17-32 O - Amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance by providing for a variance process for certain private clubs in conjunction with a restaurant use. (Z17-0002)TOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-32
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING SUBPART (e) OF STANDARD 29,
"PRIVATE CLUB," OF SUBSECTION 1.4, "CONDITIONAL
DEVELOPMENT STANDARDS," OF SECTION 1, "USE OF LAND AND
BUILDINGS," OF CHAPTER 3, "PERMITTED USES AND
DEFINITIONS," OF THE TOWN'S ZONING ORDINANCE BY
PROVIDING FOR A VARIANCE PROCESS FOR CERTAIN PRIVATE
CLUBS IN CONJUNCTION WITH A RESTAURANT USE; PROVIDING
FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after public notice and public hearing as required by law, the
Planning and Zoning Commission of the Town of Prosper, Texas, has recommended
amending the Town's Zoning Ordinance to encompass those amendments as set forth
herein; and
WHEREAS, after public notice and public hearing as required by law, and upon
due deliberation and consideration of the recommendation of said Planning and Zoning
Commission and of all testimony and information submitted during said public hearing,
the Town Council of the Town of Prosper, Texas, has determined that it is in the public's
best interest and in furtherance of the health, safety, morals, and general welfare of the
citizens of the Town to amend the Town's Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and
factual findings of the Town of Prosper, and they are hereby approved and incorporated
into the body of this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, Subpart (e) of Standard 29,
"Private Club," of Subsection 1.4, "Conditional Development Standards," of Section 1,
"Use of Land and Buildings," of Chapter 3, "Permitted Uses and Definitions," of the
Town's Zoning Ordinance is hereby amended to read as follows:
"e. There shall be no variances considered with regard to the regulations set forth
herein; however, a variance from the distances referenced herein may be
approved by the Town Council for any property annexed by the Town after May
13, 2006, and upon which a restaurant is, or is proposed to be, located. In
considering a distance variance, the following shall apply:
(1) An application shall be submitted to the Town on a form provided by the
Department of Development Services.
(2) The application shall contain all required information on the form.
(3) The Department of Development Services shall set a date for
consideration of the application by the Town Council at a public hearing.
(4) No less than ten (10) days before the date of consideration by the Town
Council, the Director of Development Services or his or her designee
shall provide notice to each owner, as indicated by the most recently
approved municipal tax roll, of property within two hundred feet (200') of
the property on which the distance variance is proposed. The notice may
be served by its deposit in the municipality, properly addressed with
postage paid, in the United States mail.
(5) In considering the application for a variance to any distance requirement,
the Town Council shall consider if the distance requirement in the
particular instance:
is not in the best interest of the public;
constitutes waste or inefficient use of land or other resources;
iii. creates an undue hardship on an applicant for a private club
permit;
iv. does not serve its intended purpose;
V. is not effective or necessary; or
vi. for any other reason that the Town Council, after consideration of
the health, safety, and welfare of the public and the equities of the
situation, determines is in the best interest of the community.
(6) The Town Council may impose reasonable conditions on the granting of a
distance variance.
(7) A variance granted pursuant to this section is valid for any subsequent
renewals for the state -issued alcohol permit. A distance variance granted
pursuant to this section may not be transferred to another location."
E X«iID]:IM
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. The Town 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. 17-32, Page 2
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby
repealed to the extent they are in conflict, and any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each
offense.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication
as required by law; however, the provisions of this Ordinance shall not be applicable to
any residential development or tract of land for which one or more final plats has been
approved by the Town as of the effective date of this Ordinance.
DUVIPMAJl�PPROVED, AND ADOPTED BY THE TOWN COUNCIL OF
SNS E '�F PROSPER, TEXAS, ON THIS 11th DAY OF April, 2017.
a
Ray Smith, May r
A T• $ •
1'
obyn B le, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
t �
Terrence S. Welch, Town Attorney
Ordinance No. 1732, Page 3