2025-64 O - Rezoning 373.5 Acres from Agricultural to Planned Development-134 (PD-134) Parvin Rd & FM 1385 - Prosper OaksTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2025-64
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 373.5 ACRES, MORE OR LESS, SITUATED IN THE L.
RUE SURVEY, ABSTRACT 1110, H. RUE SURVEY, ABSTRACT 1111, B. RUE
SURVEY, ABSTRACT 1113, P.R. RUE SURVEY, ABSTRACT 1555, C.
JACKSON SURVEY, ABSTRACT 1546, F. WILKERSON SURVEY, ABSTRACT
1411, J. MORTON SURVEY, ABSTRACT 793, J. TEETER SURVEY,
ABSTRACT 1262, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS,
FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT-134 (PD-134),
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-
24-0022) from Mike Boswell ("Applicant"), to rezone 373.5 acres of land, more or less, L. Rue
Survey, Abstract 1110, H. Rue Survey, Abstract 1111, B. Rue Survey, Abstract 1113, P.R. Rue
Survey, Abstract 1555, C. Jackson Survey, Abstract 1546, F. Wilkerson Survey, Abstract 1411,
J. Morton Survey, Abstract 793, J. Teeter Survey, Abstract 1262, in the Town of Prosper, Denton
County, Texas, and being more particularly described in Exhibit "A-1" and Exhibit "A-2", attached
hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings 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 is amended
as follows: The zoning designation of the below described property containing 373.5 acres of
land, more or less, in the L. Rue Survey, Abstract 1110, H. Rue Survey, Abstract 1111, B. Rue
Survey, Abstract 1113, P.R. Rue Survey, Abstract 1555, C. Jackson Survey, Abstract 1546, F.
Wilkerson Survey, Abstract 1411, J. Morton Survey, Abstract 793, J. Teeter Survey, Abstract
1262, Town of Prosper, Denton County, Texas, and all streets, roads, and alleyways contiguous
and/or adjacent thereto are hereby zoned as Planned Development-134 and being more
particularly described in Exhibit "A-V and Exhibit "A-2", 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 Development Standards, attached
hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D; (3) the West Tract
Block Layout, attached hereto as Exhibit D-1; (4) the Conceptual Elevations, attached hereto as
Exhibit F; (5) the Architectural Styles, attached hereto as Exhibit F; (6) the Landscape, Open
Space, and Trail Plan, attached hereto as Exhibit G; (7) the Inspirational Images, attached hereto
as Exhibit H, all of which are incorporated herein for all purposes as if set forth verbatim.
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 day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
Case No. ZONE-24-0022 Ordinance No. 2025-64, Page 2
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 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/Revealing 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 THE 9TH DAY OF DECEMBER, 2025.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Case No. ZONE-24-0022 Ordinance No. 2025-64, Page 3
EXHIBIT A-1:WRITTEN METES AND BOUNDS
ZONE-24-0022
BEING a tract of land situated in the L. Rue Survey, Abstract No. 1110, the H. Rue Survey
Abstract No. 1111, the B. Rue Survey, Abstract No. 1113, the P.R. Rue Survey, Abstract No.
1555, the C. Jackson Survey, Abstract No. 1546, the F. Wilkerson Survey, Abstract No. 1411,
the J. Morton Survey, Abstract No. 793, and the J. Teeter Survey, Abstract 1262, Denton County,
Texas and being all of a called 189.695-acre tract of land described in a deed to Prosper Oaks
LP, as recorded in Instrument No. 2021-120739, Official Records, Denton County, Texas, and all
of a called 155.903-acre tract of land described in a deed to Prosper Oaks LP, as recorded in
Instrument No. 2021-187834, said Official Records, and all of a called 5.00-acre tract of land,
described in a deed to Jo Lynn Carey Ninemire & Laura Jean Carey Varner, recorded in
Instrument No. 2014-16824 said Official Records, and all of a called 5.3266-acre tract of land,
described in a deed to Mark and Cathi Carey, recorded in Instrument No. 2007-985, said Official
Records, and all of a called 17.070 acre tract of land described in a deed to Prosper Oaks LP,
described in a deed to Prosper Oaks LP, recorded in Instrument No. 2024-93696, said Official
Records, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in Parvin Road (a public road) for the northwest corner
of said 189.695-acre tract and the northeast corner of a called 91.001-acre tract of land
described in a deed to Jaianjaneya Real Estate Services LLC, recorded in Instrument No. 2022-
120979, said Official Records, also being on the south line of Sutton Fields Phase 4A, recorded
in Instrument No, 2023-294, Plat Records, Denton County, Texas;
THENCE North 89018'40" East, along the northerly line of said 189.695-acre tract and said
Parvin Road, a distance of 1,610.43 feet to the southeast corner of said Sutton Fields Phase
4A, same being the westernmost southwest comer of said 155.903-acre tract;
THENCE North 00039'42" West, departing said northerly line, along the westerly line of said
155.903-acre tract, the easterly line of said Sutton Fields Phase 4A, the easterly line of a called
1.000 acre tract of land described in a deed to Dale & Vicki Travis, as recorded in Instrument
No. 2019-53525, said Official Records, the easterly line of a called 1.398 acre tract of land
described in a deed to Claude and Kathleen Adams, as recorded in Instrument No. 2011-67775,
said Official Records, the easterly line of a called 0.366 acre tract of land described as Tract 2 in
a deed to Michael Bohn and Lori Bohn, as recorded in Instrument No. 2020-19369, said Official
Records, and continuing along said Parvin Road, a distance of 944.52 feet to the northwest
corner of said 155.903-acre tract, common to the southwest corner of Sutton Fields Phase 3D,
recorded in Instrument No. 2022-44, said Plat Records;
THENCE South 89011'31" East, departing the easterly line of said Sutton Fields Phase 4A, and
along the northerly line of said 155.903-acre tract, said 5.00-acre tract, said 5.3266-acre tract,
and the southerly line of said Sutton Fields Phase 3D, and a called 109.926-acre tract of land
described in a deed to Sutton Fields East, LLC, recorded in Instrument No. 2021-192973, said
Official Records, a distance of 1,163.72 feet to the northernmost northeast corner of said
5.3266-acre tract;
THENCE South 89°13'09" East, continuing along the northerly line of said 155.903-acre tract,
along the northerly line of said 5.00-acre tract, said 5.3266-acre tract, and the southerly line of
said 109.926-acre tract, a distance of 740.89 feet to the northernmost northeast corner of said
5.3266-acre tract;
THENCE South 56'15'56" East, continuing along the northerly line of said 5.3266-acre tract and
the southerly line of said 109.926-acre tract, and along the northerly line of said 155.903-acre
tract, a distance of 180.59 feet to a point at the beginning of a tangent curve to the left with a
radius of 350.00 feet, a central angle of 33°01'08", and a chord bearing and distance of South
72046'30" East, 198.92 feet;
THENCE in an easterly direction, continuing along the northerly line of said 155.903-acre tract
and the southerly line of said 109.926-acre tract, with said tangent curve to the left, an arc
distance of 201.70 feet to a point for corner;
THENCE South 89017'04" East, continuing along said northerly line, and the southerly line of
said 109.926-acre tract, a distance of 505.80 feet to a mag nail found for the southeast corner of
said 109.926-acre tract, common to the southwest corner of a called 101.60-acre tract of land
described in a deed to MM Celina Parvin 101, LLC, recorded in Instrument No. 2023-32350,
said Official Records;
THENCE South 89013'57" East, continuing along said northerly line, and along the southerly
line of said 101.60-acre tract, a distance of 697.72 feet to an "X" cut in concrete found for the
northeast corner of said 155.903-acre tract, common to the northernmost northwest corner of a
called 48.323-acre tract of land described in a deed to VP Windsong Investments LLC, recorded
In Instrument No. 2021-74160, said Official Records;
THENCE departing the southerly line of said 101.60-acre tract, and along the easterly line of
said 155.903-acre tract and the west line of said 48.323-acre tract, Windsong Ranch Phase 6D,
recorded in Instrument No. 2023-390, said Plat Records, Windsong Ranch Phase 7D&7H,
recorded in Instrument No. 2022-232, said Plat Records, the following courses and distances:
South 28030'00" West, a distance of 111.84 feet to a point for comer;
South 37°30'00" East, a distance of 160.31 feet to a point for comer;
South 20000'00" East, a distance of 146.57 feet to a point for comer;
South 33030'00" West, a distance of 125.24 feet to a point for comer;
South 77000'00" West, a distance of 163.96 feet to a point for corner;
North 70000'00" West, a distance of 159.08 feet to a point for comer;
North 20000'00" West, a distance of 145.13 feet to a point for comer;
North 64000'00" West, a distance of 105.82 feet to a point for comer;
South 46000'00"
West, a distance of 137.91 feet to a point for comer;
South 03030'00"
East, a distance of 88.33 feet to a point for corner;
South 36030'00"
East, a distance of 126.60 feet to a point for comer;
South 46000'00"
West, a distance of 143.43 feet to a point for comer;
South 03030'00"
East, a distance of 96.44 feet to a point for corner;
South 39030'00"
East, a distance of 67.58 feet to a point for corner;
North 82030'00"
East, a distance of 89.32 feet to a point for corner;
South 73030'00"
East, a distance of 61.35 feet to a point for corner;
South 03030'00"
East, a distance of 80.35 feet to a point for corner;
South 44030'00"
West, a distance of 98.69 feet to a point for corner;
South 68000'00"
West, a distance of 162.38 feet to a point for comer;
South 42030'00"
West, a distance of 146.51 feet to a point for comer;
South 05030'00"
East, a distance of 79.52 feet to a point for corner;
South 53030'00"
East, a distance of 96.87 feet to a point for corner;
South 18000'00"
East, a distance of 161.60 feet to a point for comer;
South 20000'00"
West, a distance of 148.19 feet to a point for comer;
South 15000'00"
West, a distance of 172.18 feet to a point for comer;
South 33030'00"
West, a distance of 286.52 feet to a point for comer;
South 49000'00"
West, a distance of 92.68 feet to a point for corner;
North 86030'00"
West, a distance of 86.67 feet to a point for corner;
South 51 000'00"
West, a distance of 46.11 feet to a point for corner;
South 12000'00"
West, a distance of 183.60 feet to a point for corner;
South 61 000'00"
West, a distance of 125.65 feet to a point for comer;
North 62000'00"
West, a distance of 117.81 feet to a point for comer;
South 74030'00"
West, a distance of 83.62 feet to a point for corner;
South 32030'00"
West, a distance of 99.40 feet to a point for corner;
South 03000'00"
West, a distance of 103.89 feet to a point for comer;
South 46000'00"
East, a distance of 51.34 feet to a point for corner;
North 78030'00"
East, a distance of 112.64 feet to a point for corner;
South 83030'00" East, a distance of 109.64 feet to a point for comer;
South 20030'00" East, a distance of 123.94 feet to a point for comer;
South 37000'00" West, a distance of 84.31 feet to a point for corner;
South 75030'00" West, a distance of 201.74 feet to a point for comer;
South 44030'00" West, a distance of 137.72 feet to a point for comer;
South 86030'00" West, a distance of 242.05 feet to a point for comer;
South 62030'00" West, a distance of 215.47 feet to a point for corner;
North 89000'00" West, a distance of 124.44 feet to a point for comer;
South 77030'00" West, a distance of 146.53 feet to a point for comer;
South 33°00'00" West, a distance of 105.98 feet to a point for comer;
South 23030'00" East, a distance of 103.84 feet to the southeast corner of said 155.903
acre tract, being on the northerly line of called Tract 2, described In a deed to VP
Wndsong Operations LLC, recorded in Instrument No. 2018-142926, said Official
Records;
THENCE South 88059'25" West, departing the westerly line of said Windsong Ranch Phase
7D&7H, along the southerly line of said 155.903 acre tract and the northerly line of said Tract 2,
a distance of 713.52 feet to the southerly southwest corner of said 155.903 acre tract, common
to an ell comer of said Tract 2, from which, a 1/2 inch iron rod (bent) found for witness bears
South 32024' East, 3.95 feet;
THENCE North 00013'47" East, along the westerly line of said 155.903 acre tract and the
easterly line of said Tract 2, a distance of 40.46 feet to the northernmost southeast corner of
aforesaid 17.070 acre tract;
THENCE departing the westerly line of said 155.903 acre tract and the easterly line of said Tract
2, and along the easterly line of said 17.070 acre tract, the following courses and distances:
South 41 °38'20"
West, a distance of 25.71 feet to a point for corner;
South 62°22'50"
West, a distance of 74.71 feet to a point for corner;
South 63016'30"
West, a distance of 46.88 feet to a point for corner;
South 60°27'30"
West, a distance of 36.25 feet to a point for corner;
South 59°53'21"
West, a distance of 29.79 feet to a point for corner;
South 56°31'23"
West, a distance of 28.94 feet to a point for corner;
South 53035'37"
West, a distance of 60.89 feet to a point for corner;
South 50017'02"
West, a distance of 31.83 feet to a point for corner;
South 46018'29"
West, a distance of 31.30 feet to a point for corner;
South 44023'27"
West, a distance of 33.07 feet to a point for corner;
South 40037'06"
West, a distance of 32.29 feet to a point for corner;
South 78039'26"
West, a distance of 42.01 feet to a point for corner;
North 68040'40"
West, a distance of 41.63 feet to a point for corner;
South 71 °30'22"
West, a distance of 47.59 feet to a point for corner;
South 39008'53"
West, a distance of 42.46 feet to a point for corner;
South 21 °42'51"
West, a distance of 42.39 feet to a point for corner;
South 27016'51"
West, a distance of 36.07 feet to a point for corner;
South 35037'20"
West, a distance of 35.68 feet to a point for corner;
South 32014'30"
West, a distance of 37.49 feet to a point for corner;
South 25012'19"
West, a distance of 85.30 feet to a point for corner;
South 46044'43"
West, a distance of 42.18 feet to a point for corner;
South 71049'19"
West, a distance of 42.89 feet to a point for corner;
South 87047'15"
West, a distance of 47.42 feet to a point for corner;
North 78043'04" West, a distance of 45.72 feet to a point for corner;
North 57026'44"
West, a distance of 44.71 feet to a point for corner;
North 47021'40"
West, a distance of 45.17 feet to a point for corner;
North 41 °16'31"
West, a distance of 44.92 feet to a point for corner;
North 79016'21"
West, a distance of 46.36 feet to a point for corner;
South 61042'18"
West, a distance of 42.39 feet to a point for corner;
South 00000'15"
East, a distance of 45.45 feet to a point for corner;
South 21 °42'40"
East, a distance of 44.11 feet to a point for corner;
South 33002'14"
East, a distance of 45.17 feet to a point for corner;
South 46040'29"
East, a distance of 44.26 feet to a point for corner;
South 31 °27'40"
East, a distance of 38.89 feet to a point for corner;
South 13015'46"
West, a distance of 44.03 feet to a point for corner;
South 2602642"
West, a distance of 49.23 feet to a point for corner;
South 24034'46"
West, a distance of 57.69 feet to a point for corner;
South 32019'05"
West, a distance of 44.83 feet to a point for corner;
South 45022'04"
West, a distance of 49.31 feet to a point for corner;
South 15004'50"
West, a distance of 44.34 feet to a point for corner;
South 12020'13"
West, a distance of 47.05 feet to a point for corner;
South 51 °32'28"
East, a distance of 47.72 feet to a point for corner;
South 55022'11"
East, a distance of 46.41 feet to a point for corner;
South 49057'31"
East, a distance of 45.99 feet to a point for corner;
South 55016'13"
East, a distance of 45.45 feet to a point for corner;
South 49003'34"
East, a distance of 25.79 feet to a point for corner;
South 23024'33"
East, a distance of 45.63 feet to a point for corner;
South 10019'26"
West, a distance of 47.19 feet to a point for corner;
South 25015'31"
West, a distance of 48.85 feet to a point for corner;
South 21 °39'38"
West, a distance of 44.51 feet to a point for corner;
South 28024'12" West, a distance of 26.50 feet to a point for corner;
South 55'15'13" West, a distance of 49.81 feet to a point for corner;
South 75022'27" West, a distance of 44.43 feet to a point for corner;
South 69007'42" West, a distance of 44.61 feet to a point for corner;
South 49023'46" West, a distance of 41.71 feet to a point for corner;
South 0605920" East, a distance of 46.31 feet to a point for corner;
South 35052'00" East, a distance of 46.30 feet to a point for corner;
South 32007'08" East, a distance of 49.72 feet to a point for corner;
South 14051" 3" East, a distance of 44.18 feet to a point for corner;
South 28025'05" West, a distance of 42.52 feet to a point for corner;
South 67049'28" West, a distance of 46.70 feet to a point for corner;
South 79032'24" West, a distance of 40.33 feet to a point for corner;
South 81 °36'49" West, a distance of 49.95 feet to a point for corner;
South 78001'15" West, a distance of 36.49 feet to a point for corner;
South 05035'28" East, a distance of 47.80 feet to the southernmost southeast corner of
said 17.070 acre tract, being on the westerly line of said Tract 2 and the easterly line of
aforesaid 189.695 acre tract;
THENCE North 85037'47" East, along the westerly line of said Tract 2 and the easterly line of
said 189.695 acre tract, a distance of 193.33 feet to a 5/8 inch iron rod with plastic cap stamped
"KHA" set for an ell corner of said Tract 2, common to a northeast corner of said 189.695 acre
tract;
THENCE South 03033'27" East, continuing along the westerly line of said Tract 2 and the
easterly line of said 189.695 acre tract, a distance of 516.01 feet to the northerly southeast
corner of said 189.695 acre tract, common to the north corner of a called 1.84-acre tract of land
described in a certified copy of probate to Walter C. Fain, recorded in Document No. 2004-
95008, said Official Records;
THENCE South 40°46'41" West, departing said westerly line, and along the northwesterly line of
said 1.84-acre tract, same being the southeasterly line of said 189.695-acre tract, a distance of
552.59 feet to a 1/2 inch iron rod with plastic cap (illegible) found for the southerly southeast
corner of said 189.695-acre tract, common to the southwest corner of said 1.84-acre tract, also
being on the northerly line of a called 23.507 acre tract of land described as Tract 3 in a deed to
Town of Prosper, as recorded in Instrument No. 2022-69025, said Official Records;
THENCE South 89°21'41" West, along the northerly line of said Tract 3, and the southerly line of
said 189.695-acre tract, a distance of 1,002.42 feet to a 1/2 inch iron rod found for the northwest
corner of said Tract 3 and the easternmost northeast corner of the Middle School #9 Addition,
recorded in Instrument No. 2023-375, said Plat Records;
THENCE South 89018'00" West, continuing along said southerly line, and along the northerly
line of said Middle School #9 Addition, a distance of 363.44 feet to the southwest corner of said
189.695-acre tract, common to an ell corner of said Middle School #9 Addition;
THENCE along the westerly line of said 189.695-acre tract, and the easterly line of said Middle
School addition, and a called Tract 1 and a called Tract 2, described in a deed to VEE Prosper
Oaks, LLC, recorded in Instrument No. 2022-53773, said Official Records, and the aforesaid
91.001-acre tract, the following courses and distances:
North 00012'17" East, a distance of 978.51 feet to an ell corner of said Tract 2, common
to the southernmost northwest corner of said 189.695-acre tract, from which, a 5/8 inch
iron rod found for witness bears North 11017' West, 1.16 feet;
North 89006'26" East, a distance of 471.46 feet to a 4 inch metal post found for an ell
corner of said 189.695-acre tract, from which, a 1/2 inch iron rod found for witness bears
North 02024' East, 1.67 feet;
North 00029'54" West, a distance of 720.64 feet to a 1/2 inch iron rod found for the
northeast corner of said Tract 2, common to the southeast corner of said Tract 1;
North 00032'01" West, a distance of 486.46 feet to a 1/2 inch iron rod found for the
northeast corner of said Tract 1, common to the southeast corner of said 91.001-acre
tract;
North 00032'30" West, a distance of 2,726.37 feet to the POINT OF BEGINNING and
containing 16,266,607 square feet or 373.430 acres of land, more or less.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202),
North American Datum of 1983(2011).
Syivla�Guna an
Registered Professional Land Surveyor No. 6461
Kimley-Horn and Associates, Inc.
6160 Warren Pkwy., Suite 210
Frisco, Texas 75034
Ph. 972-335-3580
sylviana.gunawan@kimley-horn.com
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Exhibit B: Statement of Intent
ZONE-24-0022
Prosper Oaks
Statement of Intent and Purpose
Toll Brothers is pleased to submit this Statement of Intent and Purpose for the master planned community
Prosper Oaks which is generally located east of FM 1385, west of Windsong Ranch, north of Noles Road,
and South of Parvin Road / Frontier Parkway.
Prosper Oaks will consist of approximately ±800 age -qualified and market rate residential lots situated on
approximately 373.5 acres. The east portion of the community will consist of typical detached single family
residential with community trail, pond, and amenity area amenities. The west portion is currently designed
as a gated, age -qualified, detached single family housing for adults aged 55 and over. It will include an
amenity center with a design that will focus on seniors, including, but not limited to, indoor meeting spaces,
sports courts and medical office uses. The project will include active and passive amenities for the use of
the Prosper Oaks and Prosper residents.
The community will be designed in accordance with the zoning and subdivision standards of the Town of
Prosper; moreover, the attached Planned Development District will further layout the overall concept for
the Prosper Oaks community with its amenities. A development agreement is also contemplated to address
offsite infrastructure needs to support the community in accordance with the Town's comprehensive plan.
ZONE-24-0022
EXHIBIT C
DEVELOPMENT REGULATIONS
(373.5107 acres; approx. 310.4 Net Acres)
Conformance with the Town's Zoninp- Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Regulations, the regulations of the Town's Zoning
Ordinance (Ordinance No. 05-20), as it exists or may be amended, and the Subdivision
Ordinance (Ordinance No. 17-41), as it exists or may be amended, shall apply.
o In the event of a conflict between the Town's Zoning Ordinance and this PD Ordinance,
this PD Ordinance shall control. In the event of a conflict between these Development
Regulations and the Concept Plan, these Development Regulations shall control.
1. Development Plans:
a) Concept Plan: The property shall be developed in general accordance with the
attached concept plan, set forth in Exhibit D (the "Concept Plan"), except as
modified as provided herein. The Concept Plan shall satisfy all requirements under
the Zoning Ordinance to submit/ approve a conceptual development plan for this
PD and no further conceptual development plan, or approvals by the Planning &
Zoning Commission or Town Council with respect to a conceptual development
plan shall be required.
b) Landscape, Open Space and Trail Plan: The property shall be developed in general
accordance with the attached Landscape, Open Space and Trail Plan, set forth in
Exhibit G (the "Landscape, Open Space and Trail Plan"), except as modified as
provided herein.
c) Changes of detail or amendments to the Concept Plan, the Landscape, Open Space
and Trail Plan (except changes to any Hike and Bike Trails shown on the
Landscape, Open Space and Trail Plan, which are subject to subsection 1(e) below)
or any other exhibits attached hereto may be authorized by the Development
Services Director so long as such changes or amendments:
i. do not alter the basic relationship of the proposed development to adjacent
property;
ii. do not alter the uses permitted;
1. By way of example, a request to develop the West Tract for a use
other than Single Family Dwelling, Detached Active Adult
Community (and uses permitted within the West Tract incidental
to such use) would be considered to alter the uses permitted and
would not be allowed to be authorized by the Development
Services Director.
iii. do not increase the number of dwelling units above 775 dwelling units;
iv. do not increase building height above 40 feet;
V. do not increase lot coverage for any residential lot above 45 percent;
vi. do not decrease the required off street parking ratio; and
vii. do not reduce the minimum yards required pursuant to Section 5 and Section
6 of these Development Regulations (below).
DEVELOPMENT REGULATIONS — Page 1
d) The applicant may appeal the Development Services Director's decision to deny an
amendment to the Concept Plan or any other exhibits attached hereto to the Town's
Planning & Zoning Commission and may appeal the Planning & Zoning
Commission's decision to the Town Council. For any amendments that are not
authorized to be approved by the Development Services Director herein or in the
Zoning Ordinance (or by the Town's Planning & Zoning Commission in the Zoning
Ordinance), the applicant may apply for an amendment through the same process
as a zoning amendment.
e) Changes of detail or amendments to any Hike and Bike Trails shown on the
Landscape, Open Space and Trail Plan may be authorized by the Town's Director
of Parks & Recreation or his/her designated representative (the "Parks Director")
so long as such changes or amendments: do not alter the basic relationship of the
proposed development to adjacent property and which do not alter the uses
permitted, or reduce the minimum yards required pursuant to Section 5 and Section
6 of these Development Regulations (below).
i. The applicant may appeal the Parks Director's decision to deny an
amendment to the Landscape, Open Space and Trail Plan to the Town's
Planning & Zoning Commission and may appeal the Planning & Zoning
Commission's decision to the Town Council. For any amendments that are
not authorized to be approved by the Parks Director herein or in the Zoning
Ordinance (or by the Town's Planning & Zoning Commission in the Zoning
Ordinance), the applicant may apply for an amendment through the same
process as a zoning amendment.
2. Tracts; Defined Terms.
a) Tracts.
i. The property is referred to herein as two separate tracts, the "East Tract",
labeled as the "East Tract" on the Concept Plan and the "West Tract",
labeled as the "West Tract" on the Concept Plan.
b) Defined Terms.
i. "Amenity Center" means a facility that provides amenities primarily for
the use of a private group, association, subdivision or neighborhood.
Amenity centers can include without limitation (but are not required to
include) pools, covered and/or shaded playgrounds, fitness centers, and
other facilities.
ii. "Community Pool" means a swimming pool that is available for use by
residents and their guests in the subdivision or neighborhood in which it is
located. It may be part of an Amenity Center.
iii. "Development Services Director" means the Town's Director of
Development Services or his/her designated representative.
iv. "Fire Pit Amenity" means a designated outdoor area with a fire pit,
provided as a feature for residents or guests to gather around, enjoy warmth
from the fire, and socialize.
V. "Gazebo" means a freestanding roofed structure usually open on the sides.
DEVELOPMENT REGULATIONS — Page 2
vi. "Game Lawn" means an outdoor lawn, grass or other outdoor area that may
be used for outdoor games such as but not limited to cornhole, bocce ball,
croquet, and horseshoes.
vii. "Hike and Bike Trail" means a concrete trail ten feet (10') in width (except
where approved to be less than ten feet in width as described below)
generally shown in yellow and labeled as the "Public Trail" on the
Landscape, Open Space and Trail Plan. The trail may be used for walking,
running, hiking, biking and/or similar uses. The trail shall not be required
to be greater than 10' in width (and may be less than 10' in width where
natural features or vegetation prevent such width as approved by the
Development Services Director). The Development Services Director may
approve less than 10' in width for the Hike and Bike Trail where the owner
or developer is able to show that natural features or vegetation prevent or
impede a ten -foot width. The Hike and Bike Trail will be available for
access by the public. No part of the Hike and Bike Trail as such term is used
herein is required to be within the gated area of the residential community.
viii. "Net acreage" or "net acres" means gross land area less any:
1. Land located within a floodplain or special flood hazard area as
designated by the Federal Emergency Management Agency on its
Flood Hazard Boundary Map and Flood Insurance Rate Maps, or
the Department of Housing and Urban Development, Federal
Insurance Administration, Special Flood Hazard Area Maps.
2. Right-of-way dedicated for major thoroughfares.
3. Required parkland dedication.
4. Detention.
Land used for non-residential purposes.
Notwithstanding the foregoing, net acreage or net acres may include the
following:
o Private open space.
o Park dedication in excess of minimum park dedication
requirements.
o Detention ponds that contain a constant water level, are
landscaped, or otherwise treated as an amenity for the
development, as determined by the Development Services
Director.
ix. "Outdoor Grilling Station" means a set of tools and/or equipment for
grilling or cooking and preparing food outdoors. It typically will include
one or more grills and related counter space.
DEVELOPMENT REGULATIONS — Page 3
X. "Pavilion" means a usually open, covered structure in a garden, open space,
or place of recreation that is used for entertainment or shelter.
xi. "Pocket Park" means a small, outdoor park or open space area.
xii. "Pond" means a small, still, land -based body of water formed by pooling
inside a depression, either naturally or artificially.
xiii. "Putting Green" means a small area of short grass or turf on which people
can hit golf balls into a series of holes for entertainment or for practice.
xiv. "Sports Court" means a court or hardscape area designed for athletic or
recreational purposes (e.g., such as a full or half basketball court, tennis
court, or pickleball court, etc.) surrounded by fencing or on a standalone
pad. A half basketball court counts as one sports court.
xv. "Utility Distribution Facility" means a structure or facility used to deliver
utilities from their source to consumers. These facilities can include without
limitation pipelines, wires, a lift station and/or other equipment.
3. Uses.
a) The following uses are permitted by right within the East Tract:
1.
Model home;
2.
Private Street Development;
3.
Single -Family Dwelling, Detached;
4.
Accessory Building;
5.
Homebuilder Marketing Center;
6.
Home Occupation;
7.
Household Care Facility;
8.
Municipal Uses Operated by the Town of Prosper;
9.
Park or Playground;
10.
Private Recreation Center;
11.
School, Public;
12.
Antenna and/or Antenna Support Structure, Non -Commercial;
13.
Private Utility, Other Than Listed;
14.
Wireless Communications and Support Structures less than 15 feet
in height; and
15.
Child Care Center, Home.
ii. Incidental
Uses — including, but not limited to Amenity Centers,
Community Pools, Gazebos, Pavilions, Sports Courts, Putting Greens,
frisbee or disc golf course, and Ponds.
b) The following uses are permitted by Specific Use Permit (SUP) within the East
Tract:
i. Child Care Center, Licensed.
ii. Wireless Communications and Support Structures 15 feet or greater in
height.
iii. Utility Distribution Facility.
' Use is permitted subject to compliance with conditional development standards or limitations in the corresponding
numeric end note in Article 3, Division 1, Permitted Uses and Definitions, Section 3.1.4, Conditional Development
Standards of the Zoning Ordinance.
DEVELOPMENT REGULATIONS — Page 4
c) The following uses are permitted by right within the West Tract:
1.
Model home;
2.
Accessory Building;
3.
Homebuilder Marketing Center;
4.
Home Occupation;
5.
Household Care Facility;
6.
Municipal Uses Operated by the Town of Prosper;
7.
Park or Playground;
8.
Private Recreation Center;
9.
Antenna and/or Antenna Support Structure, Non -Commercial;
10.
Private Utility, Other Than Listed;
11.
Wireless Communications and Support Structures less than 15 feet
in height;
12.
Single Family Dwelling, Detached Active Adult Community.
"Active Adult Community" shall mean Single Family Dwelling,
Detached that shall be marketed and/or designed as a planned
community primarily for residents who have retired from an active
working life. A residential development that contains the West Tract
Required Amenities will be considered a community designed
primarily for residents who have retired from an active working life.
Homeownership and/or occupancy on all or a portion of the lots
within the West Tract shall be limited to certain qualified ages, and
shall include without limitation Single Family Dwelling, Detached
age restricted to residents 55 years of age and older. By way of
example and not limitation, this use shall include an age qualified
community that restricts all lots to certain qualified ages, or may
restrict a certain percentage of the lots to one or more qualified
age(s). Any restrictions limiting the age(s) of any resident(s) (and
any exceptions to such limitations) shall be contained within private
Covenants, Conditions and Restrictions for the West Tract as this
PD Ordinance does not provide any such regulations, just an
allowance for an age qualified community to be developed.
13.
Private Street Development is allowed by right.2
14. Incidental Uses — including, but not limited to Amenity Centers,
Community Pools, Recreation Centers, food trucks, Gazebos,
Pavilions, Sports Courts, Putting Greens, frisbee or disc golf
course, and Ponds.
(a) An Amenity Center may include but is not limited to the
following uses:
2 Private Street Development is allowed by right within the West Tract pursuant to this PD and is excluded from the
requirement for a Specific Use Permit in the Zoning Ordinance.
DEVELOPMENT REGULATIONS — Page 5
(i) Office, business center or co -working space, a cafd,
a kitchen and/or catering kitchen, clubroom, fitness
center, conference rooms, locker room or changing
room with or without shower facilities, lounge,
storage areas, restroom facilities, social gathering
areas.
(ii) Storage of equipment (such as but not limited to
physical therapy, medical equipment, and pool
equipment).
(iii) Administrative, Medical, or Professional Office is
allowed as an accessory use as part of an Amenity
Center in a Single Family Dwelling, Detached
Active Adult Community.
(b) Examples of food trucks (an allowed incidental use within
the West Tract) are included with the Inspirational Images
attached as Exhibit H. Food trucks or food truck stations
are not required to exactly match the images or design
included with Exhibit H, rather Exhibit H provides some
examples of what this use may look like.
d) The following uses are permitted by Specific Use Permit (SUP) within the West
Tract:
i. Wireless Communications and Support Structures 15 feet or greater in
height.
ii. Utility Distribution Facility.
4. Maximum Overall Density.
a) Maximum Permitted Density for the entire property (including both the East Tract
and the West Tract): 775 dwelling units, which may be a mix of the lot types defined
herein. There is no minimum number of dwelling units per acre. Notwithstanding
the proposed locations of lots and lot types as shown on the Concept Plan, the
developer may change the location of lots and/or lot types and relocate lots/ lot
types and such amendments to the Concept Plan will be approved by the
Development Services Director so long as: (i) the total number of dwelling units
located on the property is not more than 775 dwelling units, and (ii) the Concept
Plan otherwise complies with the requirements herein.
5. Development Regulations for the East Tract.
a) '[ pe A Lots: "Type A Lots" shall be considered any lots within the East Tract with
a lot width of 80' or greater. Except as otherwise provided herein, Type A Lots
shall comply with the requirements and regulations for the Single Family-12.5
District of the Town's Zoning Ordinance, subject to the following changes:
DEVELOPMENT REGULATIONS — Page 6
Minimum Enclosed Parking (Garage) Area: 600 square feet.
b) Iyne B Lots: "Type B Lots" shall be considered any lots within the East Tract with
a lot width of less than 80'. Except as otherwise provided herein, Type B Lots shall
comply with the requirements and regulations for the Single Family-10 District of
the Town's Zoning Ordinance, subject to the following changes:
i. Minimum Lot Width: 75 feet.
ii. Minimum Enclosed Parking (Garage) Area: 600 square feet.
c) At least 100 lots within the East Tract will be Type A Lots. The maximum number
of dwelling units within the East Tract is 275.
d) At least ten percent (10%) of all lots within the East Tract (calculated based on the
aggregate of all lots within the East Tract within all phases rather than on a phase
by phase basis) will have a lot area of at least 20,000 square feet.
e) Please see Table 1 below for a summary of the development standards for the East
Tract. In the event of a conflict between Table 1 and the text in Section 5(a)-(d)
above, the text in Section 5(a)-(d) above shall control.
Table 1
SF-12.5 Base
Type A Lots
SF-10 Base
Type B Lots
District
District
Min. or Max. #
n/a
At least 100
n/a
n/a
of lot type (if
within the East
applicable)
Tract
Minimum
30 feet
30 feet
25 feet
25 feet
Front Yard
Minimum Side
Eight feet; 15 feet
Eight feet; 15 feet
Eight feet; 15 feet
Eight feet; 15 feet
Yard
on corner adjacent
on corner adjacent
on corner adjacent
on corner adjacent
to side street.
to side street.
to side street.
to side street.
Minimum Rear
25 feet
25 feet
25 feet
25 feet
Yard
Minimum Lot
12,500 square feet
12,500 square feet
10,000 square feet
10,000 square feet
Area
Minimum Lot
80 feet
80 feet
80 feet
75 feet
Width
Minimum Lot
135 feet
135 feet
125 feet
125 feet
Depth
Minimum
1,800 square feet
1,800 square feet
1,800 square feet
1,800 square feet
Dwelling Area
DEVELOPMENT REGULATIONS — Page 7
Minimum
400 square feet
600 square feet
400 square feet
600 square feet
Enclosed
Parking
(Garage) Area
Maximum
Two and a half
Two and a half
Two and a half
Two and a half
Height
stories, no greater
stories, no greater
stories, no greater
stories, no greater
than 40 feet.
than 40 feet.
than 40 feet.
than 40 feet.
Maximum Lot
45 percent
45 percent
45 percent
45 percent
Coverage
6. Development Regulations for the West Tract
a) Except as otherwise provided herein, Type C Lots, Type D Lots and Type E Lots
(as defined herein) shall comply with the requirements and regulations for the
Single Family-10 District of the Town's Zoning Ordinance.
b) Tyne C Lots: "Type C Lots" shall be considered any lots within the West Tract with
a lot width of 75 feet or greater. Type C Lots shall be developed to the standards in
Table 2 for Type C Lots.
c) Type D Lots: "Type D Lots" shall be considered any lots within the West Tract
with a lot width of at least 65 feet, but less than 75 feet. Type D Lots shall be
developed to the standards in Table 2 for Type D Lots.
d) Type E Lots: "Type E Lots" shal l be considered any lots within the West Tract with
a lot width of at least 60 feet, but less than 65 feet. Type E Lots shall be developed
to the standards in Table 2 for Type E Lots.
Table 2
SF-10 Base
Type C Lots
Type D Lots
Type E Lots
District
Min. or Max. # of
n/a
At least 100
n/a
A maximum of
lot type (if
within the West
175 within the
applicable)
Tract
West Tract
Minimum Front
25 feet
25 feet
25 feet
25 feet
Yard
Minimum Side
Eight feet; 15 feet
Eight feet; 15 feet
Eight feet; 15 feet
Eight feet; 15 feet
Yard
on corner adjacent
on corner adjacent
on corner adjacent
on corner adjacent
to side street.
to side street.
to side street.
to side street.
Minimum Rear
25 feet
25 feet
25 feet
25 feet
Yard
Minimum Lot
10,000 square feet
10,000 square feet
8,800 square feet
7,500 square feet
Area
Minimum Lot
80 feet
75 feet
65 feet
60 feet
Width
DEVELOPMENT REGULATIONS — Page 8
Minimum Lot
125 feet
125 feet
125 feet
125 feet
Depth
2,000 square feet
Minimum
1,800 square feet
1,800 square feet
1,800 square feet
Dwelling Area
Minimum
400 square feet
400 square feet
400 square feet
400 square feet
Enclosed Parking
Gara a Area
Maximum
Two and a half
Two and a half
Two and a half
Two and a half
Height
stories, no greater
stories, no greater
stories, no greater
stories, no greater
than 40 feet.
than 40 feet.
than 40 feet.
than 40 feet.
Maximum Lot
45 percent
45 percent
45 percent
45 percent
Coverage
e) No more than 175 lots within the West Tract may be Type E Lots. At least 100 of
the lots within the West Tract are required to be Type C Lots. The maximum
number of dwelling units within the West Tract is 500.
f) Article 4, Division 9, Section 4.9.3.F. of the Zoning Ordinance regarding staggered
front yard setbacks does not apply. No staggered front yard setback is required;
however, lot types (i.e., Type C, Type D and Type E) will be inter -mixed on each
street on a block, so that each street has at least two lot types. Inter -mixing of lot
types will result in a staggering of different home product types rather than
staggering the setbacks to create visual interest on a street or block. Lot types will
be mixed so that one side of a street is not identical (e.g., does not mirror) the
opposite side of the street. For example, if one side of the street consists of ten (10)
Type C Lots and ten (10) Type D Lots, then the opposite side of the street must
have either a different number of Type C and Type D Lots or should include Type
E Lots so that one side of the street does not exactly match the opposite side of the
street. By way of clarification, the requirement to inter -mix lot types on a block or
street does not prevent two of the same lot type being adjacent to each other on a
street; rather the requirement is that more than one lot type will be provided on a
block or street. Examples of how lot types may be inter -mixed is shown on Exhibit
D and Exhibit D-1 attached. Streets/ blocks are not required to conform exactly to
Exhibit D and/or Exhibit D-1; rather, Exhibit D and Exhibit D-1 are meant to
show a graphic depiction of how lot types may be inter -mixed along a street or
block.
g) A Single Family Dwelling, Detached Active Adult Community shall be gated and
separated from the surrounding communities along the perimeter subject to Section
7(d) herein, Screening and Fencing.
h) Internal to a Single Family Dwelling, Detached Active Adult Community there
shall be connectivity throughout with access points to surrounding neighborhoods
or trails.
i) Private Street Development.
i. The proposed streets shall be privately owned, maintained, and regulated by
the applicable homeowners' association. Storm drainage for private streets
shall also be maintained by the applicable homeowners' association.
DEVELOPMENT REGULATIONS — Page 9
ii. The property owner or developer will dedicate water and sewer easements
to the Town within or adjacent to the streets in order for the development to
be connected to the Town water and sewer systems.
iii. Otherwise, private streets shall be constructed in accordance with the
requirements for private streets and gated subdivisions contained in Section
10.03.134 of Chapter 10, Article 3, Division 6 of the Code of Ordinances,
Town of Prosper, Texas.
7. General Development Regulations
a) Architectural Regulations:
i. Dwelling units shall be in general conformance with one of the home styles
shown in the renderings included with Exhibit F, with regard to design.
Materials shall be governed by subsection (a)(ii) below. Otherwise stated,
building materials are not required to match what is shown on Exhibit F;
rather, building material(s), including without limitation color palettes or
types of materials may consist of any of the materials allowed in subsection
(a)(ii) herein, subject to the requirements in that section. The property owner
or developer shall submit building elevations with the application for a
building permit. The Town will approve the building elevations if they
substantially conform to the requirements of this subsection (a)(i) and
subsection (a)(ii) below. The architectural styles depicted on Exhibit F are
an example of the different styles that homes must be in general
conformance with (e.g., each separate home will be in general conformance
with one of the styles shown). Building elevations are not required to
exactly match or be the same color palette as what is shown on Exhibit F
so long as they are in general conformance with one of the styles on Exhibit
F. The applicant may submit alternate/different elevations that do not
comply with the requirements of this subsection (a) (e.g., are a different
style/design than Exhibit F or deviate from subsection (a)(ii)) and such
alternate elevations may be approved by the Development Services
Director, except that any elevations that differ by more than ten percent
(10%) from the percentages required pursuant to subsection (a)(ii) herein
will require review by the Planning & Zoning Commission and approval by
the Town Council.
ii. The exterior facades of a main building or structure, excluding windows,
doors and area above the roof line shall comply with the following
requirements:
1. The exterior facades shall be constructed of 100 percent (100%)
masonry, unless otherwise specified herein.
2. Cementitious fiber board is considered masonry, but may only
constitute:
DEVELOPMENT REGULATIONS —Page 10
(a) For the side and rear facades of any home: Up to twenty
percent (20%) of stories other than the first story on the
side and rear facades of a residential home (e.g., eaves,
soffits, and rear gables above the first floor).
3. Unless an alternate material is approved by the Development
Services Director, any portion of an upper story, excluding
windows, architectural features or area above the roof line, that
faces Parvin Road or Frontier Parkway shall be 100 percent
(100%) masonry and shall not be comprised of cementitious fiber
board except for eaves, soffits, and rear gables (which may be
comprised of cementitious fiber board).
4. Unless an alternate material is approved by the Development
Services Director, any portion of an upper story, excluding
windows, architectural features or area above the roof line, that
faces and fronts on public or private open space, public or private
parks, or the Hike and Bike Trail, shall be 100 percent masonry
and may be comprised of cementitious fiber board subject to the
limitations in Section 7(a)(ii)(2) above.
5. Unless an alternate material is approved by the Development
Services Director, the exterior cladding of chimneys shall be brick,
natural or manufactured stone, or three coat stucco.
6. Notwithstanding any limitation above, cementitious fiber board
may be used for architectural features, including window box -outs,
gables, bay windows, roof dormers, garage door headers, columns,
exposed sidewalls/gable ends above lower roofs, exposed rafter
tails, or other architectural features approved by the Development
Services Director.
7. Masonry Construction means clay fired brick, natural and
manufactured stone, granite, marble, three -coat stucco, and
cementitious fiber board (subject to the limitations in this section)
as exterior construction materials for all residential structures.
Three -coat stucco means stucco applied using a three -step process
over diamond metal lath mesh to a minimum of seven -eighths of
an inch thickness or by other process producing comparable
cement stucco finish with equal or greater strength and durability
specifications.
iii. An applicant may appeal any denial by the Development Services Director
to a request for approval of an alternate material (as noted above) to the
Town's Planning & Zoning Commission and may appeal the Planning &
Zoning Commission's decision to the Town Council.
DEVELOPMENT REGULATIONS — Page I 1
iv. The primary massing of the roof on the main residential building shall have
a minimum slope of 6:12. Accessory roof structures (including, but not
limited to garages) and architectural features shall have a minimum slope
of 1.25:12.
V. Roof material shall be standing seam copper, metal roof or standing seam
metal, natural slate shingles, imitation slate shingles, cementitious tile, or
composition 30-year laminated shingles or other approved roof materials.
"Other approved roof materials" mean roof materials other than listed
herein that are approved by the Development Services Director. By way of
clarification, roofing or roof materials are not required to match what is
shown on Exhibit F hereto; rather, roof material may consist of any of the
materials listed in this subsection.
vi. The requirements in this section shall apply in lieu of any exterior
construction, building materials or design requirements in the Town's
Zoning Ordinance and shall be the exclusive exterior construction, building
materials, and design requirements that apply to the development of the
property.
b) All homes shall have a covered porch, stoop, or portico at the main front entry into
the home.
c) Driveway Pavement Enhancements:
i. All driveways for single-family homes will be broom finished concrete; salt
finish concrete; stained -patterned concrete; or brick, stone or inter -locking
pavers.
d) Screening and fencing.
i. Screening and fencing may be provided generally as shown on the
Landscape, Open Space and Trail Plan.
ii. The area labeled as "Minimum 50% Open Fencing" along portions of
Parvin Road and Frontier Parkway on the Landscape, Open Space and Trail
Plan (the "Perimeter Fence") will be constructed with at least fifty (50%)
ornamental metal or tubular steel, with masonry columns and will be a
minimum height of six feet and a maximum height of eight feet (except for
columns which may be up to nine feet). The Perimeter Fence may include
masonry materials so long as less than 50% of the total fence is masonry.
The following requirements apply for the Perimeter Fence:
1. Masonry columns shall be spaced between 75 feet and 100 feet.
2. The maximum height of the masonry columns, including
capstones, shall be nine feet.
3. The minimum height of required walls and fences shall be
measured from the nearest alley edge, the property line (where no
alley exists) or sidewalk grade, whichever is higher, and shall be
constructed in accordance with town design standards.
DEVELOPMENT REGULATIONS — Page 12
4. The ornamental metal fence shall be constructed of solid -stock
materials and tubular steel with a minimum of 16 gauge pickets
and 11 gauge posts.
iii. Except as provided in subsection (iv) below or where shown as a different
material on the Landscape, Open Space and Trail Plan, the street side yard
of corner lots adjacent to a street shall provide ornamental metal or tubular
steel fencing on the street side yard of such lots, not to exceed six feet (6')
in height. For clarification, masonry walls/fencing shall be allowed on the
street side yards of corner lots where shown on the Landscape, Open Space
and Trail Plan.
iv. Corner lots adjacent to an entryway of the subdivision may consist of
masonry fencing, not to exceed six feet (6') in height.
V. Except where shown as a different material on the Landscape, Open Space
and Trail Plan, all fence returns shall consist of ornamental metal or tubular
steel fencing, not to exceed six feet (6') in height.
vi. All permanent equipment seen from the street (e.g., HVAC, pool
equipment) shall be screened by shrubs or plants.
e) Trees on Corner Lots.
i. A minimum of one tree from the large tree list in Section 4.2.7 of the Zoning
Ordinance shall be planted in the side yard area adjacent to the street on a
corner lot. When more than two trees are required per lot, the corner lot,
side yard tree may count toward the requirement. Street trees (trees located
in the parkway area between the curb and the sidewalk) adjacent to the side
yard of a corner lot may count toward the requirement.
f) Enhanced Setback Adjacent to Thoroughfare.
i. A 35-foot setback is required along Frontier Parkway and Parvin Road in
the location generally shown on the Concept Plan. The required 35-foot
setback will be inclusive of a landscape easement or buffer that shall include
plantings and shall be maintained by the Homeowners' Association (HOA).
g) Homeowners' Association (HOA) Documents.
i. Homeowners' Association governing documents shall conform to the
requirements of this Section 7 (General Development Regulations) and will
be reviewed by the Development Services Director to confirm such
conformance. The Development Services Director will approve the
Homeowners' Association governing documents if the documents conform
to the requirements of this Section 7.
8. Open Space and Amenities
a) East Tract Open Space: Open space shall be provided generally in the areas shown
as "open space" on the Landscape, Open Space and Trail Plan. The open space
within the East Tract is not required to conform exactly to the boundaries as shown
on the Landscape, Open Space and Trail Plan, so long as at least 30 acres of open
space is provided within the East Tract (such minimum open space acreage refers
DEVELOPMENT REGULATIONS — Page 13
to open space within the aggregate, including all phases and all open space areas
within the East Tract — the open space is not required to be contiguous).
b) West Tract Open Space: Open space shall be provided generally in the areas shown
as "open space" on the Landscape, Open Space and Trail Plan. The open space
within the West Tract is not required to conform exactly to the boundaries as shown
on the Landscape, Open Space and Trail Plan, so long as at least 20 acres of open
space is provided within the West Tract (such minimum open space acreage refers
to open space within the aggregate, including all phases and all open space areas
within the West Tract — the open space is not required to be contiguous).
c) Detention and retention may be provided in open space areas.
d) Open space areas may include area within the floodplain or special flood hazard
area.
e) In order for an open space area to be counted towards the minimum 30 acre
requirement for the East Tract (referenced above) and the minimum 20 acre
requirement for the West Tract (referenced above), a given open space area must
be (1) at least 10,000 square feet in size; and (2) have a minimum width of at least
40 feet.
f) The following amenities are required to be installed within the East Tract and may
be installed in open space areas or common areas ("East Tract Required
Amenities"):
i. A resident amenity area that includes a swimming pool, shade structure(s)
totaling a minimum of 300 square feet, seating areas or a pool deck, and
restroom facilities (the "East Amenity Area").
ii. At least one pocket park with a covered and/or shaded playground having a
minimum of 40' x 29' use zone.
iii. At least three (3) of the following:
1.
Sports court;
2.
Fishing pier;
3.
Event lawn;
4.
Game lawn;
5.
Fire Pit Amenity;
6.
Outdoor Grilling Station;
7. Putting Green; or
8. Pavilion.
g) The following amenities are required to be installed within the West Tract and may
be installed in open space areas or common areas ("West Tract Required
Amenities", and together with the East Tract Required Amenities, the "Required
Amenities"):
i. An Amenity Center or clubhouse including at a minimum a resident lounge
area or social area, fitness center, and restrooms (the "West Amenity
Center").
ii. A swimming pool with shade structure(s) totaling a minimum of 300 square
feet and seating areas or a pool deck.
iii. At least one (1) of the following amenities (along with the amenities in
subsection (iv) below, the "Elective West Tract Amenities"):
1. Bocce ball court;
DEVELOPMENT REGULATIONS — Page 14
2. Sports Court; or
3. Shuffleboard court or table.
iv. At least two (2) of the following amenities (along with the amenities in
subsection (iii) above, the "Elective West Tract Amenities"):
1. Pavilion with Outdoor Grilling Station;
2. Fire Pit Amenity;
3. Putting Green;
4. Outdoor Spa;
5. Game Lawn; or
6. Event Lawn.
h) An example of representative photographs of the Elective West Tract Amenities is
included with Exhibit H ("Inspirational Images"). For the avoidance of doubt, the
design of the amenities is conceptual in nature and the developer or property owner
shall not be held to the design of an amenity as shown on Exhibit H. The
Inspirational Images are meant to illustrate the types of amenities that will be
provided, but the developer or property owner may use a different supplier, design
and/or model for the amenities or improvements. Otherwise stated, the developer
may make changes to the design and specifications of the Elective West Tract
Amenities shown on Exhibit H so long as at least three (3) of the Elective West
Tract Amenities are provided within the West Tract (one selected from subsection
(g)(iii) above and two selected from subsection (g)(iv) above).
i) The location of any one or more of the Required Amenities may change during the
final design process from what is shown on any exhibits attached hereto. Additional
amenities may be provided in addition to the Required Amenities.
j) The Required Amenities may be completed in phases (corresponding with the
respective phases of development as determined by the developer). The East
Amenity Area shall be complete prior to issuance of a certificate of occupancy for
the 138th single-family home within the East Tract. The West Amenity Center shall
be complete prior to issuance of a certificate of occupancy for the 2001h single-
family home within the West Tract. The remaining Required Amenities shall be
completed prior to the issuance of the last certificate of occupancy in the phase in
which the respective amenity is located within. Completion of the Required
Amenities, or any one of them shall not be a condition to issuance of building
permits or approval of plats or construction plans.
k) The open space, amenities and trails requirements in this section and Section 9
below shall be the exclusive open space, amenities and trails requirements that
apply to the development of the property.
9. Trails and Sidewalks
a) A Hike and Bike Trail shall be provided generally as shown in yellow and labeled
as the "Public Trail" on the Landscape, Open Space and Trail Plan. By way of
clarification, the Hike and Bike Trail referenced herein does not include any of the
trails shown as "Public Trail Installed by Others" on the Landscape, Open Space
and Trail Plan. The Hike and Bike Trail shall be located within a twenty -foot (20')
DEVELOPMENT REGULATIONS — Page 15
public trail easement or pedestrian access easement and may overlap with other
Town easements as approved by the Town's Engineering Department. A dog waste
station, bench, and trash receptacle will be provided at least every 500 feet along
the Hike and Bike Trail. The Hike and Bike Trail is flexible and not strictly bound
to the locations shown on the Landscape, Open Space and Trail Plan. The Hike and
Bike Trail may shift or otherwise be modified with the final engineering design so
long as the trail complies with the requirements herein. The Hike and Bike Trail
may be completed in phases and is required to be completed (and a public easement
for such portion(s) of the trail dedicated) prior to the issuance of the last certificate
of occupancy in the phase in which the respective portion(s) of the Hike and Bike
Trail are located within or adjacent to. The developer or property owner may
designate the phases of the development.
b) Private trails are not required to be within a dedicated easement and may overlap
with other Town easements.
c) The developer or property owner may (1) provide one or more of the following
along or at the entrance to private trails: trail heads, trail way stations, overlooks,
butterfly gardens and/or other types of trail enhancements; and (2) reserve or
restrict the use of such areas for residents, each in its discretion. Examples of these
types of trail enhancements are included on the pages titled "Walking/ Fitness
Trails" and "Nature Overlooks & Butterfly Gardens" in Exhibit H. For the
avoidance of doubt, the design of any trail heads, trail way stations, overlooks or
other trail enhancements is conceptual in nature and the developer or property
owner shall not be held to the designs or types of such items as shown on Exhibit
H. The Inspirational Images are meant to illustrate the types of trail enhancements
that may be provided, but the developer or property owner may use a different
design or type of enhancement or improvement(s).
d) Except as provided herein, sidewalks shall be a minimum of five feet (5') in width.
Sidewalks along Parvin Road and Frontier Parkway shall be a minimum of ten feet
(10') in width.
10. Miscellaneous
a) Building permits for model homes may be issued prior to the final acceptance of
the proposed subdivision (or any portion thereof) or any public infrastructure for
the subdivision, subject to the Town's Early Model Home Permit Policy; provided
that two homes per lot type (i.e., two each of Lot Type A, Lot Type B, Lot Type C,
Lot Type D and Lot Type E) may be permitted for model home purposes and such
permits shall not be limited to two homes per builder.
b) Permits and a certificate of occupancy for a Sales Trailer may be issued prior to
final acceptance of the proposed subdivision (or any portion thereof) or any public
infrastructure for the subdivision; provided that all streets adjacent to the Sales
Trailer have been completed and the water system and fire hydrants related thereto
have been completed and are functional. "Sales Trailer" means a mobile structure
used to accommodate temporary offices for the purposes of meeting with the
general public during construction projects.
c) Plans for design and construction of any amenities, including without limitation
any of the Required Amenities may be submitted and reviewed/approved by the
DEVELOPMENT REGULATIONS — Page 16
Town while public infrastructure for the subdivision is being constructed (i.e., such
plans may be submitted and approved prior to acceptance of public infrastructure
or recording of a final plat). If such plans are submitted, once submitted, the City
will review and approve such plans within 45 days of submittal. Once any amenity
plans are approved and sufficient roads and water facilities have been provided
within the subdivision to provide fire access and fire fighting capability to the area
where the applicable amenity or amenities will be constructed, the Town will issue
a permit that will allow the applicant to begin construction of any such amenities
(i.e., construction of such amenities may begin prior to acceptance of all public
infrastructure for the subdivision or recording of a final plat).
DEVELOPMENT REGULATIONS — Page 17
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Exhibit E: Development Schedule
ZONE-24-0022
Prosper Oaks
Develooment Schedule
It is anticipated the development of Prosper Oaks will begin within one to two years after approval and
signing of this Planned Development zoning ordinance. Immediately following the zoning process, a
preliminary plat and development agreement shall be prepared and submitted for Town review and
approval. Overall, the development schedule for the approximate 373.5 acres will be phased over the next
five to eight years and is primarily dependent on the marketability of the market rate and age qualified
products.
The development schedule is subject to change due to various factors beyond the control of the developer,
such as housing market conditions, construction materials and labor availability, acts of nature, and other
similar conditions.
TUDOR
HIGH PLAINS
Exhibit F—Architectural Styles ZONE-24-0022
TRANSITIONAL
MODERN FARMHOUSE
CLASSIC
CHATEAU
MEDITERRANEAN HILL COUNTRY
Exhibit F— Architectural Styles (ZONE-24-0022)
SPANISH
Exhibit_F—_Arch itecturaI Styles (ZONE-24-0022
TRADITIONAL
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Pavilions
Exhibit H — Inspirational Images (ZONE-24-0022)
Event Lawn
Exhibit H — Inspirational Images (ZONE-24.0022)
Game Lawn
Exhibit H — Inspirational Images(ZONE-24-0022)
Fire Pit Amenity
Exhibit H — Inspirational Images ZONE-24-0022
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Putting Green
Exhibit H - Inspirational Images (ZONE-24-0022)
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Outdoor Spa
Exhibit H — Inspirational Images ZONE-24-0022
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Shuffleboard
Exhibit H — Inspirational Imo es ZONE-24-0022
Walking i Fitness Trails
Exhibit H — Inspirational Images (ZONE-24-0022)
Nature Overlooks & Butterfly Gardens
Exhibit H — Inspirational Images ZONE-24-0022
Food Truck Stations
Exhibit H — Inspirational Images (ZONE-24-0022)