2026-23 O - Rezoning 18.9 Acres from Agricultural (AG) to Planned Development - Denton Way Office ParkTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2026-23
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, TO REZONE A TRACT OF LAND CONSISTING OF 18.9 ACRES MORE
OR LESS SITUATED IN THE J. MORTON SURVEY, ABSTRACT 793, TOWN
OF PROSPER, DENTON COUNTY TEXAS, BEING ALL OF LOT 5, BLOCK A,
MIDDLE SCHOOL #9 ADDITION; 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-
25-0007) from Prosper Denton Commercial LP, to rezone 18.9 acres of land, more or less, J.
Morton Survey, Abstract 793, 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
Findin s 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 18.9 acres of land,
more or less, in the J. Morton Survey, Abstract 793, Town of Prosper, Denton County Texas, and
all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned as Planned
Development-136 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; (5) the Landscape Plan, attached hereto as Exhibit G; (6) the Open Space Plan, 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/Re-peal. 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
Severabilit . 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.
Case No. ZONE-25-0007 Ordinance No. 2026-23, Page 2
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 THE 28TH DAY OF APRIL, 2026.
David F. Bristol, Mayor
ATTEST:
M,I,ja.� �. �- S., e'-A KX-C
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
C
Terrence S. Welch, Town Attorney
Case No. ZONE-25-0007 Ordinance No. 2026-23, Page 3
4xxl
ZONE-25-0007
EXHIBIT AA
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the J. Morton Survey, Abstract No. 793, Town of Prosper, Denton County,
Texas, being all of Lot 5, Block A, Middle School #9 Addition, according to the plat recorded in Document
Number 2023-375, Official Records, Denton County, Texas, (ORDCT), being all of a tract conveyed to Prosper
Denton Commercia, LP, according to the deed recorded in Document Number 20204-138175, ORDCT, and also
being a portion of Denton Way, a Called 60' Right -of -Way, according to the Plat recorded in Document Number
2023-375, with the subject tract being more particularly described as follows:
BEGINNING at a 5/8 inch capped iron rod found for the southeast corner of said Lot 5, and also being the north
east corner of the remainder of a tract conveyed to Corey Graham, according to the deed recorded in Document
Number 2013-130390, ORDCT, and also being in the west line of a tract conveyed to Town of Prosper, according
to the deed recorded in Document Number 2022-69025, ORDCT;
THENCE N 88°19'31" W, passing at 498.59 feet a 1/2" iron rod found on the east line of Denton Way, a 60'
right-of-way, and also being the southwest corner of said Lot 5, continuing on for a total distance of 528.59 feet;
THENCE around a non -tangent curve to the left having a central angle of 04° 10'44", a radius of 514.55 feet, a
chord of N 01 °38'32" E - 37.52 feet, an arc length of 37.53 feet;
THENCE N 00028'39" W, 1492.35 feet;
THENCE S 89048'21" E, passing at 30.00 feet a 1/2" capped iron rod found for the northwest corner of said Lot
5, continuing for a total distance of 539.47 feet to a 5/8" capped iron rod found for the northeast corner of the
subject tract;
THENCE S 00°26'37" E, 1149.20 feet to a 1/2" iron rod found;
THENCE S 02°40'25" W, 244.93 feet to a Brass USACE Monument Found;
THENCE S 07027'30" E, 14.34 feet to a Brass USACE Monument Found;
THENCE S 00023'20" E, 135.38 feet to the POINT OF BEGINNING with the subject tract containing 824,972
square feet or 18.939 acres of land.
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ZONE-25-0007
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
DENTON WAY OFFICE PARK
1. Statement of Intent
A. Overall Intent
The purpose of this project is to develop an office park with a multi -sport
recreation facility.
B. Description of Property
The subject property comprises approximately 18 acres of vacant land along the
eastern side of Denton Way north of Fishtrap Road in Prosper, Texas. It is
bounded by an undeveloped tract to the Town of Prosper on the north and east,
and a vacant lot to the south. Pat Cheek Middle School is located to the west of
the site across Denton Way.
C. Description ol' Proposed Property
The subject property as depicted in Exhibit "D" has been divided into two lots
sized 8.140 and 9.745 acres. One lot contains an indoor sports complex with a
building of approximately 30,000 square feet. The other lot contains 11 office
buildings with area totaling approximately 62,100 square feet.
2. Current Zoning and Land Uses
A. Current Zoning
The subject property is zoned Agricultural.
B. Future Land Use Plan
The Future Land Use Plan designates the subject property as Medium Density
Residential and Floodplain. The proposed uses presented include Medical Office
and Sports Complex.
Case # ZONE-25-0007
-EXHIBIT C-
Planned Development Standards
The proposed development will conform to the development standards of the Office
District of the Town of Prosper's Zoning Ordinance, as it exists or may be amended, and
Subdivision Ordinance, as it exists or may be amended, except as otherwise set forth in
these Development Standards.
1. Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the
attached concept plan, set forth in Exhibit D.
b. Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibit F.
c. Open space to be provided in accordance with Town of Prosper Standards (7%).
Connectivity to Town Hike and Bike Trails to be provided.
2. All uses permitted are listed below. All development to be compliant with Town
Standards. The building on Lot 5 shall be used for an indoor sports facility unless
otherwise approved by the Town Council through an amendment to the Planned
Development.
a. Use is permitted
• Administrative/ Medical and Professional Office
• Bank/ Saving and Loan/ Credit Union (without drive -through)
■ Business Services
Indoor Sports Facility
■ Governmental Office
■ Health/ Fitness Center
• Home Builder Marketing Center
• Insurance Office
• Minor Dry Cleaning
• Minor Print Shop
• Museum/ Art Gallery
• Park or Playground
• Private or Parochial School
• Private Recreational Center
• Private Utility
• Public Athletic Stadium or Field
• Public Schools
• Retail/ Service Incidental Use
b. Use is permitted with a Specific Use Permit
• Assisted Care/ Living Facility
+ Bank/ Saving and Loan/ Credit Union (with drive -through)
• Child Care Center, Incidental
• Child Care Center, Licensed
• Community Center
+ Fraternal Organization/ Lodge/ Civic Club/ Fraternity or Sorority
+ Restaurant — No Drive Thru
r Day Care Center (Adult)
• Private Athletic Stadium or Field
• Rehabilitation Care Institution
3. Development Standards
a. Regulations shall be in accordance with the Town of Prosper Zoning Ordinance
for the office district as listed below:
i. Size of Yards:
1. Minimum Front Yard: 30 feet.
2. Minimum Side Yard:
a. Ten feet adjacent to any nonresidential district.
b. Twenty five feet for a one story building adjacent to any
residential district. Forty feet for a two story building
adjacent to any residential district
3. Minimum Rear Yard:
a. Ten feet adjacent to any nonresidential district.
b. Twenty-five feet for a one story building adjacent to any
residential district. Forty feet for a two story building
adjacent to any residential district
ii. Size of Lots:
1. Minimum Size of Lot Area: 7,000 square feet.
2. Minimum Lot Width: 70 feet.
3. Minimum Lot Depth: 100 feet.
iii. Maximum Height: Two stories, no greater than 40 feet.
iv. Lot Coverage: 30 percent.
v. Floor Area Ratio: Maximum 0.5:1.
vi. Maximum Floor Area: 10,000 square feet; the maximum floor area may
exceed 10,000 square feet only if the entire structure is in excess of 200
feet from a residential use or zone. (This regulation is not applied to
property separated by a public street.)
b. Architectural Standards
i. Architectural style and building material requirements to be provided in
accordance with the Office District of the Town of Prosper's Zoning
Ordinance, Chapter 4, Section 8.2, except as listed below:
l . Permitted primary exterior materials shall constitute a minimum
85% of an elevation and are defined as clay fired brick, natural and
manufactured stone, granite and marble. The indoor sports facility
may include split -faced concrete masonry units, stucco (3-step
application process), and/or concrete tilt -wall construction with
decorative patterns. The maximum combined amount of these
materials on an elevation is 40%.
2. Secondary materials used on the fayade of a building are those that
comprise a total of fifteen percent or less of an elevation area.
Permitted secondary materials are aluminum or other metal, cedar
or similar quality decorative wood and stucco (3-step application
process). Stucco is only permitted a minimum of nine feet above
grade.
4. Properties adjacent to creeks are required to provide amenities listed in the Town Zoning
Ordinance (Section 4.2.6). The following five amenities will be provided with this
development:
a. A minimum 25 percent of the surface area of the walls that face the major creek
shall be provided as windows.
b. Buildings will have the same building materials and architectural elements on all
four sides.
c. Trail head park.
d. Over 100' visibility corridor.
e. Common patio (over 750 sq ft) with shade structure.
5. Screening Standards
a. The screening required along adjacent residential property shall be a living screen
in lieu of a masonry wall. The evergreen trees shall be located interior to the
property due to the overhead power lines and floodplain. Placement of the
evergreen trees may be clustered as shown on the Landscape Exhibit, as long as
there is appropriate coverage, as determined by the Director of Development
Services.
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EXHIBIT E
DEVELOPMENT SCHEDULE
DENTON WAY OFFICE PARK
The phasing and development of this project is dependent upon both market conditions and
the individual developers' timing. The anticipated schedule for the buildout will likely
include a division of developmental increments. Upon commencement of development,
the project construction is expected to require between 12 — 24 months.
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