2026-31 O - Rezoning 54.2 acres from AG to PD-139 on Parvin 1385 Addition - Volleys Village (Tennis Center)TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-31
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 54.2 ACRES, MORE OR LESS, SITUATED IN THE
PARVIN 1385 ADDITION, BLOCK A, LOT 1 AND A PORTION OF LOT 2, IN THE
TOWN OF PROSPER, DENTON COUNTY, TEXAS, FROM AGRICULTURAL (A)
TO PLANNED DEVELOPMENT-139 (PD-139), 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-
26-0003) from William Dahlstrom ("Applicant"), to rezone 54.2 acres of land, more or less, Parvin
1385 Addition, Block A, Lot 1 and a portion of Lot 2, in the Town of Prosper, Denton County,
Texas, and being more particularly described in Exhibit "A-V 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 54.2 acres of land,
more or less, in the Parvin 1385 Addition, Block A, Lot 1 and a portion of Lot 2, Town of Prosper,
Denton County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto
are hereby zoned as Planned Development-139 and being more particularly described in Exhibit
"A-1" 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; (5) the Phasing Plan, attached hereto as Exhibit E-1; (6)
the Elevations, attached hereto as Exhibit F; and (7) the Open Space 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
Na 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
Unaawfu! 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
Seve� rabili� 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-26-0003 Ordinance No. 2026-31, 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 14TH DAY OF JULY, 2026.
ATTEST:
Lw- �3 S I to 6LLUA-
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Wel h, Town Attorney
David F. Briltol, Mayor
1gA.4
TEXN�
Case No. ZONE-26-0003 Ordinance No. 2026-31, Page 3
EXHIBIT A-1: WRITTEN METES AND BOUNDS
ZONE-26-0003
BEING a tract of land situated in the F. Wilkerson Survey, Abstract No. 1411 and the J. Morton
Survey, Abstract No. 793, Town of Prosper, Denton County, Texas, and being a portion of Lot 1,
Block A and a portion of Lot 2, Block A of Parvin 1385 Addition, Block A, Lots 1 and 2, according
to the plat thereof recorded in Document No. 2025-228 of the Plat Records of Denton County,
Texas, and all of a called 1.558 acre right of way and all of a called 0.404 acre right of way
dedicated in said Parvin 1385 Addition, Block A, Lots 1 and 2, the east half of F.M. Road No.
1385, a variable width right-of-way, and the south half of Parvin Road, a variable width right-of-
way, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in said Parvin Road, for the northwest comer of a
called 191.740 acre tract of land described in a deed to Frontier Landbank LLC, recorded in
Instrument No. 2025-125290 of the Official Records of Denton County, Texas, common to the
northeast corner of said 1.558 acre right-of-way dedication, same also being on the southerly
line of Sutton Fields Phase 4A, an addition to the City of Celina, Texas, according to the plat
thereof recorded in Instrument No. 2023-294 of the Plat Records of Denton County, Texas;
THENCE South 00°32'30" East, departing said Parvin Road and the southerly line of said
Sutton Fields Phase 4A, along the easterly line of said 1.558 acre right-of-way dedication, the
easterly line of said Lot 1 and the westerly line of said 191.740 acre tract, a distance of 1,583.21
feet to the southeast corner of said Lot 1, common to the northeast corner of said Lot 2;
THENCE South 89027'23" West, departing said the westerly line of said 191.740 acre tract and
along the common line of said Lot 1 and said Lot 2, a distance of 1,074.66 feet to a point for
corner, from which, a 1/2 inch iron rod found for the southwest comer of said Lot 1, common to
an ell comer of said Lot 2 bears South 89027'23" West, 108.40 feet;
THENCE North 00036'20" West, departing the common line of said Lot 1 and said Lot 2 and
crossing said Lot 1, a distance of 17.95 feet to a point for corner;
THENCE South 89023'36" West, continuing across said Lot 1, passing en route the common
line of said Lot 1 and said Lot 2, and continuing along the same course and crossing said Lot 2,
for a total distance of 208.51 feet to a point for corner;
THENCE South 01 032'11" West, continuing across said Lot 2, a distance of 510.55 feet to a
point for corner;
THENCE South 89°30'12" West, continuing across said Lot 2, passing en route a 1/2 inch iron
rod with busted plastic cap found for an ell corner of said Lot 2, common to the northeast corner
of Block A, Lot 1 of Brazos Electric Parvin Substation Addition, Block A, Lot 1, an addition to the
Town of Prosper, Texas, according to the plat thereof recorded in Document No 2020-418 of the
Plat Records of Denton County, Texas, and continuing along the same course and along the
southerly line of said Lot 2, the southerly line of said 0.404 acre right-of-way dedication, the
northerly line of said Block A, Lot 1, the northerly line of a 30-foot wide right-of-way dedicated in
said Brazos Electric Parvin Substation Addition, and crossing said F.M. Road No. 1385, for a
total distance of 841.87 feet to the approximate centerline of said F.M. Road No. 1385;
THENCE North 01 °29'58" East, along the approximate centerline of said F.M. Road No. 1385, a
distance of 573.92 feet to a point for corner;
THENCE North 89°23'26" East, departing the approximate centerline of said F.M. Road No.
1385 and crossing said F.M. Road No. 1385, passing en route a 1/2 inch iron rod found for the
northwest corner of said 0.404 acre right-of-way dedication, and continuing along the same
course, and along the northerly line of said 0.404 acre right-of-way dedication and said Lot 2, a
distance of 940.00 feet to a 1/2 inch iron rod found for a northeast corner of said Lot 2, on the
westerly line of aforesaid Lot 1;
THENCE North 00°35'37" West, along the westerly line of said Lot 1 and along the westerly line
of aforesaid 1.558 acre right-of-way dedication, a distance of 1,498.96 feet to the northwest
corner of said 1.558 acre right-of-way dedication, same being in the approximate centerline of
said Parvin Road;
THENCE North 89023'14" East, along the northerly line of said 1.558 acre right-of-way
dedication and along the approximate centerline of said Parvin Road, a distance of 1,184.50
feet to the POINT OF BEGINNING and containing 54.212 acres (2,361,489 square feet) 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).
!wiezi' 05/13/2026
Sylviana Guna an
Registered Professional Land Surveyor No
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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ZONE-26-0003
EXHIBIT "B"
STATEMENT OF INTENT AND PURPOSE
The purpose of this Planned Development is to allow a mixed -use development anchored
by a world -class tennis center. The tennis center will feature a comprehensive mix of
indoor and outdoor tennis courts, indoor pickleball courts, and year-round aquatic
amenities, including both indoor and outdoor swimming pools. In addition, the center will
include a fully equipped fitness center, dedicated studios for yoga and cycling, and
supporting amenities such as a pro shop and food and beverage offerings, including
alcohol service. The proposed base zoning is Commercial (C) District, with several uses
added and several prohibited that are currently permitted in the Commercial (C) District.
Development Standards are also proposed accordingly with this application. The proposal
includes an extension of Bothwell Boulevard across Parvin Road through the Property to
FM 1385. This section of Bothwell Boulevard will be a pedestrian -oriented street that
includes a roundabout for additional traffic -calming purposes. Uses include a tennis
center, with multiple tennis courts and associated facilities and parking, and hotel, office,
retail, and restaurant uses.
ZONE-26-0003
EXHIBIT "C"
PLANNED DEVELOPMENT STANDARDS
A. Conformance with the Town's Zoning Ordinance and Subdivision Ordinance.
1. Unless expressly identified and referenced within this ordinance, the
regulations of the Town's Zoning Ordinance (Ordinance No. 05-20), as it
exists on the date of approval of this Planned Development, and the
Subdivision Ordinance, as it exists on the date of approval of this Planned
Development, shall apply. Upon approval by the Town Council of the
ordinance establishing this District, this District is vested in accordance with
Tex. Loc Gov't Code Ch. 245 and this Planned Development Ordinance,
inclusive of exhibits herein, is a vesting document for purposes of Chapter
245 of the Texas Local Government Code.
2. The zoning exhibits attached and incorporated into this Planned
Development shall serve as a guide for development of the Property. The
ultimate layout (including streets, site layout, building uses, and open space
areas) shall be determined at the time of Preliminary Site Plan by the
Planning and Zoning Commission.
3. This Planned Development document shall be the governing document for
development of the Property and in the event of any conflict or inconsistency
between any Town Ordinances and this document, the terms and provisions
of this Planned Development shall control. This PD document is a vesting
document for purposes of Chapter 245 of the Texas Local Government
Code.
4. This Planned Development is in compliance with the Town's
Comprehensive Plan and meets or exceeds Goals and Objectives identified
throughout the Prosper Comprehensive Plan.
B. Exhibits. Use and development of the Property shall be in general conformance
with the following exhibits:
1. Exhibit A-1, Metes & Bounds
2. Exhibit A-2, Survey
3. Exhibit B, Statement of Intent and Purpose
4. Exhibit C, Planned Development Standards
5. Exhibit D, Conceptual Plan
6. Exhibit E, Tentative Development Schedule
7. Exhibit E-1, Phasing
8. Exhibit F, Character Images
9. Exhibit G, Open Space/Green Space Plan
C. Conceptual Plan:
1. Development of the Property shall be in general conformance with the
Conceptual Plan attached hereto as Exhibit D. General locations of
proposed uses are generally shown on the Conceptual Plan. Specific
locations of proposed land uses will be shown on a Preliminary Site Plan.
2. The Director of Development Services or his/her designee may approve a
minor amendment to the Conceptual Plan. Minor amendments are limited
to minor changes in the Conceptual Plan that otherwise comply with this
Planned Development District and do not:
a. alter the basic relationship of the proposed development to adjacent
property;
b. increase a height shown on the original Conceptual Plan by more
than 10 percent or 12 feet, whichever is less, provided there is no
increase in the number of habitable stories or parking levels above
grade;
c. decrease the amount of off-street parking ratios shown on the
Conceptual Plan; or
d. reduce building setbacks at the boundary of the site shown on the
Conceptual Plan.
3. Disapproval of a minor amendment request may be appealed by the
Developer to the Planning and Zoning Commission and Town Council (see
article 4, § 4.1.6(B)(7) for appeal procedure).
4. All other amendments shall be considered major amendments and will be
considered by the Planning and Zoning Commission at a public meeting in
accordance with the same procedures and requirements for the approval of
a plan.
D. Uses:
1. Except as otherwise stated herein, the following uses are permitted by right
on the Property. Uses followed by an "(S)" suffix are permitted only by
Specific Use Permit. Uses followed by an "(C)" are permitted with the
Conditional Standards set forth for such uses in the Zoning Ordinance.
a. Civic/Convention Center
b. College, University, Trade, or Private Boarding School (S)
C. Community Center (S)
d. Municipal Uses Operated by the Town of Prosper
e. Museum/Art Gallery
f. School, Private or Parochial
g. Stealth Antenna, Commercial (C)
h. Private Utility, Other Than Listed
i. Administrative, Medical, or Professional Office
j. Governmental Office
k. Alcoholic Beverage Sales (C)
I. Building Material and Hardware Sales, Minor
M. Convenience Store with Gas Pumps (S)
n. Convenience Store without Gas Pumps
o. Retail Stores and Shops
P. Artisan's Workshop
q. Bank, Savings and Loan, or Credit Union
r. Bank, Savings and Loan, or Credit Union, Drive -Through (S)
S. Beauty Salon/Barber Shop
t. Business Service
U. Catering
V. Child Care Center, Licensed (S)
W. Child Care Center, Incidental (S)
X. Commercial Amusement, Indoor
y. Dry Cleaning, Minor
Z. Gymnastics/Dance Studio
aa. Health/Fitness Center
bb. Hotel, Full Service
CC. Massage Therapy, Licensed
dd. Meeting/Banquet/Reception Facility
ee. Pet Day Care (S)
ff. Print Shop, Minor
gg. Restaurant (C)
hh. Restaurant, Drive In (C)
ii. Restaurant. Drive -Through (S)
I Theater, Neighborhood
kk. Theater, Regional
II. Mobile Food Vendor (S)
mm. Retail/Service Incidental Use
E. Development Standards. Development of the Property shall be in general
conformance with the Commercial (C) District Regulations as set forth in the
Town's Zoning Ordinance (Ordinance No. 05-20 as it currently exists) and the
Subdivision Ordinance (Ordinance No. 17-41 as it currently exists) as modified
herein.
1. Minimum lot dimensions.
a. Minimum lot width is 100 feet.
b. Minimum lot depth is 100 feet.
2. Front Yard Setback. Minimum 30 feet.
3. Side Yard Setback.
a. Minimum 15 feet when adjacent to a non-residential zoning district.
b. Minimum 30 feet when building is 1-story and adjacent to a
residential zoning district.
c. Minimum 60 feet when building is 2 or more stories and adjacent
to a residential zoning district.
d. Minimum 30 feet when adjacent to a public street.
e. No minimum for internal side yards.
4. Rear Yard Setback.
a. Minimum 15 feet when adjacent to a non-residential zoning district.
The minimum side yard setback may be eliminated for attached
retail buildings on separate lots as shown on an approved site plan.
b. Minimum 30 feet when building is 1-story and adjacent to a
residential zoning district.
c. Minimum 60 feet when building is 2 or more stories and adjacent
to a residential zoning district.
5. Height.
a. Maximum building height is 40 feet, except that the maximum
building height for a Hotel, full service (not extended stay) is 55
feet.
6. Floor to Area Ratio. Maximum 0.5:1.
7. Lot Coverage. Maximum 40%.
8. Buildin_. Area. Building square footage may be increased subject to
compliance with the other Development Standards.
9. Parking.
a. Required parking for a use may be located on another lot so long as
the lot providing the required parking still satisfies minimum parking
requirements after allocating excess parking to the receiving lot.
Shared parking shall not be greater than 600 feet from the use being
served and shall be subject to a shared parking agreement.
b. Required parking for sport courts: 8 spaces per court.
10. Reciuired Screening along the Ea"roperty line. Where the development
directly borders Single -Family Residential properties, a continuous Living
Screen Wall may be provided in lieu of a six foot masonry wall, designed as
follows provided it is approved by the Planning and Zoning Commission:
a. A continuous row of evergreen trees offset 3' from the property line,
planted 30' on center.
b. A continuous row of evergreen shrubs offset 3' from the property
line, planted 4' on center.
c. Shrubs must be 4' height at the time of planting and have a mature
height of 6' minimum.
However, a Living Screen Wall is not required where it would conflict with
the following:
i. Vehicular drives ingress/egress and associated visibility triangles.
ii. Required buffer trees spaced 30' O.C.
iii. Public or private sidewalks and pedestrian paths.
iv. Existing or proposed utility infrastructure and easements.
11. Exterior appearance of buildings and structures. Building and structures
shall generally comply with the Character Images attached hereto as Exhibit
F. Each building fagade shall consist of a minimum of 80% masonry
materials as defined in the Town's Zoning Ordinance excluding stucco
(except as otherwise provided), EIFS, and cementitious fiber board.
Stucco, which includes only the three -step process and specifically
excludes EIFS and cementitious fiber board, is an allowed material but may
not exceed 20% of a building fagade. Non -masonry exterior materials shall
only start at 10'-0" above the ground level finish floor elevation.
12. Open Space. Each lot shall provide a minimum of five (5) percent open
space, provided, Open Space for the entire Property shall be a minimum of
twelve (12%) percent in the aggregate.
13.0 en Space Amenities: Open
limited to, the following and
amenities shown in Exhibit F,
Space/Green Space Plan:
Space amenities may include, but not be
shall be
Character
i general conformance with the
Images, and Exhibit G, the Open
a. Open space and green space
b. Outdoor event space / Pavilion
c. Performance venue
d. Art / Sculpture Features
e. Benches and seating
f. Shaded structures
g. Pedestrian -scale lighting including festoon lighting
h. Splash pad(s)
i. Game Lawn Areas such as Bocce Ball, Cornhole, etc.
j. Playground equipment, fitness equipment and similar interactive
recreational equipment
k. Other amenities as determined by the Director of Development
Services
14. Proposed Roadway. The proposed roadway shall be constructed in general
conformance with the cross-section and in the location as generally shown
on the Conceptual Plan. Street parking is permitted to be included in the
proposed roadway. In addition, for the purpose of creating an aesthetically
pleasant and pedestrian -friendly environment, street trees and street
furniture such as benches, street lights, and trash receptacles are allowed
to be located within the public right-of-way subject to Town approval. A
public realm plan will be submitted at the time of Site Plan which will include
benches, trash receptacles, etc. and a license agreement to identify
maintenance responsibilities.
15. Phasing. The first phase of this development shall include "Block A, Lot 1"
(Tennis Club) and "Street A" as shown in Exhibit E-1. The foundation for the
Tennis Club building as generally shown in the Conceptual Plan shall be
constructed and approved for vertical construction and Street "A" shall be
constructed prior to the commencement of vertical construction for buildings
in the remainder of Block A, and for buildings in Blocks B and C.
Commencement of construction for buildings in Block D are not subject to
construction of the Tennis Club foundation and completion of Street "A".
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ZONE-26-0003
EXHIBIT "E"
TENTATIVE DEVELOPMENT SCHEDULE
The phasing and development of this project is dependent upon market conditions. The
following is a tentative anticipated construction schedule:
Phase 1:
• Tennis Club
o Indoor and outdoor tennis courts
o Indoor pickleball courts
o Year-round aquatic amenities, including both indoor and outdoor swimming
pools
o Fully equipped fitness center
o Yoga and cycling studios
o Supporting amenities such as a pro shop and food and beverage offerings,
including alcohol service
• Street A
• Open space on Block A, Lot 1.
■ Block D
• Construction is estimated to take 12-18 months.
Subsequent phases shall follow based on market conditions.
Full build -out is estimated to be achieved in 3-5 years.
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EXHIBIT G - PROSPER TENNIS CLUB MMCH—Kimley»>Horn
OPEN SPACE PLAN