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11-055 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 11-55 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 05-20; REZONING A TRACT OF LAND CONSISTING OF 39.408 ACRES, MORE OR LESS, SITUATED IN THE J. MORTON SURVEY, ABSTRACT NO. 793, THE B.R. HODGES SURVEY, ABSTRACT 593, AND THE J. KENNEDY SURVEY, ABSTRACT NO. 1688, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT -5I -RETAIL (PD - 51 -R) AND AGRICULTURAL (A) IS HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF 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 Zoning Ordinance No. 05-20 should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Blowfish Boogie, LTD. ("Applicant") to rezone 39.408 acres of land, more or less, situated in the J. Morton Survey, Abstract No. 793, the B.R. Hodges Survey, Abstract No. 593, and the J. Kennedy Survey, Abstract No. 1688 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: 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 Zoning Ordinance No. 05-20. Zoning Ordinance No. 05-20 is amended as follows: The zoning designation of the below -described property containing 39.408 acres of land, more or less, situated in the J. Morton Survey, Abstract No. 793, the B.R. Hodges Survey, Abstract No. 593, and the J. Kennedy Survey, Abstract No. 1688, 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 -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) and the development schedule, attached hereto as Exhibit "E"; 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 Planned Development District shall be sent to all property owners within two hundred feet (200') of the specific area to be amended. SECTION 3: No Vested InteresURgpeal. 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 or any provision of Prosper's Zoning Ordinance No. 05-20, or as amended, 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 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/Repeating Clause. Prosper's Zoning Ordinance No. 05-20 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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 9TH DAY OF AUGUST, 2011. APPROVED AS TO F Ray mith,f ayor ATTESTED TO AND CORRECTLY RECORDED BY: r Amy Piukan y1lown Secretary DATE OF PUBLICATION- �- / rl ao / � Prosper Press Course Bearing Distance L1 S 02.05'15' E 72.00" l2 Al 76.41 `DB' 4 25.31' L3 Red:368.7 ' Arc: 171.25' Tan: 87.28' CA. 27'16'38' Ca7d: M 15'T3'ZD' E 169.64' L4 N 01'35'01' E 144.40' LEGEND 1 .NTA (UR) o '��uc�5"cWn «A � doa1�[wAWpn�N41`pD p�w�{ulXawx/rr FF - rRIE1® MR D A110N MFCP- MRTAC 1 P08 - WaN7r u IMI2IRMIG POC . y{��1yyT� IX eolWmFxurJrt ROW + INa1R-W-Me4T µ� POE w P5M1C WN�Ellf{lri 0AM P�1rS`' 'rLMaN OHU - O,w"" V16M BOuNDAR7 ONES - 07mvO' UHF" -( r UN = suRuxRLs I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON -THE -GROUND SURVEY OF THE PREMISES DEPICTED HEREON AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION ON 03-11-2011 AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. E ,M11 0MPSON 11 RP.LS. a 4557 OF 1YPIRF T4 ,4ASt • 93'b 41'd. n,.e..... �..... Vii.. J.P_ THDSWSON w - 4657 M I I � II yy�gr S U ti<�";fF I I I 1 I I 1 THENCE SOUTH 03 DEGREES 31 MINUTES 30 SECONDS WEST, SEVERING SAID BLOWFISH TRACT, A DISTANCE OF 37429 FEET TO AN ARMY CORPS OF ENGINEERS BRASS MONUMENT FOUND FOR CORNER AT A RE-ENTRANT CORNER OF SAID BLOWFISH TRACT AND AT THE NORTHWEST CORNER OF TRACT 1 AS DESCRIBED IN THE DEED TO MARY RUTH WEBER AND TRACYANN WEBER AS RECORDED IN COUNTY CLERK'S FILE NO. D9-123113, SAID REAL PROPERTY RECORDS; THENCE SOUTH 10 DEGREES 21 MINUTES 24 SECONDS WEST WITH AN EAST LINE OF SAID BLOWFISH TRACT AND WITH THE WEST LINE OF SAID TRACT 1, A DISTANCE OF 408 71 FEET TO AN ARMY CORPS OF ENGINEERS BRASS MONUMENT FOUND FOR CORNER- THENCE ORNERTHENCE SOUTH 02 DEGREES OS MINUTE5 13 S ECON DS EAST CONTINUING WITH AN AND THE WEST LINE OF SAID TRACT I EAST LINE ORSAID OUTEAT A DIS TRACT WITH PASSING EN ROUTE AT A DISTANCE OF 41.59 FEET A METAL FENCE CORNER POST FOUND FOR WITNESS AT THE SOUTHWEST CORNER OF SAID TRACT 1, AND CONTINUING ON SAID COURSE A TOTAL DISTANCE OF 72,00 FEET TO PK NAIL SET FOR CORNER IN FISHTRAP ROAD AT THE SOUTHERN -MOST SOUTHEAST CORNER OF SAID BLOWFISH TRACT; THENCE NORTH 87 DEGREES 48 MINUTES D9 SECONDS WEST WITH THE SOUTH LINE OF SAID BLOWFISH TRACTAND IN FISHTRAP ROAD, PASSING EN ROUTE ATA DISTANCE OF 715.63 FEET THE SOUTHEAST CORNER OF SAID WEST PROSPER VILLAGE TRACT, AND CONTINUING ON SAID COURSE AND WITH THE SOUTH LINE OF SAID WEST PROSPER VILLAGE TRACT A TOTAL DISTANCE OF 1183 01 FEET TO A PK NAIL SET FOR CORNER; 1 1F716 RA01 JAD1 1dTr 5 xHOSROW s`m m I LB1�41L 000 I RORVM H^ANS L I% Iwo A lID 201F BRE aur I Po BOX 56593 9 ! N6 7yyl,90rE o m. 1 F 1 Nae 7765 AEATST, TT lam W3rroN 1% 76206 Nfie F71 1315 1FIMIIPI. T%:Rt! It7VL45 ---IF 00 1 A1Me1� :631 AA67AIY McCOlL27 AIIBREY. 7% 76227 I f 1 ttpoNou I T9 ? ma IW i Un f R 4 I LOT10I LOT9 III \ a LOT 'I C LOT 11 B L❑ C K B_ LOT LOT I I 1 (ou 1� NORTH LAKE COMPANY SUBDIVISION CURRENT ZONING - AGRICULTURAL m ; CAB. C, SLD. 269, P. R. D. C. T. O YAIER A59 CLMR! BP xoR H LOT 1� LOT 2 LOT $ LOT4 LOT 5 LOT 6 IAXE 9AAMb6N RIG LEDENER NOUS 5 OWE CREEK CADUE D OY IOCIWI SMITH I FWNCAIE NOUS T L❑ C K C I PROPDTIIES LTD I I +B6RE'. TEXAS 71217 V! 2D04 DOVE CREEK OR 1 1984 FM 1385 l PROPfRR6oa x L1�D I P�ROPW SH�N 1207 JCS �G I Au 9810', 1X17629 ' MEW. A 76227 AUBIdY, R 16227 1998 FM 1. 1996 FM 1385 j ❑ 1- AVBR. TX 76227 I Aj8RU. TX 76227 I I N B9' 9'1 3 9 E 2 1 5 3.7 51 no � m I N Ir_ ' � Gv` {iN�gagK `fit P c _ / F FJJMF E 12�F-WAY / F,M ROAD NO. 1365 / RED FISH BLUE FISH / PARTNERSHIP FUND, LTD !!/ CC, FILE ND. 06-112138 / R.P.R.DCT. / �- CURRENT ZONING - RETAIL / ' Am F15H BUIE FI91 P/S FUND, DO 701 N, CE1nPAL EX% BD18 ] SOnE NCHAROSDx, TA 72080 480.37' / I 11 L3N .TDi� C,O, FILE 110355 I II R.P.R.D.C.1: �+( I AMICCUFREULLTURAL / F'J A I 309110140 110 EM#Ol^ IIImKI-4420 I I G O 14, S P@$// J FLOOD STATEMENT: I HAVE EXAMINED THE F.E.MA FLOOD INSURANCE RATE MAP FOR DENTON COUNTY, TEXAS, COMMUNITY NUMBER 480774, EFFECTIVE DATE 04-18-2011 AND THAT MAP INDICATES THAT A PORTION OF THIS PROPERTY IS WITHIN ZONE AE, DEFINED AS SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1%ANNUAL CHANCE FLOOD WITH BASE FLOOD ELEVATIONS DETERMINEWAS SHOWN IN PANEL 0410 G OF SAID MAP, THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTYANDIOR STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE, ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR THENCE NORTH 76 DEGREES 51 MINUTES 09 SECONDS WEST CONTINUING WITH THE SOUTH LINE OF SAID WEST PROSPER VILLAGE TRACT AND IN FISHTRAP ROAD DISTANCE OF 25,31 FEET TO A PK NAIL SET FOR CORNER; THENCE NORTH BB DEGREES 31 MINUTES 21 SECONDS WEST CONTINUING WITH THE SOUTH LINE OF SAID WEST PROSPER VILLAGE TRACT AND IN FISHTRAP ROAD DISTANCE OF 915 50 FEET TO A PK NAIL SET FOR CORNER AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN THE DEED TO RED FISH BLUE FISH PARTNERSHIP FUND, LTD, AS RECORDED IN COUNTY CLERK'S FILE NO, 06112136, SAID REAL PROPERTY RECORDS; THENCE NORTH 01 DEGREES 45 MINUTES 21 SECONDS EAST WITH THE WEST LINE OF TRACT AND EAST LINE SAID RED ISH BLUE SAID WEST PROSPER VILLAGE RA WITH THE OF F THE OF AN OLD ROAD BED A DISTANCE FISH TRACT AND ALONG OR NEAR H OF 445.75 FEET TOA K- IRON ROD FOUND FOR CORNER IN A NON-TANGENTIAL CURVE TO THE LEFT IN THE EAST RIGHT4JF-WAY LINE OF FA ROAD NO. 1385; THENCE WITH THE WEST LINE OF SAID WEST PROSPER VILLAGE TRACT AND WITH THE EAST RIGHT-OF-WAY LINE OF F.M. ROAD NO. 1305 AND WITH SAID CURVE TO THE LEFT WITH AN ARC LENGTH OF 171 25', WITH A RADIUS OF 359.71', WITH A CHORD BEARING OF NORTH 15 DEGREES 13 MINUTES 20 SECONDS EAST, WITH A CHORD LENGTH OF 16&64', TO A %' CAPPED IRON ROD SET FOR CORNER THENCE NORTH 01 DEGREES 35 MINUTES 01 SECONDS EAST CONTINUING WITH THE WEST LINE OF SAID WEST PROSPER VILLAGE TRACT AND WITH THE EAST RIGHT -OF -WAV LINE OF F.M. ROAD NO. 1305. A DISTANCE OF 144,40 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 39.408 ACRES OF LAND MORE OR LESS, OF WHICH 7.993 ACRES LIES WITHIN FUTURE PUBLIC RIGHT-OF-WAY, ANDIOR THE 100 YEAR FLOOD ZONE LEAVING 31,415 NET ACRES OF LAND MORE UR LESS, 100 0' 100' 200' 300' GRAPHIC SCALE NOTE: BEARING BASIS ARE DERIVED FROM GPS OBSERVATIONS TEXAS NORTH CENTRAL NAD 83. NOTE: THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF TITLE WORK. SCALE 1' = 1 D0 NOTE: CURRENT ZONING CLASSIFICATIONS PER TOWN OF PROSPER ON-LINE ZONING MAP DATED FEBRUARY 14.2010- ZONING BOUNDARY LINESARE THE PROPERTY UNES UNLESS SHOWN OTHERWISE NOTE: FUTURE RIGHT -OF -WAV ALIGNMENT AND WIDTH FOR F.M. ROAD NO 1305 AND GEE ROAD, AS PROVIDED BY PETrrr BARRAZA LLC, SHOWN FOR PLANNING PURPOSES ONLY AND IS SUBJECT TO CHANGE. NOTE: TOPOGRAPHY PER NTCOG GIS DATA NOTE: ADDRESSES OF ADJOINING PROPERTY OWNERS PER DENTON COUNTY APPRAISAL DISTRICT. > i. .Leolp h ���� Gsy�4'�Oj �41tt��L A" 4 411E "' 404, PC 354 G WFCP ,�lV'° 64014 y4 S"F' P Tr: 0 tYk�,t 4r.. Uj Li -. r II \ 39.40B A RES (GFIZ❑ESS) 31 .41 5 CRES (1111 ') ( m � j . \ FUTURE 140'RIGHT-0F-WAY NIR ArRFArdce4.vl1wtr0.N€XCL r1s1u+FERlwaaac-w.rA{wlmrrLaooxtttN� J \ F.M. ROAD NO. 1385 I IX 9 I m md IS. t, .tFlOf Y+1 40' a'-gp, f m ,r^ . _--__.0 -_ l SES VN ® = qci�1x`xex 3C3 U 105+ P_ y� 108 * rrrx L.�A 21} - ��y # R0 •P�SIJ x I � 1�,1yhti4. pal S. .. f � ms's �.:• I n . rw qy i f FUTURE 60' RIGHT-OF-WAY .. FUTURE 140 RIGHT-OF-WAY fl \ • . \.. A \ GEE ROAD4 I I . . 1iY^1„})201 ,� �yA Osa G7{° 71 \ a ID�F M An -�_�=gym•=-`-_-_%,..__._— ~��--_—�,_ \----------- d--_ I VOL 404: PG M4 I--------- -'�^- 7 f N 88451 21 W 915.513 FISHTRAP ROAD a� f (s23'ASPHALT SURFACE) eD _ D.R. NORTON-TDCAS, LTD- C,C, FILE NO. 09-137599 J I R.P.RD.C.T. 0 9 3 - CURRENT ZONING - AGRICULTURAL G% I DR NORTON-TEVAS LTD y' 0 4306 MUER ROAD, SURE A ROMM. TX 75056 0 0 GGA � P OWNER - TRACT A / APPLICANT_ WEST PROSPER VILLAGE PARTNERS LP 3906 LEMMON AVE. STE. 100 DALLAS, TX 75219-3760 OWNER -TRACT B BUY BLOWFISH LTD 3008 E. HEBRON PKWY, SUITE 300 CARROLLTON, TX 75010-4470 IIIw j ma0 a W Wmd O.0 z�¢ _ SRI I I ¢j N al I I I9+I I i SURVEYOR JOHN E. THOMPSON, II ALL AMERICAN SURVEYING 114-B W. MAIN ST. GAINESVILLE, TX 76240 (940)665-9105 IF FISHIIRAP45, LP G.C. RLE NO. 09-148492 R.P.R.D.C.T. CURRENT ZONING - AGRICULTURAL FISHTRAP 45 IP 3906 IDWON AVE SIE 1W IMIM TX 75219-3760 APPLICANT'S REPRESENTATIVE JOHN ROSE, PE DCMS, INC 4215 WALNUT HILL LANE DALLAS, TX 75229 - _ f -�- - � -- +247J TO GEE RD ------ US TOTAL CARE, CORP C.C. FILE NO. 10-39040 R,RR.D.C.T. CURRENT ZONING - AGRICULTURAL THE THOROUGHFARE ALIGNMENT RI us TUESIAL cwHI co CU PROD 11 CR SHOWN ON THE EXHIBIT ARE FOR IX 7 III- I'llq�fll, 1%7Wk-6701 ILLUSTRATION PURPOSES AND DO NOT SET THE FINAL ALIGNMENT. EXHIBIT A TOWN STAFF WILL WORK WITH TXDOT ZONING CASE NO. Z1 1-0007 TO CONSIDER A RADIUS OF 950 FEET THAT MEETS TXDOT'S DESIGN BEING 3 ACRES CRITERIA TO REDUCE THE IMPACT ON INNTHE HE J. MORTON SURVEY, ABSTRACT NO. 793 )� ITlerican SURROUNDING PROPERTIES WHILE B.R. HODGES SURVEY, ABSTRACT NO .593, urVeying DESIGNING THE ALIGNMENT INASAFE J. KENNEDY SURVEY, ABSTRACT N❑. 1686 P1IDFOL6m4ms1a MANNER. THE ALIGNMENT IS TOWN OF PROSPER, DENTON COUNTY, TEXAS iFs4°°'910d DETERMINED AT TIME OF FINAL PLAT." DAT E PREPARED: 05-25.201 1 GAD4'PS VIDE, TX 75240 REVISED: OB -03-2011 ALTMa uwrl rsV EXHIBIT "B" WEST PROSPER VILLAGE PLANNED DEVELOPMENT DISTRICT STATEMENT OF INTENT AND PURPOSE The Planned Development District provides the ability to encourage and accommodate the development of Retail and Office uses within the Town of Prosper. Retail District uses will generally provide opportunities for retail and office development, all in close association with intersections of future thoroughfares. Facilities will include uses that relate to the geographic location and transportation facilities that are proposed for this area. The Town recently rezoned a portion of this property to PD 51. In the Statement of Purpose and Intent the previous owner stated site characteristics of the development, such as topography, thoroughfare locations, proposed uses and development opportunities will formulate a distinctive approach for the Town's future. Thoroughfare locations have already begun that formulation. When the property was purchased it was learned that North Texas Central Council of Governments, Texas Department of Transportation and the Town's Staff were desirous to link FM 1385 to FM 423. In so doing the resulting sweeping radius and revised connection to FM 1385 decreased the efficiency of the site design and significantly increased the right of way required. The contiguous area went from just under a rectangular shaped 23 acres to just over an irregular shaped 14 acres. The proposed rezoning incorporates about 12 contiguous acres to the previous PD providing for a property that can more reasonably support retail and offices uses commensurate with the location and transportation facilities available. The revised realignment of FM 1385 to connect to FM 423 will serve as a major access and circulation for areas to the north and along the growth corridor of FM 1385. The location of this retail will allow the Town to capture the sales tax dollars from a semi -regional circulation corridor. EXHIBIT "C" WEST PROSPER VILLAGE PLANNED DEVELOPMENT DISTRICT 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 currently exists or may be amended) and Subdivision Ordinance (Ordinance No. 03-05 as it exist or may be amended) shall apply to the property. 1. Retail District: Except as specified below, the property shall develop in accordance with the retail district regulations of the Zoning Ordinance as it exists or may be amended. 1.1.General Descri tion: The Retail District area is intended to provide development opportunities for uses similar to the Town of Prosper's Retail District. This area will also include uses that relate to the site location and transportation modes that exist within this area. Retail District uses shall be permitted throughout the property as set forth herein. 1.2.Permitted Uses: Land uses allowed within the Retail District are as follows: Uses followed by an S are permitted by Specific Use Permit. Uses followed by a C are permitted subject to conditional development standards. Conditional development standards are set forth in Chapter 3, Section 1 of the Town's Zoning Ordinance. 6 Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial C • Antenna and/or Antenna Support Structure, Non -Commercial C e Antique Shop and Used Furniture + Artisan's Workshop ■ Assisted Care or Living Facility S Auto Parts Sales, Inside Automobile Parking Lot/ Garage —Three (3) Story Max. — 36 Feet (36') Automobile Repair, Minor r Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop. Retail/ Service Incidental Use School, Private or Parochial School, Public ® Small Engine Repair Shop (Indoor) Stealth Antenna, Commercial C Taxidermist (Indoor) e Temporary Building C Theater, Neighborhood • Veterinarian Clinic and/or Kennel, Indoor • Winery S 1.3. Size of Yards: 1.3.1. Minimum Front Yard: Thirty (30) feet for one (1) or two (2) storybuildings, fifty (50) feet for buildings taller than two (2) stories. Twenty five (25) feet where no parking is located between a building and R.O.W. 1.3.2. Minimum Side Yard: 1.3.2.1. Twenty (20) feet adjacent to a nonresidential district. The minimum side yard setback may be eliminated for attached buildings on separate lots as shown on an approved site plan. 1.3.2.2. Forty (40) feet for a one (1) story building adjacent to aresidential district and sixty (60) feet for a two (2)story building adjacent to a residential district. 1.3.2.3. Thirty (30) feet adjacent to a street. 1.3.3. Minimum Rear Yard: 1.3.3.1. Fifteen (15) feet adjacent to a nonresidential district. The minimum rear yard setback may be eliminated for attached buildings on separate lots as shown on an approved site plan. 1.3.3.2. Thirty (30) feet for one (1) story building adjacent to a residential district and sixty (60) feet for a two (2)story building or higher adjacent to a residential district. 1.3.3.3. Automotive uses shall have a two hundred (200) foot building set back from any residential zoning district. v� • f � SURVEYOR THE THOROUGHFARE ALIGNMENT SHOWN ON THE EXHIBIT ARE FOR PARKING TABULATION JOHN E. THOMPSON, kl APPLICANT'S REPRESENTATIVE ILLUSTRATION PURPOSES AND DO NOT SET THE FINAL ALIGNMENT. TOWN LOT AREA ARE 13LDG AREA COVERAGE PARKING REQUIRED PARKING PROVIDED PARKING RATIO 114-B W. MAIN ST. ACRE I SF SF F.A.R,. RETAIL REST TOTAL 4215 WALNUT HILL LANE SP/1000 1 14.75 642418.0 144900 22.5554 545 68 632 636 4.3692 2 4.80 208915.0 11900 ,5.6961 48 PROSPER, TEXAS 48 60 5.0420 3 1.60 69586.0 4875 7.0057 49 49 120 24.6154 4 1.19 51707.0 3890 7.5232 39 39 48 12.3393 5 0.94 40766.0 3890 9.5418 39 39 44 11.3111 6 1,29 56248.0 4225 7,5114 42 42 80 18.9349 7 1.51 65663,0 4128 6.2866 17 17 37 &9632 8 1,56 67919.0 4102 6..0395 16 16 33 8.0449 9 3.46 150795.0 1 17199 11.4056 1 69 69 106 6,1631 TOTAL '22.3264 972626.0 199109.0 20.4713 592 175 76B 864 4.3393 SURVEYOR THE THOROUGHFARE ALIGNMENT SHOWN ON THE EXHIBIT ARE FOR OWNER - TRACT A / APPLICANT JOHN E. THOMPSON, kl APPLICANT'S REPRESENTATIVE ILLUSTRATION PURPOSES AND DO NOT SET THE FINAL ALIGNMENT. TOWN 0 40 e0 WEST PROSPER VILLAGE OWNER - TRACT B ALL AMERICAN SURVEYING JOHN ROSE, PE STAFF WILL WORK WITH TxDOT TO CONSIDER A RADIUS OF 95OFT THAT PARTNERS LP BUY BLOWFISH LTD 114-B W. MAIN ST. DCMS, INC MEET'S TxDOT'S DESIGN CRITERIA TO REDUCE THE IMPACT ON D 3906 LEMMON AVE. STE. 100 3008 E. HEBRON PKWY, SUITE 300 GAINESVILLE, TX 76240 4215 WALNUT HILL LANE SURROUNDING PROPERTIES WHILE DESIGNING THE ALIGNMENT IN A SAFE EXHIBIT D ;T5 DALLAS, TX 75219-3760 CARROLLTON, TX 75010-4470 (940) 665-9105 DALLAS, TX 75229 MANNER. THE ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 5310 Harvest Hill Rd. Suite 146 West Prosper Village qtv Dallas, Texas 75230 PROSPER, TEXAS 972.385.9651 fax972.385.3462 I Berlin Interests EXHIBIT "E" WEST PROSPER VILLAGE PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE It is anticipated that the development of WEST PROSPER VILLAGE will begin within two (2) to ten (10) years after approval and signing of the zoning ordinance. During this time period, prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property. Progress of development improvements will primarily depend on time frames established for construction of thoroughfares, utilities, and market tends/demands for the area. It is anticipated that the development of WEST PROSPER VILLAGE, excluding total construction of all structures, will be completed within twenty-five (25) years of zoning approval.