US 380 & Coit road with a 14,600 SF building with drive-thru service. The remainder of Tract A is designed as a shopping center to accommodate an approximate 115,000 square foot anchor retail building along with complimentary retail establishments containing restaurant and typical service tenants. Other than CVS, there are four (4) planned outparcels which may contain a combination of national and regional retailers including banks, casual dining restaurants as well as established quick -service restaurants. Tracts B, C & D are under separate ownership, but governed by the same zoning, Planned Development -38 (PD -38). This Planned Development request is intended to resolve the discrepancy between the zoning and ownership circumstances and allow for the development of a CVS Pharmacy in the near term and future retail and service of the remaining property in the future. Ordinance No. 17-03, Page 6 of 18 Exhibit C 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, Tract A shall develop in accordance with the Retail District, as it exists or may be amended. A.2 Development Plans 1. Conceptual Development Plan: Development shall be in conformance with the attached concept plan, set forth in Exhibit D. 2. Elevations: Development shall be in conformance with the attached elevations, set forth in Exhibit F. 3. Landscape Plan: Development shall be in conformance with the attached landscape plan, set forth in Exhibit G. 4. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. A.3 Uses. Uses shall be permitted in accordance with the Retail District and as shown on Exhibit D. A big box retail building with a drive-thru pharmacy and a convenience store with drive-thru and fuel pumps are permitted uses as depicted on Exhibit D. With the exception of the location requirements, the convenience store with fuel pumps shall be in conformance with the Conditional Development Standards of the Zoning Ordinance No. 05-20 as it exists or may be amended. Outdoor Merchandise Display, Incidental is Ordinance No. 17-03, Page 7 of 18 permitted only in conjunction with the big box retail building and the convenience store with fuel pumps and subject to the regulations noted in subsection A.4.12 below. The following uses shall be prohibited: 1. Athletic Stadium or Field, Private 2. Athletic Stadium or 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 A.4 Regulations 1. US 380 - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 2. Coit Road - Tree plantings shall be provided at minimum rate of a four (4) inch Caliper tree (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 3. Richland Blvd. — Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3' minimum tall shrubs and 3' minimum tall berms. 5. Loading Areas — Where loading areas are adjacent to Richland Boulevard evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50' gas easement must be located in an alternate location outside of the 50' gas easement on the subject property for the parking islands as designated on Exhibit `D'. All other islands shall be designed in a manner to meet Town's landscape requirements. Ordinance No. 17-03, Page 8 of 18 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town's engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height — Maximum Building Height shall not exceed forty-five (45) feet. 10. A maximum of 3 restaurants with drive-thru service are permitted on Lots 5, 7, 10, 11, and 12, and the three restaurants shall be on non-contiguous lots. In addition, a restaurant shall also be permitted on Lot 9 with the conditions that: 1. The minimum size of the interior tenant space of a restaurant, with or without drive-thru service, shall be 5,000 square feet on Lot 9, exclusive of playground or play space; and 2. Any restaurant on Lot 9 shall be subject to Town Council approval of a Specific Use Permit for such restaurant. 11. The open space tract/lot shall be depicted as a component of Phase 1 and developed and constructed in conjunction with the proposed CVS Pharmacy. The open space tract shall be landscaped and subject to Town staff approval. 12. Outdoor Merchandise Display, Incidental is subject to, a. Limited to the areas in front of the big box retail building and in front of the convenience store with fuel pumps building b. Limited to within 25 feet of the front of the big box retail building and to within (ten) 10 feet of the front of the convenience store with fuel pumps building c. Materials shall not be located adjacent to the fuel pumps or under the fuel pump canopy d. Materials cannot impair ADA access, nor block doorways, driveways or fire lanes. 13. If cart corrals are installed in the parking lot, the cart collection areas shall be curbed and shall be enclosed with a minimum three foot (3') high ornamental metal fence. 14. Site Plans, including fagade plans and landscape plans shall be required to be approved by the Town Council for Lots 3, 4, 5, 7, 9, 10, 11, and 12. Tract B, C, & D Retail District B.1 Except as noted below, the Tracts B, C, & D shall develop in accordance with the Retail District, as it exists or may be amended. B.2 Development Plans 1. Conceptual Development Plan: Prior to application for a Preliminary Site Plan and/or Site Plan on Tract B, C, & D, a Conceptual Development Plan shall be submitted for each Tract, and receive a recommendation from the Planning & Zoning Commission and be approved by the Town Council. Ordinance No. 17-03, Page 9 of 18 A Conceptual Development Plan shall be prepared and contain the same information as required for "Exhibits D and F" associated with the application for a Planned Development District. The required information of Exhibits D and F associated with a Planned Development District are denoted in the Town's Development Manual as it exists or may be amended. This Conceptual Development Plan shall be required for the general area within which development is to occur. This general area shall be bounded by thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels. Minor amendments to the approved Conceptual Development shall be considered at time of the submittal of a Preliminary Site Plan. The Preliminary Site Plan shall clearly note any deviations from the approved Conceptual Development Plan. To be classified as a minor amendment, the proposed changes shall not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans Where the proposed changes do not meet the criteria of a minor amendment, a formal amendment of the Planned Development District, including Public Hearings conducted by the Planning & Zoning Commission and Town Council shall be required in accordance with Chapter 1, Section 8 of the Zoning Ordinance as it exists or may be amended. B.3 Uses. Uses shall be permitted in accordance with the Retail District with the exception of the following uses which shall be prohibited: 1. Athletic Stadium or Field, Private 2. Athletic Stadium or 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 B.4 Regulations 1. US 380 — On Tracts B, C, & D tree plantings shall be provided at minimum rate of a four (4) inch Caliper trees (at the time of planting) per twenty-five (25) lineal feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. Ordinance No. 17-03, Page 10 of 18 2. Richland Blvd. — On Tracts B, C, & D tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a minimum rate of 20 ten (10) gallon shrubs per thirty (30) linear feet. A berm of a minimum height of four (4) feet shall be provided within the landscape buffer along Richland Boulevard in areas which are not encumbered by the gas line easement. 3. East Property Line - On Tracts B, C, & D the landscape buffer shall be twenty five (25) in width. Tree plantings shall be provided at a minimum rate of a four (4) inch caliper tree per twenty (20) linear feet. Shrub plantings shall be provided at a lineal rate of 40 five (5) gallon shrubs (at the time of planting) per a minimum thirty (30) lineal feet. 4. Parking abutting perimeter landscape areas shall be screened from the adjacent roadway by 3' minimum tall shrubs and 3' minimum tall berms. 5. Loading Areas — Where loading areas are adjacent to Richland Boulevard and the east property line, evergreen trees with a minimum height of ten (10) feet shall be provided at a minimum rate of one (1) tree per twenty (20) linear feet within the landscape buffer adjacent to the loading areas. 6. Utility Power Lines: New utility distribution and service lines for individual business establishments, buildings, signs and for any other site development features shall be placed underground. Existing overhead facilities may remain overhead. 7. All required trees that conflict with the existing 50' gas easement must be located in an alternate location outside of the 50' gas easement on the subject property for the parking islands as designated on Exhibit `D'. All other islands shall be designed in a manner to meet Town's landscape requirements. 8. All above ground detention ponds shall be treated as open space amenities and landscaped as such. These ponds shall be placed in a manner as to be designed and constructed to maintain a constant normal pool elevation. The Town's engineering department shall review and confirm any design constraints that would preclude the pond from maintaining a constant pool elevation. 9. Building Height — Maximum Building Height shall not exceed forty-five (45) feet. 10. Restaurants with drive-thru service are not allowed on consecutive lots. Ordinance No. 17-03, Page 11 of 18 SSo ,.Kszg &sgvdwa - ? - - .. .. .. .. .. .. .. .. 4 2 II Eo Ili I, ii fF a I O o- F�� sl LLI cc �\ 3 $ ” F �� C e @ d I I F I c \ ....� b rJ o � o 0 1 M.,22a a ! e 0 51i =__ 7——_ . D?'aco - --------- ----- -- Wm ` O to Ir 0 r— -- i � N J`)O�MNZ91A0 N — — — —.— — II 9L'f9Z � N 2N,6.:Uti" M o� axe r1 avou ), � 1103 000 w m Q � 2 - - pcn ogpg= GNgo 0 8 8 v; see„vvvvv L. .. .. .. .. .. .. .. .. 4 2 II Eo Ili I, ii fF a I O o- F�� sl LLI cc �\ 3 $ ” F �� C e @ d I I F I c \ ....� b rJ o � o 0 1 M.,22a a ! e 0 51i =__ 7——_ . D?'aco - --------- ----- -- Wm ` O to Ir 0 r— -- i � N J`)O�MNZ91A0 N — — — —.— — II 9L'f9Z � N 2N,6.:Uti" M o� axe r1 avou ), � 1103 000 w m Q � 2 - - pcn .. .. .. .. .. .. .. .. 4 2 II Eo Ili I, ii fF a I O o- F�� sl LLI cc �\ 3 $ ” F �� C e @ d I I F I c \ ....� b rJ o � o 0 1 M.,22a a ! e 0 51i =__ 7——_ . D?'aco - --------- ----- -- Wm ` O to Ir 0 r— -- i � N J`)O�MNZ91A0 N — — — —.— — II 9L'f9Z � N 2N,6.:Uti" M o� axe r1 avou ), � 1103 000 w EXHIBIT `E' PROJECTED DEVELOPMENT SCHEDULE PROSPER CROSSING June 12, 2015 TRACT A: Phase 1 (CVS Pharmacy) a. Construction Start 02/01/16 b. Construction Completion 07/16/16 c. Store Opening 08/07/16 Phase 2 (Anchored Shopping Center a. Construction Start TBD b. Construction Completion TBD c. Store Opening TBD TRACTS B, C, & D a. Construction Start TBD b. Construction Completion TBD c. Store Opening TBD Ordinance No. 17-03, Page 13 of 18 ,p, A a pFE a ^ o . 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