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O-2023-37 Rezoning 168 Acres PD-40 Residential Use Phase 7F & 7G - WSRTOWN OF PROSPER, TEXAS ORDINANCE NO. 2023-37 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF LAND CONSISTING OF 168.550 ACRES, MORE OR LESS, SITUATED IN THE L. RUE SURVEY, ABSTRACT NO. 1110, THE J. TEETER SURVEY, ABSTRACT NO. 1262, THE P.R. RUE SURVEY, ABSTRACT NO. 1555, THE J. MORTON SURVEY, ABSTRACT NO. 793, THE A. JAMISON SURVEY, ABSTRACT NO. 672, THE B. WEEDIN SURVEY, ABSTRACT NO. 1369, THE R. YATES SURVEY, ABSTRACT NO. 1538, AND THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476, TOWN OF PROSPER, DENTON COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-40 (PD-40) TO PLANNED DEVELOPMENT- 40, AS AMENDED; 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 Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request (Case Zone- 23-0006) from VP Windsong Operations, LLC, ( "Applicants"), to rezone 168.550 acres of land, more or less, in the L. Rue Survey, Abstract No. 1110, the J. Teeter Survey, Abstract No. 1262, the P.R. Rue Survey, Abstract No. 1555, the J. Morton Survey, Abstract No. 793, the A. Jamison Survey, Abstract No. 672, the B. Weedin Survey, Abstract No. 1369, the R. Yates Survey, Abstract No. 1538, and the M.E.P. & P.R.R. Survey, Abstract No. 1476, Town of Prosper, Denton County, Texas, from Planned Development-40 to Planned Development-40, As Amended (PD-40) and being more particularly described in Exhibit A-3 and Exhibit A-4, attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated 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, Public Hearings have been held, and all other requirements of notice and completion of such 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 Amendment to the Town's Zoning Ordinance. The Town's Zoning Ordinance, as amended, is hereby amended as follows: The zoning designation of the below described property containing 168.550 acres of land, more or less, in the L. Rue Survey, Abstract No. 1110, the J. Teeter Survey, Abstract No. 1262, the P.R. Rue Survey, Abstract No. 1555, the J. Morton Survey, Abstract No. 793, the A. Jamison Survey, Abstract No. 672, the B. Weedin Survey, Abstract No. 1369, the R. Yates Survey, Abstract No. 1538, and the M.E.P. & P.R.R. Survey, Abstract No. 1476, Town of Prosper, Denton County, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned Development-40 As Amended and being more particularly described in Exhibit A-3 and Exhibit A-4, 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 Development Standards, attached hereto as Exhibit C, all of which are incorporated herein for all purposes as if set forth verbatim, subject to the following conditions of approval by the Town Council: 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 or any provision of Prosper's Zoning Ordinance, 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 May's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from Ordinance No. 2023-37, Page 2 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, as amended, 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 PROSPER, TEXAS, ON THIS 23RD DAY OF MAY, 2023. ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S./Welch, Town Attorney David F. Bristol, Mayor of PRo .41 Ordinance No. 2023-37, Page 3 191�� / � TEXA% Exhibit A-4 WHEREAS VP Windsong Operations LLC and VP Windsong Investments LLC are the owners of a tract of land situated in the L. Rue Survey, Abstract No. 1110, the J. Teeter Survey, Abstract No. 1262, the P.R. Rue Survey, Abstract No. 1555, the J. Morton Survey, Abstract No. 793, the A. Jamison Survey, Abstract No. 672, the B. Weedin Survey, Abstract No. 1369, the R. Yates Survey, Abstract No. 1538, and the M.E.P. & P.R.R. Survey, Abstract No. 1476, Town of Prosper, Denton County, Texas, being all of Windsong Ranch Phases 7F and a portion of tracts conveyed by deeds recorded in Document No. 2020-191377, Document No. 2021-53914, Document No. 2018-84666 and the Document No. 2018-142926 of the Official Public Records, Denton County, Texas (OPRDCT), with the subject tract being more particularly described as follows: Beginning at a 1/2" iron rod with plastic cap stamped "SPIARSENG" found for the northwest corner of Windsong Ranch Phase 7F and the southwest corner of Windsong Ranch Phase 7D; THENCE, S 77-48'15" E, 71.33 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE, S 35-52-41" E, 13.49 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE around a non -tangent curve to the left having a central angle of 05029'01", a radius of 725.00 feet, a chord of S 86°36'54" E - 69.36 feet, an arc length of 69.39 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE, S 89021'25" E, 606.05 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE, S 00038'35" W, 50.00 feet to the south line of existing Old Red Lane, a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE N 89021'25" W, 77.39 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE S 46016'34" W, 14.30 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE S 01 054'33" W, 67.94 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE around a tangent curve to the right having a central angle of 03°42'00", a radius of 210.00 feet, a chord of S 03°45'34" W - 13.56 feet, an arc length of 13.56 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE S 88005'27" E, 120.41 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE around a non -tangent curve to the right having a central angle of 00019'27", a radius of 1565.00 feet, a chord of S 01°44'50" W - 8.86 feet, an arc length of 8.86 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE S 01054'33" W, 179.18 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE around a tangent curve to the left having a central angle of 39031'19", a radius of 645.00 feet, a chord of S 17051'06" E - 436.14 feet, an arc length of 444.91 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE S 37036'45" E, 130.71 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE S 37036'45" E, 252.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found; THENCE S 49055'58" E, 148.30 feet; THENCE S 61 °03'55" E, 198.34 feet; THENCE S 18024'30" W, 210.94 feet; THENCE S 65001'53" W, 396.79 feet; THENCE S 57030'57" W, 254.58 feet; THENCE S 51 °39'13" W, 208.16 feet; THENCE S 78030'31" W, 306.95 feet; THENCE N 71 °24'03" W, 89.16 feet; THENCE S 84010'09" W, 147.00 feet; THENCE S 71 °30'22" W, 154.91 feet; THENCE S 02046'44" E, 78.96 feet; THENCE S 49009'59" E, 183.24 feet; THENCE S 26045'00" W, 245.19 feet; THENCE S 58039'48" W, 136.20 feet; THENCE N 45034'25" W, 76.11 feet; THENCE S 56039'24" W, 205.92 feet; THENCE S 26010'06" W, 142.86 feet; THENCE S 44045'17" W, 305.47 feet; THENCE S 14003'28" W, 103.32 feet; THENCE S 60055'18" E, 96.96 feet; THENCE N 75043'21" E, 119.82 feet; THENCE S 66025'13" E, 86.79 feet; THENCE S 24051'53" W, 100.94 feet; THENCE S 55051'44" W, 188.78 feet; THENCE S 01 029'53" W, 244.44 feet; THENCE S 31 001'55" E, 234.59 feet; THENCE S 05042'25" W, 158.94 feet; THENCE N 70001'22" E, 60.63 feet; THENCE N 81 °42'26" E, 132.05 feet; THENCE N 24021'23" E, 129.80 feet; THENCE N 89'15'23" E, 132.98 feet; THENCE S 86029'05" E, 154.84 feet; THENCE N 58058'59" E, 131.12 feet; THENCE N 02000'36" E, 77.61 feet; THENCE N 21 °17'34" E, 112.45 feet; THENCE N 69006'36" E, 134.32 feet; THENCE S 63007'16" E, 216.70 feet; THENCE N 36051'32" E, 70.61 feet; THENCE N 13015'38" W, 113.40 feet; THENCE N 77028'31" E, 141.93 feet; THENCE S 84020'13" E, 112.22 feet; THENCE S 28002'08" E, 506.00 feet; THENCE, around a non -tangent curve to the left having a central angle of 100°45'58", a radius of 50.00 feet, a chord of N 71056'11" W - 77.03 feet, an arc length of 87.93 feet; THENCE S 85026'58" E, 135.10 feet; THENCE S 04033'02" W, 210.64 feet; THENCE S 80015'18" E, 70.29 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" found on the north line of First Street, a public right-of-way; THENCE N 85026'58" W, 596.54 feet along the north line of said First Street; THENCE, around a tangent curve to the left along the north line of said First Street, having a central angle of 18°06'28", a radius of 945.00 feet, a chord of S 85029'48" W - 297.42 feet, an arc length of 298.66 feet; THENCE departing the north line of First Street N 85°52'00" W, 940.26 feet; THENCE, around a non -tangent curve to the right having a central angle of 17053'24", a radius of 1460.00 feet, a chord of N 77033'16" W - 454.02 feet, an arc length of 455.87 feet; THENCE N 86059'52" W, 401.85 feet; THENCE N 55000'39" E, 119.81 feet; THENCE N 30055'58" E, 106.08 feet; THENCE N 08013'30" E, 50.53 feet; THENCE N 25006'31" E, 589.17 feet; THENCE N 04022'38" W, 62.21 feet; THENCE N 34°34'46" W, 115.39 feet; THENCE N 21029'19" W, 181.60 feet; THENCE N 03044'11" W, 76.15 feet; THENCE N 09024'27" E, 426.73 feet; THENCE N 02036'54" W, 198.25 feet; THENCE N 10055'56" W, 296.33 feet; THENCE N 33040'39" E, 147.82 feet; THENCE N 10053" 1" E, 59.56 feet; THENCE N 15011'02" W, 113.48 feet; THENCE N 03008'35" W, 96.14 feet; THENCE N 28025'50" W, 164.34 feet; THENCE N 09041'12" E, 65.39 feet; THENCE N 55034'32" E, 144.27 feet; THENCE N 81 °45'35" E, 62.38 feet; THENCE S 67052'21" E, 112.82 feet; THENCE N 68045'34" E, 85.56 feet; THENCE N 08025'57" E, 61.20 feet; THENCE S 89017'21" W, 164.34 feet; THENCE N 03032'47" W, 929.90 feet; THENCE S 85047'35" W, 228.77 feet; THENCE N 02°06'10" E, 1767.38 feet; THENCE S 88023'11" E, 1111.78 feet; THENCE S 00010'32" W, 125.32 feet; THENCE N 88059'25" E, 713.52 feet; THENCE along the west line of Windsong Ranch Phases 7D & 7H, an addition to the Town of Prosper as recorded in Document 2022-232 OPRDCT, the following: THENCE S 22048'49" E, 112.94 feet; THENCE S 22037'49" W, 91.00 feet; THENCE N 88049'33" W, 55.12 feet; THENCE N 73012'32" W, 168.99 feet; THENCE S 85030'14" W, 80.30 feet; THENCE S 48054'35" W, 53.93 feet; THENCE S 03005'01" W, 81.40 feet; THENCE S 15035'39" W, 90.38 feet; THENCE S 88002'05" W, 68.80 feet; THENCE N 62059'32" W, 118.27 feet; THENCE N 83057'10" W, 178.07 feet; THENCE S 70059'05" W, 363.17 feet; THENCE S 16043'56" W, 95.66 feet; THENCE S 25009'48" E, 181.04 feet; THENCE S 59044'46" W, 52.17 feet; THENCE N 86018'18" W, 260.23 feet; THENCE S 63008'43" W, 102.33 feet; THENCE S 14042'04" W, 100.91 feet; THENCE S 36044'09" E, 241.21 feet; THENCE S 06016'07" W, 65.76 feet; THENCE S 25044'58" W, 336.71 feet; THENCE S 79011'44" E, 761.64 feet to the POINT OF BEGINNING with the subject tract containing 7,342,047 square feet or 168.550 acres of land. Of NDSOTOW N OF WItANCId P 0ER IR:�lll'ES K A N C H' H 6 M E i Exhibit B TO: Mr. David Soto, Town of Prosper FROM: Tradition Homes - Zach Schneider (President/CEO) & Bill Darling (Chairman) DATE: March 1, 2023 SUBJECT: Windsong Ranch Phase 7F/7G — Modern Farmhouse (Type A & B Courtyard Lots) Purpose The purpose of this memorandum is to request the Town of Prosper's support regarding exterior building materials for Type A and Type B Courtyard Lots in Phases 7F and 7G of Windsong Ranch. This request is regarding Phases 7F and 7G only. More specifically, Tellus and Tradition both desire to build Modern Farmhouse elevations in this highly desirable section of Windsong Ranch with the goal of adding architectural diversity to the community. Overview Tradition Homes was founded in 2019 by Zach Schneider and father-in-law Bill Darling. Tradition is a luxury homebuilder operating in several locations within Prosper and Prosper ISD. Tradition's current average home price is approximately $11M. Tellus and Tradition Homes are working together on Phases 7F and 7G of Windsong Ranch. Tradition Homes is the only builder in Phase 7F and 7G. • Phase 7F. This phase was developed in 2022. Tradition Homes is actively building luxury patio homes in Phase 7F. • Phase 7G. Development activities in Phase 7G will commence soon. Phase 7G lots are anticipated to be delivered in late 2023. Crop of Windsong Ranch Phase 7F/7G �- P A �r .. ��.. 9' f ) vv N OF WINC P SPER i�►�,�i�i I I 4 A N L 1��,� A 1 H U M E $ PD-40 & Development Agreement Phases 7F and 7G of Windsong Ranch include Type A and Type B lots. This section of Windsong Ranch is being constructed under the Courtyard Home Option. Tellus and Tradition Homes would like to amend PD-40 and amend the Development Agreement to allow Tradition Homes to build their Modern Farmhouse ("E" Elevations) in Phases 7F and 7G. PD-40 currently includes language that allows Modern Farmhouse elevations to be constructed on Type C, Type D, and Type F lots. We are requesting this language applied to Type A and Type B Courtyard Homes. Tradition Homes — Luxu Patio Homes Tradition Homes is currently building their Luxury Patio Homes in Windsong Ranch (Prosper, TX) and Mustang Lakes (Celina, TX). This product is very similar to the product our family has designed and built over the years in the Dallas and Houston markets. A very important distinction for our Luxury Patios compared to other builders is we serve a very affluent buyer. Luxury Patio Homes -- Buyer Profile Below are things this Buyer desires in a Luxury Patio Home: • They want a minimum 2,600 SF - 3,300 SF on one floor. ■ They want their home to be highly amenitized, resembling what they have become accustom to in their existing home. • They want an enclave of +/-100 homes with no through streets. This allows them the community they want with their peers and does not allow for teenage or family drivers through their neighborhood. • They have shown that they want high end MPC's like Windsong Ranch. There is no need for additional amenities because they like interacting with the overall community which often includes their children and grandchildren. • They can lock up and go out of town ("lock and leave") due to smaller yards and minimal maintenance. Conclusion Tradition Homes is focused to building distinctive homes in distinctive master planned communities. We are grateful to be a builder in Windsong Ranch and a builder in the Town of Prosper. We believe these Modern Farmhouse Elevations will add architectural diversity to the streetscape and enhance this area of the community. Tradition Homes is willing to provide physical addresses to actual homes that represent this architectural style upon request (addresses are not included in this memorandum for the safety and privacy of our customers). Attached to this memorandum are several architectural renderings of our Modern Farmhouse Elevations. EXHIBIT "C" Development Standards for Windsong Ranch Town of Prosper. Texas 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 (as it currently exists or may be amended) shall apply. Arnenily Pro ram a. General. As a master planned community, Windsong Ranch will have a programmed and qualitatively controlled system of amenities throughout. These amenities combine to create an overall sense of place that would be difficult to achieve when considered as independent elements within smaller developments. The community amenities that are addressed within these Development Standards are: • Primary Community Entries • Secondary Community Entries Neighborhood Entries • Thoroughfare Landscape Buffers • Community Park • Community Amenity Center Floodplain / Greenway Parks • Neighborhood Parks • Pocket Parks b. Primary Community Entries a. Major points of entry into Windsong Ranch (minimum two locations, including at least one entry along U.S. 380) will be defined with a combination of monument signage, landscape and lighting to create a sense of arrival commensurate in scale and character with a 2,120.54 acre master planned community (see representative examples below). These entries will include: • Community name / logo incorporated into monument signage element, to be constructed of masonry or similar material; • Enhanced landscape, including seasonal color, shrubs, groundcover, perennials and unique combinations of both canopy and ornamental trees; • Enhanced lighting on the monument / signage and the unique aspects of the landscape; ■ Water will be considered as an accent feature if land and topography permit, and if compatible with the overall physical design theme for the community. b. Primary entries will be developed to incorporate both sides of the entry roadway when both are contained within Windsong Ranch, and will also include enhancements to the median in the immediate area (where / if applicable). Landscape easements will be provided to ensure adequate space to provide for visibility triangle(s) and adequate development of entry design. n- i�elT A G E G. Secondary Cornmunity Entries Secondary community entries will be similar to primary community entries in their use of compatible building and landscape materials, but will be smaller in scale and land area. They will occur at the outside edges of Windsong Ranch, at the entries for either arterials or collectors into the community. It is anticipated that a minimum of three secondary entries will be provided for the community, primarily along Teel Parkway (see representative examples below). Secondary community entries will include the following elements, scaled slightly smaller than the primary entries: • Community name / logo incorporated into monument signage element, to be constructed of masonry or similar material; • Enhanced landscape, including seasonal color, shrubs, groundcover, perennials and unique combinations of both canopy and ornamental trees; • Enhanced lighting on the monument / signage and the unique aspects of the landscape; • Center median to allow for more landscape density and also provide alternative location for neighborhood identification and way -finding graphics; • Landscape easements where required to accommodate enhanced landscape and monument construction. 19. Neighborhood Entries. Internal to Windsong Ranch and along both arterials and collectors, points of intersection will be enhanced to denote entries into individual 'villages' or neighborhoods. These entries will resemble primary and secondary entries in their use of materials and landscape, but will also incorporate village or neighborhood names and will contribute to a unique, community -wide system of visual way finding. Thoroughfare Landscape Buffers (Arterial and Collector Roads), - 25'Min.). Thoroughfares will provide a continuity of design from primary and secondary points of community entry throughout the entirety of Windsong Ranch. These thoroughfares and the adjacent landscape buffers are intended to include the following: Screen walls composed primarily of ornamental metal fence with living screen or stone or stone veneer (allowing brick accent), ONLY if the Town determines that mitigating circumstances (land area / depth, topography, etc) will not allow natural landscape to buffer adjacent land uses (no builder fencing allowed); Enhanced grading / berms combined with landscape (grass, trees, accent shrubs and groundcover at entry points) to provide design continuity and buffer adjacent land uses; Street tree system throughout (formal and/or informal in arrangement — design to be determined), to visually identify the hierarchy of streets and neighborhoods. A variety of tree species will be provided, including canopy / shade and smaller flowering, ornamentals of a minimum 3 inch caliper for every 30 lineal feet which with requested approval by the Town at the time of submission of a preliminary plat may be grouped and in no case shall there be less than the total number of street trees as required by this subsection; Continuous 6' sidewalks on both sides of the thoroughfare (sidewalks interior to Residential may be 5'); Integrated neighborhood / `village' entries at points of intersection. e. Community Park Windsong Ranch will include one community park (of approximately 50 acres) that shall be dedicated to the Town in accordance with the Preannexation Agreement. Schedule for improvements and requirements for maintenance are described in Section 4 of the Development Standards. It is intended that this park include sports and athletic facilities, passive and natural spaces and associated parking - all of a scope and type to be determined in coordination with Town staff. Following are parameters of design intended for this facility: ■ Location will be along one of the open space / greenway parks in order to facilitate pedestrian connectivity to the neighborhoods; Facility design will utilize materials (masonry, pavements, landscape, lighting) that are compatible with other common area improvements within the Windsong Ranch community; Specific facilities to be determined in coordination with Town staff, but may include some combination of the following: ✓ 8' wide hike and bike trails ✓ Softball / Baseball field(s) (lighted); ✓ Soccer field(s) (lighted); ✓ Football field(s) ✓ Multipurpose field(s) ✓ Shade pavilion(s); ✓ Parking; ✓ Trailhead connections to adjacent floodplain / greenway parks; ✓ Site furnishings, including benches, water fountains, trash receptacles; ✓ Enhanced landscape at entries, and irrigated turf in all maintained (developed) areas. Community Amenity Center a. At least one Community Amenity Center shall be developed within Windsong Ranch, providing a range of more active, family oriented activities in a 'resort' style environment (see representative examples above). This facility will be HOA maintained and provide the "centerpiece" recreational amenity for the entire community. Like the community park, this facility is intended to be located along the floodplain / greenway parks system to accommodate pedestrian and bicycle access from the neighborhoods of Windsong Ranch. A. A Community Amenity Center will be completed along with the initial phase of residential development, within the Single - Family Residential Tract. B. Three (3) additional Neighborhood Amenity Centers will be built upon completion of each successive phase of residential development, each phase to include approximately 750 homes, within the Single -Family Residential tract. b. The intended program for the Community Amenity Center facility shall include multiple elements from the following list: • Active adult and children's pools; • Water slides and water play features; • Paved and turf chaise areas; • Community building, with interior and exterior spaces programmed for resident and HOA uses, including possible inclusion of a kitchen, community room, meeting room(s), fitness room, and storage area(s); • Restrooms (in the community building and possibly additionally at the pool area(s); • Convenience parking (quantity to be determined based upon code compliance); ■ Children's playground facility(s); • Sport court(s); • Trailhead linkages to the floodplain / greenway parks. - •ram ��� j i ;; C. Floodylain 1 Greenway Parks A. Windsong Ranch includes over 550 acres of flood plain corridors through the property. Significant portions of these corridors are rich in native flora and fauna, and are intended to be preserved in a natural condition, with only minimal impact to allow hike / bike trail linkages. Other areas are more open and less valuable as a native resource, and these areas may be developed to include a golf course or ponds and fountains that contribute to the overall storm drainage system and provide enhanced value to the community. All of these corridors shall be interconnected with a series of paths and trails, with an overall hike / bike trail system throughout. Following are the key components of this system of open space through the community: • Master hike / bike trail — minimum 8' in width — concrete or other material approved by the Town — linking all neighborhoods, schools and amenities; • Secondary paths and trails — minimum 8' in width — concrete or 'soft' surface (decomposed granite, crushed fines) is permitted for HOA maintained trails— providing secondary linkages and `spur' connections to the hike / bike trail system; • Native preservation areas in locations of most desirable existing vegetation, including wetland, upland and forested environments; • Trailhead locations at community amenity sites and at schools, to include trail maps, bike racks, and site furnishings (trash, seating); ■ Ponds and water features in open areas where impacts to existing vegetation will not be an issue and storm drainage requirements can be enhanced — ponds to include predominantly native, soft edges, safety shelves, water circulation / aeration to ensure water quality. Neighborhood Parks A. Windsong Ranch will include a minimum of three, 7.5 acre (each) neighborhood parks, distributed throughout the community in areas that are linked by the floodplain / greenway parks system and that contribute to ensuring a maximum'/4 mile walk from any neighborhood to a park or open space amenity. Additional requirements for schedule of completion for these facilities, as well as maintenance, can be found in Section 4 of the Development Standards. B. Neighborhood parks shall be designed as a complementary component of the Windsong Ranch amenities program, including consideration of alternative uses, and the use of compatible materials (hardscape, landscape and, if included, lighting). These parks are to be integrated within the open space system as well as the neighborhoods that they serve. Neighborhood parks may include features and elements from the following list of amenities; • Open play fields (non -lit); • Sport courts; • Covered pavilion or shade structure; • Children's playgrounds segregated by age groups (i.e. 2-5 and 5-12); • Parking for +/- 10 spaces; • Grading around perimeter to provide safety for playfields and street frontages; • 8' sidewalks around site linking facilities and providing connections to adjacent floodplain / greenway parks; • Town's Park signage approved by the Parks Board consistent with community theme. e. Pocket Parks Additional components of the Windsong Ranch amenities program are smaller pocket parks within individual neighborhoods. These parks will be an HOA maintained component of the open space system, and allow for: • Providing valuable open space in adjacency to smaller homes; ■ integration of existing tree rows and other natural features that warrant preservation; • ensuring one -quarter mile resident walks to a component of the open space system; • additional passive and moderately active recreational opportunities, including: ✓ open play areas; ✓ natural interpretive areas; ✓ neighborhood playgrounds; ✓ children's water play area; ✓ small neighborhood gathering spaces. 2. Single -Family Residential Tract a. General Description: Residential uses shall be permitted throughout the Property as set forth herein. Allowed Uses: Land uses allowed within the Single -Family Residential Tract 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. • Accessory buildings incidental to the allowed use and constructed of the same materials as the main structure. • Churches / rectories • Civic facilities • Community Landscape Maintenance Facility (as outlined in Section 2.g.) ■ Electronic security facilities, including gatehouses and control counter • Fire stations and public safety facilities ■ Guest House ■ Home Occupation C Model Home • Park or Playground ■ Private Recreation Center ■ Private Street Development and gated communities S C. 51 e • Public or Private Parks, playgrounds and neighborhood recreation facilities including, but not limited to, swimming pools, clubhouse facilities and tennis courts, to be stated on plat • Single family residential uses as described herein Schools — public or private • Golf Course for Country Club (including clubhouse, maintenance facilities, on -course food and beverage structure, and on course restroom facilities.) • Temporary real estate sales offices for each builder during the development and marketing of the Planned Development which shall be removed no later than 30 days following the final issuance of the last Certificate of Occupancy (CO) on the last lot owned by that builder. Temporary buildings of the builders and uses incidental to construction work on the premises, which shall be removed upon completion of such work. • Townhouses (only as a buffer use as set forth herein) • Utility distribution lines and facilities. Electric substations shall be allowed at the sole discretion of the Developer. Density: The maximum number of single family detached units for the Properties is 3,324, of which 1,758 lots shall be in Phases 6 through 9 (as depicted on Exhibits A-3 and A-4). Lot Types: The single family detached lots developed within the Properties shall be in accordance with the following Lot Types: • Type A Lots: Type B Lots: • Type C Lots: • Type D Lots: • Type E Lots: ■ Type F Lots: Minimum 8,000 square foot lots Minimum 9,000 square foot lots Minimum 10,500 square foot lots Minimum 12,500 square foot lots Minimum 6,000 square foot lots Minimum 20,000 square foot lots Lot Type Development Threshold: A. Planning and Zoning Commission can approve up to three hundred (300) Type E final platted Lots prior to the final acceptance by Town of twenty (20) Type F Lots. Area and building regulations: a. Type A Lots: The area and building standards for Type A Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type A Lots shall be 8,000 square feet. A typical lot will be 60' x 133', but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type A Lots shall be sixty (60) feet. C. Minimum Yard Setbacks. Minimum Front yard Setback: The minimum Front yard setback for Type A Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as amended shall apply to Type A Lots. Minimum Side yard Setback: (a) The minimum Side yard setback for Type A Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum side yard setback shall be either fourteen (14) feet for one side and two (2) feet for the other side yard or thirteen (13) feet for one side and three (3) feet for the other side yard. Windows on the 2' or 3' side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is ten (10) feet for a maximum number of lots not to exceed one hundred and forty (140) Type A lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front fagade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type A Lot shall contain a minimum of one thousand, nine hundred (1,900) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. E. Height. The maximum height for structures on Type A Lots shall be forty (40) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type A Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a fagade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box -outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Building Official. For Courtyard Homes, exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior facade material in a limited number of Courtyard Homes in Phases 7F and 7G, with such limitation being thirty percent (30%) of the number of platted lots in Phases 7F and 7G. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type A Lot. iv. Chimneys. On Type A Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. Stucco. Stucco on structures on Type A Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type A Lots. Windows. All window framing on structures on Type A Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. Roofing. Window shutters may be used on structures on Type A Lots. Window shutters shall be painted, stained wood, or fiberglass. No reflective window coverings or treatments shall be permitted. N Structures constructed on the Type A Lots shall have a composition, slate, clay tile or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8" in 12". Clay tile and cement/concrete tile roofs shall have a minimum slope of 3" in 12". Pitch ends shall be 100% guttered. K. Garages. i. Homes shall have a minimum of two (2) car garages but no more than three (3). No carports shall be permitted. ii. Homes with three (3) garages shall not have more than two (2) garage doors facing the street. iii. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type A Lot shall have a minimum principal plate height of 9' on the first floor. K Fencing. No fence, wall or hedge on a Type A Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. All Type A Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. N. Landscaping. i. A minimum of six (6) caliper inches of trees shall be planted on all Type A Lots. ii. A minimum of one (1) tree shall be located in the front yard. iii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (Y) as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type A Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type A Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type A Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type A Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type A Lots are attached hereto as Exhibit "F-1". S. Accessoty Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. b. Type B Lots: The area and building standards for Type B Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type B Lots shall be nine thousand (9,000) square feet. A typical lot will be 70' x 128', but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type B Lots shall be seventy (70) feet. C. Minimum Yard Setbacks. Minimum Front yard Setback: The minimum Front yard setback for Type B Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as amended shall apply to Type B Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type B Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum side yard setback shall be either fourteen (14) feet for one side and two (2) feet for the other side yard or thirteen (13) feet for one side and three (3) feet for the other side yard. Windows on the 2' or 3' side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. iii. Minimum Rear and Setback: (a) The minimum Rear yard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is ten (10) feet for a maximum number of lots not to exceed one hundred and ten (110) Type B lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front fagade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Sjpace. Each dwelling constructed on a Type B Lot shall contain a minimum of two thousand, one hundred (2,100) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type B Lots shall be forty (40) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type B Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board is considered masonry, but may only constitute fifty (50) percent of the area for stories other than the first story. However, cementitious fiber board may not be used as a fagade cladding material for portions of upper stories that are in the same vertical plane as the first story. Cementitious fiber board may also be used for architectural features, including window box -outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. For Courtyard Homes, exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior fagade material in a limited number of Courtyard Homes in Phases 7F and 7G, with such limitation being thirty percent (30%) of the number of platted lots in Phases 7F and 7G. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. hi. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type B Lot. iv. Chimneys. On Type B Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. V. Stucco. Stucco on structures on Type B Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type B Lots. Windows. All window framing on structures on Type B Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. Window shutters may be used on structures on Type B Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofing. i. Structures constructed on the Type B Lots shall have a composition, slate, clay tile or cement/concrete tile roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8" in 12". Clay tile and cement/concrete tile roofs shall have a minimum slope of 3" in 12". Pitch ends shall be 100% guttered. K. Garages. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type B Lot shall have a minimum principal plate height of 9' on the first floor. M. Fencing. No fence, wall or hedge on a Type B Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. All Type B Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. N. Landscaping. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. A minimum of nine (9) caliper inches of trees shall be planted on all Type B Lots. ii. A minimum of two (2) three inch (3") caliper trees shall be located in the front yard. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (Y) as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type B Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type B Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type B Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type B Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type B Lots are attached hereto as Exhibit "F-2". S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. C. Type C Lots: The area and building standards for Type C Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type C Lots shall be ten thousand, five hundred (10,500) square feet. A typical lot will be 80' x 131', but may vary as long as the requirements of Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type C Lots shall be eighty (80) feet. C. Minimum Yard Setbacks. Minimum Front yard Setback: The minimum Front yard setback for Type C Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as amended shall apply to Type C Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type C Lots shall be eight (8) feet. (b) For courtyard homes, as defined herein, the minimum side yard setback shall be either fourteen (14) feet for one side and two (2) feet for the other side yard or thirteen (13) feet for one side and three (3) feet for the other side yard. Windows on the 2' or 3' side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be twenty-five (25) feet. (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is ten (10) feet for a maximum number of lots not to exceed forty five (45) Type C lots. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. On corner lots, architectural features and porches may encroach into required side yards up to five (5) feet on the road side. Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front fagade of the main structure, but may not encroach into the required front yard. D. Minim_um_Floor Space. Each dwelling constructed on a Type C Lot shall contain a minimum of two thousand, three hundred (2,300) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type C Lots shall be forty-five (45) feet. F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type C Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior fagade material in a limited number of homes as specified in Table 1. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type C Lot. iv. Chimneys. On Type C Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. V. Stucco. Stucco on structures on Type C Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type C Lots. Windows. All window framing on structures on Type C Lots shall be bronzed, cream, sand, white or other commercially available colors in anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type C Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roof inq. Structures constructed on the Type C Lots shall have a composition, slate, synthetic slate, standing seam metal, clay tile or cement/concrete tile roof. ii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. K. Garages. The main roof pitch of any structure shall have a minimum slope of 8" in 12" for at least 75% of all Type C Lots. Up to 25% of Type C Lots may have roof pitches anywhere in the range between 3" in 12" and 8" in 12". Pitch ends shall be 100% guttered. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. Garage doors shall be constructed of metal or wood. L. Plate Heiqht. Each structure on a Type C Lot shall have a minimum principal plate height of 10' on the first floor. M. Fencing. No fence, wall or hedge on a Type C Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. i. All Type C Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. N. Landscaping. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. A minimum of nine (9) caliper inches of trees shall be planted on all Type C Lots. A minimum of two (2) three inch (Y) caliper trees shall be located in the front yard. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (Y) as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type C Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type C Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type C Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type C Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type C Lots are attached hereto as Exhibit "F-3". S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. d. Type D Lots: The area and building standards for Type D Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type D Lots shall be twelve thousand, five hundred (12,500) square feet. A typical lot will be 90' x 138', but may vary as long as requirements Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type D Lots shall be ninety (90) feet. C. Minimum Yard Setbacks. Minimum Front Yard Setback: The minimum Front yard setback for Type D Lots shall be twenty-five (25) feet. The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as amended shall apply to Type D Lots. Minimum Side yard Setback: (a) The minimum Side yard setback for Type D Lots shall be eight (8) feet. (b) For corner lots, the minimum Side yard setback shall be fifteen (15) feet. Minimum Rear yard Setback: The minimum Rear yard setback shall be twenty-five (25) feet. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to five (5) feet. On corner lots, architectural features and porches may encroach into required side yards up to five (5) feet on the road side. Swing -in garages may encroach into required front yards up to ten (10) feet. Front facing garages are permitted to extend to the front fagade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type D Lot shall contain a minimum of two thousand, six hundred (2,600) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type D Lots shall be forty-five (45) feet. F. Driveways. Driveways fronting on a street on Type D Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. G. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior fagade material in a limited number of homes as specified in Table 1. ii. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plague. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type D Lot. V. Chimneys. On Type D Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be 100% brick or stone. V. Stucco. Stucco on structures on Type D Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type D Lots. H. Windows. All window framing on structures on Type D Lots shall be bronzed, cream, sand, white or other commercially available colors in anodized aluminum, vinyl or wood. Window shutters may be used on structures on Type D Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. I. Roofing. Structures constructed on the Type D Lots shall have a composition, slate, synthetic slate, standing seam metal, clay tile or cement/concrete tile roof. ii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. J. Garages. The main roof pitch of any structure shall have a minimum slope of 8" in 12" for at least 50% of all Type D Lots. Up to 50% of Type D Lots may have roof pitches anywhere in the range between 3" in 12" and 8" in 12". Pitch ends shall be 100% guttered. Homes shall have a minimum of two (2) car garages but no more than four (4). No carports shall be permitted. ii. Homes with three (3) or four (4) garages shall not have more than two (2) garage doors facing the street. Garage doors shall be constructed of metal or wood. K. Plate Height. Each structure on a Type D Lot shall have a minimum principal plate height of 10' on the first floor. L. Fencing. No fence, wall or hedge on a Type D Lot shall exceed eight (8) feet in height or be less than four (4) feet in height unless otherwise specifically required by the Town of Prosper. All Type D Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. M. Landscaping. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. A minimum of nine (9) caliper inches of trees shall be planted on all Type D Lots. ii. A minimum of two (2) three inch (Y) caliper trees shall be located in the front yard. iii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (Y) as measured at 1 foot above grade. V. The front, side and,rear yard must be irrigated by a programmable irrigation system and sodded with grass. N. Mailboxes. Mailboxes on a Type D Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). O. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type D Lots. P. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type D Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. Q. Alan Elevations. On Type D Lots, plan elevations shall alternate every four (4) homes on the same side of a street and every three (3) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type D. Lots are attached hereto as Exhibit "F-4". R. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. ii. Accessory structures shall be separate from the main dwelling by a minimum of ten (10) feet, have a minimum Rear yard setback of ten (10) feet, and a minimum Side yard setback of eight (8) feet. e. Type E Lots: The area and building standards for Type E Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type E Lots shall be 6,000 square feet. A typical lot will be 50' x 130', but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type E Lots shall be fifty feet (50'). C. Minimum Yard Setbacks. Minimum Front yard Setback: The minimum Front yard setback for Type E Lots shall be twenty-five feet (26). The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as it currently exists, shall apply to Type E Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type E Lots shall be five feet (5'). (b) For corner lots, the minimum Side yard setback shall be fifteen feet (16). iii. Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be twenty-five feet (25'), with a twenty -foot (20') Rear yard setback allowed on lots that have a thirty foot (30') Front yard setback. iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to ten feet (10'). Swing -in garages may encroach into required front yards up to ten feet (10'). Front facing garages are permitted to extend to the front facade of the main structure, but may not encroach into the required front yard. D. Minimum Floor Space. Each dwelling constructed on a Type E Lot shall contain a minimum of one thousand seven hundred (1,700) square feet of floor space. Floor space shall include air- conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type E Lots shall be forty feet (40'). F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are not permitted. G. Driveways. Driveways fronting on a street on Type E Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred percent (100%) masonry. Cementitious fiber board may be used for architectural features, including window box -outs, bay windows, roof dormers, garage door headers, columns, chimneys not part of an exterior wall, or other architectural features approved by the Director of Development Services. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plague. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type E Lot. V. Chimneys. On Type E Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be one hundred percent (100%) brick or stone. v. Stucco. Stucco on structures on Type E Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type E Lots. Windows. All window framing on structures on Type E Lots shall be bronzed, cream, sand or white anodized aluminum, vinyl or wood. Window shutters may be used on structures on Type E Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. Roofing. Structures constructed on the Type E Lots shall have a composition, slate clay tile or cement/concrete the roof. ii. The color of the composition roof must appear to be weathered wood shingles, black or slate, unless such other color is approved by the Director of Development Services. Composition roof shingles must be laminated and have a minimum warranty of 30 years. iv. The main roof pitch of any structure shall have a minimum slope of 8" in 12". Clay tile roofs and cement/concrete tile shall have a minimum slope of 3" in 12". Pitch ends shall be 100% guttered. A minimum of twenty-five percent (25%) of Type E Lots, shall have a main roof pitch greater than 8:12. K. Garages. i. Homes shall have a garage sized for a maximum of two (2) cars in width. Three (3) car garages are acceptable by incorporating a tandem spot. Carports or three (3) car front facing garages shall not be permitted. ii. Homes with two (2) single car width garage doors facing the street shall have such garage doors separated by a masonry column of no less than twelve inches (12') in width. iii. Garage doors shall have a minimum Front yard setback of twenty-five feet (25'). iv. A minimum of fifty percent (50%) shall have two (2) single garage doors split by a masonry column. V. A maximum two (2) garage spaces shall face the street. vi. Garage doors shall be constructed of wood, or a material that gives the appearance of a real wood door. Materials may consist of paint or stain grade wood (Cedar, Ash, Hemlock, etc.) or other material, including fiberglass or steel, that when stained or painted gives the appearance of a real wood door. vii. Two of the following garage door upgrades shall be incorporated: (a) Carriage style door designs giving the appearance of a classic swing -open design with the flexibility of an overhead door operation (b) Doors incorporating decorative hardware (c) Doors with windows L. Plate Height. Each structure on a Type E Lot shall have a minimum principal plate height of nine feet (9') on the first floor. M. Fencing. No fence, wall or hedge on a Type E Lot shall exceed eight feet (8') in height or be less than four feet (4') in height unless otherwise specifically required by the Town of Prosper. All Type E Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. iii. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. N. Landscaping. i. A minimum of six caliper inches (6") of trees shall be planted on all Type E Lots (inclusive of street trees). ii. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iii. Trees shall be a minimum of three caliper inches (Y) as measured at 1 foot above grade. iv. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. v. A minimum of one (1) tree shall be located in the front yard. O. Mailboxes. Mailboxes on a Type E Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type E Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type E Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type E Lots, plan elevations shall alternate every fourth (4th) homes on the same side of a street and every third (3rd) homes on opposite sides of the street. Illustrative examples of the elevations and floor plans for Type G Lots are attached hereto as Exhibit "F-5". S. Accessory Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. Accessory structures shall be separate from the main dwelling by a minimum of ten feet (10'), have a minimum Rear yard setback of ten feet (10'), and a minimum Side yard setback of eight feet (8'). T. Porches. A minimum of twenty-five percent (25%) of Type E Lots shall have a front porch, subject to the following regulations. A minimum of fifteen percent (15%) of homes along a block face shall have a porch. ii. The minimum porch depth shall be seven feet (7'). The minimum porch width for a house with a split garage door shall be seven feet (7'). iv. The minimum porch width for a house without a split garage door shall be ten feet (10'). U. House Pad Width. Type E lots shall have a minimum pad width of thirty-nine feet, six inches (39' 6"). f. Type F Lots: The area and building standards for Type F Lots are as follows and as set forth in Table 1: A. Minimum Lot Size. The minimum lot size for Type F Lots shall be 20,000 square feet. A typical lot will be 120' x 170', but may vary as long as requirements in Table 1 are accommodated. B. Minimum Lot Width. The minimum lot width for Type F Lots shall be one hundred twenty feet (120'). C. Minimum Yard Setbacks. Minimum Front yard Setback: The minimum Front yard setback for Type F Lots shall be thirty feet (30'). The minimum front yard and rear yard requirements for staggering the front yards, as set forth in Section 9.3.F of the Town's Zoning Ordinance, as amended shall apply to Type F Lots. ii. Minimum Side yard Setback: (a) The minimum Side yard setback for Type F Lots shall be twenty feet (20'). (b) For courtyard homes, as defined herein, the minimum Side yard setback shall be twenty-six feet (26') for one side and fourteen feet (14') for the other side yard. Windows on the 14' side of the courtyard home will not be allowed unless they are opaque or consist of glass block. (c) For corner lots, the minimum Side yard setback shall be twenty-five feet (25'). iii, Minimum Rear yard Setback: (a) The minimum Rear yard setback shall be thirty feet (30'). (b) For Courtyard Homes, as defined herein, the minimum Rear yard setback is twenty feet (20'). iv. Permitted Encroachment. Architectural features and porches may encroach into required front and rear yards up to ten feet (10'). On corner lots, architectural features and porches may encroach into required side yards up to ten (10) feet on the road side. Swing -in garages may encroach into required front yards up to fifteen feet (15). Front facing garages are permitted to extend to the front fagade of the main structure, but may not encroach into the required front yard. D. Minimum _Floor Space. Each dwelling constructed on a Type F Lot shall contain a minimum of three thousand (3,000) square feet of floor space if constructed as a single story structure and three thousand five hundred (3,500) if constructed as a two story structure. Floor space shall include air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling E. Height. The maximum height for structures on Type F Lots shall be forty-five feet (46). F. Courtyard Home Option. Courtyard Homes, which are defined as homes having an open-air courtyard surrounded on three sides by the home, are permitted. G. Driveways. Driveways fronting on a street on Type F Lots shall be constructed of the following materials: concrete, brick pavers, stone, interlocking pavers, stamped concrete, or concrete with stone or brick border. H. Exterior Surfaces. The exterior facades of a main building or structure, excluding glass windows and doors, shall be constructed of one hundred (100) percent masonry. Cementitious fiber board and siding is considered masonry. However, cementitious fiber board and siding may only be used as the primary exterior facade material in a limited number of homes as specified in Table 1. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick, brick veneer, stone, or stone veneer wall area of a residence. Address Plaque. An address plaque or numbers made of cast stone, metal or other materials used on the exterior of the home of a size that meets Town fire code is required for each Type F Lot. iv. Chimneys. On Type F Lots, all exposed portions of the fire breast, flu and chimney shall be clad in cementitious lap siding, brick, stone or stucco. Chimneys located on an exterior wall must be one hundred percent (100%) brick or stone. v. Stucco. Stucco on structures on Type F Lots shall be traditional 3-coat process cement plaster stucco. vi. EIFS. EIFS (Exterior Insulating and Finish Process) is not allowed on structures on Type F Lots. Windows. All window framing on structures on Type F Lots shall be bronzed, cream, sand, white or other commercially available colors in anodized aluminum, vinyl or wood. i. Window shutters may be used on structures on Type F Lots. Window shutters shall be painted, stained wood, or fiberglass. ii. No reflective window coverings or treatments shall be permitted. J. Roofinq. Structures constructed on the Type F Lots shall have a composition, metal, slate, synthetic slate, standing seam metal, or tile roof. ii. Composition roof shingles must be laminated and have a minimum warranty of 30 years. K. Garages. The main roof pitch of any structure shall have a minimum slope of 8" in 12" for at least 25% of all Type F Lots. Up to 75% of Type F Lots may have roof pitches anywhere in the range between 3" in 12" and 8" in 12". Pitch ends shall be 100% guttered. Homes shall have a minimum of two (2) car garages but no more than five (5). Rear located carports shall be permitted. ii. The maximum width of garage doors allowed to face the street shall be limited to three (3) car widths. iii. Garage doors shall be constructed of either metal or wood. L. Plate Height. Each structure on a Type F Lot shall have a minimum principal plate height of ten feet (10') on the first floor. M. Fencing. No fence, wall or hedge on a Type F Lot shall exceed eight feet (8') in height or be less than four feet (4') in height unless otherwise specifically required by the Town of Prosper. All Type F Lots backing or siding to Open Space shall have a decorative metal fence abutting to said open space. ii. All other fencing shall be constructed of cedar, board on board with a top rail, and shall be supported with galvanized steel posts. A common fence stain color as well as fence detail shall be established for the community by the developer. N. Landscaping. No fencing shall extend beyond a point ten feet (10') behind the front wall plane of the structure into the front yard. A minimum of twelve caliper inches (12") of trees shall be planted on all Type F Lots (inclusive of street trees). A minimum of one (1) tree shall be located in the front yard. Corner lots adjacent to a street shall plant (1) additional tree in the side yard. iv. Trees shall be a minimum of three caliper inches (Y) as measured at 1 foot above grade. V. The front, side and rear yard must be irrigated by a programmable irrigation system and sodded with grass. O. Mailboxes. Mailboxes on a Type F Lot shall be consistent with the theme for the street and with the materials of the home on the respective lot, unless otherwise required by USPS (United States Postal Service). P. Satellite Dishes. Satellite dishes, limited to eighteen inches (18") in diameter or smaller, mounted below the ridgeline on the roof, and not in public view from the front of the home are permitted on Type F Lots. Q. Air Conditioners. No window or wall air conditioning units will be permitted on structures on Type F Lots. Outside condensing units (compressors) which are not located within a privacy fenced area shall be screened by shrubbery save and except access and service space to the condensing units which may not be visible from the street. R. Plan Elevations. On Type F Lots, specific plan elevations shall not be repeated within a given platted phase. S. Accesso Structures. Accessory structures used as a garage, a garage apartment, or guest house, will be allowed. Accessory structures shall be subject to the same exterior construction and architectural standards as the main dwelling. Accessory structures shall be separate from the main dwelling by a minimum of ten feet (10'), have a minimum Rear yard setback of ten feet (10'), and a minimum Side yard setback of eight feet (8'). g. Community Landscape Maintenance Facility: A. Permitted Use. A Community Landscape Maintenance Facility shall be a permitted primary use and may consist of equipment maintenance, open storage, and associated management offices, providing for the establishment and maintenance of landscaping and related services for common areas and open spaces. B. Location. A Landscape Maintenance Facility shall be permitted in a location as identified on Exhibit D-2. C. Development Standards. A Landscape Maintenance Facility shall develop in accordance with Mixed -Use Development Standards (Traditional Retail), as outlined in Section 3., d., except as follows: i. Minimum Front Yard: Sixty Feet (60') ii. Front Fagade: Shall consist of a minimum of ninety percent (90%) brick and/or stone exterior building material. Side and Rear Facades: Shall consist of a minimum of ten percent (10%) brick and/or stone, and the use of metal as an exterior building material shall be permitted. iv. Bay Doors: Shall not be permitted to directly face right-of-way. v. Perimeter landscaping shall consist of the following: (a) Large trees (as defined by the Zoning Ordinance), a minimum 3-inch caliper at the time of planting, planted 30-foot on center, in addition to evergreen shrubs, a minimum 45-gallon and eight -feet in height at the time of planting, planted 6-foot on center. TABLE 1 Lot Type A Lot Type B Lot Type C Lot Type D Lot Type E Lot Type F Min. permitted lot 8,000 sq. ft 9,000 sq. ft. 10,500 sq. ft 12,500 sq. ft. 6,000 sq.ft 20,000 sq.ft. sizes Max. permitted 950 1,074 600 160 500 402 number of lots (maximum of (maximum of (maximum of (maximum of (shall be 361 lot 511 lots 344 lots 2 lots permitted in permitted in permitted in permitted in permitted in Phases 6 Phases 6 Phases 6 Phases 6 Phases 6 through 9 as through 9 as through 9 as through 9 as through 9 as indicated on indicated on indicated on indicated on indicated on Exhibit A-1) Exhibit A-1) Exhibit A-1) Exhibit A-1) Exhibit A-1) { I 0% 0% (exception: (exception: Max. percentage of Courtyard Courtyard lots with 100% Homes Homes 30% o 30% 0 0 /o 30% Cementitious Fiber allowed 30% allowed 30% Board and Siding for only for only Phases 7F Phases 7F and 7G) and 7G) 1 Max. permitted number of lots are transferrable from smaller Lot Type classifications to larger Lot Type classifications z 40 lots is also the minimum number of Type F lots required Min. Front Yard 1 25 ft. 25 ft. 25 ft. 25 ft. 25 ft. 30 ft. Min. Side Yard 8 ft. (14'/2' or 8 ft. (1472' or 8 ft. (14'/2' or 8 ft. 5 ft. 20 ft. 13VT on 1373' on 13'/3' on (26714' on courtyard courtyard courtyard courtyard option) option) option) option) Corner Lot i 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 25 ft. Min. Rear Yard 25 ft. + 25 ft. 25 ft. 30 ft. 25 ft. 25 ft. (10' on (10' on (10' on (Thirty-foot courtyard courtyard courtyard (30') front option for no option for no option for no setback, more than 140 more than 110 more than 45 where a Type A lots) Type B lots) Type C lots) twenty -foot (20') rear setback is allowed) 45 ft. 40 ft. 45 ft. Max. Building Height 40 ft. 40 ft. 45 ft. Max. Lot Coverage 55% 50% 60% 55% 60% 50% Min. Lot Width 60 ft. 70 ft. 80 ft. 90 ft. 50 ft. 120 ft. Min. Lot Depth 100 ft. 100 ft. 110 ft. 125 ft. 100 ft. 150 ft. 2,600 sq. ft. Min. Dwelling Area 1,900 sq. ft. 2,100 sq. ft. 2,300 sq. ft. 1,700 sq. ft. 3,000 sq. ft. (Single Story) 3,500 sq. ft. (Two Story) Min. Pad Width N/A N/A N/A N/A 39 ft., 6 in. N/A 3. Mixed -Use Tract a. Definition: The term 'Mixed -Use' as applied to the Windsong Ranch Development shall include residential and non-residential land uses integrated vertically or horizontally along the property facing U.S. Highway 380 in a walkable, vibrant market driven neighborhood, giving residents the opportunity to live, work and shop in the same community. The architecture of the mixed -use portion of the development will blend with the surrounding residential neighborhood's style. Non- residential uses include retail, restaurants and office. Retail uses are primarily intended to supply the community with everyday convenience goods and services and shall occur on the ground level of stand alone or integrated buildings. Office shall include neighborhood service oriented professional, financial, and medical uses and may occupy ground and/ or upper level building space. Residential land uses are intended to supply attached housing product helping act as a buffer between the more intense retail and office uses along U.S. Highway 380 and the less intense suburban single-family residential product to the north. Principal uses may include town homes and multi -family (condominiums, live/ work loft residential, and luxury apartments). However, it is acknowledged that all or a portion designated as the Mixed Use Tract may develop solely for retail or office uses. It is intended in these standards to provide the flexibility to develop either a multiple use project or traditional retail development. b. Alternative Development Standards. Property within the Mixed Use Tract may be developed solely for retail uses. The Mixed Use Tract development standards provide two sets of standards that allow for a pedestrian -oriented multiple use development (Section 3.c.) or, in the alternative, traditional retail development (Section 3.d.). C. Mixed -Use Development Standards (pedestrian -oriented): A maximum of 250 acres of mixed -use development is permitted on the Properties generally located between U.S. Highway 380 and the collector street (see Exhibit "D"). Development standards for a mixed -use development for this area within the development are described below. a. Permitted Uses. The following uses are permitted within the "Mixed Use" area: 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. • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial S • Antenna and/or Antenna Non -Commercial, attached to buildings or water towers (stand -above towers are prohibited) C ■ Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility S • Athletic Stadium or Field, Private S ■ Athletic Stadium or Field, Public • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop ■ Bed and Breakfast Inn ■ Beer & Wine Package Sales C • Building Material and Hardware Sales, Minor • Building Material and Hardware Sales, Major ■ Business Service ■ Caretaker's/Guard's Residence • Civic/Convention Center • Commercial Amusement, Indoor ■ Community Center • Convenience Store with Gas Pump C • Convenience Store without Gas Pump ■ Day Care Center, Adult S • Day Care Center, Child S • Drug Stores/Pharmacies Duplicating Centers, Mailing Services, Etc • Dry Cleaning, Minor • Farmer's Market 0 Financial Institutions • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture, Home Furnishings and Appliance Store • Garage Apartment • Gas Pumps C • Golf Course and/or Country Club • Governmental Office • Gymnastics/Dance Studio ■ Health/Fitness Center ■ Helistop S • Home Occupation C ■ Homebuilder Marketing Center • Hospital ■ Hotel C • House of Worship • Independent Living Facilities ■ Laboratory, Medical and Dental. ■ Insurance Office • Locksmith/Security System Company Massage Therapy, Licensed • Mini-Warehouse/Public Storage S • Motel S • Multifamily Dwelling (only within the Mixed Use pedestrian alternative) Municipal Uses • Museum/Art Gallery • Nursery, Major S • Nursery, Minor • Optical Stores — Sales and Services • Office/Showroom Park or Playground • Pet Day Care • Post Office Facilities • Print Shop, Minor • Private Club S • Private Recreation Center • Private Street Development S • Private Utility, Other Than Listed • Retirement Housing • Research and Development Center • Recycling Collection Point • Residence Hotel C • Restaurant or Cafeteria C • Restaurant, Drive In/ Drive-Thru • Retail Stores and Shops • Retail/Service Incidental Use • Retirement Housing • School, Private or Parochial ■ School, Public Single Family Dwelling, Attach ed(Townhome) • Stealth Antenna, Commercial • Studio Dwelling • Temporary Building C ■ Theater, Neighborhood ■ Theater, Regional • Veterinarian Clinic and/or Kennel, Indoor ■ Winery Multifamily Uses: Multi -family units shall be allowed within the mixed use area. A maximum of three hundred, (300) multifamily units shall be allowed within the Mixed Use Tract. If portions of the designated Mixed Use Tract are developed with multi -family residential housing types, they shall be developed in accordance with the following criteria: A. Required Parking: Parking requirements for multi -family development shall be two spaces per one -bedroom unit, two spaces per two -bedroom unit, two and one-half spaces per three -bedroom unit and one-half space per each additional bedroom per unit. One (1) enclosed parking space per unit will be provided as part of the multi -family unit configuration. Enclosed parking will consist of an attached or detached garage or parking structure screened from public view. B. Exterior Facade Building Materials: All buildings within a multifamily development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. All exterior finishes of buildings within a multifamily development shall have a minimum of ten percent (10%) stone accents. C. Controlled Access: All multi -family developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred (100) feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. C. Townhouse Uses: Townhouse units shall be allowed within the mixed use area or single family area as a buffer between non-residential and single family development. A maximum of three hundred (300) townhouse units shall be allowed. Townhouse units constructed in Single Family Residential Tract do not count against the maximum lot count of 3,500 single family lots. If portions of the designated mixed -use area are developed with townhouse residential housing types, they shall be developed in accordance with the following criteria: A. Required Parking: Parking requirements for townhouse development shall be two spaces per one -bedroom unit, two spaces per two -bedroom unit, two and one-half spaces per three -bedroom unit and one-half space per each additional bedroom per unit. Two (2) enclosed parking spaces per unit will be provided as part of the townhouse unit configuration. Enclosed parking will consist of an attached or detached garage or parking structure screened from public view. B. Exterior Facade Building Materials: All buildings within a townhouse development shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. The use of cementitious fiber board as a primary exterior building material shall be limited to a maximum of fifteen percent of the total exterior wall surfaces. All exterior finishes of buildings within a townhouse development shall have a minimum of ten percent (10%) stone accents. C. Controlled Access: All townhouse developments that contain limited gated access shall locate all gate controls, card pads and intercom boxes in driveway islands in a manner that provides a minimum of one hundred (100) feet of stacking distance from the gate. Such driveway islands shall also contain a break that allows for vehicular u-turn movements back onto a public street. Residential development standards: Development shall be in accordance with the following table: Residential Product Type Multi -family not on Development Requirement Townhouse the second story of other uses Max. Gross Density 10.0 du/ac 15.0 du/ac Min. Lot Area 1,000 sq. ft. 1 acre. Min. Lot Width 20' 100, Min. Lot Depth 50' 150' Min. Front Setback 0' 20" Min. Rear Setback 20' 20" Min. Side Setback (interior lot) 0' 20" Min. Side Setback (corner lot) 15' 25" Max. Lot Coverage 80% 70% Min. Floor Area / Dwelling Unit 1,200 sq. ft. 650 sq. ft. Max. Building Height / No. of 48' / 32 48' / 3 stories' Min. Open Space 20% 30% Multifamily setbacks include: a. Fifty (50) feet for one (1) or two (2) story structures adjacent to property lines with a single family residential use. b. One hundred and fifty (150) feet for three (3) story structures adjacent to property lines with a single family residential use. 2 The maximum height of any building within 60 feet of a property line with a single family residential use shall be 36 feet or 2 stories. e. Non-residential uses A. Required Parking: The total parking required shall be the sum of the specific parking space requirement for each use included within the Mixed Use Tract as required by Zoning Ordinance No. 05-20 as it currently exists or as amended. B. Exterior Facade Building Materials: All main buildings shall have an exterior finish of stone, stucco, brick, tile, concrete, glass or similar materials or any combination thereof. Cementitious fiber board may only be used as an accent material subject to 10% of a fagade. C. Commercial and Retail Development Standards: Development regulations for development within the Mixed Use Tract are intended to allow mixed use development consisting of vertically and horizontally integrated retail, office, service and residential uses. Typically referred to as "new urbanism" -style development, this type of development is characterized by pedestrian -scaled development offering multiple services and amenities with unique landscape and streetscape design. Development for non-residential land uses shall conform to the following: Floor Area: The allowable floor area of buildings within the mixed -use area shall be unlimited, provided that all conditions described herein are met. Lot Area: There is no minimum lot area. Lot Coverage: In no case shall the combined areas of the main buildings and accessory buildings cover more than 90% of the total lot area. Parking facilities shall be excluded from lot coverage computation. iv. Lot Width: There is no minimum lot width. Lot Depth: There is no minimum lot depth. vi. Front Yard: The minimum depth of the front yard shall be ten (10) feet vii. Side Yard: No side yard is required unless vehicular access is provided/required, in which case the side yard shall have a depth of not less than twelve feet. A twenty -four -foot minimum side yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. viii. bear Yard: No rear yard is required unless vehicular access is provided/required, in which case the rear yard shall have a depth of not less than twelve feet. A twenty -four -foot minimum rear yard shall be provided where fire lane access is required and wherever a vehicular access/fire lane easement is not available on the adjoining property. ix. Building Height: Buildings shall be a maximum of five (5) stories, not to exceed seventy (70) feet in height. Architectural features, parapets, mechanical equipment, chimneys, antennas and other such architectural projections may extend above this height limit. X. Pad Sites. There is no limit on the number of pad sites within the Mixed Use Tract for retail uses provided each pad site must satisfy the Area Requirements. Architectural. A. Maximum Building Length -- Buildings shall not be longer than 550 feet without an unconnected physical separation of 25 feet between another building. B. Building Articulation -- All buildings should be designed to emphasize a "base, mid -section, and top." Facades facing public and private streets and extending greater than one hundred (100) feet in length shall incorporate wall plane recesses having a minimum depth of at least three (3) percent of the length of the facade. Recesses shall comprise at least twenty-five percent (25%) of the length of the facade. No uninterrupted length of a facade shall exceed fifty (50) feet in length. C. Roof Line Articulation -- Variations in roof lines shall be used to add interest and reduce the scale of large buildings. Roof features shall complement the character of the overall development and shall have at least one of the following features: Parapets concealing flat roofs and rooftop equipment from public view. The average height shall not exceed 15% of the height of the supporting wall. Parapets shall feature three dimensional cornice treatment. • Overhanging eaves, extending no less than three (3) feet past the supporting walls • Supporting roofs that do not exceed the average height of the supporting walls with an average slope no greater than 3:1 slope. Roof dormers interrupting the eave line. D. Exterior of Buildings Facades -- All fagades oriented toward rights -of - ways, drives or public spaces shall have no less than three of the following elements: ■ Overhangs ■ Canopies or Porticos Recesses/Projections Arcades • Raised corniced parapets over the entrance ■ Peaked roof forms • Arches ■ Outdoor patios ■ Display windows ■ Integral planters that incorporate landscaped areas or seating areas g. Parking Areas A. Surface parking lots shall be screened from streets through the use of screening or liner development such as townhome, live - work, and loft office units. Parking garages may not be visible from streets on more than 2 sides of each block. Beyond these two sides, a development liner (such as loft residential, office, etc.) shall be constructed to shield the garage from view. B. Surface Parking Perimeter Screening — All surface parking lots shall be screened from street view. Such screening shall take the form of 3 foot, 7-gallon plantings of dense evergreen hedge at time of installation measured above the grade of the parking lot. C. Landscape Medians — All surface parking lots shall have a landscape median strip with a minimum width of 6 feet incorporated into the parking lot design to separate the parking area and drive aisle with direct connection to the street. 1 tree shall be planted for every 35 linear feet of median. h. Service and Equipment_ Areas. Service areas are zones and loading docks where servicing of the site takes place and include wall-, ground- or roof -mounted mechanical or equipment areas. A. Placement of Service Areas — Service areas shall (i) not front or be visible from a street, and shall be placed within the building envelope they serve; or (ii) follow the screening requirements below. Dumpsters and trash enclosures be placed within a building's envelope, and no service areas be placed where they are visible from US Highway 380, Gee Road or Fields Road. Loading areas must not be located closer than fifty (50) feet to any single-family lot or public right-of-way, unless wholly within an enclosed building. B. Service Area Screening — Off-street loading and service areas must be placed at the side or rear of buildings and shall be screened in conformity with the requirements of the Zoning Ordinance. C. Service Area Screening Design — In general, the design of all service area screening shall be complementary to the design of the building it serves in terms of its material and color. D. Roof -Mounted Equipment Screening — All roof -mounted equipment shall be screened from public view through the use of design features that complement the building they serve in terms of material and color. Fencing A. Fencing Length and Height — The maximum length of a fence shall be fifty (50) feet without a break of thirty (30) feet. No fencing shall be above three (3) feet in height. B. Fencing Material — All fencing must be wrought iron or decorative steel. Site Landscaping A. Street Trees — Street trees shall be planted at an average of thirty (30) feet on -center across each block face and three and one-half (3 '/z) feet from the back of curb. These trees shall have a minimum caliper of four (4) inches at installation, and shall not be closer than ten (10) feet from a street lamppost. Street tree material shall follow the recommendation of the Director of Development Services, and shall generally follow the type of canopy line created by red oak, live oak, etc. Street trees shall use a consistent species along both sides of each block. B. Tree Planters — Street trees shall be centered within five (5) foot by ten (10) foot planters as leave -outs within the sidewalk and screened with either a twelve (12) inch high ornamental steel fence or brick turn -up edge. Planters shall also consist of evergreen ground cover and perennial plantings. The street - facing leading edge of all planters shall be placed one foot, six inches (1.5 feet) from the face of the curb to allow clearance for passenger car doors to open. C. Prior to the issuance of a Certificate of Occupancy for any building, structure or improvement, all landscaping must be installed in accordance with the approved corresponding landscaping plan. D. Street Lights — Street lights shall be located four (4) feet from face of curb on average intervals of seventy-five (75) feet along all block faces. The light fixtures shall be mounted ten (10) to twelve (12) feet from the finished grade of the sidewalk and shall be of metal halide type. E. Bicycle Racks — Bicycle racks shall be provided on 150 foot intervals of all block faces, clustering at street lamp or building entry locations. F. Litter Containers and Benches — Litter containers and benches shall be provided on 150 foot intervals along all block faces and clustered at street lamp or building entry locations. 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. b. Size of Lots: Minimum Size of Lot Area: Ten thousand (10,000) square feet. Minimum Lot Width: One hundred (100) feet. Minimum Lot Depth: One hundred (100) feet. C. Maximum Height: Two (2) stories, no greater than forty (40) feet. d. Lot Coverage: Fifty (50) percent. e. Floor Area Ratio: Maximum 0.5:1 Permitted Uses: 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: • Accessory Building • Administrative, Medical, or Professional Office • Antenna and/or Antenna Support Structure, Commercial C • Antenna and/or Antenna Support Structure, Non -Commercial C • Antique Shop and Used Furniture • Artisan's Workshop • Assisted Care or Living Facility S • Athletic Stadium or Field, Private S • Athletic Stadium or Field, Public • Auto Parts Sales, Inside • Automobile Paid Parking Lot/Garage • Automobile Parking Lot/Garage • Automobile Repair, Major S • Automobile Repair, Minor • Automobile Sales, Used S • Automobile Sales/Leasing, New S • Bank, Savings and Loan, or Credit Union • Beauty Salon/Barber Shop • Bed and Breakfast Inn • Beer & Wine Package Sales C • Bottling Works • Building Material and Hardware Sales, Major • Building Material and Hardware Sales, Minor • Bus Terminal C • Business Service • Cabinet/Upholstery Shop • Caretaker's/Guard's Residence • Cemetery or Mausoleum S • Civic/Convention Center • College, University, Trade, or Private Boarding School • Commercial Amusement, Indoor • Commercial Amusement, Outdoor S • Community Center • Convenience Store with Gas Pumps C • Convenience Store without Gas Pumps • Dance Hall S • Day Care Center, Adult S • Day Care Center, Child C • Day Care Center, Incidental S • Dry Cleaning, Minor • Equipment and Machinery Sales and Rental, Minor • Fairgrounds/Exhibition Area S • Farm, Ranch, Stable, Garden, or Orchard • Farmer's Market • Feed Store • Flea Market, Inside • Flea Market, Outside S • Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority • Furniture Restoration • Furniture, Home Furnishings and Appliance Store • Gas Pumps C • General Manufacturing/Industrial Use Complying with Performance Standards S • Golf Course and/or Country Club • Governmental Office • Gunsmith • Gymnastics/Dance Studio • Health/Fitness Center • Homebuilder Marketing Center • Hospital • Hotel C • House of Worship • Indoor Gun Range S • Insurance Office • Limited Assembly and Manufacturing Use Complying with Performance Standards • Locksmith/Security System Company • Machine Shop • Massage Therapy, Licensed • Mini-Warehouse/Public Storage S • Mobile Food Vendor C • Mortuary/Funeral Parlor • Motel C • Motorcycle Sales/Service S • Municipal Uses Operated by the Town of Prosper • Museum/Art Gallery • Nursery, Major S • Nursery, Minor • Office and Storage Area for Public/Private Utility • Office/Showroom • Office/Warehouse/Distribution Center • Open Storage (subject to Chapter 4, Section 5 of the Zoning Ordinance) • Park or Playground • Pawn Shop • Pet Day Care C • Print Shop, Major S • Print Shop, Minor • Private Club • Private Recreation Center • Private Utility, Other Than Listed • Recreational Vehicle Sales and Service, New/Used S • Recreational Vehicle/Truck Parking Lot or Garage S • Recycling Collection Point • Rehabilitation Care Institution S • Research and Development Center C • Residence Hotel C • Restaurant or Cafeteria • Restaurant, Drive In • Retail Stores and Shops • Retail/Service Incidental Use • School District Bus Yard C • School, Private or Parochial • School, Public • Sewage Treatment Plant/Pumping Station S • Small Engine Repair Shop • Stealth Antenna, Commercial C • Storage or Wholesale Warehouse S • Taxidermist • Telephone Exchange • Temporary Building C • Theater, Neighborhood • Theater, Regional • Trailer Rental S • Transit Center S • Truck Sales, Heavy Trucks S • Utility Distribution/Transmission Facility S • Veterinarian Clinic and/or Kennel, Indoor • Veterinarian Clinic and/or Kennel, Outdoor • Water Treatment Plant S • Winery 4. Parkland a. Parkland shall consist of the following types: Neighborhood Park, ii. Open space, iii. Community Park containing a minimum of fifty (50) acres, and b. The schedule for providing Parkland shall be as follows: Neighborhood Park: The Neighborhood Parks shall be dedicated to the Town for public use and constructed simultaneously with the construction of the Public Improvements contained within the platted area in which the Neighborhood Parks is/are located. Developer shall, after consultation with the Town, use reasonable efforts to situate Neighborhood Parks adjacent to School Areas, with the specific location being subject to approval by the Town, which may not be unreasonably withheld, delayed, condition or denied. Open Space: Open Space identified on a General Development Plan shall be dedicated to the Town for public use, or reserved for private use by Developer, upon the earlier of: (A) within a reasonable period of time after receiving a written request by the Town for such dedication or reservation, such request being based upon the Park Plan in accordance with the General Development Plan wherein such Open Space is located; or (B) upon recordation of a final plat in which such Open Space is located, provided Developer owns the Open Space to be dedicated or reserved. If Developer is not the owner of the Open Space to be dedicated or reserved, the Owners shall, unless otherwise required herein, be required to comply with such requirements as set forth in the Subdivision Ordinance when the Properties, or portions thereof, develop. iii. Community Park: Within three (3) years from the Effective Date of the Preannexation Agreement, the Community Park shall be dedicated to the Town upon the earlier of: (A) within ninety (90) days of receiving a written request by the Town for such dedication; or (B) at the time the adjacent streets are dedicated to the Town provided Developer owns the land identified as the Community Park; provided, however, the Parties agree that the Community Park dedication shall be in cooperation with and furtherance of the Town's overall park grant efforts. Notwithstanding anything to the contrary herein, if the Developer has not dedicated the Community Park by the time prescribed in the preceding sentence, Owners as applicable, shall dedicate, at absolutely no cost to the Town, the Community Park within three (3) months of a written request by the Town for such dedication. Town shall be fully responsible for Maintenance Obligations of the Community Park upon the Town's acceptance of the dedication. The Town will, within a reasonable time, after receiving the proposed conveyance instrument, provide the Developer and/or Owner, as applicable, written notice of the Town's acceptance of the dedicated Community Park. Parkland reserved for private use shall be owned and maintained by a homeowners association, or other entity, and made available to owners, tenants, residents, occupants and members within the Properties and to their guests and invitees. d. Permitted uses within the Parkland are active and passive recreation uses including, but not limited to the following: ■ trails, ■ playfields, ■ game courts, ■ golf courses, ■ nature centers, outdoor education centers, community gardens, and ■ trail amenities. 5. General Requirements for the Windsong Ranch. a. Amenities: The intent of these development standards regarding the provision of amenities is for an integration of built and natural elements working together as a system that provides for the active and passive recreational needs of the Windsong Ranch community specifically and of the Town of Prosper generally. The distribution of natural beauty throughout the development, exemplified by mature trees and areas of rolling topography, provides the opportunity for a community - wide trail punctuated with nodes of built improvements such as pocket parks. In this way, neighborhood is linked to neighborhood and the Windsong Ranch community is linked to the Town. To help preserve the open character of the Town of Prosper, it is the intent of these development standards that a significant amount of natural open space, particularly amid the floodplain and other sensitive land, be set aside to provide additional open space for Windsong Ranch and for the Town. Design elements in these areas should support non -programmed passive recreational activities such as walking and picnicking. b. Development Plan: A Conceptual Development Plan is hereby attached (Exhibit "D") and made a part of these development standards. It establishes the most general guidelines for the district by identifying the project boundaries, land use types, approximate thoroughfare locations, R.O.W. dedication, roads and illustrates the integration of these elements into a master plan for the whole district. C. Maintenance of Facilities: The Developers shall establish a Homeowner's Association ("HOX) for single family residential areas and a Property Owner's Association ("POK) for mixed use areas, in which membership is mandatory for each lot, and that will be responsible for operation and maintenance of all common areas and/or common facilities contained within the area of the respective residential or mixed use development or adjacent Right -of -Way ("ROW"). The HOA or POA will be created with Phase 1 and each subsequent phase shall be annexed into the association or a separate HOA/POA may be created for each respective phase at the Developer's discretion. Upon completion of fifty percent (50%) buildout of any phase of residential development and creation of the corresponding HOA, the Developer shall provide that all HOA Boards have an advisory position to be filled by individual homeowners residing within the corresponding phase. Prior to transfer of the ownership to the HOA or POA, all specified facilities shall be constructed by the Developer and approved by the Town. The Developer shall provide the Town a mandatory HOA/POA agreement that will be recorded in the deed records of Denton County, Texas. In lieu of the HOA and POA, the Town and Developer may elect to create another entity to undertake the same responsibilities of the HOA or POA. 6. Definitions. The definitions of the Town's Zoning Ordinance (as it currently exists or may be amended) shall apply to these regulations except as otherwise amended herein. For purposes of these Development Standards, the following terms shall have the following meaning: "Masonry" shall mean stone, stucco, brick, tile, concrete, glass or similar materials or any similar material approved by the Town's Director of Development Services. "Independent Living Facilities" means a facility containing dwelling units, accessory uses and support services specifically designated for occupancy by persons 55 years of age or older, in accordance with the housing for older persons provisions of the Federal Fair Housing Act of 1988 (42 U.S.C. section 3607 et seq.), as amended, who are fully ambulatory or who require no medical or personal assistance or supervision. The dwelling units may consist of either multifamily, single-family detached or attached residences, or a combination of such uses.