2020-02 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-02
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
TOWN'S ZONING ORDINANCE AND ZONING ORDINANCE NO. 08-030, AS
AMENDED, BY REZONING A TRACT OF LAND CONSISTING OF 2,125.651
ACRES, MORE OR LESS, SITUATED IN THE C. SMITH SURVEY, ABSTRACT
NO. 1681, THE J. BATES SURVEY, ABSTRACT NO. 1620, THE L. SALING
SURVEY, ABSTRACT NO. 1675, THE H.P. SALING SURVEY, ABSTRACT NO.
1628, THE M.E.P. & P. RR SURVEY, ABSTRACT NO. 1476, THE P. BARNES
SURVEY, ABSTRACT NO. 79, THE B. HADGES SURVEY, ABSTRACT NO.
593, THE A.B. JAMISON SURVEY, ABSTRACT NO. 672, THE B.B. WALTON
SURVEY, ABSTRACT NO. 1369, THE T. BUTTON SURVEY, ABSTRACT NO.
1369, THE P.R. RUE SURVEY, ABSTRACT NO. 1555, THE J. TETTER
SURVEY, ABSTRACT NO. 1262, THE L. NETHERLY SURVEY, ABSTRACT NO.
962, THE B. RUE SURVEY, ABSTRACT NO. 1113, THE A. ROBERTS SURVEY,
ABSTRACT NO. 1115, THE R. YATES SURVEY, ABSTRACT NO. 1538, THE L.
RUE SURVEY, ABSTRACT 1110, THE H. RUE SURVEY, ABSTRACT NO. 1111,
AND THE J. MORTON SURVEY, ABSTRACT NO. 793, IN THE TOWN OF
PROSPER, DENTON COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-40
(PD-40) TO PLANNED DEVELOPMENT-40 (PD-40); 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 Town's Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas ("Prosper") has received a request from Tellus
Group, LLC ("Applicant") to rezone 2,125.651 acres of land, more or less, situated in the C. Smith
Survey, Abstract No. 1681, The J. Bates Survey, Abstract No. 1620, The L. Saling Survey,
Abstract No. 1675, The H.P. Saling Survey, Abstract No. 1628, The M.E.P. & P. RR Survey,
Abstract No. 1476, The P. Barnes Survey, Abstract No. 79, The B. Hadges Survey, Abstract No.
593, The A.B. Jamison Survey, Abstract No. 672, The B.B. Walton Survey, Abstract No. 1369,
The T. Button Survey, Abstract No. 1369, The P.R. Rue Survey, Abstract No. 1555. The J. Tetter
Survey, Abstract No. 1262, The L. Netherly Survey, Abstract No. 962, The B. Rue Survey,
Abstract No. 1113, The A. Roberts Survey, Abstract No. 1115, The R. Yates Survey, Abstract No.
1538, The L. Rue Survey, Abstract 1110, The H. Rue Survey, Abstract No. 1111, and The J.
Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas and being more
particularly described in Exhibit "A," 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:
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
Amendments to the Town's Zoning Ordinance. The Town's Zoning Ordinance is amended
as follows: The zoning designation of the property containing 2,125.651 acres of land, more or
less, situated in the C. Smith Survey, Abstract No. 1681, The J. Bates Survey, Abstract No. 1620,
The L. Saling Survey, Abstract No. 1675, The H.P. Saling Survey, Abstract No. 1628, The M.E.P.
& P. RR Survey, Abstract No. 1476, The P. Barnes Survey, Abstract No. 79, The B. Hadges
Survey, Abstract No. 593, The A.B. Jamison Survey, Abstract No. 672, The B.B. Walton Survey,
Abstract No. 1369, The T. Button Survey, Abstract No. 1369, The P.R. Rue Survey, Abstract No.
1555, The J. Tetter Survey, Abstract No. 1262, The L. Netherly Survey, Abstract No. 962, The B.
Rue Survey, Abstract No. 1113, The A. Roberts Survey, Abstract No. 1115, The R. Yates Survey,
Abstract No. 1538, The L. Rue Survey, Abstract 1110, The H. Rue Survey, Abstract No. 1111,
and The J. Morton Survey, Abstract No. 793, in the Town of Prosper, Denton County, Texas, (the
"Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby
rezoned as Planned Development-40 (PD-40) and being more particularly described in Exhibit
"A," attached hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the Statement of Intent and Purpose,
attached hereto as Exhibit B; 2) the Development Standards, attached hereto as Exhibit C; 3) the
Site Plan, attached hereto as Exhibit D; 4) the Development Schedule, attached hereto as Exhibit
E; and 5) the Fagade Plans, attached hereto as Exhibit F, which are incorporated herein for all
purposes as if set forth verbatim, subject to the following conditions of approval by the Town
Council:
1. Approve a total of 950 Type A lots in the entire Windsong Ranch development, with a
maximum of 361 Type A lots in Phases 6 through 9;
2. Approve a total of 1,074 Type B lots in the entire Windsong Ranch development, with
a maximum of 511 Type B lots in Phases 6 through 9;
3. Approve a total of 600 Type C lots in the entire Windsong Ranch development, with a
maximum of 344 Type C lots in Phases 6 through 9;
4. Approve a total of 160 Type D lots in the entire Windsong Ranch development, with a
maximum of 2 Type D lots in Phases 6 through 9;
5. Approve a total of 500 Type G lots, with all such lots to be located only in Phases 6
through 9 of the Windsong Ranch development; and
6, the total of Type H lots shall remain the same at 40 lots.
Further, the total lot count in the Windsong Ranch development shall be 3,324 lots, of
which 1,758 lots shall be in Phases 6 through 9.
Ordinance No. 2020-02, Page 2
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
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 expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper
hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Ordinance No. 2020-02, Page 3
1
1
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 PASS ED,.APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 14TH DAY OF JANUARY, 2020.
• "``, f. - Ray Smith, ayor
ATTEST: % 19
On
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2020-02, Page 4
EXHIBIT "A"
Legal Descriptions for Mahard Ranch, Town of Prosper, Texas
EXHIBIT "A-1"
Legal Description of the Mahard Property
BEING a tract of land out of the C. SMITH SURVEY, Abstract No. 1681, the J. BATES
SURVEY, Abstract No. 1620, the L. SALING SURVEY, Abstract No. 1675, the H.P. SALING
SURVEY, Abstract No. 1628, the M.E.P. & P. RR SURVEY, Abstract No. 1476, P. BARNES
SURVEY, Abstract No. 79, the B. HADGES SURVEY, Abstract No. 593, the A.B. JAMISON
SURVEY, Abstract No. 672, the B.B. WALTON SURVEY, Abstract No. 1369, the T. BUTTON
SURVEY, Abstract No. 88, the P.R. RUE SURVEY, Abstract No. 1555, the J. TETTER
SURVEY, Abstract No. 1262, the L. NETHERLY SURVEY, Abstract No. 962, the B. RUE
SURVEY, Abstract No. 1113, the A. ROBERTS SURVEY, Abstract No. 1115, in Denton County,
Texas, the R. YATES SURVEY, Abstract No. 1538, the L. RUE SURVEY, Abstract No. 1110,
the H. RUE SURVEY, Abstract No. 1111, the J. MORTON SURVEY, Abstract No. 793, in
Denton County, Texas, being all of the tract of land described in deed to Mahard 2003
Partnership, L.P. recorded in Denton County Clerk's File No. 2004-0063826 of the Real
Property Records of Denton County, Texas, being all of the tract of land described in deed to
Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 20041-0024459 of
the Real Property Records of Denton County, Texas, being part of the tract of land described in
deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No. 2004-
0014699 of the Real Property Records of Denton County, Texas, being all of the tract of land
described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File No.
2004-0014698 of the Real Property Records of Denton County, Texas, being all of the tract of
land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's File
No. 2005-0014700 of the Real Property Records of Denton County, Texas, being all of the tract
of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County Clerk's
File No. 2004-0046720 of the Real Property Records of Denton County, Texas, being all of the
tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton County
Clerk's File No. 2004-0024462 of the Real Property Records of Denton County, Texas, being all
of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in Denton
County Clerk's File No. 2004-0024458 of the Real Property Records of Denton County, Texas,
being all of the tract of land described in deed to Mahard 2003 Partnership, L.P. recorded in
Denton County Clerk's File No. 2004-0050900 of the Real Property Records of Denton County,
Texas, being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in
Volume 1936, Page 145 of the Real Property Records of Denton County, Texas, being all of the
tract of land described in deed to Mahard Egg Farm, Inc. recorded in Volume 1618, Page 329 of
the Real Property Records of Denton County, Texas, being all of the tract of land described in
deed to Mahard Egg Farm, Inc. recorded in Volume 547, Page 394 of the Deed Records of
Denton County, Texas, being part of the tract of land described in deed to Mahard Egg Farm,
Inc. recorded in Volume 1332, Page 176 of the Real Property Records of Denton County,
Texas, being all of the tract of land described in deed to Mahard Egg Farm, Inc. recorded in
Volume 779, Page 665 of the Deed Records of Denton County, Texas, being all of the tract of
land described in deed to Ernest Mahard recorded in Volume 1938, Page 931 of the Real
Property Records of Denton County, Texas being all of the tract of land described in deed to
Mahard Egg Farm, Inc. recorded in Volume 1149, Page 500 of the Deed Records of Denton
County, Texas, and being more particularly described as follows:
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1"
Ordinance No. 2020-02, Page 5
BEGINNING at a TXDOT monument found in the north right-of-way line of U.S. Highway No.
380, said monument being the northeast corner of a tract of land described in deed to the State
of Texas recorded in Volume 4769, Page 1768 of the Real Property Records of Denton County,
Texas;
THENCE with said north right-of-way line, the following courses and distances to wit:
South 88°35'51" West, a distance of 3483.13 feet to a TXDOT monument found;
North 46016'16" West, a distance of 83.68 feet to a fence post in the east line of Good
Hope Road (no dedication recordation found);
THENCE with said east line and along a fence, North 00°25'46" West, a distance of 1453.36
feet to a fence corner found in the south line of a 25.44 acre tract of land described in deed to
Nathan Goodlet recorded in Volume 3329, Page 825 of the Real Property Records of Denton
County, Texas;
THENCE with said south line, North 88056'49" East, a distance of 1435.64 feet to a 3/8" iron rod
found for corner;
THENCE with the east line of said 25.44 acre tract, North 00030'13" West, a distance of 819.11
feet to a 1/2" iron rod found for corner;
THENCE with the north line of said 25.44 acre tract, South 89035'17" West, a distance of
1430.32 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" (hereinafter called 5/8" iron
rod set) for corner in the east line of said Good Hope Road:
THENCE with said east line, North 00008'13" West, a distance of 1236.96 feet to a fence corner
in the south line of a tract of land described in deed to Judy Reeves;
THENCE with the south line of said Reeves tract, North 89014'55" East, a distance of 940.90
feet to a 5/8" iron rod set for corner;
THENCE with the east line of said Reeves tract, North 00040'52" West, a distance of 197.22
feet to a 1/2" iron rod found for corner in the south line of Fish Trap Road (no dedication
recordation found);
THENCE with said south line, North 88059'28" East, a distance of 815.80 feet to a 1/2" iron rod
found for corner;
THENCE leaving said south line, North 00006'59" West, a distance of 36.44 feet to a pk nail
found in the centerline of said Fish Trap Road;
THENCE along the centerline of said Fish Trap Road, South 89004'04" West, a distance of
1776.99 feet to a pk nail set for the intersection of the centerline of said Fish Trap Road and the
centerline of said Good Hope Road;
THENCE along the centerline of said Good Hope Road, South 00015'35" East, a distance of
3735.79 feet to a pk nail set in the north right-of-way line of said U.S. Highway No. 380;
THENCE with said north right-of-way line, the following courses and distances to wit:
South 44002'02" West, a distance of 114.60 feet to a TXDOT monument found;
South 88035'51" West, a distance of 2062.12 feet to a 5/8" iron rod set for corner;
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1"
Ordinance No. 2020-02, Page 6
South 88050'58" West, a distance of 100.00 feet to a 5/8" iron rod set for corner;
South 89009'27" West, a distance of 22.39 feet to a 5/8" iron rod set for comer;
North 45050'38" West, a distance of 111.42 feet to a pk nail set in the centerline of Gee
Road (no dedication recordation found);
THENCE with said centerline, North 00001'02" West, a distance of 1114.87 feet to a pk nail set;
THENCE with the easterly most north line of a 106.26 acre tract of land described in deed to
Judy Gee recorded in Volume 3130, Page 794 of the Real Property Records of Denton County,
Texas, part of the way, South 89033'35" West, a distance of 1098.63 feet to a fence corner
found;
THENCE along a fence, North 12040'03" East, a distance of 2150.51 feet to a fence corner
found for the northwest corner of a 5.34 acre tract of land described in deed to Mahard Egg
Farm, Inc. recorded in Volume 1936, Page 145 of the Real Property Records of Denton County,
Texas;
THENCE the following courses and distances to wit:
North 88030'03" West, a distance of 451.90 feet to a 5/8" iron rod set for comer;
North 59057'10" West, a distance of 66.21 feet to a 5/8" iron rod set for comer;
North 27015'28" West, a distance of 207.89 feet to a 5/8" iron rod set for corner;
South 79058'04" West, a distance of 116.69 feet to a 5/8" iron rod set for corner;
South 17011'21" West, a distance of 12.96 feet to a 5/8" iron rod set for comer;
North 65016'52" West, a distance of 66.04 feet to a 5/8" iron rod set for the northerly
most corner of said 106.26 acre tract;
THENCE with the west lines of said 106.26 acre tract, the following courses and distances to
wit:
South 31 °55'38" West, a distance of 494.24 feet to a 5/8" iron rod set for corner;
South 57052'02" East, a distance of 601.93 feet to a Corp of Engineers monument
found;
South 31 °24'02" West, a distance of 1854.30 feet to a Corp of Engineers monument
found;
South 31 °27'22" West, a distance of 302.61 feet to a 5/8" iron rod set for the northeast
comer of a 0.78 acre tract of land described in deed to the City of Irving recorded in
Volume 4871, Page 5128 of the Real Property Records of Denton County, Texas;
THENCE the lines of said 0.78 acre tract, the following courses and distances to wit:
North 73029'41" West, a distance of 241.29 feet to a 1/2" iron rod found for comer;
South 21 °58'41" West, a distance of 181.00 feet to a 5/8" iron rod set for corner;
South 73029'27" East, a distance of 67.00 feet to a 5/8" iron rod set for comer;
North 22020'38" East, a distance of 41.52 feet to a 5/8" iron rod set for comer;
South 75057'16" East, a distance of 152.12 feet to a 1/2" iron rod found in the west line
of said 106.26 acre tract;
THENCE with said west line and along a fence part of the way, South 31 °27'22" West, a
distance of 877.59 feet to a 5/8" iron rod set for corner in the north right-of-way line of said U.S.
Highway No. 380
THENCE with said north right-of-way line, North 88048'55" West, a distance of 587.44 feet to a
5/8" iron rod set for the southeast corner of a 61.2 acre tract of land described in deed to M.
Planned Development District - Mahard Ranch, Town of Prosper, Texas - Exhibit "A-1"
Ordinance No. 2020-02, Page 7
Taylor Hansel recorded in Denton County Clerk's File No. 94-R0091793 of the Real Property
Records of Denton County, Texas;
THENCE with the east lines of said Hansel tract, the following courses and distances to wit:
North 08056'01" East, a distance of 240.78 feet to a 5/8" iron rod set for corner;
North 55059'01" East, a distance of 132.20 feet to a 5/8" iron rod set for corner;
South 20'18'01" West, a distance of 155.70 feet to a 5/8" iron rod set for corner;
South 80049'59" East, a distance of 88.40 feet to a 5/8" iron rod set for comer;
North 45013'01" East, a distance of 261.10 feet to a 5/8" iron rod set for corner;
South 62'15'59" East, a distance of 216.20 feet to a 5/8" iron rod set for corner;
North 15004'01" East, a distance of 184.70 feet to a 5/8" iron rod set for corner;
North 56°01'01" East, a distance of 183.40 feet to a 5/8" iron rod set for comer;
North 18007'01" East, a distance of 197.90 feet to a 5/8" iron rod set for corner;
North 73019'59" West, a distance of 688.80 feet to a Corp of Engineers monument found
for the southeast corner of a 107.57 acre tract of land described in deed to Fish Trap
Properties, Ltd., recorded in Volume 4626, Page 2922 of the Real Property Records of
Denton County, Texas;
THENCE with the east lines of said 107.57 acre tract, the following courses and distances to
wit:
North 29002'03" East, a distance of 67.81 feet to a 5/8" iron rod set for comer;
North 22°04'26" East, a distance of 710.31 feet to a Corp of Engineers monument found;
North 33000'31" East, a distance of 221.33 feet to a Corp of Engineers monument found;
North 58030'15" West, a distance of 249.63 feet to a Corp of Engineers monument found
for the southeast corner of a 43.07 acre tract of land described in deed to Billy Jeter
recorded in Volume 2125, Page 729 of the Real Property Records of Denton County,
Texas;
THENCE with the east lines of said 43.07 acre tract, the following courses and distances to wit:
North 07055'24" East, a distance of 669.72 feet to a 5/8" iron rod set for corner;
South 75024'16" East, a distance of 402.59 feet to a Corp of Engineers monument
found;
North 19028'37" West, a distance of 739.75 feet to a Corp of Engineers monument
found;
North 35034'01" East, a distance of 531.05 feet to a Corp of Engineers monument found;
North 02004'22" West, a distance of 172.83 feet to a fence post found in the south line of
a 57.55 acre tract of land described in deed to G&S Landscaping recorded in Volume
5114, Page 1398 of the Real Property Records of Denton County, Texas;
THENCE with said south line, South 77°28'43" East, a distance of 553.04 feet to a Corp of
Engineers monument found;
THENCE with the east line of said 57.55 acre tract and the east line of two tracts of land
described in deed to Mary Weber recorded in Denton County Clerk's File No. 94-R0031655 of
the Real Property Records of Denton County, Texas, the following courses and distances to wit:
North 01 007'34" East, a distance of 278.92 feet to a 5/8" iron rod found;
North 01 °04'49" East, a distance of 510.59 feet to a Corp of Engineers monument found;
North 00°57'07" West, a distance of 149.86 feet to a Corp of Engineers monument
found;
North 00006'44" East, a distance of 1393.34 feet to a 1/2" iron rod found for corner;
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1"
Ordinance No. 2020-02, Page 8
North 89049'12" West, a distance of 505.03 feet to a fence corner found in the east line
of a 58.44 acre tract of land described in deed to Benny Nobles recorded in Volume
2299, Page 94 of the Real Property Records of Denton County, Texas;
THENCE with said east line, North 00050'11" West, a distance of 810.75 feet to a fence corner
found in the south line of a 99.5 acre tract of land described in deed to Rue Family Trust
recorded in Volume 5032, Page 3961 of the Real Property Records of Denton County, Texas;
THENCE with the south and east lines of said 99.5 acre tract and the south line of a 90 acre
tract of land described in deed to Rue Family Trust recorded in Volume 5032, Page 3961 of the
Real Property Records of Denton County, Texas the following courses and distances to wit:
North 89017'21" East, a distance of 1389.64 feet to a 5/8" iron rod set for corner;
North 03032'47" West, a distance of 929.90 feet to a 5/8" iron rod set for corner;
South 85°47'35" West, a distance of 228.77 feet to a 1/2" iron rod found for corner;
North 02006'10" East, a distance of 1767.38 feet to a 3/8" iron rod found for corner;
South 88023" 1" East, a distance of 1111.78 feet to a 5/8" iron rod set for in the west line
of a 319.00 acre tract of land described in deed to Sammy Carey recorded in Volume
2336, Page 5411 of the Real Property Records of Denton County, Texas;
THENCE with said west line, South 00010'32" West, a distance of 125.32 feet to a 5/8" iron rod
set for corner;
THENCE with the south line of said 319.00 acre tract and the south line of a 5 acre tract of land
described in deed to M.B. Allen recorded in Volume 375, Page 395 of the Deed Records of
Denton County, Texas, North 88058'42" East, a distance of 2644.03 feet to a 1/2" iron rod found
in the centerline of said Good Hope Road;
THENCE along said centerline, North 00°48'31" West, a distance of 992.40 feet to a 1/2" iron
rod found for corner;
THENCE with the south line of the tract of land described in deed to the Good Hope Church and
continuing along Good Hope Road, South 89038'27" East, a distance of 457.50 feet to a 5/8"
iron rod set in the east line of said Good Hope Road;
THENCE with the east line of said Good Hope Road, the following courses and distances to wit:
North 01 047'00" West, a distance of 935.34 feet to a 5/8" iron rod set for corner;
North 00015'22" West, a distance of 1726.79 feet to a 5/8" iron rod set for an ell corner in
the south line of a 100 acre tract of land described in deed to Bruce Jackson recorded in
Volume 4910, Page 2975 of the Real Property Records of Denton County, Texas;
THENCE with the south line of said 100 acre tract, the south line of a 134.58 acre tract of land
described in deed to Little Elm Ranch Corporation recorded in Volume 5416, Page 3334 of the
Real Property Records of Denton County, Texas, and the south line of a tract of land described
in deed to Salvador Buentello recorded in Volume 2633, Page 648 of the Real Property Records
of Denton County, Texas, North 89042'25" East, a distance of 1545.14 feet to a 5/8" iron rod set
in the centerline of a Parvin Road (no dedication recordation found);
THENCE along said centerline and with the south line of said Buentello tract, the following
courses and distances to wit
North 70058'34" East, a distance of 76.26 feet to a 5/8" iron rod set for corner;
North 74005'38" East, a distance of 206.69 feet to a 5/8" iron rod set for corner;
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1"
Ordinance No. 2020-02, Page 9
North 77025'29" East, a distance of 112.34 feet to a 1/2" iron rod found for corner;
North 01025'12" East, a distance of 17.04 feet to a 5/8" iron rod set for comer;
THENCE continuing along said centerline, the south line of said Buentello tract, the south line of
a 1.75 acre tract of land described in deed to Donna Jackson recorded in Denton County Clerk's
File No. 2004-0086324 of the Real Property Records of Denton County, Texas, the south line of
a 2.5 acre and 14.87 acre tracts of land described in deed to Jose Gutierrez recorded in Denton
County Clerk's File No. 2004-0139581 of the Real Property Records of Denton County, Texas,
and the south line of a 15 acre tract of land described in deed to William Kramer, the following
courses and distances to wit:
North 89°08'54" East, a distance of 1300.08 feet to a 1/2" iron rod found for corner;
North 89007'58" East, a distance of 3455.35 feet to a 1/2" iron rod found for the
northwest comer of a 100 acre tract of land described in deed to RH-TWO, LP recorded
in Denton County Clerk's File No. 2004-0086307 of the Real Property Records of
Denton County, Texas;
THENCE with the west line of said 100 acre tract, South 00040'06" West, a distance of 2809.18
feet to a 1/2" iron rod found in the centerline of Prosper Road (no dedication recordation found);
THENCE with said centerline, South 89024'09" West, a distance of 3412.04 feet to a 1/2" iron
rod found for corner;
THENCE leaving said centerline, North 00012'44" West, a distance of 16.61 feet to a 5/8" iron
rod set in the north line of said Prosper Road;
THENCE with said north line, South 89049'30" West, a distance of 298.97 feet to a 5/8" iron rod
set in the east line of a 5 acre tract of land described in deed to Curtis McDaniel recorded in
Volume 354, Page 271 of the Deed Records of Denton County, Texas;
THENCE with the lines of the remainder of said 5 acre tract, the following courses and
distances to wit:
North 00015'22" East, a distance of 214.38 feet to a 5/8" iron rod set for corner;
South 89047'16" West, a distance of 318.73 feet to a 5/8" iron rod set for corner;
South 33013'36" East, a distance of 218.94 feet to a 5/8" iron rod set for corner;
South 72026'17" East, a distance of 198.56 feet to a 5/8" iron rod set in the centerline of
Fields Road (no dedication recordation found);
THENCE along said centerline, the following courses and distances to wit:
South 00002'02" West, a distance of 1534.38 feet to a 5/8" iron rod set for corner;
South 00008'41" East, a distance of 1196.19 feet to a 1/2" iron rod found for corner;
South 00019'01" East, a distance of 1051.65 feet to a 1/2" iron rod found for corner;
South 00046'08" West, a distance of 705.12 feet to a 5/8" iron rod set for corner;
South 20037'31" East, a distance of 96.22 feet to a 5/8" iron rod set for corner;
South 28015'33" East, a distance of 189.49 feet to a 3/8" iron rod found for corner;
South 02006'04" East, a distance of 1803.07 feet to a 1" iron rod found for corner;
South 00006'17" East, a distance of 1284.69 feet to a 5/8" iron rod set for corner;
South 00006'37" West, a distance of 1042.41 feet to a 5/8" iron rod set for corner;
THENCE leaving the centerline of said Fields Road, South 89011'26" West, a distance of 21.20
feet to a 5/8" iron rod set in the west line of said Field Road;
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1"
Ordinance No. 2020-02, Page 10
THENCE with said west line, the following courses and distances to wit:
South 00°00'27" West, a distance of 1396.62 feet to a fence corner;
South 41 °23'46" West, a distance of 87.55 feet to the POINT OF BEGINNING and
containing 2106.592 acres of land.
Bearing system based North Central Zone of the Texas State Plane Coordinate System.
SAVE AND EXCEPT
Being all of that certain lot, tract or parcel of land located in the B. Rue Survey, Abstract No.
1113, Denton County, Texas, and being a portion of a called 76 acre tract of land described as
Tract Three in deed to Mahard 2003 Partnership, L.P., recorded in County Clerks File No. 2004-
0050900, Real Property Records, Denton County, Texas, and being more particularly described
as follows:
BEGINNING at a 5/8" iron rod found at an ell corner in the south line of a called 100 acre tract
of land described in deed to Bruce Jackson, et al, recorded in Volume 4910, Page 2975, Real
Property Records, Denton County, Texas, same being the northwest corner of said Mahard
2003 Partnership, L.P. tract;
THENCE North 89042'25" East, along the north line of said Mahard 2003 Partnership, L.P. tract
and passing at a distance of 583.33 feet the common southern corner of said Bruce Jackson, et
al tract and a called 134.58 acre tract of land described in deed to Little Elm Ranch Corporation,
recorded in Volume 5416, Page 3334, Real Property Records, Denton County, Texas, passing
again at a distance of 834.26 feet the common southern corner of said Little Elm Ranch
Corporation tract, and a tract of land described in deed to Salvador Buentello, recorded in
Volume 2633, Page 648, Real Property Records, Denton County, Texas, and continuing for a
total distance of 1,545.14 feet to a 5/8" iron rod found for corner in the present centerline of
Parvin Road (no record of dedication found) at the beginning of a non -tangent curve to the left,
having a radius of 1,206.88 feet, a central angle of 19032'21 ", and a chord bearing and distance
of South 58053'46" West, 409.58 feet;
THENCE in a southwesterly direction, along the present centerline of said Parvin Road and
passing through said Mahard 2003 Partnership, L.P. tract the following five (5) courses and
distances:
1) Along said non -tangent curve to the left, an arc length of 411.57 feet;
2) South 49004'47" West, a distance of 322.13 feet to the beginning of a curve to the
right, having a radius of 355.51 feet, a central angle of 34°57'47", and a chord
bearing and distance of South 71 °08'48" West, 213.59 feet;
3) Along said curve to the right, an arc length of 216.94 feet;
4) South 88037'42" West, a distance of 557.23 feet to the beginning of a curve to the
left, having a radius of 410.55 feet, a central angle of 27036'35", and a chord bearing
and distance of South 75008'34" West, 195.93 feet;
5) Along said curve to the left, an arc length of 197.83 feet to the east line of Good
Hope Road (no record of dedication found), same being the most southerly
southeast corner of said Bruce Jackson, et al tract;
THENCE North 00015'22" West, along the most southerly east line of said Bruce Jackson, et al
tract, a distance of 547.29 feet to the Place of Beginning and containing 575,223 square feet or
13.205 acres of land.
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-1"
Ordinance No. 2020-02, Page 11
EXHIBIT "A-2"
Legal Description of the FC Prosper Property
TRACT ONE
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County,
Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a deed filed for
record in Volume 3329 at Page 820 of the Deed Records of Denton County, Texas. Said tract
of land being more particularly described by metes and bounds as follows:
Beginning at a 5/8" rebar with a cap marked "KHA" found on the monumented East right-of-way
line of Good Hope Road, for the common West corner of the tract of land herein described and
a called 100.00 acre tract of land conveyed to E. Mahard, Jr. by a deed filed for record at
County Clerk's instrument Number 93-R0049966 of the Deed Records of Denton County,
Texas;
Thence N 00°20'14" W, along the aforementioned monumented East right-of-way line, 388.18
feet to a '/z" rebar in concrete found for a common corner of the tract of land herein described
and a called 0.507 acre tract of land and conveyed to N. J. Goodlet, et ux by a deed filed for
record in Volume 1230 at Page 351 of the Deed Records of Denton County, Texas;
Thence N 86°19'09" E, along the common boundary line of the tract of land herein described
and the aforementioned 0.507 acre tract, 162.36 feet to a '/2" rebar with a cap marked "RPLS
4967" set for a common corner;
Thence N 04°22'35" W, continuing along the aforementioned common boundary line, 138.28
feet to a 1/2" rebar in concrete found for a common corner;
Thence S 89000'42" W, continuing along the aforementioned common boundary line, 151.50
feet to a'/z" rebar in concrete found for a common comer on the monumented East right-of-way
line of Good Hope Road;
Thence N 00002'39" W, along the aforementioned East right-of-way line, 176.63 feet to a '/2"
rebar in concrete found for a common corner of the tract of land herein described and a called
1.00 acre tract of land conveyed to N. J. Goodlet, et ux by a deed filed for record at County
Clerk's Instrument Number 94-R0089059 of the Deed Records of Denton County, Texas;
Thence N 89°24'44" E, along the common boundary line of the tract of land herein described
and the aforementioned 1.00 acre tract, 362.48 feet to a '/2" rebar in concrete found for a
common corner;
Thence N 00005'33" W, continuing along the aforementioned common boundary line, 120.14
feet to a '/2" rebar in concrete found for their common North corner on the South boundary line
of a called 56.319 acre tract of land conveyed to E. Mahard, Jr. by a deed filed for record at
County Clerk's Instrument Number 2004-24459 of the Deed Records of Denton County, Texas;
Thence N 89°24"44" E, along the common boundary line of the tract of land herein described
and the aforementioned 56.319 acre tract 1068.57 feet to a 5/8" rebar with a cap marked "KHA"
found for a common corner;
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-2"
Ordinance No. 2020-02, Page 12
Thence S 00°28'43" E, continuing along the aforementioned common boundary line, 818.81 feet
to a '/z" rebar in concrete found for a common corner on the North boundary line of the above -
mentioned 100.00 acre tract;
Thence S 88°55'33" W, along the common boundary line of the tract of land herein described
and the aforementioned 100.00 acre tract, 1435.44 feet to the Point of Beginning.
Said tract of land containing 1,116,766 square feet or 25.637 acres, more or less.
TRACT TWO
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County,
Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a deed filed for
record in Volume 1230 at Page 351 of the Deed Records of Denton County, Texas. Said tract
of land being more particularly described by metes and bounds as follows:
Beginning at a '/2" rebar in concrete found, on the monumented East right-of-way line of Good
Hope Road, for the Southwest corner of the tract of land herein described and a corner of a
called 25.6476 acre tract of land as conveyed to N. Goodlet, et ux by a deed filed for record in
Volume 3329 at Page 820 of the Deed Records of Denton County, Texas;
Thence N 86°19'09" E, along the common boundary line of the tract of land herein described
and the aforementioned 25.6476 acre tract, 92.56 feet to a '/2" rebar in concrete found for a
corner;
Thence N 04'18'50" W, 13.05 feet to a 3/8" rebar found for a corner;
Thence N 86°13'43" E, 13.06 feet to a '/2" rebar with a cap marked "RPLS 4967" set for a
corner;
Thence S 05°12'35" E, 13.07 feet to a '/2" rebar in concrete found for a corner on the North
boundary line of the above -mentioned 25.6576 acre tract of land;
Thence N 86°19'09" E, along the aforementioned common boundary line, 56.54 feet to a '/2"
rebar in concrete found for a common comer;
Thence N 04°22'35" W, continuing along the aforementioned common boundary line, 138.28
feet to a'/2" rebar in concrete found for a common corner;
Thence S 89°00'42" W, continuing along the aforementioned common boundary line, 151.50
feet to a'/2" rebar in concrete found for a common corner on the above -mentioned East right-of-
way line;
Thence S 00°00'14" E, along the aforementioned East right-of-way line, 145.68 feet to the Point
of Beginning.
Said tract of land containing 22,087 square feet or 0.507 acres, more or less.
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-2"
Ordinance No. 2020-02, Page 13
TRACT THREE
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County,
Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a deed filed for
record at County Clerk's Instrument Number 94-R0089059 of the Deed Records of Denton
County, Texas. Said tract of land being more particularly described by metes and bounds as
follows:
Beginning at a '/s" rebar in concrete found, on the monumented East right-of-way line of Good
Hope Road, for the Southwest corner of the tract of land herein described and a corner of a
called 25.6476 acre tract of land as conveyed to N. Goodlet, et ux by a deed filed for record in
Volume 3329 at Page 820 of the Deed Records of Denton County, Texas;
Thence N 89°21'12" E, along the common boundary line of the tract of land herein described
and the aforementioned 25.6476 acre tract of land, 362.48 feet to a '/2" rebar in concrete found
for a common corner;
Thence N 00005'33" W, continuing along the aforementioned common boundary line, 120.14
feet to a '/s" rebar in concrete found for their common North corner on the South boundary line
of a called 56.319 acre tract of land conveyed to E. Mahard, Jr. by a deed filed for record at
County Clerk's Instrument Number 2004-24456 of the Deed Records of Denton County, Texas;
Thence S 89°24'44" W, along the common boundary line of the tract of land herein described
and the aforementioned 56.319 acre tract, 362.29 feet to a '/Z" rebar with a cap marked "RPLS
4967" set for their common West corner on the above -mentioned East right-of-way line;
Thence S 00'00'19" E, along the aforementioned East right-of-way line, 120.52 feet to the Point
of Beginning.
Said tract of land containing 43,604 square feet or 1.001 acre, more or less.
TRACT FOUR
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton County,
Texas and being a portion of a tract of land conveyed to Laura Jackson by a deed filed for
record in Volume 291 at Page 80 of the Deed Records of Denton County, Texas and also being
more particularly described by metes and bounds as follows:
Commencing, for a tie, at a 1/2" rebar in concrete, found on the monumented East right-of-way
line of Good Hope Road, for the Southwest corner of a tract of land conveyed to Nathan
Goodlet, et ux by a deed filed for record in Volume 1230 at Page 351 of the Deed Records of
Denton County, Texas from which a 1/2" rebar in concrete found for it's Northwest corner bears
N 00000'14" W, 145.68 feet;
Thence N 86019'09" E, 92.56 feet to a 1/2" rebar found in concrete found for the Southwest
corner and Point of Beginning of the tract of land herein described, said corner also being an
internal corner of the aforementioned Goodlet tract;
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "A-2"
Ordinance No. 2020-02, Page 14
Thence N 04'18'50" W, along the common boundary line of the tract of land herein described
and the aforementioned Goodlet tract, 13.05 feet to a 3/8" rebar found for a common comer;
Thence N 86°13'43" E, continuing along the aforementioned common boundary line, 13.06 feet
to a 1/2" rebar with a cap marked "RPLS 4967" set for a common corner;
Thence S 05°12'35" E, continuing along the aforementioned common boundary line, 13.07 feet
to a 1/2" rebar in concrete found for a common corner;
Thence S 86'19'09" W, 13.26 feet to the Point of Beginning.
Said tract of land containing 172 square feet or 0.004 acre, more or less.
Planned Development District - Mahard Rauch, Town of Prosper, Texas — Exhibit "A-2"
Ordinance No. 2020-02, Page 15
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Ordinance No. 2020-02, Page 16
EXHIBIT "B"
Statement of Intent and Purpose for Mahard Ranch, Town of Prosper, Texas
Mahard Ranch is a planned community consisting of a variety of residential, local and
community retail and employment uses integrated within an open space system oriented to the
natural beauty of the property. Residential units consist of a range of lot sizes in the traditional
residential neighborhood mode to attached, urban dwellings offering the residents diverse living
styles. Retail and employment uses are provided along the U.S. Highway 380 corridor providing
more intensive uses along the thoroughfare while also serving as a buffer between the
residential neighborhoods and the main highway.
Integral throughout the Mahard Ranch is the open space system which consists of recreation
open space, hike and bike trails and active parks for the residents of the community. A
strategically designed trail system laces throughout the community providing pedestrian
linkages among residential, retail, open space public uses, and neighborhoods outside of the
Mahard Ranch. Parks are also provided at convenient locations which provide active recreation
opportunities to the community. Creek areas and floodplains have been reserved for open
space to provide trail settings along attractive waterways providing hikers and bikers an
opportunity to enjoy the ecosystem.
Thoroughfares are designed to provide the necessary connection between this community and
the Town. Major connectors provide linkages to surrounding significant roadways allowing
efficient movement.
The following development standards describe the desired image and character necessary to
ensure quality development throughout the Mahard Ranch property. The development
standards have been carefully designed to allow sufficient flexibility for creative residential and
mixed use building solutions while being prescriptive in areas necessary to preserve an overall
cohesiveness.
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "B"
Ordinance No. 2020-02, Page 17
EXHIBIT "C"
Development Standards for Mahard Ranch, Town of Prosper, Texas
Conformance with the Town's Zoning Ordinance and Subdivision Ordinance: Except as
otherwise set forth in these Development Standards, the regulations of the Town's Zoning
Ordinance (Ordinance No. 05-20 as it currently exists or may be amended) and
Subdivision Ordinance (as it currently exists or may be amended) shall apply.
Amenity Program
a. General. As a master planned community, Mahard Ranch will have a
programmed and qualitatively controlled system of amenities throughout. These
amenities combine to create an overall sense of place that would be difficult to
achieve when considered as independent elements within smaller developments.
The community amenities that are addressed within these Development Standards
are:
• Primary Community Entries
• Secondary Community Entries
• Neighborhood Entries
• Thoroughfare Landscape Buffers
• Community Park
• Community Amenity Center
• Floodplain / Greenway Parks
• Neighborhood Parks
• Pocket Parks
b. Primary Community Entries
a. Major points of entry into Mahard Ranch (minimum two locations, including
at least one entry along U.S. 380) will be defined with a combination of
monument signage, landscape and lighting to create a sense of arrival
commensurate in scale and character with a 2,120.54 acre master planned
community (see representative examples below). These entries will
include:
• Community name / logo incorporated into monument signage
element, to be constructed of masonry or similar material;
• Enhanced landscape, including seasonal color, shrubs, groundcover,
perennials and unique combinations of both canopy and ornamental
trees;
• Enhanced lighting on the monument / signage and the unique
aspects of the landscape;
• Water will be considered as an accent feature if land and topography
permit, and if compatible with the overall physical design theme for
the community.
Ordinance No. 2020-02, Page 18
Primary entries will be developed to incorporate both sides of the entry
roadway when both are contained within Mahard Ranch, and will also
include enhancements to the median in the immediate area (where / if
applicable). Landscape easements will be provided to ensure adequate
space to provide for visibility triangle(s) and adequate development of entry
design.
C. Secondary Community Entries
a. Secondary community entries will be similar to primary community
entries in their use of compatible building and landscape materials, but will
be smaller in scale and land area. They will occur at the outside edges of
Mahard Ranch, at the entries for either arterials or collectors into the
community. It is anticipated that a minimum of three secondary entries will
be provided for the community, primarily along Teel Parkway (see
representative examples below). Secondary community entries will include
the following elements, scaled slightly smaller than the primary entries:
• Community name / logo incorporated into monument signage element,
to be constructed of masonry or similar material;
• Enhanced landscape, including seasonal color, shrubs, groundcover,
perennials and unique combinations of both canopy and ornamental
trees;
• Enhanced lighting on the monument / signage and the unique aspects
of the landscape;
• Center median to allow for more landscape density and also provide
alternative location for neighborhood identification and way -finding
graphics;
• Landscape easements where required to accommodate enhanced
landscape and monument construction.
Neighborhood Entries. Internal to Mahard Ranch and along both arterials
and collectors, points of intersection will be enhanced to denote entries into
individual `villages' or neighborhoods. These entries will resemble primary
and secondary entries in their use of materials and landscape, but will also
Ordinance No. 2020-02, Page 19
incorporate village or neighborhood names and will contribute to a unique,
community -wide system of visual way finding.
d. Thoroughfare Landscape Buffers (Arterial and Collector Roads — 25' Min.).
Thoroughfares will provide a continuity of design from primary and secondary
points of community entry throughout the entirety of Mahard Ranch. These
thoroughfares and the adjacent landscape buffers are intended to include the
following:
Screen walls composed primarily of ornamental metal fence with
living screen or stone or stone veneer (allowing brick accent), ONLY
if the Town determines that mitigating circumstances (land area /
depth, topography, etc) will not allow natural landscape to buffer
adjacent land uses (no builder fencing allowed);
Enhanced grading / berms combined with landscape (grass, trees,
accent shrubs and groundcover at entry points) to provide design
continuity and buffer adjacent land uses;
Street tree system throughout (formal and/or informal in arrangement
— design to be determined), to visually identify the hierarchy of
streets and neighborhoods. A variety of tree species will be
provided, including canopy / shade and smaller flowering,
ornamentals of a minimum 3 inch caliper for every 30 lineal feet
which with requested approval by the Town at the time of submission
of a preliminary plat may be grouped and in no case shall there be
less than the total number of street trees as required by this
subsection;
Continuous 6' sidewalks on both sides of the thoroughfare (sidewalks
interior to Residential may be 5');
Integrated neighborhood / `village' entries at points of intersection.
e. Community Park Mahard Ranch will include one community park (of
approximately 50 acres) that shall be dedicated to the Town in accordance with
the Pre -annexation Agreement. Schedule for improvements and requirements for
maintenance are described in Section 4 of the Development Standards. It is
intended that this park include sports and athletic facilities, passive and natural
spaces and associated parking - all of a scope and type to be determined in
coordination with Town staff. Following are parameters of design intended for this
facility:
• Location will be along one of the open space / greenway parks in
order to facilitate pedestrian connectivity to the neighborhoods;
• Facility design will utilize materials (masonry, pavements, landscape,
lighting) that are compatible with other common area improvements
within the Mahard Ranch community;
• Specific facilities to be determined in coordination with Town staff,
but may include some combination of the following:
✓ 8' wide hike and bike trails
✓ Softball / Baseball field(s) (lighted);
✓ Soccer field(s) (lighted);
Ordinance No. 2020-02, Page 20
✓ Football field(s)
✓ Multipurpose field(s)
✓ Shade pavilion(s);
✓ Parking;
✓ Trailhead connections to adjacent floodplain / greenway parks;
✓ Site furnishings, including benches, water fountains, trash
receptacles;
✓ Enhanced landscape at entries, and irrigated turf in all maintained
(developed) areas.
Community Amenity Center
a. At least one Community Amenity Center shall be developed within Mahard
Ranch, providing a range of more active, family oriented activities in a
`resort' style environment (see representative examples above). This
facility will be HOA maintained and provide the "centerpiece" recreational
amenity for the entire community. Like the community park, this facility is
intended to be located along the floodplain / greenway parks system to
accommodate pedestrian and bicycle access from the neighborhoods of
Mahard Ranch.
A. A Community Amenity Center will be completed along with the
initial phase of residential development, within the Single -
Family Residential Tract.
B. Three (3) additional Neighborhood Amenity Centers will be built
upon completion of each successive phase of residential
development, each phase to include approximately 750 homes,
within the Single -Family Residential tract.
b. The intended program for the Community Amenity Center facility shall
include multiple elements from the following list:
• Active adult and children's pools;
• Water slides and water play features;
• Paved and turf chaise areas;
• Community building, with interior and exterior spaces programmed
for resident and HOA uses, including possible inclusion of a kitchen,
community room, meeting room(s), fitness room, and storage
area(s);
• Restrooms (in the community building and possibly additionally at the
pool area(s);
• Convenience parking (quantity to be determined based upon code
compliance);
• Children's playground facility(s);
• Sport court(s);
• Trailhead linkages to the floodplain / greenway parks.
Ordinance No. 2020-02, Page 21
C. Floodplain / Greenway Parks
A. Mahard Ranch includes over 550 acres of flood plain corridors
through the property. Significant portions of these corridors are
rich in native flora and fauna, and are intended to be preserved
in a natural condition, with only minimal impact to allow hike /
bike trail linkages. Other areas are more open and less valuable
as a native resource, and these areas may be developed to
include a golf course or ponds and fountains that contribute to
the overall storm drainage system and provide enhanced value
to the community. All of these corridors shall be interconnected
with a series of paths and trails, with an overall hike / bike trail
system throughout. Following are the key components of this
system of open space through the community:
• Master hike / bike trail — minimum 8' in width — concrete or other
material approved by the Town — linking all neighborhoods, schools
and amenities;
• Secondary paths and trails — minimum 8' in width — concrete or `soft'
surface (decomposed granite, crushed fines) is permitted for HOA
maintained trails— providing secondary linkages and `spur'
connections to the hike / bike trail system;
• Native preservation areas in locations of most desirable existing
vegetation, including wetland, upland and forested environments;
• Trailhead locations at community amenity sites and at schools, to
include trail maps, bike racks, and site furnishings (trash, seating);
• Ponds and water features in open areas where impacts to existing
vegetation will not be an issue and storm drainage requirements can
be enhanced — ponds to include predominantly native, soft edges,
safety shelves, water circulation / aeration to ensure water quality.
Ordinance No. 2020-02, Page 22
d. Neighborhood Parks
A. Mahard Ranch will include a minimum of three, 7.5 acre (each)
neighborhood parks, distributed throughout the community in
areas that are linked by the floodplain / greenway parks system
and that contribute to ensuring a maximum % mile walk from
any neighborhood to a park or open space amenity. Additional
requirements for schedule of completion for these facilities, as
well as maintenance, can be found in Section 4 of the
Development Standards.
B. Neighborhood parks shall be designed as a complementary
component of the Mahard Ranch amenities program, including
consideration of alternative uses, and the use of compatible
materials (hardscape, landscape and, if included, lighting).
These parks are to be integrated within the open space system
as well as the neighborhoods that they serve. Neighborhood
parks may include features and elements from the following list
of amenities;
• Open play fields (non -lit);
• Sport courts;
• Covered pavilion or shade structure;
• Children's playgrounds segregated by age groups (i.e. 2-5
and 5-12);
• Parking for +/- 10 spaces;
• Grading around perimeter to provide safety for playfields
and street frontages;
• 8' sidewalks around site linking facilities and providing
connections to adjacent floodplain / greenway parks;
• Town's Park signage approved by the Parks Board
consistent with community theme.
Ordinance No. 2020-02, Page 23
e. Pocket Parks Additional components of the Mahard Ranch amenities
program are smaller pocket parks within individual neighborhoods. These
parks will be an HOA maintained component of the open space system,
and allow for:
• Providing valuable open space in adjacency to smaller
homes;
• integration of existing tree rows and other natural features
that warrant preservation;
• ensuring one -quarter mile resident walks to a component of
the open space system;
• additional passive and moderately active recreational
opportunities, including:
✓ open play areas;
✓ natural interpretive areas;
✓ neighborhood playgrounds;
✓ children's water play area;
✓ small neighborhood gathering spaces.
2. Single -Family Residential Tract
a. General Description: Residential uses shall be permitted throughout the Property
as set forth herein.
b. Allowed Uses: Land uses allowed within the Single -Family Residential Tract are
as follows: Uses followed by an S are permitted by Specific Use Permit. Uses
followed by a C are permitted subject to conditional development standards.
Conditional development standards are set forth in Chapter 3, Section 1 of the
Town's Zoning Ordinance.
• Accessory buildings incidental to the allowed use and constructed of the
same materials as the main structure.
• Churches / rectories
• Civic facilities
• Electronic security facilities, including gatehouses and control counter
• Fire stations and public safety facilities
• Guest House
• Home Occupation C
• Model Home
• Park or Playground
• Private Recreation Center
• Private Street Development and gated communities S
Ordinance No. 2020-02, Page 24
• Public or Private Parks, playgrounds and neighborhood recreation facilities
including, but not limited to, swimming pools, clubhouse facilities and tennis
courts, to be stated on plat
• Single family residential uses as described herein
• Schools — public or private
• Golf Course for Country Club (including clubhouse, maintenance facilities,
on -course food and beverage structure, and on course restroom facilities.)
• Temporary real estate sales offices for each builder during the
development and marketing of the Planned Development which shall be
removed no later than 30 days following the final issuance of the last
Certificate of Occupancy (CO) on the last lot owned by that builder.
• Temporary buildings of the builders and uses incidental to construction
work on the premises, which shall be removed upon completion of such
work.
• Townhouses (only as a buffer use as set forth herein)
• Utility distribution lines and facilities. Electric substations shall be allowed
at the sole discretion of the Developer.
C. Density: The maximum number of single family detached units for the Properties
is 3,324, of which 1,758 lots shall be in Phases 6 through 9 (as depicted on Exhibit
A-3).
d. Lot Types: The single family detached lots developed within the Properties shall
be in accordance with the following Lot Types:
e
f
• Type A Lots:
• Type B Lots:
• Type C Lots:
Type D Lots:
Type E Lots:
• Type F Lots:
Minimum 8,000 square foot lots
Minimum 9,000 square foot lots
Minimum 10,500 square foot lots
Minimum 12,500 square foot lots
Minimum 6,000 square foot lots
Minimum 20,000 square foot lots
Lot Type Development Threshold:
A. Planning and Zoning Commission can approve up to three
hundred (300) Type E final platted Lots prior to the final
acceptance by Town of twenty (20) Type F Lots.
Area and building regulations:
a. Type A Lots: The area and building standards for Type A Lots are as
follows and as set forth in Table 1:
A. Minimum Lot Size. The minimum lot size for Type A Lots shall
be 8,000 square feet. A typical lot will be 60' x 133', but may
vary as long as requirements in Table 1 are accommodated.
B. Minimum Lot Width. The minimum lot width for Type A Lots
shall be sixty (60) feet.
Ordinance No. 2020-02, Page 25
C. Minimum Yard Setbacks.
Minimum Front yard Setback: The minimum
front yard setback for Type A Lots shall be
twenty-five (25) feet. The minimum front yard
and rear yard requirements for staggering the
front yards, as set forth in Section 9.3.F of the
Town's Zoning Ordinance, as amended shall
apply to Type A Lots.
Minimum Side yard Setback:
(a) The minimum side yard setback for Type
A Lots shall be eight (8) feet.
(b) For courtyard homes, as defined herein,
the minimum side yard setback shall be
fourteen (14) feet for one side and two (2)
feet for the other side yard. Windows on
the 2' side of the courtyard home will not
be allowed unless they are opaque or
consist of glass block.
(c) For corner lots, the minimum side yard
setback shall be fifteen (15) feet.
iii. Minimum Rear yard Setback:
(a) The minimum rear yard setback shall be
twenty-five (25) feet.
(b) For Courtyard Homes, as defined herein,
the minimum rear yard setback is ten (10)
feet for a maximum number of lots not to
exceed seventy-five (75) Type A lots.
iv. Permitted Encroachment. Architectural
features and porches may encroach into
required front and rear yards up to five (5) feet.
Swing -in garages may encroach into required
front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front
fagade of the main structure, but may not
encroach into the required front yard.
D. Minimum Floor Space. Each dwelling constructed on a Type
A Lot shall contain a minimum of one thousand, nine hundred
(1,900) square feet of floor space. Floor space shall include air-
conditioned floor areas, exclusive of porches, garages, patios,
terraces or breezeways attached to the main dwelling.
Ordinance No. 2020-02, Page 26
E. Height. The maximum height for structures on Type A Lots
shall be forty (40) feet.
F. Courtyard Home Option. Courtyard Homes, which are
defined as homes having an open-air courtyard surrounded on
three sides by the home, are permitted.
G. Driveways. Driveways fronting on a street on Type A Lots shall
be constructed of the following materials: concrete, brick
pavers, stone, interlocking pavers, stamped concrete, or
concrete with stone or brick border.
H. Exterior Surfaces.
The exterior facades of a main building or
structure, excluding glass windows and doors,
shall be constructed of one hundred (100) percent
masonry. Cementitious fiber board is considered
masonry, but may only constitute fifty (50) percent
of the area for stories other than the first story.
However, cementitious fiber board may not be
used as a fagade cladding material for portions of
upper stories that are in the same vertical plane
as the first story. Cementitious fiber board may
also be used for architectural features, including
window box -outs, bay windows, roof dormers,
garage door headers, columns, chimneys not part
of an exterior wall, or other architectural features
approved by the Building Official.
The surface area of windows surrounded
completely by brick may be included within the
computation of the exterior brick, brick veneer,
stone, or stone veneer wall area of a residence.
Address Plaque. A cast stone address plaque
is required for each Type A Lot. The style of the
cast stone address plaque shall be uniform
throughout each section of development.
iv. Chimneys. On Type A Lots, all exposed
portions of the fire breast, flu and chimney shall
be clad in cementitious lap siding, brick, stone or
stucco. Chimneys located on an exterior wall
must be 100% brick or stone.
V. Stucco. Stucco on structures on Type A Lots
shall be traditional 3-coat process cement
plaster stucco.
Ordinance No. 2020-02, Page 27
vi. EIFS. EIFS (Exterior Insulating and Finish
Process) is not allowed on structures on Type A
Lots.
Windows. All window framing on structures on Type A Lots
shall be bronzed, cream, sand or white anodized aluminum,
vinyl or wood.
Window shutters may be used on structures on
Type A Lots. Window shutters shall be painted,
stained wood, or fiberglass.
ii. No reflective window coverings or treatments
shall be permitted.
J. Roofing.
Structures constructed on the Type A Lots shall
have a composition, slate, clay tile or
cement/concrete tile roof.
ii. The color of the composition roof must appear to
be weathered wood shingles, black or slate,
unless such other color is approved by the
Director of Development Services.
Composition roof shingles must be laminated
and have a minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a
minimum slope of 8" in 12". Clay tile and
cement/concrete tile roofs shall have a minimum
slope of 3" in 12". Pitch ends shall be 100%
guttered.
K. Garages.
Homes shall have a minimum of two (2) car
garages but no more than three (3). No carports
shall be permitted.
ii. Homes with three (3) garages shall not have
more than two (2) garage doors facing the street.
iii. Garage doors shall be constructed of either
metal or wood.
L. Plate Height. Each structure on a Type A Lot shall have a
minimum principal plate height of 9' on the first floor.
Ordinance No. 2020-02, Page 28
M. Fencing. No fence, wall or hedge on a Type A Lot shall exceed
eight (8) feet in height or be less than four (4) feet in height
unless otherwise specifically required by the Town of Prosper.
All Type A Lots backing or siding to Open Space
shall have a decorative metal fence abutting to
said open space.
All other fencing shall be constructed of cedar,
board on board with a top rail, and shall be
supported with galvanized steel posts. A
common fence stain color as well as fence detail
shall be established for the community by the
developer.
iii. No fencing shall extend beyond a point ten feet
(10') behind the front wall plane of the structure
into the front yard.
N. Landscaping.
A minimum of six (6) caliper inches of trees shall
be planted on all Type A Lots.
A minimum of one (1) tree shall be located in the
front yard.
iii. Corner lots adjacent to a street shall plant (1)
additional tree in the side yard.
iv. Trees shall be a minimum of three caliper inches
(3") as measured at 1 foot above grade.
V. The front, side and rear yard must be irrigated by
a programmable irrigation system and sodded
with grass.
O. Mailboxes. Mailboxes on a Type A Lot shall be consistent with
the theme for the street and with the materials of the home on
the respective lot, unless otherwise required by USPS (United
States Postal Service).
P. Satellite Dishes. Satellite dishes, limited to eighteen inches
(18") in diameter or smaller, mounted below the ridgeline on the
roof, and not in public view from the front of the home are
permitted on Type A Lots.
O. Air Conditioners. No window or wall air conditioning units will
be permitted on structures on Type A Lots. Outside condensing
units (compressors) which are not located within a privacy
fenced area shall be screened by shrubbery save and except
Ordinance No. 2020-02, Page 29
access and service space to the condensing units which may
not be visible from the street.
R. Plan Elevations. On Type A Lots, plan elevations shall
alternate every four (4) homes on the same side of a street and
every three (3) homes on opposite sides of the street.
Illustrative examples of the elevations and floor plans for Type
A Lots are attached hereto as Exhibit "F-1".
S. Accessory Structures. Accessory structures used as a
garage, a garage apartment, or guest house, will be allowed.
Accessory structures shall be subject to the
same exterior construction and architectural
standards as the main dwelling.
Accessory structures shall be separate from the
main dwelling by a minimum of ten (10) feet,
have a minimum rear yard setback of ten (10)
feet, and a minimum side yard setback of eight
(8) feet.
Type B Lots: The area and building standards for Type B Lots are as
follows and as set forth in Table 1:
A. Minimum Lot Size. The minimum lot size for Type B Lots shall
be nine thousand (9,000) square feet. A typical lot will be 70' x
128', but may vary as long as requirements in Table 1 are
accommodated.
B. Minimum Lot Width. The minimum lot width for Type B Lots
shall be seventy (70) feet.
C. Minimum Yard Setbacks.
Minimum Front yard Setback: The minimum
front yard setback for Type B Lots shall be
twenty-five (25) feet. The minimum front yard
and rear yard requirements for staggering the
front yards, as set forth in Section 9.3.F of the
Town's Zoning Ordinance, as amended shall
apply to Type B Lots.
Minimum Side yard Setback:
(a) The minimum side yard setback for Type
B Lots shall be eight (8) feet.
(b) For courtyard homes, as defined herein,
the minimum side yard setback shall be
fourteen (14) feet for one side and two (2)
Ordinance No. 2020-02, Page 30
feet for the other side yard. Windows on
the 2' side of the courtyard home will not
be allowed unless they are opaque or
consist of glass block.
(c) For corner lots, the minimum side yard
setback shall be fifteen (15) feet.
iii. Minimum Rear yard Setback:
(a) The minimum rear yard setback shall be
twenty-five (25) feet.
(b) For Courtyard Homes, as defined herein,
the minimum rear yard setback is ten (10)
feet for a maximum number of lots not to
exceed one hundred and ten (110) Type
B lots.
iv. Permitted Encroachment. Architectural
features and porches may encroach into
required front and rear yards up to five (5) feet.
Swing -in garages may encroach into required
front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front
fagade of the main structure, but may not
encroach into the required front yard.
D. Minimum Floor Space. Each dwelling constructed on a Type
B Lot shall contain a minimum of two thousand, one hundred
(2,100) square feet of floor space. Floor space shall include air-
conditioned floor areas, exclusive of porches, garages, patios,
terraces or breezeways attached to the main dwelling
E. Height• The maximum height for structures on Type B Lots
shall be forty (40) feet.
F. Courtyard Home Option. Courtyard Homes, which are
defined as homes having an open-air courtyard surrounded on
three sides by the home, are permitted.
G. Driveways. Driveways fronting on a street on Type B Lots shall
be constructed of the following materials: concrete, brick
pavers, stone, interlocking pavers, stamped concrete, or
concrete with stone or brick border.
H. Exterior Surfaces.
The exterior facades of
structure, excluding glass
shall be constructed of
a main building or
windows and doors,
one hundred (100)
Ordinance No. 2020-02, Page 31
percent masonry. Cementitious fiber board is
considered masonry, but may only constitute fifty
(50) percent of the area for stories other than the
first story. However, cementitious fiber board
may not be used as a fagade cladding material
for portions of upper stories that are in the same
vertical plane as the first story. Cementitious
fiber board may also be used for architectural
features, including window box -outs, bay
windows, roof dormers, garage door headers,
columns, chimneys not part of an exterior wall,
or other architectural features approved by the
Director of Development Services.
The surface area of windows surrounded
completely by brick may be included within the
computation of the exterior brick, brick veneer,
stone, or stone veneer wall area of a residence.
Address Plaque. A cast stone address plaque
is required for each Type B Lot. The style of the
cast stone address plaque shall be uniform
throughout each section of development.
iv. Chimneys. On Type B Lots, all exposed
portions of the fire breast, flu and chimney shall
be clad in cementitious lap siding, brick, stone or
stucco. Chimneys located on an exterior wall
must be 100% brick or stone.
V. Stucco. Stucco on structures on Type B Lots
shall be traditional 3-coat process cement
plaster stucco.
vi. EIFS. EIFS (Exterior Insulating and Finish
Process) is not allowed on structures on Type B
Lots.
Windows. All window framing on structures on Type B Lots
shall be bronzed, cream, sand or white anodized aluminum,
vinyl or wood.
Window shutters may be used on structures on
Type B Lots. Window shutters shall be painted,
stained wood, or fiberglass.
No reflective window coverings or treatments
shall be permitted.
Roofing.
Ordinance No. 2020-02, Page 32
Structures constructed on the Type B Lots shall
have a composition, slate, clay tile or
cement/concrete tile roof.
The color of the composition roof must appear to
be weathered wood shingles, black or slate,
unless such other color is approved by the
Director of Development Services.
Composition roof shingles must be laminated
and have a minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a
minimum slope of 8" in 12". Clay tile and
cement/concrete tile roofs shall have a minimum
slope of 3" in 12". Pitch ends shall be 100%
guttered.
K. Garages.
Homes shall have a minimum of two (2) car
garages but no more than four (4). No carports
shall be permitted.
Homes with three (3) or four (4) garages shall not
have more than two (2) garage doors facing the
street.
Garage doors shall be constructed of either
metal or wood.
L. Plate Height. Each structure on a Type B Lot shall have a
minimum principal plate height of 9' on the first floor.
M. Fencing. No fence, wall or hedge on a Type B Lot shall exceed
eight (8) feet in height or be less than four (4) feet in height
unless otherwise specifically required by the Town of Prosper.
All Type B Lots backing or siding to Open Space
shall have a decorative metal fence abutting to
said open space.
All other fencing shall be constructed of cedar,
board on board with a top rail, and shall be
supported with galvanized steel posts. A
common fence stain color as well as fence detail
shall be established for the community by the
developer.
Ordinance No. 2020-02, Page 33
N. Landscaping.
No fencing shall extend beyond a point ten feet
(10') behind the front wall plane of the structure
into the front yard.
A minimum of nine (9) caliper inches of trees
shall be planted on all Type B Lots.
A minimum of two (2) three inch (Y) caliper trees
shall be located in the front yard.
Corner lots adjacent to a street shall plant (1)
additional tree in the side yard.
iv. Trees shall be a minimum of three caliper inches
(Y) as measured at 1 foot above grade.
V. The front, side and rear yard must be irrigated by
a programmable irrigation system and sodded
with grass.
O. Mailboxes. Mailboxes on a Type B Lot shall be consistent with
the theme for the street and with the materials of the home on
the respective lot, unless otherwise required by USPS (United
States Postal Service).
P. Satellite Dishes. Satellite dishes, limited to eighteen inches
(18") in diameter or smaller, mounted below the ridgeline on the
roof, and not in public view from the front of the home are
permitted on Type B Lots.
Q. Air Conditioners. No window or wall air conditioning units will
be permitted on structures on Type B Lots. Outside condensing
units (compressors) which are not located within a privacy
fenced area shall be screened by shrubbery save and except
access and service space to the condensing units which may
not be visible from the street.
R. Plan Elevations. On Type B Lots, plan elevations shall
alternate every four (4) homes on the same side of a street and
every three (3) homes on opposite sides of the street.
Illustrative examples of the elevations and floor plans for Type
B Lots are attached hereto as Exhibit "F-2".
S. Accessory Structures. Accessory structures used as a
garage, a garage apartment, or guest house, will be allowed.
Accessory structures shall be subject to the
same exterior construction and architectural
standards as the main dwelling.
Ordinance No. 2020-02, Page 34
Accessory structures shall be separate from the
main dwelling by a minimum of ten (10) feet,
have a minimum rear yard setback of ten (10)
feet, and a minimum side yard setback of eight
(8) feet.
C. Type C Lots: The area and building standards for Type C Lots are as
follows and as set forth in Table 1:
A. Minimum Lot Size. The minimum lot size for Type C Lots shall
be ten thousand, five hundred (10,500) square feet. A typical
lot will be 80' x 131', but may vary as long as the requirements
of Table 1 are accommodated.
B. Minimum Lot Width. The minimum lot width for Type C Lots
shall be eighty (80) feet.
C. Minimum Yard Setbacks.
Minimum Front yard Setback: The minimum
front yard setback for Type C Lots shall be
twenty-five (25) feet. The minimum front yard
and rear yard requirements for staggering the
front yards, as set forth in Section 9.3.F of the
Town's Zoning Ordinance, as amended shall
apply to Type C Lots.
Minimum Side yard Setback:
(a) The minimum side yard setback for Type
C Lots shall be eight (8) feet.
(b) For courtyard homes, as defined herein,
the minimum side yard setback shall be
fourteen (14) feet for one side and two (2)
feet for the other side yard. Windows on
the 2' side of the courtyard home will not
be allowed unless they are opaque or
consist of glass block.
(c) For corner lots, the minimum side yard
setback shall be fifteen (15) feet.
iii. Minimum Rear yard Setback:
(a) The minimum rear yard setback shall be
twenty-five (25) feet.
(b) For Courtyard Homes, as defined herein,
the minimum rear yard setback is ten (10)
feet for a maximum number of lots not to
Ordinance No. 2020-02, Page 35
exceed one hundred ten (110) Type C
lots.
iv. Permitted Encroachment. Architectural
features and porches may encroach into
required front and rear yards up to five (5) feet.
Swing -in garages may encroach into required
front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front
fagade of the main structure, but may not
encroach into the required front yard.
D. Minimum Floor Space. Each dwelling constructed on a Type
C Lot shall contain a minimum of two thousand, three hundred
(2,300) square feet of floor space. Floor space shall include air-
conditioned floor areas, exclusive of porches, garages, patios,
terraces or breezeways attached to the main dwelling
E. Height. The maximum height for structures on Type C Lots
shall be forty-five (45) feet.
F. Courtyard Home Option. Courtyard Homes, which are
defined as homes having an open-air courtyard surrounded on
three sides by the home, are permitted.
G. Driveways. Driveways fronting on a street on Type C Lots shall
be constructed of the following materials: concrete, brick
pavers, stone, interlocking pavers, stamped concrete, or
concrete with stone or brick border.
H. Exterior Surfaces.
The exterior facades of a main building or
structure, excluding glass windows and doors,
shall be constructed of one hundred (100)
percent masonry. Cementitious fiber board is
considered masonry, but may only constitute fifty
(50) percent of the area for stories other than the
first story. However, cementitious fiber board
may not be used as a faqade cladding material
for portions of upper stories that are in the same
vertical plane as the first story. Cementitious
fiber board may also be used for architectural
features, including window box -outs, bay
windows, roof dormers, garage door headers,
columns, chimneys not part of an exterior wall,
or other architectural features approved by the
Director of Development Services.
The surface area of windows surrounded
completely by brick may be included within the
Ordinance No. 2020-02, Page 36
computation of the exterior brick, brick veneer,
stone, or stone veneer wall area of a residence.
Address Plaque. A cast stone address plaque
is required for each Type C Lot. The style of the
cast stone address plaque shall be uniform
throughout each section of development.
iv. Chimneys. On Type C Lots, all exposed
portions of the fire breast, flu and chimney shall
be clad in cementitious lap siding, brick, stone or
stucco. Chimneys located on an exterior wall
must be 100% brick or stone.
V. Stucco. Stucco on structures on Type C Lots
shall be traditional 3-coat process cement
plaster stucco.
vi. EIFS. EIFS (Exterior Insulating and Finish
Process) is not allowed on structures on Type C
Lots.
Windows. All window framing on structures on Type C Lots
shall be bronzed, cream, sand or white anodized aluminum,
vinyl or wood.
Window shutters may be used on structures on
Type C Lots. Window shutters shall be painted,
stained wood, or fiberglass.
ii. No reflective window coverings or treatments
shall be permitted.
J. Roofing.
Structures constructed on the Type C Lots shall
have a composition, slate, clay tile or
cement/concrete tile roof.
ii. The color of the composition roof must appear to
be weathered wood shingles, black or slate,
unless such other color is approved by the
Director of Development Services.
Composition roof shingles must be laminated
and have a minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a
minimum slope of 8" in 12". Clay tile and
cement/concrete tile roofs shall have a minimum
Ordinance No. 2020-02, Page 37
K. Garages.
slope of 3" in 12". Pitch ends shall be 100%
guttered.
Homes shall have a minimum of two (2) car
garages but no more than four (4). No carports
shall be permitted.
ii. Homes with three (3) or four (4) garages shall not
have more than two (2) garage doors facing the
street.
Garage doors shall be constructed of metal or
wood.
L. Plate Height. Each structure on a Type C Lot shall have a
minimum principal plate height of 10' on the first floor.
M. Fencing. No fence, wall or hedge on a Type C Lot shall exceed
eight (8) feet in height or be less than four (4) feet in height
unless otherwise specifically required by the Town of Prosper.
All Type C Lots backing or siding to Open Space
shall have a decorative metal fence abutting to
said open space.
ii. All other fencing shall be constructed of cedar,
board on board with a top rail, and shall be
supported with galvanized steel posts. A
common fence stain color as well as fence detail
shall be established for the community by the
developer.
N. Landscaping.
No fencing shall extend beyond a point ten feet
(10') behind the front wall plane of the structure
into the front yard.
A minimum of nine (9) caliper inches of trees
shall be planted on all Type C Lots.
ii. A minimum of two (2) three inch (3") caliper trees
shall be located in the front yard.
Corner lots adjacent to a street shall plant (1)
additional tree in the side yard.
iv. Trees shall be a minimum of three caliper inches
(Y) as measured at 1 foot above grade.
Ordinance No. 2020-02, Page 38
V. The front, side and rear yard must be irrigated by
a programmable irrigation system and sodded
with grass.
O. Mailboxes. Mailboxes on a Type C Lot shall be consistent with
the theme for the street and with the materials of the home on
the respective lot, unless otherwise required by USPS (United
States Postal Service).
P. Satellite Dishes. Satellite dishes, limited to eighteen inches
(18") in diameter or smaller, mounted below the ridgeline on the
roof, and not in public view from the front of the home are
permitted on Type C Lots.
Q. Air Conditioners. No window or wall air conditioning units will
be permitted on structures on Type C Lots. Outside condensing
units (compressors) which are not located within a privacy
fenced area shall be screened by shrubbery save and except
access and service space to the condensing units which may
not be visible from the street.
R. Plan Elevations. On Type C Lots, plan elevations shall
alternate every four (4) homes on the same side of a street and
every three (3) homes on opposite sides of the street.
Illustrative examples of the elevations and floor plans for Type
C Lots are attached hereto as Exhibit "F-3".
S. Accessory Structures. Accessory structures used as a
garage, a garage apartment, or guest house, will be allowed.
Accessory structures shall be subject to the
same exterior construction and architectural
standards as the main dwelling.
Accessory structures shall be separate from the
main dwelling by a minimum of ten (10) feet,
have a minimum rear yard setback of ten (10)
feet, and a minimum side yard setback of eight
(8) feet.
d. Type D Lots: The area and building standards for Type D Lots are as
follows and as set forth in Table 1:
A. Minimum Lot Size. The minimum lot size for Type D Lots shall
be twelve thousand, five hundred (12,500) square feet. A
typical lot will be 90' x 138', but may vary as long as
requirements Table 1 are accommodated.
B. Minimum Lot Width. The minimum lot width for Type D Lots
shall be ninety (90) feet.
Ordinance No. 2020-02, Page 39
C. Minimum Yard Setbacks.
Minimum Front yard Setback: The minimum
front yard setback for Type D Lots shall be
twenty-five (25) feet. The minimum front yard
and rear yard requirements for staggering the
front yards, as set forth in Section 9.3.F of the
Town's Zoning Ordinance, as amended shall
apply to Type D Lots.
Minimum Side yard Setback:
(a) The minimum side yard setback for Type
D Lots shall be eight (8) feet.
(b) For corner lots, the minimum side yard
setback shall be fifteen (15) feet.
Minimum Rear yard Setback: The minimum
rear yard setback shall be twenty-five (25) feet.
iv. Permitted Encroachment. Architectural
features and porches may encroach into
required front and rear yards up to five (5) feet.
Swing -in garages may encroach into required
front yards up to ten (10) feet. Front facing
garages are permitted to extend to the front
fagade of the main structure, but may not
encroach into the required front yard.
D. Minimum Floor Space. Each dwelling constructed on a Type
D Lot shall contain a minimum of two thousand, six hundred
(2,600) square feet of floor space. Floor space shall include air-
conditioned floor areas, exclusive of porches, garages, patios,
terraces or breezeways attached to the main dwelling
E. Height. The maximum height for structures on Type D Lots
shall be forty-five (45) feet.
F. Driveways. Driveways fronting on a street on Type D Lots shall
be constructed of the following materials: concrete, brick
pavers, stone, interlocking pavers, stamped concrete, or
concrete with stone or brick border.
G. Exterior Surfaces.
The exterior facades of a main building or
structure, excluding glass windows and doors,
shall be constructed of one hundred (100)
percent masonry. Cementitious fiber board is
considered masonry, but may only constitute fifty
Ordinance No. 2020-02, Page 40
(50) percent of the area for stories other than the
first story. However, cementitious fiber board
may not be used as a fagade cladding material
for portions of upper stories that are in the same
vertical plane as the first story. Cementitious
fiber board may also be used for architectural
features, including window box -outs, bay
windows, roof dormers, garage door headers,
columns, chimneys not part of an exterior wall,
or other architectural features approved by the
Building Official.
ii. The surface area of windows surrounded
completely by brick may be included within the
computation of the exterior brick, brick veneer,
stone, or stone veneer wall area of a residence.
Address Plaque. A cast stone address plaque
is required for each Type D Lot. The style of the
cast stone address plaque shall be uniform
throughout each section of development.
iv. Chimneys. On Type D Lots, all exposed
portions of the fire breast, flu and chimney shall
be clad in cementitious lap siding, brick, stone or
stucco. Chimneys located on an exterior wall
must be 100% brick or stone.
V. Stucco. Stucco on structures on Type D Lots
shall be traditional 3-coat process cement
plaster stucco.
vi. EIFS. EIFS (Exterior Insulating and Finish
Process) is not allowed on structures on Type D
Lots.
H. Windows. All window framing on structures on Type D Lots
shall be bronzed, cream, sand or white anodized aluminum,
vinyl or wood.
Window shutters may be used on structures on
Type D Lots. Window shutters shall be painted,
stained wood, or fiberglass.
ii. No reflective window coverings or treatments
shall be permitted.
Roofing.
Ordinance No. 2020-02, Page 41
Structures constructed on the Type D Lots shall
have a composition, slate, clay tile or
cement/concrete tile roof.
The color of the composition roof must appear to
be weathered wood shingles, black or slate,
unless such other color is approved by the
Director of Development Services.
Composition roof shingles must be laminated
and have a minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a
minimum slope of 8" in 12". Clay tile and
cement/concrete tile roofs shall have a minimum
slope of 3" in 12". Pitch ends shall be 100%
guttered.
Garages.
Homes shall have a minimum of two (2) car
garages but no more than four (4). No carports
shall be permitted.
Homes with three (3) or four (4) garages shall not
have more than two (2) garage doors facing the
street.
Garage doors shall be constructed of metal or
wood.
K. Plate Height. Each structure on a Type D Lot shall have a
minimum principal plate height of 10' on the first floor.
L. Fencing. No fence, wall or hedge on a Type D Lot shall exceed
eight (8) feet in height or be less than four (4) feet in height
unless otherwise specifically required by the Town of Prosper.
All Type D Lots backing or siding to Open Space
shall have a decorative metal fence abutting to
said open space.
All other fencing shall be constructed of cedar,
board on board with a top rail, and shall be
supported with galvanized steel posts. A
common fence stain color as well as fence detail
shall be established for the community by the
developer.
Ordinance No. 2020-02, Page 42
M. Landscaping.
No fencing shall extend beyond a point ten feet
(10') behind the front wall plane of the structure
into the front yard.
A minimum of nine (9) caliper inches of trees
shall be planted on all Type D Lots.
A minimum of two (2) three inch (Y) caliper trees
shall be located in the front yard.
Corner lots adjacent to a street shall plant (1)
additional tree in the side yard.
iv. Trees shall be a minimum of three caliper inches
(Y) as measured at 1 foot above grade.
V. The front, side and rear yard must be irrigated by
a programmable irrigation system and sodded
with grass.
N. Mailboxes. Mailboxes on a Type D Lot shall be consistent with
the theme for the street and with the materials of the home on
the respective lot, unless otherwise required by USPS (United
States Postal Service).
O. Satellite Dishes. Satellite dishes, limited to eighteen inches
(18") in diameter or smaller, mounted below the ridgeline on the
roof, and not in public view from the front of the home are
permitted on Type D Lots.
P. Air Conditioners. No window or wall air conditioning units will
be permitted on structures on Type D Lots. Outside condensing
units (compressors) which are not located within a privacy
fenced area shall be screened by shrubbery save and except
access and service space to the condensing units which may
not be visible from the street.
Q. Plan Elevations. On Type D Lots, plan elevations shall
alternate every four (4) homes on the same side of a street and
every three (3) homes on opposite sides of the street.
Illustrative examples of the elevations and floor plans for Type
D. Lots are attached hereto as Exhibit "F-4".
R. Accessory Structures. Accessory structures used as a
garage, a garage apartment, or guest house, will be allowed.
Accessory structures shall be subject to the
same exterior construction and architectural
standards as the main dwelling.
Ordinance No. 2020-02, Page 43
ii. Accessory structures shall be separate from the
main dwelling by a minimum of ten (10) feet,
have a minimum rear yard setback of ten (10)
feet, and a minimum side yard setback of eight
(8) feet.
e. Type E Lots: The area and building standards for Type E Lots are as
follows and as set forth in Table 1:
A. Minimum Lot Size. The minimum lot size for Type E Lots shall
be 6,000 square feet. A typical lot will be 50' x 130', but may
vary as long as requirements in Table 1 are accommodated.
B. Minimum Lot Width. The minimum lot width for Type E Lots
shall be fifty feet (50').
C. Minimum Yard Setbacks.
Minimum Front yard Setback: The minimum
front yard setback for Type E Lots shall be
twenty-five feet (25). The minimum front yard
and rear yard requirements for staggering the
front yards, as set forth in Section 9.3.F of the
Town's Zoning Ordinance, as it currently exists,
shall apply to Type E Lots.
ii. Minimum Side yard Setback:
(a) The minimum side yard setback for Type
E Lots shall be five feet (5).
(b) For corner lots, the minimum side yard
setback shall be fifteen feet (15).
iii. Minimum Rear yard Setback:
(a) The minimum rear yard setback shall be
twenty-five feet (25), with a twenty -foot
(20') rear yard setback allowed on lots
that have a thirty foot (30') front yard
setback.
iv. Permitted Encroachment. Architectural
features and porches may encroach into
required front and rear yards up to ten feet (10').
Swing -in garages may encroach into required
front yards up to ten feet (10'). Front facing
garages are permitted to extend to the front
fagade of the main structure, but may not
encroach into the required front yard.
Ordinance No. 2020-02, Page 44
D. Minimum Floor Space. Each dwelling constructed on a Type
E Lot shall contain a minimum of one thousand seven hundred
(1,700) square feet of floor space. Floor space shall include air-
conditioned floor areas, exclusive of porches, garages, patios,
terraces or breezeways attached to the main dwelling
E. Height. The maximum height for structures on Type E Lots
shall be forty feet (40').
F. Courtyard Home Option. Courtyard Homes, which are
defined as homes having an open-air courtyard surrounded on
three sides by the home, are not permitted.
G. Driveways. Driveways fronting on a street on Type E Lots shall
be constructed of the following materials: concrete, brick
pavers, stone, interlocking pavers, stamped concrete, or
concrete with stone or brick border.
H. Exterior Surfaces.
The exterior facades of a main building or
structure, excluding glass windows and doors,
shall be constructed of one hundred percent
(100%) masonry. Cementitious fiber board may
be used for architectural features, including
window box -outs, bay windows, roof dormers,
garage door headers, columns, chimneys not
part of an exterior wall, or other architectural
features approved by the Director of
Development Services.
The surface area of windows surrounded
completely by brick may be included within the
computation of the exterior brick, brick veneer,
stone, or stone veneer wall area of a residence.
Address Plaque. A cast stone address plaque
is required for each Type E Lot. The style of the
cast stone address plaque shall be uniform
throughout each section of development.
iv. Chimneys. On Type E Lots, all exposed
portions of the fire breast, flu and chimney shall
be clad in cementitious lap siding, brick, stone or
stucco. Chimneys located on an exterior wall
must be one hundred percent (100%) brick or
stone.
V. Stucco. Stucco on structures on Type E Lots
shall be traditional 3-coat process cement
plaster stucco.
Ordinance No. 2020-02, Page 45
vi. EIFS. EIFS (Exterior Insulating and Finish
Process) is not allowed on structures on Type E
Lots.
Windows. All window framing on structures on Type E Lots
shall be bronzed, cream, sand or white anodized aluminum,
vinyl or wood.
Roofing.
Window shutters may be used on structures on
Type E Lots. Window shutters shall be painted,
stained wood, or fiberglass.
No reflective window coverings or treatments
shall be permitted.
Structures constructed on the Type E Lots shall
have a composition, slate or tile roof.
The color of the composition roof must appear to
be weathered wood shingles, black or slate,
unless such other color is approved by the
Director of Development Services.
Composition roof shingles must be laminated
and have a minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a
minimum slope of 8" in 12". Clay tile roofs shall
have a minimum slope of 3" in 12". Pitch ends
shall be 100% guttered.
V. A minimum of twenty-five percent (25%) of Type
E Lots, shall have a main roof pitch greater than
8:12.
K. Garages.
Homes shall have a garage sized for a maximum
of two (2) cars in width. Three (3) car garages
are acceptable by incorporating a tandem spot.
Carports or three (3) car front facing garages
shall not be permitted.
Homes with two (2) single car width garage
doors facing the street shall have such garage
doors separated by a masonry column of no less
than twelve inches (12') in width.
Ordinance No. 2020-02, Page 46
iii. Garage doors shall have a minimum frontyard
setback of twenty-five feet (25).
iv. A minimum of fifty percent (50%) shall have two
(2) single garage doors split by a masonry
column.
V. A maximum two (2) garage spaces shall face the
street.
vi. Garage doors shall be constructed of wood, or a
material that gives the appearance of a real
wood door. Materials may consist of paint or
stain grade wood (Cedar, Ash, Hemlock, etc.) or
other material, including fiberglass or steel, that
when stained or painted gives the appearance of
a real wood door.
vii. Two of the following garage door upgrades shall
be incorporated:
(a) Carriage style door designs giving the
appearance of a classic swing -open design
with the flexibility of an overhead door
operation
(b) Doors incorporating decorative hardware
(c) Doors with windows
L. Plate Height. Each structure on a Type E Lot shall have a
minimum principal plate height of nine feet (9') on the first floor.
M. Fencing. No fence, wall or hedge on a Type E Lot shall exceed
eight feet (8') in height or be less than four feet (4') in height
unless otherwise specifically required by the Town of Prosper.
All Type E Lots backing or siding to Open Space
shall have a decorative metal fence abutting to
said open space.
All other fencing shall be constructed of cedar,
board on board with a top rail, and shall be
supported with galvanized steel posts. A
common fence stain color as well as fence detail
shall be established for the community by the
developer.
iii. No fencing shall extend beyond a point ten feet
(10') behind the front wall plane of the structure
into the front yard.
Ordinance No. 2020-02, Page 47
N. Landscapinn.
A minimum of six caliper inches (6") of trees shall
be planted on all Type E Lots (inclusive of street
trees).
Corner lots adjacent to a street shall plant (1)
additional tree in the side yard.
iii. Trees shall be a minimum of three caliper inches
(Y) as measured at 1 foot above grade.
iv. The front, side and rear yard must be irrigated by
a programmable irrigation system and sodded
with grass.
V. A minimum of one (1) tree shall be located in the
front yard.
O. Mailboxes. Mailboxes on a Type E Lot shall be consistent with
the theme for the street and with the materials of the home on
the respective lot, unless otherwise required by USPS (United
States Postal Service).
P. Satellite Dishes. Satellite dishes, limited to eighteen inches
(18") in diameter or smaller, mounted below the ridgeline on the
roof, and not in public view from the front of the home are
permitted on Type E Lots.
Q. Air Conditioners. No window or wall air conditioning units will
be permitted on structures on Type E Lots. Outside condensing
units (compressors) which are not located within a privacy
fenced area shall be screened by shrubbery save and except
access and service space to the condensing units which may
not be visible from the street.
R. Plan Elevations. On Type E Lots, plan elevations shall
alternate every fourth (4th) homes on the same side of a street
and every third (3rd) homes on opposite sides of the street.
Illustrative examples of the elevations and floor plans for Type
E Lots are attached hereto as Exhibit "F-5".
S. Accessory Structures. Accessory structures used as a
garage, a garage apartment, or guest house, will be allowed.
Accessory structures shall be subject to the
same exterior construction and architectural
standards as the main dwelling.
Accessory structures shall be separate from the
main dwelling by a minimum of ten feet (10'),
Ordinance No. 2020-02, Page 48
have a minimum rear yard setback of ten feet
(10'), and a minimum side yard setback of eight
feet (8').
T. Porches. A minimum of twenty-five percent (25%) of Type E
Lots shall have a front porch, subject to the following
regulations.
A minimum of fifteen percent (15%) of homes
along a block face shall have a porch.
ii. The minimum porch depth shall be seven feet
(7').
The minimum porch width for a house with a split
garage door shall be seven feet (7').
iv. The minimum porch width for a house without a
split garage door shall be ten feet (10').
U. House Pad Width. Type E lots shall have a minimum pad width of
thirty-nine feet, six inches (39' 6").
f. Type F Lots: The area and building standards for Type F Lots are as
follows and as set forth in Table 1:
A. Minimum Lot Size. The minimum lot size for Type F Lots shall
be 20,000 square feet. A typical lot will be 120' x 170', but may
vary as long as requirements in Table 1 are accommodated.
B. Minimum Lot Width. The minimum lot width for Type F Lots
shall be one hundred twenty feet (120').
C. Minimum Yard Setbacks.
Minimum Front yard Setback: The minimum
front yard setback for Type F Lots shall be thirty
feet (30'). The minimum front yard and rear yard
requirements for staggering the front yards, as
set forth in Section 9.31 of the Town's Zoning
Ordinance, as amended shall apply to Type F
Lots.
ii. Minimum Side yard Setback:
(a) The minimum side yard setback for Type
F Lots shall be twenty feet (20').
(b) For courtyard homes, as defined herein,
the minimum side yard setback shall be
twenty-six feet (26') for one side and
Ordinance No. 2020-02, Page 49
fourteen feet (14') for the other side yard.
Windows on the 14' side of the courtyard
home will not be allowed unless they are
opaque or consist of glass block.
(c) For corner lots, the minimum side yard
setback shall be twenty-five feet (25').
iii. Minimum Rear yard Setback:
(a) The minimum rear yard setback shall be
thirty feet (30').
(b) For Courtyard Homes, as defined herein,
the minimum rear yard setback is twenty
feet (20').
iv. Permitted Encroachment. Architectural
features and porches may encroach into
required front and rear yards up to ten feet (10').
Swing -in garages may encroach into required
front yards up to fifteen feet (15'). Front facing
garages are permitted to extend to the front
fagade of the main structure, but may not
encroach into the required front yard.
D. Minimum Floor Space. Each dwelling constructed on a Type
F Lot shall contain a minimum of three thousand (3,000) square
feet of floor space if constructed as a single story structure and
three thousand five hundred (3,500) if constructed as a two
story structure. Floor space shall include air-conditioned floor
areas, exclusive of porches, garages, patios, terraces or
breezeways attached to the main dwelling
E. Height. The maximum height for structures on Type F Lots
shall be forty-five feet (45').
F. Courtyard Home Option. Courtyard Homes, which are
defined as homes having an open-air courtyard surrounded on
three sides by the home, are permitted.
G. Driveways. Driveways fronting on a street on Type F Lots shall
be constructed of the following materials: concrete, brick
pavers, stone, interlocking pavers, stamped concrete, or
concrete with stone or brick border.
H. Exterior Surfaces.
The exterior facades of a main building or
structure, excluding glass windows and doors,
shall be constructed of one hundred percent
Ordinance No. 2020-02, Page 50
(100%) masonry. Cementitious fiber board is
considered masonry, but may only constitute fifty
percent (50%) of the area for stories other than
the first story. However, cementitious fiber board
may not be used as a fagade cladding material for
portions of upper stories that are in the same
vertical plane as the first story. Cementitious fiber
board may also be used for architectural features,
including window box -outs, bay windows, roof
dormers, garage door headers, columns,
chimneys not part of an exterior wall, or other
architectural features approved by the Director of
Development Services.
The surface area of windows surrounded
completely by brick may be included within the
computation of the exterior brick, brick veneer,
stone, or stone veneer wall area of a residence.
Address Plaque. A cast stone address plaque
is required for each Type F Lot. The style of the
cast stone address plaque shall be uniform
throughout each section of development.
iv. Chimneys. On Type F Lots, all exposed
portions of the fire breast, flu and chimney shall
be clad in cementitious lap siding, brick, stone or
stucco. Chimneys located on an exterior wall
must be one hundred percent (100%) brick or
stone.
V. Stucco. Stucco on structures on Type F Lots
shall be traditional 3-coat process cement
plaster stucco.
vi. EIFS. EIFS (Exterior Insulating and Finish
Process) is not allowed on structures on Type F
Lots.
Windows. All window framing on structures on Type F Lots
shall be bronzed, cream, sand or white anodized aluminum,
vinyl or wood.
Window shutters may be used on structures on
Type F Lots. Window shutters shall be painted,
stained wood, or fiberglass.
No reflective window coverings or treatments
shall be permitted.
Roofing.
Ordinance No. 2020-02, Page 51
Structures constructed on the Type F Lots shall
have a composition, metal, slate or tile roof.
The color of the composition roof must appear to
be weathered wood shingles, black or slate,
unless such other color is approved by the
Director of Development Services.
Composition roof shingles must be laminated
and have a minimum warranty of 30 years.
iv. The main roof pitch of any structure shall have a
minimum slope of 8" in 12". Clay tile roofs shall
have a minimum slope of 3" in 12". Pitch ends
shall be 100% guttered.
K. Garages.
Homes shall have a minimum of two (2) car
garages but no more than five (5). Rear located
carports shall be permitted.
The maximum width of garage doors allowed to
face the street shall be limited to three (3) car
widths.
iii. Garage doors shall be constructed of either
metal or wood.
L. Plate Height. Each structure on a Type F Lot shall have a
minimum principal plate height of ten feet (10') on the first floor.
M. Fencing. No fence, wall or hedge on a Type F Lot shall exceed
eight feet (8') in height or be less than four feet (4') in height
unless otherwise specifically required by the Town of Prosper.
All Type F Lots backing or siding to Open Space
shall have a decorative metal fence abutting to
said open space.
All other fencing shall be constructed of cedar,
board on board with a top rail, and shall be
supported with galvanized steel posts. A
common fence stain color as well as fence detail
shall be established for the community by the
developer.
iii. No fencing shall extend beyond a point ten feet
(10') behind the front wall plane of the structure
into the front yard.
Ordinance No. 2020-02, Page 52
N. Landscaping.
A minimum of twelve caliper inches (12") of trees
shall be planted on all Type F Lots (inclusive of
street trees).
A minimum of one (1) tree shall be located in the
front yard.
iii. Corner lots adjacent to a street shall plant (1)
additional tree in the side yard.
iv. Trees shall be a minimum of three caliper inches
(Y) as measured at 1 foot above grade.
V. The front, side and rear yard must be irrigated by
a programmable irrigation system and sodded
with grass.
O. Mailboxes. Mailboxes on a Type F Lot shall be consistent with
the theme for the street and with the materials of the home on
the respective lot, unless otherwise required by USPS (United
States Postal Service).
P. Satellite Dishes. Satellite dishes, limited to eighteen inches
(18") in diameter or smaller, mounted below the ridgeline on the
roof, and not in public view from the front of the home are
permitted on Type F Lots.
Q. Air Conditioners. No window or wall air conditioning units will
be permitted on structures on Type F Lots. Outside condensing
units (compressors) which are not located within a privacy
fenced area shall be screened by shrubbery save and except
access and service space to the condensing units which may
not be visible from the street.
R. Plan Elevations. On Type F Lots, specific plan elevations shall
not be repeated within a given platted phase.
S. Accessory Structures. Accessory structures used as a
garage, a garage apartment, or guest house, will be allowed.
Accessory structures shall be subject to the
same exterior construction and architectural
standards as the main dwelling.
Accessory structures shall be separate from the
main dwelling by a minimum of ten feet (10'),
have a minimum rear yard setback of ten feet
(10'), and a minimum side yard setback of eight
feet (8').
Ordinance No. 2020-02, Page 53
TABLE 1
Lot Type A
Lot Type B
Lot Type C
Lot Type D
Lot Type E
Lot Type
F
Min. permitted lot
8,000 sq. ft
9,000 sq. ft.
10,500 sq. ft
12,500 sq. ft.
6,000 sq.ft
20,000 sq.ft.
sizes
Max. permitted
950
1,074
600
160
500
402
number of lots
(maximum of
(maximum of
(maximum of
(maximum of
(shall be
361 lot
511 lots
344 lots
2 lots
permitted in
permitted in
permitted in
permitted in
permitted in
Phases 6
Phases 6
Phases 6
Phases 6
Phases 6
through 9 as
through 9 as
through 9 as
through 9 as
through 9 as
indicated on
indicated on
indicated on
indicated on
indicated on
Exhibit A-3)
Exhibit A-3)
Exhibit A-3)
Exhibit A-3)
Exhibit A-3)
' Max. permitted number of lots are transferrable from smaller Lot Type classifications to larger Lot Type classifications
2 40 lots is also the minimum number of Type F lots required
Min. Front Yard
25 ft.
25 ft.
25 ft.
25 ft.
25 ft.
30 ft.
Min. Side Yard
8 ft. (1472' on
8 ft. (1472' on
8 ft. (1472' on
8 ft.
5 ft.
20 ft.
courtyard
courtyard
courtyard
(26'/14' on
option)
option)
option)
courtyard
option)
Corner Lot
15 ft.
15 ft.
15 ft.
15 ft.
15 ft.
25 ft.
Min. Rear Yard
25 ft.
25 ft.
25 ft.
25 ft.
25 ft.
30 ft.
(10' on
(10' on
(10' on
(Thirty-foot
courtyard
courtyard
courtyard
(30') front
option for no
option for no
option for no
setback,
more than 75
more than 110
more than 110
where a
Type A lots)
Type B lots)
Type C lots)
twenty -foot
(20') rear
setback is
allowed)
Max. Building Height
40 ft.
40 ft.
45 ft.
45 ft.
40 ft.
45 ft.
Max. Lot Coverage
55%
50%
45%
45%
60%
40%
Min. Lot Width
60 ft.
70 ft.
80 ft.
90 ft.
50 ft.
120 ft.
Min. Lot Depth
100 ft.
100 ft.
110 ft.
125 ft.
100 ft.
150 ft.
Min. Dwelling Area
1,900 sq. ft.
2,100 sq. ft.
2,300 sq. ft.
2,600 sq. ft.
1,700 sq. ft.
3,000 sq. ft.
(Single Story)
3,500 sq. ft.
(Two Story)
N/A
N/A
N/A
N/A
Min. Pad Width
N/A
39 ft., 6 in.
Ordinance No. 2020-02, Page 54
3. Mixed -Use Tract
a. Definition: The term `Mixed -Use' as applied to the Mahard Ranch Development
shall include residential and non-residential land uses integrated vertically or
horizontally along the property facing U.S. Highway 380 in a walkable, vibrant
market driven neighborhood, giving residents the opportunity to live, work and
shop in the same community. The architecture of the mixed -use portion of the
development will blend with the surrounding residential neighborhood's style. Non-
residential uses include retail, restaurants and office. Retail uses are primarily
intended to supply the community with everyday convenience goods and services
and shall occur on the ground level of stand alone or integrated buildings. Office
shall include neighborhood service oriented professional, financial, and medical
uses and may occupy ground and/ or upper level building space. Residential land
uses are intended to supply attached housing product helping act as a buffer
between the more intense retail and office uses along U.S. Highway 380 and the
less intense suburban single-family residential product to the north. Principal uses
may include town homes and multi -family (condominiums, live/ work loft
residential, and luxury apartments). However, it is acknowledged that all or a
portion designated as the Mixed Use Tract may develop solely for retail or office
uses. It is intended in these standards to provide the flexibility to develop either a
multiple use project or traditional retail development.
b. Alternative Development Standards. Property within the Mixed Use Tract may
be developed solely for retail uses. The Mixed Use Tract development standards
provide two sets of standards that allow for a pedestrian -oriented multiple use
development (Section 3.c.) or, in the alternative, traditional retail development
(Section 3.d.).
C. Mixed -Use Development Standards (pedestrian -oriented): A maximum of 250
acres of mixed -use development is permitted on the Properties generally located
between U.S. Highway 380 and the collector street (see Exhibit "D"). Development
standards for a mixed -use development for this area within the development are
described below.
a. Permitted Uses. The following uses are permitted within the "Mixed Use"
area: Uses followed by an S are permitted by Specific Use Permit. Uses
followed by a C are permitted subject to conditional development
standards. Conditional development standards are set forth in Chapter 3,
Section 1 of the Town's Zoning Ordinance.
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Commercial S
• Antenna and/or Antenna Non -Commercial, attached to
buildings or water towers (stand -above towers are
prohibited) C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Assisted Care or Living Facility S
• Athletic Stadium or Field, Private S
Ordinance No. 2020-02, Page 55
Athletic Stadium or Field, Public
Bank, Savings and Loan, or Credit Union
Beauty Salon/Barber Shop
Bed and Breakfast Inn
Beer & Wine Package Sales C
Building Material and Hardware Sales, Minor
Building Material and Hardware Sales, Major
Business Service
Caretaker's/Guard's Residence
Civic/Convention Center
Commercial Amusement, Indoor
Community Center
Convenience Store with Gas Pump C
Convenience Store without Gas Pump
Day Care Center, Adult S
Day Care Center, Child S
Drug Stores/Pharmacies
Duplicating Centers, Mailing Services, Etc
Dry Cleaning, Minor
Farmer's Market
Financial Institutions
Fraternal Organization, Lodge, Civic Club, Fraternity, or
Sorority
Furniture, Home Furnishings and Appliance Store
Garage Apartment
Gas Pumps C
Golf Course and/or Country Club
Governmental Office
Gymnastics/Dance Studio
Health/Fitness Center
Helistop S
Home Occupation C
Homebuilder Marketing Center
Hospital
Hotel C
House of Worship
Independent Living Facilities
Laboratory, Medical and Dental.
Insurance Office
Locksmith/Security System Company
Massage Therapy, Licensed
Mini-Warehouse/Public Storage S
Motel S
Multifamily Dwelling (only within the Mixed Use pedestrian
alternative)
Municipal Uses
Museum/Art Gallery
Nursery, Major S
Ordinance No. 2020-02, Page 56
• Nursery, Minor
• Optical Stores — Sales and Services
• Office/Showroom
• Park or Playground
• Pet Day Care
• Post Office Facilities
• Print Shop, Minor
• Private Club S
• Private Recreation Center
• Private Street Development S
• Private Utility, Other Than Listed
• Retirement Housing
• Research and Development Center
• Recycling Collection Point
• Residence Hotel C
• Restaurant or Cafeteria C
• Restaurant, Drive In/ Drive-Thru
• Retail Stores and Shops
• Retail/Service Incidental Use
• Retirement Housing
• School, Private or Parochial
• School, Public
• Single Family Dwelling, Attached (Town home)
• Stealth Antenna, Commercial
• Studio Dwelling
• Temporary Building C
• Theater, Neighborhood
• Theater, Regional
• Veterinarian Clinic and/or Kennel, Indoor
• Winery
b. Multifamily Uses: Multi -family units shall be allowed within the
mixed use area. A maximum of three hundred, (300) multifamily units shall
be allowed within the Mixed Use Tract. If portions of the designated Mixed
Use Tract are developed with multi -family residential housing types, they
shall be developed in accordance with the following criteria:
A. Required Parking: Parking requirements for multi -family
development shall be two spaces per one -bedroom unit, two
spaces per two -bedroom unit, two and one-half spaces per
three -bedroom unit and one-half space per each additional
bedroom per unit. One (1) enclosed parking space per unit will
be provided as part of the multi -family unit configuration.
Enclosed parking will consist of an attached or detached garage
or parking structure screened from public view.
B. Exterior Facade Building Materials: All buildings within a
multifamily development shall have an exterior finish of stone,
stucco, brick, tile, concrete, glass or similar materials or any
Ordinance No. 2020-02, Page 57
combination thereof. The use of cementitious fiber board as a
primary exterior building material shall be limited to a maximum
of fifteen percent of the total exterior wall surfaces. All exterior
finishes of buildings within a multifamily development shall have
a minimum of ten percent (10%) stone accents.
C. Controlled Access: All multi -family developments that contain
limited gated access shall locate all gate controls, card pads and
intercom boxes in driveway islands in a manner that provides a
minimum of one hundred (100) feet of stacking distance from
the gate. Such driveway islands shall also contain a break that
allows for vehicular u-turn movements back onto a public street.
C. Townhouse Uses: Townhouse units shall be allowed within the mixed use
area or single family area as a buffer between non-residential and single
family development. A maximum of three hundred (300) townhouse units
shall be allowed. Townhouse units constructed in Single Family
Residential Tract do not count against the maximum lot count of 3,500
single family lots. If portions of the designated mixed -use area are
developed with townhouse residential housing types, they shall be
developed in accordance with the following criteria:
A. Required Parking: Parking requirements for townhouse
development shall be two spaces per one -bedroom unit, two
spaces per two -bedroom unit, two and one-half spaces per
three -bedroom unit and one-half space per each additional
bedroom per unit. Two (2) enclosed parking spaces per unit will
be provided as part of the townhouse unit configuration.
Enclosed parking will consist of an attached or detached garage
or parking structure screened from public view.
B. Exterior Facade Building Materials: All buildings within a
townhouse development shall have an exterior finish of stone,
stucco, brick, tile, concrete, glass or similar materials or any
combination thereof. The use of cementitious fiber board as a
primary exterior building material shall be limited to a maximum
of fifteen percent of the total exterior wall surfaces. All exterior
finishes of buildings within a townhouse development shall have
a minimum of ten percent (10%) stone accents.
C. Controlled Access: All townhouse developments that contain
limited gated access shall locate all gate controls, card pads and
intercom boxes in driveway islands in a manner that provides a
minimum of one hundred (100) feet of stacking distance from
the gate. Such driveway islands shall also contain a break that
allows for vehicular u-turn movements back onto a public street.
d. Residential development standards: Development shall be in
accordance with the following table:
Ordinance No. 2020-02, Page 58
Residential Product Type
Multi -family not on
Development Requirement
Townhouse
the second story of
other uses
Max. Gross Density
10.0 du/ac
15.0 du/ac
Min. Lot Area
1,000 sq. ft.
1 acre.
Min. Lot Width
20'
100,
Min. Lot Depth
50'
150'
Min. Front Setback
0'
20"
Min. Rear Setback
20'
20"
Min. Side Setback (interior lot)
0'
20"
Min. Side Setback (corner lot)
15'
25"
Max. Lot Coverage
80%
70%
Min. Floor Area / Dwelling Unit
1,200 sq. ft.
650 sq. ft.
Max. Building Height / No. of
48' / 32
48' / 3
stories'
Min. Open Space
20%
30%
Multifamily setbacks include:
a. Fifty (50) feet for one (1) or two (2) story structures adjacent to
property lines with a single family residential use.
b. One hundred and fifty (150) feet for three (3) story structures
adjacent to property lines with a single family residential use.
2 The maximum height of any building within 60 feet of a property line with
a single family residential use shall be 36 feet or 2 stories.
e. Non-residential uses
A. Required Parking: The total parking required shall be the sum
of the specific parking space requirement for each use included
within the Mixed Use Tract as required by Zoning Ordinance No.
05-20 as it currently exists or as amended.
B. Exterior Facade Building Materials: All main buildings shall
have an exterior finish of stone, stucco, brick, tile, concrete,
glass or similar materials or any combination thereof.
Cementitious fiber board may only be used as an accent
material subject to 10% of a fagade.
C. Commercial and Retail Development Standards: Development
regulations for development within the Mixed Use Tract are
intended to allow mixed use development consisting of vertically
and horizontally integrated retail, office, service and residential
uses. Typically referred to as "new urbanism" -style
development, this type of development is characterized by
pedestrian -scaled development offering multiple services and
amenities with unique landscape and streetscape design.
Development for non-residential land uses shall conform to the
following:
Ordinance No. 2020-02, Page 59
Floor Area: The allowable floor area of buildings
within the mixed -use area shall be unlimited,
provided that all conditions described herein are
met.
Lot Area: There is no minimum lot area.
Lot Coverage: In no case shall the combined
areas of the main buildings and accessory
buildings cover more than 90% of the total lot
area. Parking facilities shall be excluded from lot
coverage computation.
iv. Lot Width: There is no minimum lot width.
V. Lot Depth: There is no minimum lot depth.
vi. Front Yard: The minimum depth of the front yard
shall be ten (10) feet
vii. Side Yard: No side yard is required unless
vehicular access is provided/required, in which
case the side yard shall have a depth of not less
than twelve feet.
A twenty -four -foot minimum side yard shall be
provided where fire lane access is required and
wherever a vehicular access/fire lane easement
is not available on the adjoining property.
viii. Rear Yard: No rear yard is required unless
vehicular access is provided/required, in which
case the rear yard shall have a depth of not less
than twelve feet.
A twenty -four -foot minimum rear yard shall be
provided where fire lane access is required and
wherever a vehicular access/fire lane easement
is not available on the adjoining property.
ix. Building Height: Buildings shall be a maximum
of five (5) stories, not to exceed seventy (70) feet
in height. Architectural features, parapets,
mechanical equipment, chimneys, antennas and
other such architectural projections may extend
above this height limit.
X. Pad Sites. There is no limit on the number of pad
sites within the Mixed Use Tract for retail uses
provided each pad site must satisfy the Area
Requirements.
Ordinance No. 2020-02, Page 60
Architectural.
A. Maximum Building Length -- Buildings shall not be longer than
550 feet without an unconnected physical separation of 25 feet
between another building.
B. Building Articulation -- All buildings should be designed to
emphasize a "base, mid -section, and top." Facades facing
public and private streets and extending greater than one
hundred (100) feet in length shall incorporate wall plane
recesses having a minimum depth of at least three (3) percent
of the length of the facade. Recesses shall comprise at least
twenty-five percent (25%) of the length of the facade. No
uninterrupted length of a facade shall exceed fifty (50) feet in
length.
C. Roof Line Articulation -- Variations in roof lines shall be used to
add interest and reduce the scale of large buildings. Roof
features shall complement the character of the overall
development and shall have at least one of the following
features:
• Parapets concealing flat roofs and rooftop equipment
from public view. The average height shall not exceed
15% of the height of the supporting wall. Parapets shall
feature three dimensional cornice treatment.
• Overhanging eaves, extending no less than three (3)
feet past the supporting walls
• Supporting roofs that do not exceed the average height
of the supporting walls with an average slope no greater
than 3:1 slope.
• Roof dormers interrupting the eave line.
D. Exterior of Buildings
Facades -- All fagades oriented toward rights -of -
ways, drives or public spaces shall have no less
than three of the following elements:
■ Overhangs
■ Canopies or Porticos
■ Recesses/Projections
■ Arcades
■ Raised corniced parapets over the
entrance
■ Peaked roof forms
■ Arches
■ Outdoor patios
■ Display windows
■ Integral planters that incorporate landscaped
areas or seating areas
Ordinance No. 2020-02, Page 61
g. Parking Areas
A. Surface parking lots shall be screened from streets through the
use of screening or liner development such as townhome, live -
work, and loft office units. Parking garages may not be visible
from streets on more than 2 sides of each block. Beyond these
two sides, a development liner (such as loft residential, office,
etc.) shall be constructed to shield the garage from view.
B. Surface Parking Perimeter Screening — All surface parking lots
shall be screened from street view. Such screening shall take
the form of 3 foot, 7-gallon plantings of dense evergreen hedge
at time of installation measured above the grade of the parking
lot.
C. Landscape Medians — All surface parking lots shall have a
landscape median strip with a minimum width of 6 feet
incorporated into the parking lot design to separate the parking
area and drive aisle with direct connection to the street. 1 tree
shall be planted for every 35 linear feet of median.
Service and Equipment Areas. Service areas are zones and loading
docks where servicing of the site takes place and include wall-, ground- or
roof -mounted mechanical or equipment areas.
A. Placement of Service Areas — Service areas shall (i) not front or
be visible from a street, and shall be placed within the building
envelope they serve; or (ii) follow the screening requirements
below. Dumpsters and trash enclosures be placed within a
building's envelope, and no service areas be placed where they
are visible from US Highway 380, Gee Road or Fields Road.
Loading areas must not be located closer than fifty (50) feet to
any single-family lot or public right-of-way, unless wholly within
an enclosed building.
B. Service Area Screening — Off-street loading and service areas
must be placed at the side or rear of buildings and shall be
screened in conformity with the requirements of the Zoning
Ordinance.
C. Service Area Screening Design — In general, the design of all
service area screening shall be complementary to the design of
the building it serves in terms of its material and color.
D. Roof -Mounted Equipment Screening — All roof -mounted
equipment shall be screened from public view through the use
of design features that complement the building they serve in
terms of material and color.
Fencing
Ordinance No. 2020-02, Page 62
A. Fencing Length and Height — The maximum length of a fence
shall be fifty (50) feet without a break of thirty (30) feet. No
fencing shall be above three (3) feet in height.
B. Fencing Material — All fencing must be wrought iron or
decorative steel.
Site Landscaping
A. Street Trees — Street trees shall be planted at an average of
thirty (30) feet on -center across each block face and three and
one-half (3 '/2) feet from the back of curb. These trees shall
have a minimum caliper of four (4) inches at installation, and
shall not be closer than ten (10) feet from a street lamppost.
Street tree material shall follow the recommendation of the
Director of Development Services, and shall generally follow the
type of canopy line created by red oak, live oak, etc. Street
trees shall use a consistent species along both sides of each
block.
B. Tree Planters — Street trees shall be centered within five (5) foot
by ten (10) foot planters as leave -outs within the sidewalk and
screened with either a twelve (12) inch high ornamental steel
fence or brick turn -up edge. Planters shall also consist of
evergreen ground cover and perennial plantings. The street -
facing leading edge of all planters shall be placed one foot, six
inches (1.5 feet) from the face of the curb to allow clearance for
passenger car doors to open.
C. Prior to the issuance of a Certificate of Occupancy for any
building, structure or improvement, all landscaping must be
installed in accordance with the approved corresponding
landscaping plan.
D. Street Lights — Street lights shall be located four (4) feet from
face of curb on average intervals of seventy-five (75) feet along
all block faces. The light fixtures shall be mounted ten (10) to
twelve (12) feet from the finished grade of the sidewalk and shall
be of metal halide type.
E. Bicycle Racks — Bicycle racks shall be provided on 150 foot
intervals of all block faces, clustering at street lamp or building
entry locations.
F. Litter Containers and Benches — Litter containers and benches
shall be provided on 150 foot intervals along all block faces and
clustered at street lamp or building entry locations.
d. Mixed -Use Development Standards (Traditional Retail). Retail development
within the Mixed Use Tract is intended predominately for heavy retail, service, light
intensity wholesale and commercial uses, but excluding warehousing uses. The
Ordinance No. 2020-02, Page 63
nature of uses in this District has operating characteristics and traffic service
requirements generally compatible with typical office, retail, and some residential
environments. Uses in this District may require open, but screened, storage areas
for materials. In the event all or a portion of the Mixed Use Tract is developed solely
for retail uses (i.e. not a mixed use development) then the development for retail
uses shall conform to the following standards:
a. Size of Yards:
1. Minimum Front Yard: thirty (30) feet.
2. Minimum Side Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The
minimum side yard setback may be eliminated for attached retail
buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a
residential district and sixty (60) feet for a two (2) story building
adjacent to a residential district.
C. Thirty (30) feet adjacent to a street.
3. Minimum Rear Yard:
a. Fifteen (15) feet adjacent to a nonresidential district. The
minimum side yard setback may be eliminated for attached retail
buildings on separate lots as shown on an approved site plan.
b. Thirty (30) feet for a one (1) story building adjacent to a
residential district and sixty (60) feet for a two (2) story building
adjacent to a residential district.
Size of Lots:
1. Minimum Size of Lot Area: Ten thousand (10,000) square feet.
2. Minimum Lot Width: One hundred (100) feet.
3. Minimum Lot Depth: One hundred (100) feet.
C. Maximum Height: Two (2) stories, no greater than forty (40) feet.
d. Lot Coverage: Fifty (50) percent.
e. Floor Area Ratio: Maximum 0.5:1.
Permitted Uses: Uses followed by an S are permitted by Specific Use
Permit. Uses followed by a C are permitted subject to conditional
development standards. Conditional development standards are set forth
in Chapter 3, Section 1 of the Town's Zoning Ordinance:
• Accessory Building
• Administrative, Medical, or Professional Office
• Antenna and/or Antenna Support Structure, Commercial C
• Antenna and/or Antenna Support Structure, Non -Commercial C
• Antique Shop and Used Furniture
• Artisan's Workshop
• Assisted Care or Living Facility S
Ordinance No. 2020-02, Page 64
• Athletic Stadium or Field, Private S
• Athletic Stadium or Field, Public
• Auto Parts Sales, Inside
• Automobile Paid Parking Lot/Garage
• Automobile Parking Lot/Garage
• Automobile Repair, Major S
• Automobile Repair, Minor
• Automobile Sales, Used S
• Automobile Sales/Leasing, New S
• Bank, Savings and Loan, or Credit Union
• Beauty Salon/Barber Shop
• Bed and Breakfast Inn
• Beer & Wine Package Sales C
• Bottling Works
• Building Material and Hardware Sales, Major
• Building Material and Hardware Sales, Minor
• Bus Terminal C
• Business Service
• Cabinet/Upholstery Shop
• Caretaker's/Guard's Residence
• Cemetery or Mausoleum S
• Civic/Convention Center
• College, University, Trade, or Private Boarding School
• Commercial Amusement, Indoor
• Commercial Amusement, Outdoor S
• Community Center
• Convenience Store with Gas Pumps C
• Convenience Store without Gas Pumps
• Dance Hall S
• Day Care Center, Adult S
• Day Care Center, Child C
• Day Care Center, Incidental S
• Dry Cleaning, Minor
• Equipment and Machinery Sales and Rental, Minor
• Fairgrounds/Exhibition Area S
• Farm, Ranch, Stable, Garden, or Orchard
• Farmer's Market
• Feed Store
• Flea Market, Inside
• Flea Market, Outside S
• Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority
• Furniture Restoration
• Furniture, Home Furnishings and Appliance Store
• Gas Pumps C
• General Manufacturing/Industrial Use Complying with Performance
Standards S
• Golf Course and/or Country Club
• Governmental Office
• Gunsmith
• Gymnastics/Dance Studio
• Health/Fitness Center
Ordinance No. 2020-02, Page 65
• Homebuilder Marketing Center
• Hospital
• Hotel C
• House of Worship
• Indoor Gun Range S
• Insurance Office
• Limited Assembly and Manufacturing Use Complying with Performance
Standards
• Locksmith/Security System Company
• Machine Shop
• Massage Therapy, Licensed
• Mini-Warehouse/Public Storage S
• Mobile Food Vendor C
• Mortuary/Funeral Parlor
• Motel C
• Motorcycle Sales/Service S
• Municipal Uses Operated by the Town of Prosper
• Museum/Art Gallery
• Nursery, Major S
• Nursery, Minor
• Office and Storage Area for Public/Private Utility
• Office/Showroom
• Office/Warehouse/Distribution Center
• Open Storage (subject to Chapter 4, Section 5 of the Zoning Ordinance)
• Park or Playground
• Pawn Shop
• Pet Day Care C
• Print Shop, Major S
• Print Shop, Minor
• Private Club
• Private Recreation Center
• Private Utility, Other Than Listed
• Recreational Vehicle Sales and Service, New/Used S
• Recreational Vehicle/Truck Parking Lot or Garage S
• Recycling Collection Point
• Rehabilitation Care Institution S
• Research and Development Center C
• Residence Hotel C
• Restaurant or Cafeteria
• Restaurant, Drive In
• Retail Stores and Shops
• Retail/Service Incidental Use
• School District Bus Yard C
• School, Private or Parochial
• School, Public
• Sewage Treatment Plant/Pumping Station S
• Small Engine Repair Shop
• Stealth Antenna, Commercial C
• Storage or Wholesale Warehouse S
• Taxidermist
• Telephone Exchange
Ordinance No. 2020-02, Page 66
• Temporary Building C
• Theater, Neighborhood
• Theater, Regional
• Trailer Rental S
• Transit Center S
• Truck Sales, Heavy Trucks S
• Utility Distribution/Transmission Facility S
• Veterinarian Clinic and/or Kennel, Indoor
• Veterinarian Clinic and/or Kennel, Outdoor
• Water Treatment Plant S
• Winery
4. Parkland
a. Parkland shall consist of the following types:
i. Neighborhood Park,
ii. Open space,
iii. Community Park containing a minimum of fifty (50) acres, and
b. The schedule for providing Parkland shall be as follows:
Neighborhood Park: The Neighborhood Parks shall be dedicated
to the Town for public use and constructed simultaneously with the
construction of the Public Improvements contained within the
platted area in which the Neighborhood Parks is/are located.
Developer shall, after consultation with the Town, use reasonable
efforts to situate Neighborhood Parks adjacent to School Areas,
with the specific location being subject to approval by the Town,
which may not be unreasonably withheld, delayed, condition or
denied.
Open Space: Open Space identified on a General Development
Plan shall be dedicated to the Town for public use, or reserved for
private use by Developer, upon the earlier of: (A) within a
reasonable period of time after receiving a written request by the
Town for such dedication or reservation, such request being based
upon the Park Plan in accordance with the General Development
Plan wherein such Open Space is located; or (B) upon recordation
of a final plat in which such Open Space is located, provided
Developer owns the Open Space to be dedicated or reserved. If
Developer is not the owner of the Open Space to be dedicated or
reserved, the Owners shall, unless otherwise required herein, be
required to comply with such requirements as set forth in the
Subdivision Ordinance when the Properties, or portions thereof,
develop.
Community Park: Within three (3) years from the Effective Date of
the Pre -annexation Agreement, the Community Park shall be
Ordinance No. 2020-02, Page 67
5
dedicated to the Town upon the earlier of: (A) within ninety (90)
days of receiving a written request by the Town for such dedication;
or (B) at the time the adjacent streets are dedicated to the Town
provided Developer owns the land identified as the Community
Park; provided, however, the Parties agree that the Community
Park dedication shall be in cooperation with and furtherance of the
Town's overall park grant efforts. Notwithstanding anything to the
contrary herein, if the Developer has not dedicated the Community
Park by the time prescribed in the preceding sentence, Owners as
applicable, shall dedicate, at absolutely no cost to the Town, the
Community Park within three (3) months of a written request by the
Town for such dedication. Town shall be fully responsible for
Maintenance Obligations of the Community Park upon the Town's
acceptance of the dedication. The Town will, within a reasonable
time, after receiving the proposed conveyance instrument, provide
the Developer and/or Owner, as applicable, written notice of the
Town's acceptance of the dedicated Community Park.
C. Parkland reserved for private use shall be owned and maintained by a
homeowners association, or other entity, and made available to owners, tenants,
residents, occupants and members within the Properties and to their guests and
invitees.
d. Permitted uses within the Parkland are active and passive recreation uses
including, but not limited to the following:
• trails,
• playfields,
• game courts,
• golf courses,
nature centers,
• outdoor education centers,
• community gardens, and
• trail amenities.
General Requirements for the Mahard Ranch.
a. Amenities: The intent of these development standards regarding the provision of
amenities is for an integration of built and natural elements working together as a
system that provides for the active and passive recreational needs of the Mahard
Ranch community specifically and of the Town of Prosper generally. The
distribution of natural beauty throughout the development, exemplified by mature
trees and areas of rolling topography, provides the opportunity for a community -
wide trail punctuated with nodes of built improvements such as pocket parks. In
this way, neighborhood is linked to neighborhood and the Mahard Ranch
community is linked to the Town.
To help preserve the open character of the Town of Prosper, it is the intent of
these development standards that a significant amount of natural open space,
particularly amid the floodplain and other sensitive land, be set aside to provide
Ordinance No. 2020-02, Page 68
additional open space for Mahard Ranch and for the Town. Design elements in
these areas should support non -programmed passive recreational activities such
as walking and picnicking.
b. Development Plan: A Conceptual Development Plan is hereby attached (Exhibit
"D") and made a part of these development standards. It establishes the most
general guidelines for the district by identifying the project boundaries, land use
types, approximate thoroughfare locations, R.O.W. dedication, roads and
illustrates the integration of these elements into a master plan for the whole district.
C. Maintenance of Facilities: The Developers shall establish a Homeowner's
Association ("HOK) for single family residential areas and a Property Owner's
Association ("POK) for mixed use areas, in which membership is mandatory for
each lot, and that will be responsible for operation and maintenance of all common
areas and/or common facilities contained within the area of the respective
residential or mixed use development or adjacent Right -of -Way ("ROW"). The HOA
or POA will be created with Phase 1 and each subsequent phase shall be annexed
into the association or a separate HOA/POA may be created for each respective
phase at the Developer's discretion. Upon completion of fifty percent (50%)
buildout of any phase of residential development and creation of the corresponding
HOA, the Developer shall provide that all HOA Boards have an advisory position
to be filled by individual homeowners residing within the corresponding phase.
Prior to transfer of the ownership to the HOA or POA, all specified facilities shall
be constructed by the Developer and approved by the Town. The Developer shall
provide the Town a mandatory HOA/POA agreement that will be recorded in the
deed records of Denton County, Texas. In lieu of the HOA and POA, the Town
and Developer may elect to create another entity to undertake the same
responsibilities of the HOA or POA.
6. Definitions. The definitions of the Town's Zoning Ordinance (as it currently exists or may
be amended) shall apply to these regulations except as otherwise amended herein. For
purposes of these Development Standards, the following terms shall have the following
meaning:
"Masonry" shall mean stone, stucco, brick, tile, concrete, glass or similar materials or any
similar material approved by the Town's Director of Development Services.
"Independent Living Facilities" means a facility containing dwelling units, accessory uses
and support services specifically designated for occupancy by persons 55 years of age or
older, in accordance with the housing for older persons provisions of the Federal Fair
Housing Act of 1988 (42 U.S.C. section 3607 et seq.), as amended, who are fully
ambulatory or who require no medical or personal assistance or supervision. The dwelling
units may consist of either multifamily, single-family detached or attached residences, or
a combination of such uses.
Ordinance No. 2020-02, Page 69
EXHIBIT "D"
Concegt Plan for Mahard Ranch Town of Prosper, Texas
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "D"
Ordinance No. 2020-02, Page 70
EXHIBIT "E"
Development Schedule for Mahard Ranch, Town of Prosper, Texas
The anticipated schedule of development is to provide approximately 350 finished lots of various
Types each 18-month period, beginning March 2009.
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 and acts of
nature, among others.
Planned Development District - Mahard Ranch, Town of Prosper, Texas — Exhibit "E"
Ordinance No. 2020-02, Page 71
EXHIBIT "F"
Illustrative Elevations and Plans for Mahard Ranch, Town of Prosper, Texas
The illustrations that are included with this Exhibit are for the purpose of illustrative example only
and do not constitute exact renderings or plans of the buildings and items depicted.
Ordinance No. 2020-02, Page 72
EXHIBIT "F-1"
The illustrations that are included with this Exhibit are for the purpose of illustrative example only
and do not constitute exact renderings or plans of the buildings and items depicted.
Ordinance No. 2020-02, Page 73
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Ordinance No. 2020-02, Page 75
EXHIBIT "F-2"
The illustrations that are included with this Exhibit are for the purpose of illustrative example only
and do not constitute exact renderings or plans of the buildings and items depicted.
Ordinance No. 2020-02, Page 76
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Ordinance No. 2020-02, Page 78
Exhibit "F-3"
The illustrations that are included with this Exhibit are for the purpose of illustrative example only
and do not constitute exact renderings or plans of the buildings and items depicted.
Ordinance No. 2020-02, Page 79
SCALE: 1 — 20'
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Ordinance No. 2020-02, Page 81
Exhibit "F-4"
The illustrations that are included with this Exhibit are for the purpose of illustrative example only
and do not constitute exact renderings or plans of the buildings and items depicted.
Ordinance No. 2020-02, Page 82
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Ordinance No. 2020-02, Page 84
Exhibit "F-5"
The illustrations that are included with this Exhibit are for the purpose of illustrative example only
and do not constitute exact renderings or plans of the buildings and items depicted.
Ordinance No. 2020-02, Page 85
Ordinance No. 2020-02, Page 86
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Ordinance No. 2020-02, Page 87
Ordinance No. 2020-02, Page 88
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Ordinance No. 2020-02, Page 89
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Ordinance No. 2020-02, Page 90