2026-18 O - Rezone 49.9 Acres AG to PD-135 SF Prosper Trl & Legacy_McCasland TractTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2026-18
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 49.9 ACRES MORE OR LESS SITUATED IN THE
JOHN M. MCKIM SURVEY, ABSTRACT 889, AND THE J. DURRETT SURVEY,
ABSTRACT 350, TOWN OF PROSPER, DENTON COUNTY TEXAS, BEING
ALL OF A TRACT CONVEYED TO GEORGE L. MCCASLAND, BY DEED
RECORDED IN DOCUMENT NUMBER 2022-128993 OF THE OFFICIAL
PUBLIC RECORDS OF DENTON COUNTY, TEXAS, IN THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS FROM AGRICULTURAL (A) TO
PLANNED DEVELOPMENT-135 (PD-135), 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-
25-0006) from George L. McCasland ("Applicant"), to rezone 49.9 acres of land, more or less,
situated in the J. Durrett Survey, Abstract 350, Tracts 2 & 2A, and John M. McKim Survey,
Abstract 889, Tract 4, 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 49.9 acres of land,
more or less, situated in the J. Durrett Survey, Abstract 350, Tracts 2 & 2A, and John M. McKim
Survey, Abstract 889, Tract 4, in the Town of Prosper, Denton County, Texas, and all streets,
roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned
Development-135 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 Development
Schedule, attached hereto as Exhibit E; (4) the Conceptual Elevations, attached hereto as Exhibit
F; and (5) the Landscape Plan, attached hereto as Exhibit G, 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.
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
Case No. ZONE-25-0006 Ordinance No. 2026-18, Page 2
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/Repealing sq /Repea_ling 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 AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THE 24TH DAY OF MARCH, 2026.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. elch, Town Attorney
Case No. ZONE-25-0006 Ordinance No. 2026-18, Page 3
Exhibit A-1
Zone-25-0006
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the John M. McKim Survey, Abstract No. 889 and the J. Durrett Survey, Abstract
No. 350, Town of Prosper, Denton County, Texas, being all of a tract conveyed to George L. McCasland, by
deed recorded in Document Number 2022-128993 of the Official Public Records of Denton County, Texas
(OPRDCT), with the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod found in the south line of Parvin Road, a variable width right-of-way, at the
northeast corner of a tract of land conveyed to Prosper Meadows, LP, by deed recorded in Document Number
2019-65177 (OPRDCT);
THENCE N 89°08'40" E, along said south line of Parvin Road, at a distance of 576.76 feet passing a 5/8" iron
rod found, continuing in all a total distance of 775.24 feet, to a PK Nail set in asphalt at the northwest corner of
a tract of land conveyed to Legacyparvin26, LLC, by deed recorded in Document Number 2021-63248
(OPRDCT);
THENCE S 00045'36" W, 1,238.32 feet, departing said south line of Parvin Road, with the west line of said
Legacyparvin26, LLC tract, to a 5/8" iron rod found at the southwest corner of said Legacyparvin26, LLC tract
and the northwest corner of a tract of land conveyed to Vingrids Capital LLC, by deed recorded in Document
Number 2017-89464 (OPRDCT);
THENCE S 00°35'32" W, 574.42 feet, with the west line of said Vingrids Capital LLC tract, to a point for corner;
THENCE S 00002'56" W, 69.42 feet, continuing with said west line of said Vingrids Capital LLC tract, to a 1/2"
iron rod found at the southwest corner of said Vingrids Capital LLC tract and the northwest corner of a tract of
land conveyed to Legacy Storage Center, LLC, by deed recorded in Document Number 2007-139928
(OPRDCT);
THENCE S 00051'49" W, at a distance of 284.96 feet passing a 1/2" iron rod found at the southwest corner of
said Legacy Storage Center, LLC, continuing in all a total distance of 397.40 feet, to a point for corner in the
west line of a tract of land conveyed to 1185 Legacy, LLC, by deed recorded in Document Number 2021-121368
(OPRDCT);
THENCE S 00°37'06" W, 229.75 feet, with said west line of 1185 Legacy, LLC tract, to a 1/2" iron rod found at
the southwest corner of said 1185 Legacy, LLC tract and the northwest corner of a tract of land conveyed to
Prosper Fellowship Church, by deed recorded in Document Number 2022-27503 (OPRDCT);
THENCE S 00034'49" W, 309.66 feet, to a point for corner in Prosper Road, a variable width right-of-way;
THENCE S 89025'57" W, 772.26 feet, with said Prosper Road, to a 1/2" iron rod with plastic cap stamped
"SPIARSENG" set in the apparent centerline of said Prosper Road;
THENCE N 00037'58" E, at a distance of 45.74 feet, passing a 5/8" capped iron rod found at the northeast corner
of a tract of land conveyed to the Town of Prosper, by Right -of -Way deed recorded in Document Number 2023-
98156 (OPRDCT) and the southeast corner of said Prosper Meadows, LP tract, continuing in all a total distance
of 2,815.00 feet, to the POINT OF BEGINNING with the subject tract containing 2,177,145 square feet or 49.98
acres of land.
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ZONE-25-0006
-EXHIBIT B-
Letter of Intent
This planned development district is located between W Prosper Trail and Parvin Road. The area to
the south of W Prosper Trail is being developed into single-family homes while the areas to the west
and north of this tract are undeveloped. To the east there is a storage center and is planned for
medium density residential and retail.
These single-family lots will be at 2.49 units per acre with a proposed 96 single-family units on a
gross 49.98 acres and residential use net 38.5 acres. Lots will be front entry along curvilinear
streets. The proposed landscaping and amenities are included in this submittal and show how
intentional landscaping and amenity design will create a desirable community and trail system
connection.
Regards,
SPIARS Engineering
Tristan R. Poore, P.E.
ZONE 25-0006
-EXHIBIT C-
Planned Development Standards
The proposed development will conform to the development standards of the Town of
Prosper's Zoning Ordinance and Subdivision Ordinance, as they exist or may be amended,
except as otherwise set forth in these Development Standards.
1. Except as noted below, the Tract shall develop in accordance with the Single Family
-12.5 District requirements of the Town of Prosper's Zoning Ordinance, as it exists
or may be amended.
2. DeveLopmentMans
a. Concept Plan: The tract shall be developed in general accordance with the
attached concept plan, set forth in Exhibits D.
b. Elevations: The tract shall be developed in general accordance with the
attached elevations, set forth in Exhibits F.
3. Uses: The following uses shall be permitted:
a. Model Home
b. Single Family Dwelling, Detached
c. Accessory Building
d. Park or Playground
e. Private Recreation Center
f. Private Utility, Other Than Listed
4. Regulai-ons: Regulations shall be permitted in accordance with the Single Family-
12.5 District and as specified below:
a. Development. Standards:
DEVELOPMENT STANDARDS -
SINGLE FAMILY-12.5
PROSPER STANDARDS
PROPOSED PD
STANDARDS
MAX DENSITY
_
2.5 UPA
2.5 UPA
MIN FRONT YARD SETBACK
30'
30'
MIN SIDE YARD SETBACKS
8'
8'
ADJACENT TO SIDE STREET
15'
15'
MIN REAR YARD SETBACK
25'
25'
MIN LOT DEPTH
125'
150'
MIN LOT WIDTH
80'
76'
MIN LOT AREA
12,500 SQFT
12,500 SQFT
MAXIMUM HEIGHT
2.5 STORIES, < 40'
2.5 STORIES, < 40'
LOT COVERAGE
45 PERCENT
45 PERCENT
MIN ENCLOSED GARAGE AREA
400 SQFT
400 SQFT
b. Lot Yield: The maximum number of single-family detached units shall be
ninety-six (96), subject to the limits per lot type specified below.
a. 1. i
i. An amenity area for family -oriented activities shall be provided in the
northern central portion of this community as shown in Exhibit D. The
amenity area shall be completed prior to the issuance of certificates
of occupancy of greater than 50% of the homes within this
community. The program for the amenity area shall contain a
minimum of three (3) elements from the following list and must
contain at least one (1) element from numbers 1-4 as approved by the
Director of Development Services:
1. Fitness station
2. Pickleball court
3. Fishing pier
4. Children's playground facility
5. Shade structure with seating
6. Dog park
7. Bike pump/ repair station with shade structure
8. Landscape gathering area
9. Grill & picnic area
ii. Minimum of 10% Usable Open Space Required.
iii. 5' Sidewalks along local street sections and 8' Trails through open
space and natural creek areas.
d. ViskbilityS-m.ridoi-Cmek-VLow
A visibility corridor into the creek shall be provided at the north and
south ends of the open -space system, as generally depicted in Exhibit
D.
e. ArchRectura! and Building Material Standards: Should a discrepancy exist
between the Town Zoning or Subdivision Ordinance and the standards within
this PD, the language herein shall prevail. The architectural and building
material standards for the single-family lots are as follows:
1. Driwwaysi Driveways shall be constructed of the following materials:
brick pavers, stone, interlocking pavers, stamped concrete, or concrete
with stone or brick border.
2. Extarior Su_rfa-ce-$:
a. Masonry is defined as clay fired brick, natural and manufactured
stone, granite, marble, 3 step stucco, and cementitious material
(20% maximum).
b. The exterior facade of amain building or structure, excluding glass
windows and doors, shall comply with the following standards:
The exterior facades shall be constructed of 100 percent
(100%) masonry, unless otherwise specified herein.
2. Cementitious materials may constitute up to fifty percent
(50%) of the area for stories other than the first story
provided it does not exceed 20% for the entire home.
3. Any portion of an upper story, excluding windows, that
faces a street, public or private open space, public or
private parks, or hike and bike trails, shall be a minimum
of eighty percent (80%) masonry and cementitious
material may be used for up to twenty percent (20%)
provided it does not exceed 20% for the entire home.
4. The exterior cladding of chimneys shall be brick, natural
or manufactured stone, or 3 step stucco.
5. Cementitious materials 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.
3. Roofing:
a. Structures shall have a composition, slate, clay tile, standing
seam metal, or cement/concrete tile roof. Wood shingles are
prohibited. All roofs shall be guttered.
b. Metal roofs shall be non -reflective colors
4. Street Network De$igR;
a. Local residential streets incorporate curvilinear street alignments
b. Front Setback Staggering. If curvilinear streets are provided,
standard stagger requirements shall not be required.
c. Block lengths exceeding 1,000 feet shall be permitted as shown on
Exhibit D due to constraints created by the floodplain, required
open -space corridors, and connectivity needs.
5. Garages:
Dwellings shall have a minimum of two (2) car garage bays totaling
a minimum of four hundred feet (400 sf).
b. Side entry garages shall be permitted on corner lots.
c. Garage doors directly facing a street shall be located no closer
than thirty feet (30') from the property line.
6. Pt,at,e.�gftt: Each structure shall have a minimum principal plate height
of nine feet (9') on the first floor.
7. Air Conitioners: No window or wall air conditioning units will be
permitted on structures. All mechanical equipment (pool, air
conditioning, solar collectors, etc.) must be completely screened from
public view. A combination of screens, hedges, or walls should be used to
screen equipment or mechanical areas.
8. Porches: Porches are required for lots facing the creek or open space.
9. An_*!M_o.nD_W_ny: Each house design shall not be the same as its
neighboring and adjacent houses.
f. LLanstr4ping;
Required trees shall not be smaller than four (4) caliper inches. A
minimum of two (4) inch caliper shall be located in the front yard. The
total caliper inches shall be eleven (11) caliper inches per lot.
ii. The minimum of twenty (20) shrubs, each a minimum of three (3)
gallons in size when planted, shall be planted in the front yard of each
lot.
iii. One hundred percent of all fronts, side, and rear yards not covered by
hardscape or landscape beds shall be irrigated and sodded.
iv. All foundations visible from street shall have flower beds or evergreen
shrubs generally screening foundation.
v. Thoroughfare screening trees are to be 4" minimum.
vi. Berming is required on both Parvin Road and Prosper Trail
vii. Underbrush along creek should be cleared for more visibility and
overall tidiness of the creek banks.
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ZONE-25-0006
-EXHIBIT E-
Development Schedule
It is anticipated that the development will begin within 12 months after approval of zoning
ordinance.
Horizontal civil construction is estimated at 12-15 months' completion and the construction of
single-family homes will be completed in one phase.
This 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.
Let us know if you need any additional information.
Regards,
SPIARS Engineering
Tristan R. Poore, P.E.
im7rw6__
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NOTE! All proposed parks, trails, elc within EHS
to slabilim creek bank
Total Sit. Area: 2, 76,682 sqh
Required 10%0penSp.c.:217,6 8 sgII
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