Ordinance NO 2016-251 ORDINANCE NO. 2016-251
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A PRE-ANNEXATION
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND RYAN
CAPITAL PARTNERS, LTD. FOR THE CREEKSIDE (RYAN RANCH) DEVELOPMENT;
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton hereby finds that the pre-annexation
development agreement between the City and Ryan Capital Partners, Ltd. for the Creekside
(Ryan Ranch) Development, along with the applicable Exhibits and Attachments, which is
attached hereto and made a part hereof by reference (the "Agreement"), serves a municipal and
public purpose and is in the public interest;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1,. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City under the Agreement,
including the expenditure of funds as provided in the Agreement, if any.
SECTION 3, This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ." . Y-71
, 2016,
C CIS VATTS, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
API'I t FD AS "`O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: .,.
PRE-ANNEXATION DEVELOPMENT AGREEMENT
This Pre-Annexation Development Agreement (this "Agreement" or "PAA") is executed
between Ryan Capital Partners, Ltd. (the "Owner") and the City of Denton, 'Texas (the "City"),
each a "Party" acid collectively the "Parties," to be effective August 23, 2016 (tile "Effective
Date"). This Agreement replaces that certain Chapter 212 Texas Local Government Code Non-
Annexation Agreement between Jean Ann Baker and Ryan Capital Partners, Ltd and the City of
Denton executed on February 10, 2015, which agreement shall be of no further force or effect as
of the Effective date.
ARTICLE I
RECITALS
WHEREAS, the Owner owns that certain tract of land described by metes and bounds
and depicted on Exhibit A (the "Property"), which Property is located wholly within the
extraterritorial jurisdiction Far) of the City adjacent to the City's corporate limits; and
WHEREAS, the Owner is under contract to sell the Property to Southwest Federated
North Texas, L.P., or its designee, and will assign this Agreement to Southwest Federated North
Texas, L.P. or its designee (the "Developer") when the Developer closes on the purchase of the
Property upon the Developer executing a written assignment and assuming the obligations of this
Agreement; and
WHEREAS, Section 212.172(b) of the Texas Local Government Code authorizes the
governing body of a municipality to make a written contract with an owner of land that is located
in the municipality's ETJ to, among other things, (1) extend die municipality's planning authority
over the land by providing for a development plan to be prepared by the landowner and approved
by the municipality under which certain general uses and development of the land are authorized;
(2) authorize enforcement by the municipality of land use and development regulations other
than those that apply within the municipality's boundaries, as may be agreed to by the landowner
and the municipality; (3) provide for the annexation of the land as a whole or in parts and to
provide for the terms of annexation, if annexation is agreed to by the parties; (4) specify the uses
and development of the land before and after annexation, if annexation is agreed to by the
parties; and (5) include other lawful terms and considerations the parties consider appropriate;
and
WHEREAS, pursuant to the authority of Section 212.172(b) of the Texas Local
Government Code, the Parties intend for the Property to be annexed and developed within the
City's corporate limits in accordance with this Agreement; and
WHEREAS, this Agreement is a development agreement as provided for by Section
212.172 of the Texas local Government Code.
NOW THEREFORE, for and in consideration of the mutual covenants of the Parties set
forth in this Agreement, and for other good and valuable consideration the receipt and adequacy
of which are acknowledged and agreed by the Parties, the Parties agree as follows:
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ARTICLE 11
APPLICABLE REGULATIONS
2.1 Applicable Regulations. Commencing on the Effective Date, the regulations on
Exhibit B shall apply and continue to apply for the term of this Agreement. Following
amlexation of the Property, development and use of the Property shall comply with this
Agreement and its exhibits, as well as all applicable City ordinances, provided, however, in
the event of a conflict between this Agreement and the future zoning of the Property or any
other City ordinance, this Agreement shall control. 'Che City agrees that Denton County shall
have no jurisdiction or regulatory control over the platting of the Property during the term of
this Agreement.
2.2 Temporary Zoning Classification and Future Zoning. Following annexation,
all tracts shall be temporarily classified as an RD-5X zoning and use classification and the
uses and structures developed on the Property in accordance with this Agreement shall be
deemed to be legally conforming uses and structures. The City agrees to initiate an
application for an initial zoning on the Property within a reasonable time after annexation on
(1) Tract 1 A, as described on Exhibit B, of an NRMU-12 zoning district; (2) Tract 113, as
described on Exhibit B, of an NR-2 zoning district, and (3) 'Tract 1 C, as described on Exhibit
B, of an NR-3 zoning district. The Developer agrees to such initial zoning request and agrees
it will not object to this initial zoning.. Such temporary zoning classifications and legal
conforming; status shall apply for the term of this Agreement, and shall survive the expiration
of this Agreement.
ARTICLE iiI
ADDITIONAL PROVISIONS
3.1 Term. The term of this Agreement shall be fifteen years after the Effective
Date, and shall not be affected by annexation of the Property.
3.2 Annexation. The Owner consents to the City's full purpose annexation of the
Property in accordance with the provisions described on Exhibit B.
3.3 Assi grog_ Went. Owner has the right (from time to time without the consent ofthe
City, but upon written notice to the City) to assign this Agreement to any person or entity (an
"Ass tee") that is or will become an owner of the Property. Each assignment shall be in
writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by
this Agreement. A copy of each assignment shall be provided to the City within 15 days after
execution. From and alter such assignment, the City agrees to look solely to the Assignee for
the performance of all obligations assigned to the Assignee and agrees that the Owner shall be
released from subsequently perfbrming the assigned obligations and from any liability that
results from the Assignee's failure to perform the assigned obligations. Upon assignment, an
Assignee shall be considered the "Owner" and a "Party" for the purposes of this Agreement.
3.4 Binding, Obligations. This Agreement and all amendments hereto and
assignments hereof shall be recorded in the deed records of Denton County. This Agreement,
2329.002\43698.5
when recorded, shall be binding upon the Parties and their successors and assigns permitted by
this Agreement and upon the Property.
3.5 No Partnership, Third Parties. It is hereby specifically understood, acknowledged
and agreed that neither the City nor Developer shall be deemed to be an agent of the other far
any purpose whatsoever. It is not intended by this Agreement to, and nothing contained in this
Agreement shall, create any partnership, ,joint venture or other arrangement between Developer
and the City. No term or provision of this Agreement is intended to, or shall, be for the benefit of
any third party, person, firm, organization or legal entity not a party hereto, and no such other
third party, person, firm, organization or legal entity shall have any right to cause of action
11C1'CLIndeI'.
3.6 Recitals. The recitals contained in this Agreement are true and correct as of the
Effective Date, form the basis upon which the Parties negotiated and entered into this
Agreement, and reflect the final intent of the Parties with regard to the subject matter of this
Agreement.
3.7 No Waiver of Rights. The Owner does not, by entering into this Agreement,
waive any rights the Owner has under state or federal law with respect to the development and
use of the Property.
3.8 lnteipretation. The Parties acknowledge that each of them has been actively
involved in negotiating this Agreement. Accordingly, the rule of construction that any
ambiguities are to be resolved against the drailing Party will not apply to interpreting this
Agreement.
3.9 Entire Agreement, Severability. This Agreement constitutes the entire
agreement between the Parties and supersedes all prior agreements, whether oral or written,
covering the subject matter of this Agreement. This Agreement shall not be modified or
amended except in writing signed by the Parties.
3.10 Applicable Law, Venue. This Agreement is entered into under and pursuant to,
and is to be construed and enforceable in accordance with, the laws of the State of Texas, and
all obligations of the Parties are performable in Denton County. Venue for any action to
enforce or construe this Agreement shall be in Denton County.
3.11 Non-Waiver. No provision of this Agreement may be waived except by
writing signed by the Party waiving such provision.
3.12 Counterparts. 'This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
3.13 Exhibits. The following Exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description and Depiction of the Property
Exhibit B Development Regulations
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2329.002\43698.5
Executed by Owner and the City to be effective on the Effective Date.
CITY OF U(;N' )N, 'ITE AS
hris atts. ayor
ATTEST:
By:
cnnifer Pters, City Secretary
THE STATE OF TEXAS §
COUNTY OF DENTON §
a
This instrument was acknowledged before me on thq::A)-,-) day of
2016 by Chris Watts, Mayor of the City of Denton, Texas, on behalf of said city.
JENNIFER K.WALTERS
3a NOTARY PUBLIC-STATE.OF TEXAS Not Publ I fate of Texas
COMM. EXP. 12-19.2018
NOTARY 10 1117650
4
2329.002\43698.5
OWNER:
Ryan Capital Partners, Ltd.
a Texas limited partnership
By: a- d4��—),
Nam4�4&.
Title �c
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
2016 by --3-eGn Q . r" C-s i of Ryan
Capital Partners, Ltd., on behalf of said partnership.
Notary Public, State of Texas
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY """" DIANE STEVENS
Notary Public,State of Texas
Comm.Expires 03-22.2020
�, I Notary ID 2835897
BY: "'�` Nt
5
2329.002\43698.5
EXHIBIT A
METES AND BOUNDS DESCRIPTION AND DEPICTION OF THE PROPERTY
Exhibit A — Page 1
2329.002\43699.5
EXHIBIT A
TRACT 1A
BEING a tract of land situated in the N. Britton Survey, Abstract No. 51, and the T. Labar
Survey, Abstract No. 779, Denton County, Texas, also being a portion of a called 21.83 acre
tract (Tract 1) and a portion of a called 16.999 acre tract (Tract 2) described in the deed to Ryan
Capital Partners, recorded in Instrument No. 2008-84484, Official Records of Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron pipe found at the southeast corner of said Tract 2, common to
a re-entrant corner on the westerly line of Lot 1 in Block A of Lake Forest Good Samaritan
Village, an addition to the City of Denton according to the plat thereof recorded in Cabinet F,
Page 36, Plat Records of Denton County, Texas;
THENCE North 00*18'11" East, along the easterly line of said Tract 2 and a westerly line of said
Lot 1, a distance of 286.31 feet to the POINT OF BEGINNING of the herein described tract;
THENCE North 89°41'49" West, departing the easterly line of said Tract 2 and said westerly line
of Lot 1, and crossing said Tract 2, a distance of 480.00 feet to a 5/8 inch iron rod with plastic
cap stamped "KHA" set for corner;
THENCE North 20024'49" West, continuing across said Tract 2, passing en route the westerly
line of said Tract 2 and an easterly line of aforesaid Tract 1, and crossing said Tract 1, a
distance of 649.37 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner;
THENCE North 02°02'21"West, continuing across said Tract 1, a distance of 357.25 feet to a
5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the north line of said Tract 1
and on the south right-of-way line of Ryan Road, an apparent public right-of-way (No Record
Found);
THENCE North 87°29'03" East, along the south right-of-way line of said Ryan Road and the
north line of said Tract 1, distance of 144.59 feet to a 1/2 inch iron rod found for the northeast
corner of said Tract 1 and the northwest corner of said Tract 2;
THENCE North 87°57'39" East, continuing along the south right-of-way line of said Ryan Road
and the north line of said Tract 2, a distance of 580.38 feet to a Rail Road Spike found for the
northeast corner of said Tract 2;
THENCE South 00'18'11"West, departing the south right-of-way line of said Ryan Road, along
the easterly line of said Tract 2 and a westerly line of aforesaid Lot 1, and generally along a
fence, a distance of 995.16 feet to the POINT OF BEGINNING, and containing 14.434 acres
(628,757 square feet) of land, more or less.
TRACT 1 B
BEING a tract of land situated in the N. Britton Survey, Abstract No. 51, and the T. Labar
Survey, Abstract No. 779, Denton County, Texas, also being a portion of a called 21.83 acre
tract (Tract 1), a portion of a called 16.999 acre tract (Tract 2), and a portion of a called 21.83
acre tract (Tract 3) described in the deed to Ryan Capital Partners, recorded in Instrument No.
2008-84484, Official Records of Denton County, Texas, and being more particularly described
as follows:
BEGINNING at a 112 inch iron pipe found at the southeast corner of said Tract 2, common to a
re-entrant corner on the westerly line of Lot 1, Block A of Lake Forest Good Samaritan Village,
an addition to the City of Denton according to the plat thereof recorded in Cabinet F, Page 36,
Plat Records of Denton County, Texas;
THENCE South 89°32'55" West, along the southerly line of said Tract 2 and the northerly line of
said Lot 1, Block A of Lake Forest Good Samaritan Village, a distance of 580.45 feet to a 1/2
inch iron rod found for the southwest corner of said Tract 2, common to the northerly southeast
corner of said Tract 1;
THENCE South 89°17'27"West, continuing along the northerly line of said Lot 1, Block A of
Lake Forest Good Samaritan Village and along the southerly line of said Tract 1, a distance of
43.78 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the southerly northwest
corner of said Lot 1, Block A of Lake Forest Good Samaritan Village, common to a re-entrant
corner on the easterly line of said Tract 1, from which a 60-D nail found for witness bears North
37°06'05" West, 3.81 feet;
THENCE South 02012'23" East, along the easterly line of said Tract 1 and the westerly line of
said Lot 1, Block A of Lake Forest Good Samaritan Village, passing en route the northwest
corner of Lot 1, Block A, Lake Forest Park Addition, according to the plat thereof recorded in
Cabinet W, Page 349 of the Plat Records of Denton County, Texas, and continuing along the
same course and along the westerly line of said Lot 1, Block A, Lake Forest Park Addition, for a
total distance of 678.62 feet to a 1/2 inch iron rod found for the southeast corner of said Tract 1,
common to the northeast corner of Lot 39, Block J of Ryan Ranch Phase I, according to the plat
thereof recorded in Cabinet S, Page 120 of the Plat Records of Denton County, Texas;
THENCE South 88°35'43" West, along the southerly line of said Tract 1, the northerly line of
said Lot 39, and the northerly line of Block J of Ryan Ranch Phase II, according to the plat
thereof recorded in Cabinet T, Page 333 of the Plat Records of Denton County, Texas, a
distance of 134.61 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner;
THENCE departing the southerly line of said Tract 1 and the northerly line of said Block J of
Ryan Ranch Phase II, and crossing said Tract 1 and aforesaid Tract 3, the following courses:
North 04°41'39"West, a distance of 461.90 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 36"09'59" West, a distance of 288.89 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 2*10'l8"West, a distance of 147.36 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 15"02'28"West, a distance of 209.26 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 3036'06" East, a distance of 91.55 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 25°20'49"West, a distance of 135.03 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 19024'07"West, a distance of 123.20 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 3041'43"West, a distance of 103.02 feet to a 518 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 39050'14"West, a distance of 184.25 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner,
North 14039'52" West, a distance of 125.32 feet to a 518 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 89°56'58" West, a distance of 107.34 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 41°25'28"West, a distance of 227.52 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner on the northerly line of said Tract 3 and the southerly right-
of-way line of Ryan Road, an apparent public right-of-way (No Record Found);
THENCE along the northerly line of said Tract 3, the northerly line of said Tract 1, and the
southerly right-of-way line of said Ryan Road, the following courses:
South 88055'01" East, a distance of 33.39 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner.;
North 88°04'56" East, a distance of 155.52 feet to a 1/2 inch iron rod found for corner;
North 86046'51" East, a distance of 100.69 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
North 87°29'03" East, a distance of 501.53 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
THENCE departing the northerly line of said Tract 1 and the southerly right-of-way line of said
Ryan Road, and crossing said Tract 1 and aforesaid Tract 2, the following courses;
South 02002'21" East, a distance of 357.25 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 20024'49" East, a distance of 649.37 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 89041'49" East, a distance of 480.00 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner on the easterly line of said Tract 2 and the westerly line of
aforesaid Lot 1, Block A of Lake Forest Good Samaritan Village;
THENCE South 00'18'11" West, along the easterly line of said Tract 2 and the westerly line of
said Lot 1, Block A of Lake Forest Good Samaritan Village, a distance of 286.31 feet to the
POINT OF BEGINNING and containing 20.553 acres (895,282 square feet) of land, more or
less.
TRACT 1C
BEING a tract of land situated in the N. Britton Survey, Abstract No. 51, and the T. Labar
Survey, Abstract No. 779, Denton County, Texas, also being a portion of a called 21.83 acre
tract (Tract 1), a portion of a called 21.83 acre tract (Tract 3), and a portion of a called 21.75
acre tract (Tract 4) described in the deed to Ryan Capital Partners, recorded in Instrument No.
2008-84484, Official Records of Denton County, Texas, and being more particularly described
as follows:
BEGINNING at a 1/2 inch iron rod with plastic cap stamped "Alliance" found for the southwest
corner of said Tract 4, common to the southeast corner of Thistle Hills Estates, Phase II,
according to the plat thereof recorded in Cabinet X, Page 147 of the Plat Records of Denton
County, Texas, same being on the northerly right-of-way line of Creekdale Drive, a variable
width right-of-way;
THENCE North 00°52'54"West, departing the northerly right-of-way line of said Creekdale
Drive, along the westerly line of said Tract 4, the easterly line of said Thistle Hills Estates,
Phase II and the easterly line of Thistle Hills Estates, according to the plat thereof recorded in
Cabinet R, Page 122 of the Plat Records of Denton County, Texas, a distance of 2,567.75 feet
to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the northwest corner of said Tract
4, common to the northeast corner of said Thistle Hills Estates, same being on the southerly
right-of-way line of Ryan Road, an apparent public right-of-way (No Record Found);
THENCE along the southerly right-of-way line of said Ryan Road, the northerly line of said Tract
4 and the northerly line of said Tract 3, the following courses:
South 89"58'03" East, a distance of 89.98 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 89024'07" East, a distance of 174.86 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 88055'01" East, a distance of 278.32 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
THENCE departing the southerly right-of-way line of said Ryan Road and the northerly line of
said Tract 3, and crossing said Tract 3 and aforesaid Tract 1, the following courses:
South 41°25'28" East, a distance of 227.52 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 89"56'58" East, a distance of 107.34 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 14039'52" East, a distance of 125.32 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 39050'14" East, a distance of 184.25 feet to a 518 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 03041'43" East, a distance of 103.02 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 19°24'07" East, a distance of 123.20 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 25020'49" East, a distance of 135.03 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 03°36'06"West, a distance of 91.55 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 15002'28" East, a distance of 209.26 feet to a 518 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 0201018" East, a distance of 147.36 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 36009'59" East, a distance of 288.89 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner;
South 04"41'39" East, a distance of 461.90 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner on the southerly line of said Tract 1 and the northerly line
of Ryan Ranch Phase II, according to the plat thereof recorded in Cabinet T, Page 333
of the Plat Records of Denton County, Texas;
THENCE South 88°35'43" West, along the southerly line of said Tract 1, the southerly line of
said Tract 3, the southerly line of aforesaid Tract 4, and the northerly line of said Ryan Ranch
Phase II, a distance of 1,205.32 feet to a 1/2 inch iron rod found for the northwest corner of said
Ryan Ranch Phase II, common to a re-entrant corner on the easterly line of said Tract 4;
THENCE South 00°35'38" East, along the easterly line of said Tract 4 and the westerly line of
said Ryan Ranch Phase II, a distance of 624.46 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for the southeast corner of said Tract 4, common to the southwest corner of
said Ryan Ranch Phase II, same being on the northerly right-of-way line of aforesaid Creekdale
Drive;
THENCE North 88°16'54" West, along the southerly line of said Tract 4 and the northerly right-
of-way line of said Creekdale Drive, a,distance of 80.57 feet to the POINT OF BEGINNING and
containing 47.466 acres (2,067,627 square feet) of land, more or less.
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EXHIBIT B
DEVELOPMENT REGULATIONS
Exhibit B - Page 1
2329 002\43698.5
Exhibit B
aT4Z.-E E Koc-.s I T�� E5
Exhibit B to a Pre-Annexation Development Agreement for the City of Denton, Texas
Contact: Bob Shelton
2925 Country Club Road, # 105
Denton, TX 76210
940-536-1151
Submitted: August 23, 2016
Prepared By:
Kimley >>)Horn
5750 Genesis Court, Ste. 200
Frisco, TX 75034
972-335-3580
Contact: Thomas L. Fletcher, P.E.
Kimley-Horn Project No. 069306714
Pape 1
TABLE OF CONTENTS
1.0 PURPOSE STATEMENT........................................................................................................................... 5
1.1 Existing Land Use Pattern......................................................................................................5
1.2 Owner's Intent......................................................................................................................... 5
2.0 DEFINITIONS.............................................................................................................................................6
3.0 EXISTING CONDITIONS...........................................................................................................................7
3.1 Tract 1A....................................................................................................................................7
3.2 Tract 1B....................................................................................................................................7
3.3 Tract 1C....................................................................................................................................7
4.0 DETAILED PLAN.......................................................................................................................................7
4.1 Tract 1A.................................................................................................................................... 7
4.2 Tract 1B....................................................................................................................................7
4.3 Tract 1C.................................................................................................................................... 7
5.0 GENERAL PROVISIONS ..........................................................................................................................8
5.1 Tree Preservation....................................................................................................................8
A. Tract 1A....................................................................................................................................8
B. Tract 1 B.................................................................................................................................... 8
C. Tract 1 C.................................................................................................................................... 8
5.2 Environmentally Sensitive Areas...........................................................................................8
A. Tract I....................................................................................................................................8
B. Tract 1 B....................................................................................................................................9
C. Tract 1 C....................................................................................................................................9
5.3 Park Fees&Dedication..........................................................................................................9
A. Tract I....................................................................................................................................9
B. Tract 1 B....................................................................................................................................9
C. Tract 1 C.................................................................................................................................... 9
5.4 Infrastructure Obligations......................................................................................................9
A. Tract I.................................................................................................................................. 10
B. Tract I.................................................................................................................................. 10
C. Tract 1 C.................................................................................................................................. 11
5.5 Permits &Inspections........................................................................................................... 12
A. Tract 1A.................................................................................................................................. 12
B. Tract I..................................................................................................................................12
C. Tract 1C.................................................................................................................................. 12
5.6 Platting& Subdivision.......................................................................................................... 13
A. Tract 1 A.................................................................................................................................. 13
B. Tract 1 B.................................................................................................................................. 13
C. Tract 1C.................................................................................................................................. 13
5.7 Site Plan Approval................................................................................................................. 13
A. Tract 1A.................................................................................................................................. 13
B. Tract 1 B.................................................................................................................................. 13
Page 12
C. Tract 1 C.................................................................................................................................. 13
5.8 Annexation Schedule............................................................................................................ 13
A. Tract I.................................................................................................................................. 13
B. Tract 1B.................................................................................................................................. 14
C. Tract 1C.................................................................................................................................. 14
6.0 DEVELOPMENT REGULATIONS........................................................................................................... 14
6.1 TRACT 1 A............................................................................................................................... 14
6.1.1 General Regulations............................................................................................................. 15
6.1.2 Access and Parking.............................................................................................................. 16
6.1.3 Landscaping.......................................................................................................................... 16
A. Buffer Requirement............................................................................................................... 16
6.1.4 Signage.................................................................................................................................. 16
6.1.5 Perimeter Fencing................................................................................................................. 16
6.2 TRACT 1 B............................................................................................................................... 16
6.2.1 General Regulations............................................................................................................. 16
6.2.2 Access and Parking.............................................................................................................. 18
6.3 TRACT 1C............................................................................................................................... 18
6.3.1 General Regulations............................................................................................................. 18
6.3.2 Site Design Requirements.................................................................................................... 19
A. Street Standards.................................................................................................................... 19
B. Sidewalk Standards .............................................................................................................. 19
C. Lot Grading............................................................................................................................20
D. Street/Site Lighting ............................................................................................................... 20
6.3.3 Access and Parking.............................................................................................................. 20
A. Parking................................................................................................................................... 20
B. Entry/Access.......................................................................................................................... 20
6.3.4 Signage..................................................................................................................................20
6.3.5 Perimeter Fencing.................................................................................................................20
6.3.6 Amenities and Open Space.................................................................................................. 20
6.3.7 Home Building Criteria.........................................................................................................21
A. Square Footage.....................................................................................................................21
B. Non-Repeat Clause............................................................................................................... 22
C. Garage Orientation and Setback........... .............................................................................. 22
D. Exterior Sheathing Materials................................................................................................ 22
E. Roof........................................................................................................................................23
F. Windows................................................................................................................................. 23
G. Fireplaces............................................................................................................................... 23
H. Driveways...............................................................................................................................23
I. Sidewalks...............................................................................................................................23
J. Mailboxes...............................................................................................................................24
K. Mechanical Equipment......................................................................................................... 24
Page 13
L. Fencing................................................................................................................................... 24
M. Retaining Walls......................................................................................................................24
6.3.8 Home Building Landscape Criteria......................................................................................24
A. Street Trees............................................................................................................................24
B. Front Yard Landscaping Minimum Requirements.............................................................25
C. Corner Lot Landscaping Additional Requirements........................................................... 25
D. Irrigation................................................................................................................................. 25
7.0 EXISTING ON-SITE GAS WELLS........................................................................................................... 25
8.0 APPENDIX...............................................................................................................................................26
Pre-Annexation Development Agreement Boundary Attachment A
Pre-Annexation Development Agreement Legal Descriptions Attachment B.1 — B.4
Detailed Plan Tract 1A Attachment C
Detailed Plan Tract I Attachment D.1 — D.3
Conceptual Landscape Plan Attachment E
Tree Preservation Plan Attachment F
Entry and Amenity Center Enlargement Attachment G
Entry Monument Perspectives Attachment H
Amenity Center Perspectives Attachment I
Hardscape Materials Palette Attachment J
Plant Materials Palette Attachment K.1 & K.2
Parkway Tree List Attachment L
Site Fencing Exhibit Attachment M
Page 4
1.0 PURPOSE STATEMENT
Creekside is located along Ryan Road west of FM 2181 (Teasley Lane) and Lake Forest Good
Samaritan Village, east of Thistle Hill Estates Subdivision, north of Ryan Ranch Subdivision and
south of Shadow Brook Place (the"Property").
The purpose of this Pre-Annexation Development Agreement("PAA") is to establish the land use
regulations that will apply to the Property during development and set forth a plan for annexation.
The Creekside Property is comprised of a tract of land, Tract 1, that is currently under a non-
annexation development agreement with the City pursuant to Sec. 43.035 and Subchapter G,
Chapter 212 of the Texas Local Government Code, which is set to expire on September 5, 2016
("NAA"). Tract 1 is an approximately 80.9 acre tract on the south side of Ryan Road that will be
subdivided into three development subtracts as follows: (1A) a proposed expansion to the existing
Lake Forest Village Good Samaritan Retirement Community, (1 B) a single family estate ranch for
up to three dwellings,and(1 C)a single family residential development not to exceed 137 residential
lots. The PAA boundary which identifies the tracts is provided as Attachment A to Exhibit B_ The
legal description for each tract is provided as Attachments BA through B.3 to Exhibit B.
(A Conceptual Landscape Plan is provided as Attachment E to Exhibit B and illustrates the overall
proposed development.)
1.1 Existing Land Use Pattern
Tract 1 has been used for Agricultural Activity during the term of the NAA, as that use is
described in Chapter 23 of the Tex. Tax Code. Tract 1 is located in the City's Division
One Extra-Territorial Jurisdiction ("ETJ") and does not have a zoning designation.
1.2 Owner's Intent
The intent is to create a PAA for these subtracts that creates a distinctive community and
adds to the betterment of Denton as a whole. The proposed PAA is in keeping with the
Denton Plan 2030, and will provide a sense of pride and community to the area. Its
abundance of open space and preservation of tree canopy sustain the native character
of this tract for its residents as well as for the other citizens of Denton,
Page 15
2.0 DEFINITIONS. Terms used in this PAA shall be as defined in the Denton Development Code
unless otherwise included as follows:
Active Recreation: Outdoor recreational activities that involves physically energetic pursuits such
as running,jogging, organized sports, playground activities, etc.
Aeration Fountain:A combination of an aerator and a fountain that commonly have spray patterns
that flair. Aeration fountains increase water quality by circulating the water to increase the oxygen
saturation levels.
Amenity Center: A useful Community Center consisting of a swimming pool, restrooms, open air
pavilion, security fencing, and landscapin.3. A benefit to the property and its users.
Density: The quantity of an item per unit area; for example, the number of dwelling units per gross
area.
Density, Base: The maximum number of dwelling units per gross acreage or the maximum floor
area permitted outright by a particular land-use classification.
Density, Gross: The total number of dwelling units divided by the total project area acreage,
expressed as gross dwelling units per acre, or the calculation of which is otherwise defined by this
Chapter.
Density,Net:The total number of dwelling units divided by the net project area acreage, expressed
as net dwelling units per acre. In determining net density within the development boundaries,
including: all land area associated with and accessory to the dwelling unit, including private and
public streets, driveways, off-street parking, public and private recreational facilities, common open
space, utility easements, and environmentally sensitive areas. Exclusions from net density
calculations include: nonresidential structures and land uses, accessory dwelling units, the
floodway and any waters of the U.S. and any other exclusions as identified by this Chapter.
Front-loaded Garages: Designed to be loaded, supplied, or tended from the front.
HOA Open Spaces: The common area within a development that is platted as its own lot and is
owned and managed through a homeowners association.
J-Swing Garages: A garage that faces 90 degrees to a street or alley and requires a 90-degree
turning maneuver to enter the garage from the street or alley.
Lot Coverage:That portion of a lot used for building footprint and parking (excludes pools, outdoor
patios and living areas, etc.).
Parks (Private): A noncommercial, not for profit facility designed to serve the open space and
recreation needs of the residents of a development,
Pathway Lighting: Low voltage landscape lighting designed to provide illumination or partial
illumination of steps and paths for safety and dramatic effect.
Passive Recreation: A passive recreation area is generally an undeveloped space or
environmentally sensitive area that requires minimal development. Entities such as a parks
department or Homeowners Association may maintain passive recreation areas for the health and
well-being of the public and for the preservation of wildlife and the environment.
Reserve at Creekside: Defined as Tract 1C as part of this PAA,
Page16
3.0 EXISTING CONDITIONS
3.1 Tract 1A
Tract 1A is a 14.434 acre tract located in the N. Britton Survey, Abstract No. 51, and the
T. Labar Survey,Abstract No. 779, Denton County, Texas. Tract 1A has approximately
725' of frontage along Ryan Road. The topography of this tract ranges in elevation from
approximately 632 to approximately 600. There is a large tree canopy that is located
within this tract and continues into Tract 1B. There are also scattered trees that are not
a part of the tree canopy as depicted in Attachment F to this Exhibit B.
3.2 Tract 1B
Tract 1 B is a 20.553 acre tract located in the N. Britton Survey, Abstract No, 51, and the
T. Labar Survey, Abstract No. 779, Denton County, Texas. Tract 1 B has approximately
790' of frontage along Ryan Road. Fletcher Branch Tributary 5 runs through this tract
per FIRM Map Number 48121 C0390G, Map Revised April 18, 2011. The topography of
this tract ranges in elevation from approximately 615 to approximately 670. There are
tree clusters located within the tract and along the floodplain.
3.3 Tract 1C
Tract 1C is a 47.466 acre tract located in the N. Britton Survey,Abstract No. 51, and the
T. Labar Survey,Abstract No. 779, Denton County, Texas. Tract 1C has approximately
540' of frontage along Ryan Road. The topography of this tract ranges in elevation from
approximately 624 to approximately 586. There is a linear tree canopy that is located
within this tract on the western and southern boundaries. There are also scattered trees
that are not apart of the tree canopy as depicted in Attachment F to this Exhibit B. There
is an existing gas well located within this tract. Such gas well shall be abandoned and
plugged as indicated herein or comply with the Denton Development Code for gas wells.
4.0 CONCEPT - SITE PLAN
4.1 Tract 1A
A Concept Plan is provided as Attachment C to Exhibit B. Approval of a Site Design Plan
by the Director of Development Services is required prior to issuance of building permits
in accordance with Section 35.3.7 of the Denton Development Code.
4.2 Tract 1 B
A Site Design Plan is not required for Tract 1 B.Tract 1 B shall comply with the subdivision
requirements in the Denton Development Code.
4.3 Tract 1C
A Detailed Plan is provided as Attachment DA —D.3 to Exhibit B.
Page 17
5.0 GENERAL PROVISIONS —The Development of the Property is subject to the Denton Code
of Ordinances, the Denton Development Code, Criteria Manuals, and any other applicable rule or
regulation ("regulations"), unless otherwise specified in this PAA. In the event a conflict exists
between the regulations and this PAA, this PAA controls.
5.1 Tree Preservation
A. Tract I
The Concept Plan was laid out to promote tree preservation. The Property's Tree
Preservation Plan, Attachment F to Exhibit B, uses aerial photography to illustrate
the approximate location of existing trees and tree canopy to be preserved and
removed during the construction process. The Developer shall submit a detailed
tree survey prepared and submitted with the preliminary plat that complies with the
Tree Preservation Plan attached as Attachment F to Exhibit B. Preparation of the
final plat and construction drawings will be used to establish actual tree removal.
Tree preservation shall be subject to Subchapter 13 of the Denton Development
Code (DDC), as amended. The approximate percentage of canopy preservation
shall be 65%,
B. Tract 1 B
Tree preservation shall be subject to Subchapter 13 of the DDC, as amended.
C. Tract 1 C
The Site Design Plan, Attachment B.1-B.3 of Exhibit B, was laid out to promote tree
preservation. A Tree Preservation Plan is provided as Attachment F to Exhibit B that
uses aerial photography to illustrate the approximate location of existing trees and
tree canopy to be preserved and removed during the construction process. The
Developer shall submit a detailed tree survey prepared and submitted with the
preliminary plat that complies with the Tree Preservation Plan attached as
Attachment F to Exhibit B. Preparation of the final plat and construction drawings
will be used to establish actual tree removal. Preservation of tree canopy exceeding
the City's requirement in the regulations, along with preservation of open spaces and
project amenities, account for mitigation and no additional mitigation shall be
required.
5.2 Environmentally Sensitive Areas
A. Tract 1A
The Developer shall submit an application to the City for an Environmentally
Sensitive Area Assessment with the preliminary plat. Should any encroachment into
an ESA be requested, including but not limited to Developed Floodplain,
Undeveloped Floodplain, Riparian Buffers,Water Related Habitat,or Upland Habitat,
the encroachment is subject to the Alternate Environmentally Sensitive Area
provisions in Chapter 35,17.12 of the DDC.
Page 18
B. Tract 1 B
The Developer shall submit an application to the City for an Environmentally
Sensitive Area Assessment with a final plat. Should any encroachment into an ESA
be requested, including but not limited to Developed Floodplain, Undeveloped
Floodplain, Riparian Buffers, Water Related Habitat, or Upland Habitat, the
encroachment is subject to the Alternate Environmentally Sensitive Area provisions
in Chapter 35.17.12 of the DDC.
C. Tract 1 C
Tha Developer shall submit an application to the City for an Environmentally
Sensitive Area Assessment with the preliminary plat. Should any encroachment into
an ESA be requested, including but not limited to Developed Floodplain,
Undeveloped Floodplain, Riparian Buffers,Water Related Habitat,or Upland Habitat,
the encroachment is subject to the Alternate Environmentally Sensitive Area
provisions in Subchapter 35.17.12 of the DDC, with the exception that the Amenity
Center shall be allowed to encroach into the Riparian Buffer by up to ten percent
(10%) by area, subject to the Director of Development Services or his/her designee
approval, in order to facilitate blending nature and development. Encroachment over
ten percent (10%) is subject to the Alternate Environmentally Sensitive Area
provisions in Chapter 35.17.12 of the DDC.
5.3 Park Fees& Dedication
A. Tract 1A
Park Land Dedication Fees and Park Development Fees shall apply per Chapter 22
of the Code of Ordinances.
B. Tract 1 B
Park Land Dedication Fees shall not apply since Tract 16 will not be subdivided into
five or more lots. Park Development Fees will apply per Chapter 22 of the Code of
Ordinances.
C. Tract 1 C
Park Land Dedication Fees and Park Development Fees shall apply per Chapter 22
of the Code of Ordinances.
City agrees that Tract 1C will receive a fifty percent (50%) credit towards required
Park Land Dedication Fees due to the following: (1) substantial private park and
recreational area is being provided, (2) private park and recreational area is to be
privately maintained by a Homeowner's Association (HOA) and provided for by
recorded agreements, covenants, and restrictions, (3) the use of open space is
restricted for park and recreation purposes by recorded covenant, (4) private park
and recreational area is suitable for this use, (5) the proposed facilities include, but
are not limited to, (a) landscape park-like and quiet areas, (b) family picnic area, (c)
turf playfield, and (d)swimming pool.
5.4 Infrastructure Obligations
Page 19
A. Tract 1 A
Roadway Impact Fee Contribution— Developer agrees to contribute a total sum of
$302,400 toward System Facilities in the form of perimeter street improvements_ The
Developer acknowledges that this sum amounts to approximately $2,700.00 per
Service Unit, which is an approximate and appropriate measure of the impacts
generated by the Property, as it is far less than the Maximum Assessable Roadway
Impact Fee as contemplated by Section 13.G of the Roadway Impact Fee Ordinance.
Developer is allowed a total number of 112 units. Total sum indicated herein shall be
assessed and collected as a lump-sum payment from the Developer at the time the
final plat is recorded. In consideration of an advanced lump-sum payment, the
Developer shall be entitled to a full credit against all roadway impact fees adopted
under Chapter 395 of the Texas Local Government Code that would otherwise be
owed.
Wastewater Impact Fees—Due at building permit; amount based on City Ordinance
when the final plat is recorded.
Water Impact Fees—Due at building permit; amount based on City Ordinance when
the final plat is recorded.
Water—According to the City of Denton GIS, there is an existing 8"water main within
the Ryan Road right-of-way near the northeast corner of this tract. Tract 1A shall be
responsible for connecting to said 8"water main in Ryan Road right-of-way;installing
an expander (reducer) to upsize to a 12" water main, and extending the 12" water
main within the Ryan Road right-of-way to the mid-point of Tract 1 B. Tract 1A shall
provide a looped water system by connecting internal water lines to serve
development with the 12" water main extension in Ryan Road at two locations.
Tract 1C or Tract 1A shall be responsible for interconnecting the 12" water main
within the Ryan Road right-of-way. The responsibility will fall to the tract that
develops last. If Tract 113 develops first with a development more intense than one
single family residential lot and prior to both Tract 1A and Tract 1C and no public
water main is available along Tract 1 B frontage of Ryan Road for the purpose of
serving Tract 1 B, then Tract 1 B shall be responsible for connecting to said 8" water
main in Ryan Road right-of-way, installing a 12" water main, and extending the 12"
water main within the Ryan Road right-of-way to the mid-point of Tract 1 B. All
required water service connections to serve Tract 1 B shall be off said 12"water main
within Ryan Road.
Sewer— Tract 1A shall sewer to the existing system within the Lake Forest Good
Samaritan Village.
B. Tract 1 B
Roadway Impact Fee Contribution—Developer agrees to contribute a total sum of
$5,200.00 toward System Facilities in the form of perimeter street improvements.
The Developer acknowledges that this sum is an approximate and appropriate
measure of the impacts generated by the Property, as it is far less than the Maximum
Assessable Roadway Impact Fee as contemplated by Section 13,G of the Roadway
Impact Fee Ordinance. Developer is allowed a total number of 3 units. Total sum
indicated herein shall be assessed and collected as a lump-sum payment from the
Developer at the time the final plat is recorded. In consideration of an advanced
Page 110
lump-sum payment,the Developer shall be entitled to a full credit against all roadway
impact fees adopted under Chapter 395 of the Texas Local Government Code that
would otherwise be owed.
Wastewater Impact Fees—Due at building permit; amount based on City Ordinance
when the final plat is recorded.
Water Impact Fees—Due at building permit; amount based on City Ordinance when
the final plat is recorded.
Water— If Tract 1 B develops first with a development more intense than one single
family lot and prior to both Tract 1A and Tract 1C and no public water main is
available along Tract 16 frontage of Ryan Road for the purpose of serving Tract 1 B,
then Tract 1 B shall be responsible for connecting to said 8"water main in Ryan Road
right-of-way, installing a 12"water main, and extending the 12"water main within the
Ryan Road right-of-way to the mid-point of Tract 113. All required water service
connections to serve Tract 1 B shall be off said 12"water main within Ryan Road.
Sewer— Tract 1 B shall be allowed to provide wastewater service by an On-Site
Sewage Facility (OSSF) if wastewater service is not economically feasible by
connecting to the City sewer line. Tract 1 B shall be limited to construction of no more
than three(3) Single Family Homes with a separate OSSF facility for each home. In
addition, the requirements of the Denton Development Code "Section 35.21.11
Alternate Water and Sewer Facilities" shall apply for design and construction of the
OSSF facilities.
C. Tract 1 C
Roadway Impact Fee Contribution — Developer agrees to contribute a total sum of
$589,100.00 toward System Facilities in the form of perimeter street improvements.
The Developer acknowledges that this sum amounts to approximately$4,300.00 per
Service Unit, which is an approximate and appropriate measure of the impacts
generated by the Property, as it is far less than the Maximum Assessable Roadway
Impact Fee as contemplated by Section 13.G of the Roadway Impact Fee Ordinance.
Developer is allowed a total number of 137 units.The total sum indicated herein shall
be assessed and collected as a lump-sum payment from the Developer at the time
the final plat is recorded. In consideration of an advanced lump-sum payment, the
Developer shall be entitled to a full credit against all roadway impact fees adopted
under Chapter 395 of the Texas Local Government Code that would otherwise be
owed.
Wastewater Impact Fees—Due at building permit; amount based on City Ordinance
when the final plat is recorded.
Water Impact Fees—Due at building permit; amount based on City Ordinance when
the final plat is recorded.
Water— According to the City of Denton GIS, there is an existing 12" water main
within the Ryan Road right-of-way just east of Andrew Ave, near the northwest corner
of Tract 1 C and an existing 8" water main within the Creekdale Drive right-of-way
near the southernmost leg of Tract 1 C.
Page 111
Tract 1C shall be responsible for connecting to the 12" water main in Ryan Road
right-of-way and extending the 12"water main within the Ryan Road right-of-way to
the mid-point of Tract 16. Tract 1C shall provide a looped water system by
connecting internal 8" water mains within the local residential streets with the 12"
water main extension in Ryan Road and the existing 8" water main in Creekdale
Drive. Tract 1C shall provide additional water connection to existing 8" water main
stub-out located on west boundary of site and along Thistle Ridge right-of-way.
Tract 1C or Tract 1A shall be responsible for interconnecting the 12" water main
within the Ryan Road right-of-way. The responsibility will fall to the tract that
develops last. If Tract 1 B develops first with a development that is more intense than
one single family lot and prior to both Tract 1A and Tract 1C and no public water
main is available along Tract 1 B frontage of Ryan Road for the purpose of serving
Tract 1 B, then Tract 1 B shall be responsible for connecting to said 8" water main in
Ryan Road right-of-way, installing a 12" water main, and extending the 12" water
main within the Ryan Road right-of-way to the mid-point of Tract 1 B. All required
water service connections to serve Tract 1 B shall be off said 12" water main within
Ryan Road.
Sewer — According to the City of Denton GIS and Record Drawings, there is an
existing 15" gravity sewer main at the northwest corner of the Oaks of Montecito,
Phase 3 that is southeast of this tract,
Tract 1C shall be responsible for connecting to the 15" gravity sewer and extending
a gravity system to the southeast corner of Tract 1 C for sewer service. Said gravity
main extension shall be sized to serve Tract 1 C, Tract 1 B, the undeveloped portion
of the Lake Forest Good Samaritan Village tract and the undeveloped Endeavor
Energy Resource, LP. A pro-rata will be created for the upsizing of the sewer for the
off-site tracts listed above. Pro-rata agreement and City participation subject to DDC
Subchapter 21 policies and requirements. Any additional upsizing shall not be
required unless paid for by those requesting said upsizing at the time of construction.
Any pro-rata agreement and City oversize participation will be subject to DDC
Subchapter 21 policies and requirements.
5.5 Permits & Inspections
A. Tract 1 A
Permitting and Inspections shall be through the City of Denton as outlined in the
Code of Ordinances,
B. Tract 1 B
Permitting and Inspections shall be through the City of Denton as outlined in the
Code of Ordinances
C. Tract 1 C
Permitting and Inspections shall be through the City of Denton as outlined in the
Code of Ordinances,
Page 112
5.6 Platting & Subdivision
A. Tract 1 A
A Preliminary Plat shall be submitted to the City meeting requirements of Chapter
35.16.11 of the DDC. Parties agree that the preliminary plat is required under the
PAA and local law.
A Final Plat shall be submitted to the City meeting requirements of Chapter 35.16.12
of the DDC.
B. Tract 1 B
A Preliminary Plat shall not be required for Tract 1 B so long as Tract 1 B is not
subdivided into more than three (3) lots in conformance with this PAA.
A Final Plat shall be submitted to the City meeting requirements of Chapter 35.16.12
of the DDC.
C. Tract 1 C
A Preliminary Plat shall be submitted to the City meeting requirements of Chapter
35.16.11 of the DDC. Parties agree that the preliminary plat is required under the
PAA and local law.
A Final Plat shall be submitted to the City meeting requirements of Chapter 35.16.12
of the DDC,
5.7 Site Plan Approval
A. Tract 1 A
A Site Plan shall be submitted and approved administratively prior to the submission
of a preliminary plat. The Site Plan must substantially conform to the Concept Plan
approved as part of the PAA. Substantially conforming Site Plans shall be approved
using the Site Design Review procedure outlined in the Denton Development Code
Sec. 35.3.7. Site Plans that are not in substantial conformance with the PAA will
require an amendment to the PAA by City Council,
B. Tract 1 B
A Site Plan shall not be required for Tract 1 B so long as it is not subdivided into five
(5) or more lots in conformance with the PAA.
C. Tract 1 C
A Site Plan shall be submitted and administratively approved prior to the submission
of a preliminary plat. The Site Plan must substantially conform to the Detailed Plan
approved as part of the PAA. Substantially conforming Site Plans shall be approved
administratively. Site Plans that are not in substantial conformance with the PAA will
require an amendment to the PAA by City Council.
5.8 Annexation Schedule
A. Tract 1A
Page113
Within ten (10) business days of approval of a Final Plat, the Owner shall file a
petition for voluntary annexation of the property with the City pursuant to Texas Local
Government Code, Chapter 43, subchapter C-1, or other such provisions governing
voluntary annexation of land as may then exist. Should the Owner not initiate
voluntary annexation within the time prescribed, the City shall have the right to initiate
annexation of the property pursuant to Texas Local Government Code subchapter
C-1, or other such provisions governing voluntary annexation of land as may then
exist. Owners expressly and irrevocably consent to annexation of the property under
such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an
annexation plan, as required by Texas Local Government Code section 43.052, or
successor statute.
B. Tract 1 B
Within ten (10) business days of approval of a Final Plat, the Owner shall file a
petition for voluntary annexation of the property with the City pursuant to Texas Local
Government Code, Sec. 43.028 or other such applicable provisions governing
voluntary annexation of land as may then exist. Should the Owner not initiate
voluntary annexation within the time prescribed, the City shall have the right to initiate
annexation of the property pursuant to Texas Local Government Code subchapter
C-1, or other such provisions governing voluntary annexation of land as may then
exist. Owners expressly and irrevocably consent to annexation of the property under
such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an
annexation plan, as required by Texas Local Government Code section 43.052, or
successor statute.
C. Tract 1 C
Within ten (10) business days of approval of a Final Plat, the Owner shall file a
petition for voluntary annexation of the property with the City pursuant to Texas Local
Government Code subchapter C-1, or other such provisions governing voluntary
annexation of land as may then exist. Should the Owner not initiate voluntary
annexation within the time prescribed, the City shall have the right to initiate
annexation of the property pursuant to Texas Local Government Code subchapter
C-1, or other such provisions governing voluntary annexation of land as may then
exist. Owners expressly and irrevocably consent to annexation of the property under
such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an
annexation plan, as required by Texas Local Government Code section 43.052, or
successor statute.
6.0 DEVELOPMENT REGULATIONS
6.1 TRACT 1 A
Tract 1A shall be developed in accordance with the Denton Development Code for the
Neighborhood Residential Mixed Use 12 (NRMU-12) District except as modified herein.
Page114
6.1.1 General Regulations
The following uses and their accessory uses are permitted within Tract 1A:
Agriculture P
Community Homes for the Disabled P
Elderly/Senior Housing P
Laundry Facilities(restricted to use for onsite residents) P
Parks and Open Spaces P
Accessory Dwelling Units P, L(1)
The following limits apply to the subdivision of Tract 1A:
General Regulations Tract 1A
Maximum Density, Dwelling Units Per Acre 8.0
Minimum Lot Area (square feet) 3,500
Minimum Lot Width (measured at the building line) 30feet
Minimum Lot Depth measured at the midpoint of the lot) 80 feet
Minimum Front Yard Setback 20feet
Minimum Setback Along Ryan Road 40feet
Minimum Side Yard Setback 6feet
Minimum Side Yard Setback Adjacent to a Street 10 feet
Minimum Separation for Non-Attached Buildings (same Lot) 10feet
Minimum Rear Yard Setback 15 feet
The following limits apply to all buildings in Tract 1A:
General Regulations Tract 1A
Maximum Lot Cove rage 60%
Minimum Landscaped Area 309/o
Maximum Building Height 45 feet
Maximum WECS Height 55feet
Page 15
The following limits shall apply to accessory structures located in Tract 1A:
General Regulations Tract 1A
Minimum Front Yard Setback 25 feet
Minimum Setback Along Ryan Road 40feet
Minimum Side Yard Setback 6feet
Minimum Side Yard Setback Adjacent to a Street 10feet
Minimum Rear Yard Setback 10feet
Maximum Lot Coverage (Total=Main+Accesso ) 709/0
6.1.2 Access and Parking
The main entry into Tract 1A will be located off Ryan Road. A secondary entry will be
provided to Montecito Drive to the east. Multiple points of connections will adequately
disperse vehicle trips generated by this development and minimize Impacts at any one
location on existing streets. The proposed entries also meet the City's remote access
requirement for Fire. Parking shall meet the standards of the DDC.
6.1.3 Landscaping
A. Buffer Requirement
Tract 1A shall provide a Type "C" landscape buffer as required by the DDC adjacent to
single family residential use. In the situation where a natural buffer currently exists, no
additional buffer shall be required.
6.1.4 Signage
Sign regulations, as contained within Chapter 33 of the Code of Ordinances, as
amended, shall apply.
6.1.5 Perimeter Fencing
Because the Detailed Plan provides buffers surrounding the development, required
perimeter fencing will be limited to along Ryan Road. The fencing along Ryan Road will
be a combinations of masonry, wrought iron, or tubular steel as shown on the Site
Fencing Exhibit provided as Attachment M to Exhibit B. Additional perimeter fencing
may be provided at the discretion of the Developer as long as it is substantially
conforming to the materials as shown on Attachment M to Exhibit B.
6.2 TRACT 1 B
Tract 1 B shall be developed in accordance with the Denton Development Code for Neighborhood
Residential 2, NR-2, except as modified herein.
6.2.1 General Regulations
Page116
The following uses and their accessory uses are permitted within Tract 1B:
Single Family Dwellings P
Accessory Dwelling Units P, SUP, L(4
Agriculture P
Livestock 77771-(7)
The following limits apply to the subdivision of Tract 113:
General Regulations Tract 1B
Maximum Number of Dwelling Units(Total) 3.0
Minimum Lot Area(acres) 2.0
Minimum Lot Width(measured at the building line) 60feet
Minimum Lot Depth (measured at the midpoint of the lot) 110 feet
Minimum Front Yard Setback 25feet
Minimum Setback from Ryan Road 40feet
Minimum Side Yard Setback 10 feet
Minimum Side Yard Setback Adjacent to a Street 15 feet
Minimum Rear Yard Setback 25feet
The following limits apply to all buildings in Tract 113:
General Regulations Tract 1B
Maximum Lot Coverage 30%
Minimum Landscaped Area 60%
Maximum Building Height 40 feet
Maximum WECS Height 55 feet
The following limits shall apply to accessory structures located in Tract 113:
General Regulations Tract 1B
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback 10fee't
Minimum Side Yard Setback Adjacent to a Street 15 feet
Minimum Rear Yard Setback 10feet
Maximum Lot Coverage (Total =Main+Accessory) 40%
Page 17
6.2.2 Access and Parking
Access into Tract 1 B shall be off Ryan Road. Only one point of access shall be required
since Tract 1 B is limited to up to three(3)single family dwelling units per the terms of the
PAA.
6.3 TRACT 1C
Tract 1C shall be developed in accordance with the Denton Development Code for the
Neighborhood Residential 2 (NR-2) district, except as modified herein.
6.3.1 General Regulations
The following uses and their accessory uses are permitted within Tract 1C:
Single Family Dwellings P
Accessory Dwelling Units P, L(2)
Amenity Center(Limited to HOA Lot) P
The following limits apply to the subdivision of Tract 1C:
General Regulations Std. Front Entry J-Swing Entry
Maximum Density, Dwelling Units Per Acre 3.0 3.0
Minimum Lot Area (square feet) 7,200 7,200
Minimum Lot Width (measured at building line) 60feet 60feet
Minimum Lot Depth (measured at midpoint of lot) 110feet 110feet
Minimum Front Yard Setback* 20feet 15 feet
Minimum Side Yard Setback 5 feet 5 feet
Minimum Side Yard Setback Adjacent to a Street 10feet 10feet
Minimum Rear Yard Setback 15 feet 15 feet
M Front yard setbacks shall be staggered with the minimum established above. The front yard setback
may not be duplicated on more than two(2)consecutive lots.Acceptable front yard setbacks for
standard front entry garages shall be twenty feet(20%twenty-two and a half feet(22.5%and twenty-five
feet(25'). Acceptable front yard setbacks for J-swing garages shall be fifteen feet(15%seventeen and a
half feet(17.5%twenty feet(20%twenty-two and a half feet(22.5%and twenty-five feet(25').
The following limits apply to all buildings in Tract 1C:
General Regulations Std. Front Entry J-Swing Entry
Maximum Lot Coverage 60% 60%
Minimum Landscaped Area 30% 30%
Maximum Building Height 40feet 40feet
Maximum WECS Height 55feet 55feet
Page118
The following limits shall apply to accessory structures located in Tract 1C:
General Regulations Std. Front Entry J-Swing Entry
Minimum Front Yard Setback 25 feet 2S feet
Minimum Side Yard Setback 5 feet 5 feet
Minimum Side Yard Setback Adjacent to a Street 10feet 10feet
Minimum Rear Yard Setback 5feet 5feet
Maximum Lot Coverage (Total=Main+Accessory) 70•'/a 70%
6.3.2 Site Design Requirements
A. Street Standards
Residential—All streets in Tact 1 C, The Reserve at Creekside, will be constructed'
of concrete curb and gutter and will be contained within the public right-of-way,
making them property of the City and accessible by all residents of the City. The
Reserve at Creekside will be comprised of Local Residential Streets that are twenty-
eight feet back to back (28' B-B) and constructed in a fifty-foot right-of-way (50'
ROW), Long blocks will have traffic calming devices meeting City standards at
locations shown on the Detailed Site Plan as provided as Attachments DA — D.3 of
Exhibit B.
Concrete shall meet the City of Denton standard concrete design, and shall be 7"
thick, 3600 PSI with #3 bars 24" on center each way. Subgrade treatment shall be
eight inches (8") deep lime or cement stabilized and per a Final Geotechnical
Engineering Report.
Perimeter— physical perimeter street improvements shall not be required by the
developer, To meet the City's Perimeter Road requirement as outlined in the Denton
Development Code, The Reserve at Creekside shall pay to the City a Roadway
Impact Fee Contribution as indicated in this PAK The fee is set forth to account for
the impacts this development will have on Ryan Road and the City's Transportation
Infrastructure,
B. Sidewalk Standards
A five-foot(6)wide concrete sidewalk along both sides of the street will be standard
throughout The Reserve at Creekside with the exception of the street connection
south to existing Creekdale Drive which will only be required to have sidewalk
constructed on one side of the street. The Developer shall meander the sidewalks
along Open Spaces as long as they remain within sixty-five feet(65')off the adjacent
right-of-way. A sidewalk will not be constructed along Ryan Road by the Developer
and may be constructed by the City as part of a Capital Improvement Program project
at some future date determined by the City. Developer Trails associated with the
Open Spaces will be a minimum of five-feet(6) wide and will be constructed either
of concrete or crushed granite.
The Developer will install all sidewalks for entryways and open spaces within The
Reserve at Creekside. The homebuilder will install all sidewalks immediately
Page 119
adjacent to and within the residential lots, Sidewalk concrete shall meet the City of
Denton standard sidewalk design.
C. Lot Grading
Mass grading (benching) of lots will only occur within the portions of The Reserve
at Creekside that are not heavily wooded and that are being developed for
residential lots. This will enable the Developer to save as many trees as possible in
the open spaces and along the perimeter of the development. Benched lots shall be
graded in a way so that positive drainage is maintained.
D. Street/Site Lighting
Street lighting shall be provided meeting the standards of the City of Denton which
requires street lights at intersections and on a maximum spacing of 300'.
Pathway lighting will be provided along the linear park, as labeled on Attachment E
of Exhibit B, adjacent to proposed lots. Pathway lighting shall be spaced at a
maximum of fifty-feet(50') and shall be low voltage pedestal style lights.
6.3.3 Access and Parking
A. Parking
A minimum of two enclosed parking spaces will be provided behind the building line
(in the garage). A minimum of two parking spaces will be provided between the right-
of-way and the building line (in the driveway),
A total of ten (10) parking spaces will be provided for the Amenity Center. Any
spaces over ten (10) shall be pervious.
B. Entry/Access
The main entry into The Reserve at Creekside will be located on Ryan Road. A
secondary entry will be provided to Creekdale Drive to the south. The main entry
shall have a divided boulevard with landscaping in the median. Multiple points of
connections will adequately disperse vehicle trips generated by this subdivision and
minimize impacts at any one location on existing streets. The proposed entries also
meet the City's remote access requirement for Fire.
6.3.4 Signage
Sign regulations, as contained within Chapter 33 of the Code of Ordinances, as
amended, shall apply. Signage shall be owned and maintained by the HOA and located
within an HOA lot,
6.3.5 Perimeter Fencing
Because the Site Plan provides buffers surrounding the development, perimeter fencing
will be limited to along Ryan Road. The fencing along Ryan Road will be a combination
of masonry, wrought iron, or tubular steel as shown on the Site Fencing Exhibit as
provided and reflected in Attachment M of Exhibit B.
6.3.6 Amenities and Open Space
The Reserve at Creekside will be developed in a manner that creates and preserves
large open spaces and provides a park system with both active and passive recreational
experiences for all residents alike, independent of age. It will provide tree preservation
Page 120
to buffer the existing developments to the west and south. This preservation will
minimize impacts to existing developments. Open Spaces can be seen on the
Conceptual Landscape Plan as provided as Attachment E of Exhibit B.
Along Ryan Road, the proposed residential development is set back to provide a more
rural feeling. This view-shed protection is one of the characteristics of the proposed
development that will establish this as a legacy development for the City. As future
residents and visitors arrive to The Reserve at Creekside they enter through a rural
divided entry with creek views, development monument signifying arrival and enhanced
landscaping. As they enter they will also view the Amenity Center with parking, play
equipment, restrooms and pool. The Amenity Center layout incorporates the natural feel
of the tract. This can be seen in more detail in the Entry and Amenity Center
Enlargement, Entry Monument Perspectives, and Amenity Center Perspectives as
provided as Attachments G, H and I, of Exhibit B respectively.
Internal trails and sidewalks will connect residential streets with open spaces throughout
the development. An existing pond in the southeast corner of The Reserve at Creekside
will have a fountain for aesthetics and aeration. The linear trail central to the tract will
have limited pathway lighting.
The open spaces will consist of the following elements:
• Enhanced entry and landscaping-Entry shall be a combination of wood construction
and metal roof. Signage shall be a combination of stone and metal panel.
Landscaping shall be primarily drought tolerant and native plant material.
• Trails;
• Open space for active recreation,
• Open space for passive recreation such as picnicking, bird watching, etc,;
• Amenity Center with restrooms, cabana, pool, play equipment, and parking —
amenity center shall be a combination of masonry, including stucco, construction
with wood screen, and metal roof.
• Pond with aeration fountain;
• Significant tree preservation;
• Benches;
6.3.7 Nome Building Criteria
A. Square Footage
The square footage for The Reserve at Creekside will be as follows
• Minimum square footage shall be 1,800 square feet of air-conditioned space;
• A minimum of forty-five percent of the homes shall be 2,400 square feet of air
conditioned space or greater.
Page121
B. Non-Repeat Clause
Floor plan The same floor plan may not be duplicated on the
neighboring lots or on the lot immediately across the
street from the subject lot,
Elevation The same elevation on the same floor plan may not be
duplicated on the four consecutive neighboring lots on
either side of the subject lot or on the lots immediately
across the street from such (nine) lots,
Exterior color selections The same brick, stone, stucco, or exterior paint palette
may not be duplicated on the neighboring lots or on the
lot immediately across the street from the subject lot,
C. Garage Orientation and Setback
Front-loaded garages, including three car garages, are allowed in The Reserve at
Creekside. Front elevation is defined as that portion of the living area of a
house nearest to the front building line that parallels the street and is located at
grade. J-swing garages are allowed and encouraged,
Staggered setbacks are provided to minimize the impact of the garage and provide
a true streetscape impact. It is recommended that the garage elevation be designed
in a manner to minimize the visual impression of garage. Appropriate design can
be accomplished by a number of innovative approaches including; separate
garage doors; recessing the door plane within the garage and extending a deep
roof overhang (two-foot to four-foot extension of the roof and wing walls are
preferred); extending a pergola or trellis type element over the garage doors;
extending a balcony or deck above the garage doors; building rooms over the
garage; incorporating low garden walls into the garage fagade in order to create an
enclosed motor court or semi-enclosed motor court; providing a J-swing garage;
and integrating windows into the door panels, which helps add scale and a sense
of habitation. Where J-swing garages are utilized, the front yard setback may be
encroached by up to five-feet (6). All garage doors facing the street shall be
constructed of wood or a synthetic wood-type material (if painted).
Twenty-five percent(25%)of all lots shall have either a three car garage or a J-swing
garage.
D. Exterior Sheathing Materials
Permitted exterior sheathing materials are brick, stone, smooth stucco, and wood.
Hardi, or equivalent siding. Masonry (brick, stone, or smooth stucco) shall account
for ninety-percent(90%)of the exterior sheathing materials(windows and doors are
not included within the calculations) for the front facade and seventy-five percent
(75%)of the exterior sheathing materials(windows and doors are not included within
the calculations) for the full exterior.
Page122
E. Roof
Pitch Flat roofs are not permitted. Otherwise, the pitch should
vary with architectural style (i.e., craftsman and Spanish
style homes should have a 4:12 pitch).
Permitted materials 30-year dimensional asphalt, standing seam metal,
natural stone, slate, concrete title, and clay tile.
Solar panels, TV dishes and Must be located on the rear or side slope and never face
antennas a street.
F. Windows
Permitted Wood, vinyl, or a combination thereof.
Not permitted Metal window frames, reflective glass or glazing, burglar
bars, solar screens, or flush-mounted windows.
Required Windows facing the street must be divided light or
simulated divided light with exterior muntins. Muntins are
a strip of wood or vinyl separating and holding panes of
glass in a window; also known as glazing bars.
G. Fireplaces
Wood burning Permitted, but chimneys must be sheathed in brick, stone,
or stucco (no siding),
Direct vent Permitted, but vent must not be visible from the street.
Ventless Permitted.
H. Driveways
Width The maximum width for a driveway is 18 feet with the
exception that a home with a three car garage can be up t
26 feet.
Circular drive Not permitted.
Permitted materials Concrete, stone pavers, or brick pavers. Concrete must b
used inside right-of-way.
I. Sidewalks
A minimum three-foot wide all-weather walkway shall be constructed from the
front porch to either the driveway or the sidewalk in the parkway.
Page 123
J. Mailboxes
The mailboxes shall be brick or stone and shall match the appearance of the house.
The mailbox location will be one foot inside the lot against the back of curb. If a
dual mailbox design is utilized then the mailbox shall be located at the property line
of the lots served against the back of curb.
K. Mechanical Equipment
HVAC condensers, tank-less hot water heaters, direct vent fireplaces, and other
mechanical equipment may not be located along the front elevation or along
a side elevation that faces the street(in the event of a corner lot).
L. Fencing
The Reserve at Creekside will minimize the amount of wood fencing located in
view of the public, Below are the fence requirements for different locations:
Facing a street or open All fencing facing a street or open space must be wrought
space iron or tubular steel style, masonry, or a combination of
the two, with a maximum height of six-feet(6) and a
minimum height of four-feet(4'). Fencing facing a street
that is between two interior lots shall follow the
requirements of wood fencing outlined below.
Corner lots All wrought iron or tubular steel style fences on corner lots
must be accompanied by an evergreeh hedge or other
evergreen landscape that will mature to a minimum height
of six-feet(6).
Wood fencing Wood fencing is required between homes, along the side
yard lot lines and rear yard lot lines. The wood fence must
be a minimum of six-foot(6') and a maximum of eight-foot
(8')tall Cedar or Spruce on galvanized metal poles. The
side without poles must face out when adjacent to vacant
lots, Fencing may not be placed within ten-feet(10')of the
front elevation of the house.
M. Retaining Walls
All retaining walls shall be constructed of reinforced concrete, natural stone, or
engineered stone. Wood retaining walls of any type are prohibited. Retaining walls
located on private lots will be owned and maintained by the homeowner. Retaining
walls located in HOA Open Spaces will be owned and maintained by the HOA.
. 6.3.8 Home Building Landscape Criteria
A. Street Trees
The homebuilder shall be responsible for planting two (2) trees. On corner lots,
the homebuilder shall be responsible for planting two (2) additional trees, Street
trees shall be constructed within the parkway, four-feet(4') off of the back-of-curb.
The trees will be a minimum of three caliper inches, measured 12 inches off of
the root ball. The species will be selected according to the approved street tree
list as shown on the Parkway Tree List as provided as Attachment L of Exhibit B.
Page 124
B. Front Yard Landscaping Minimum Requirements
Large shrubs or ornamental One 15-gallon shrub or one 1'/2 inch caliper tree measured
trees 12 inches from the ground
Medium shrubs 12 three-to five-gallon shrubs
Border plants 10 one-gallon perennial plants
Lawn Sod is required. Ground cover is permitted up to 30
percent. Gravel is not permitted
C. Corner Lot Landscaping Additional Requirements
Ornamental trees Two 1'/2 inch Crepe Myrtle, Red Bud, Mexican Plum,
Desert Willow, etc. (in addition to parkway trees).
Evergreen landscaping All side yard foundations visible from the street on corner
lots must be screened.
Fencing All wrought iron style fences on corner lots must be
accompanied by an evergreen hedge or other evergreen
landscape that will mature to a minimum height of six
feet.
D. Irrigation
An automatic irrigation system is required for all residential lots. An automatic
irrigation system is required for all right-of-way and open spaces with improved turf
and landscaping. Open Spaces intended to remain natural or native are not required
to be irrigated.
7.0 EXISTING ON-SITE GAS WELLS
As a condition of this Pre-Annexation Development Agreement, the existing Gas Well shall be
plugged prior to the approval of a Final Plat for Tract 1C in accordance with all applicable local,
state or federal law.
The Gas Well shall be plugged in accordance with the requirements of the Railroad Commission
of Texas. The report prepared by the approved Cementer shall be provided to the City of Denton.
The plugged gas well shall be located within an open space lot that is to be owned and maintained
by a Homeowner's Association (HOA). Any period of time in which the existing Gas Well is not
plugged, it should follow all of the current City of Denton Gas Well regulations and other applicable
law.
Page 125
8.0 APPENDIX
See attached Attachment A through M to Exhibit B,
Attachment A PAA Boundary
Attachment 13.1-6.4 PAA Legal Descriptions
Attachment C Detailed Development Plan Tract 1A�
Attachment D.1 —D.3 Detailed Development Plan Tract 1C
Attachment E Conceptual Landscape Plan
Attachment F Tree Preservation Plan
Attachment G Entry and Amenity Center Enlargement
Attachment H Entry Monument Perspectives
Attachment I Amenity Center Perspective
Attachment J Handscape Materials Palette
Attachment K.1 & K.2 Plant Material Palette
Attachment L Parkway Tree List
Attachment M Site Fencing Exhibit
Page 12e
Attachment A to Exhibit B
PAA Boundary
Page 127
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Attachments B.1 —B.3 to Exhibit B
PAA Legal Descriptions
Page 128
ATTACHMENT B.1 TO EXHIBIT B-TRACT 1A LEGAL DESCRIPTION
BEING a tract of land situated in the N. Britton Survey, Abstract No. 51, and the T. Labar Survey, Abstract
No. 779, Denton County, Texas, also being a portion of a called 21.83 acre tract (Tract 1) and a portion of
a called 16.999 acre tract(Tract 2)described in the deed to Ryan Capital Partners, recorded in Instrument
No. 2008-84484, Official Records of Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a 1/2 inch iron pipe found at the southeast corner of said Tract 2,common to a re-entrant
corner on the westerly line of Lot 1 in Block A of Lake Forest Good Samaritan Village, an addition to the
City of Denton according to the plat thereof recorded in Cabinet F, Page 36, Plat Records of Denton County,
Texas;
THENCE North 00°18'11" East, along the easterly line of said Tract 2 and a westerly line of said Lot 1, a
distance of 286.31 feet to the POINT OF BEGINNING of the herein described tract;
THENCE North 89041'49" West, departing the easterly line of said Tract 2 and said westerly line of Lot 1,
and crossing said Tract 2, a distance of 480.00 feet to a point for corner;
THENCE North 20024'49" West, continuing across said Tract 2, passing en route the westerly line of said
Tract 2 and an easterly line of aforesaid Tract 1, and crossing said Tract 1, a distance of 649.37 feet to a
point for corner;
THENCE North 02002'21" West, continuing across said Tract 1, a distance of 357.25 feet to a point for
corner on the north line of said Tract 1 and on the south right-of-way line of Ryan Road, an apparent public
right-of-way (No Record Found);
THENCE North 87029'03" East, along the south right-of-way line of said Ryan Road and the north line of
said Tract 1, distance of 144.59 feet to a 1/2 inch iron rod found for the northeast corner of said Tract 1 and
the northwest corner of said Tract 2;
THENCE North 87°57'39" East, continuing along the south right-of-way line of said Ryan Road and the
north line of said Tract 2, a distance of 580,38 feet to a Rail Road Spike found for the northeast corner of
said Tract 2;
THENCE South 0001811"West, departing the south right-of-way line of said Ryan Road, along the easterly
line of said Tract 2 and a westerly line of aforesaid Lot 1, and generally along a fence, a distance of 995.16
feet to the POINT OF BEGINNING, and containing 14,434 acres (628,757 square feet) of land, more or
less.
Page 129
ATTACHMENT B.2 TO EXHIBIT B-TRACT 1 B LEGAL DESCRIPTION
BEING a tract of land situated in the N. Britton Survey, Abstract No, 51, and the T. Labar Survey, Abstract
No. 779, Denton County, Texas, also being a portion of a called 21.83 acre tract (Tract 1), a portion of a
called 16.999 acre tract(Tract 2), and a portion of a called 21.83 acre tract(Tract 3) described in the deed
to Ryan Capital Partners, recorded in Instrument No. 2008-84484, Official Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron pipe found at the southeast corner of said Tract 2, common to a re-entrant
corner on the westerly line of Lot 1, Block A of Lake Forest Good Samaritan Village, an addition to the City
of Denton according to the plat thereof recorded in Cabinet F, Page 36, Plat Records of Denton County,
Texas;
THENCE South 89°32'55" West, along the southerly line of said Tract 2 and the northerly line of said Lot
1, Block A of Lake Forest Good Samaritan Village, a distance of 580.45 feet to a 1/2 inch iron rod found for
the southwest corner of said Tract 2, common to the northerly southeast corner of said Tract 1;
THENCE South 89017'27" West, continuing along the northerly line of said Lot 1, Block A of Lake Forest
Good Samaritan Village and along the southerly line of said Tract 1, a distance of 43.78 feet to a point for
the southerly northwest corner of said Lot 1, Block A of Lake Forest Good Samaritan Village, common to a
re-entrant corner on the easterly line of said Tract 1;
THENCE South 02012'23" East, along the easterly line of said Tract 1 and the westerly line of said Lot 1,
Block A of Lake Forest Good Samaritan Village, passing en route the northwest corner of Lot 1, Block A,
Lake Forest Park Addition, according to the plat thereof recorded in Cabinet W, Page 349 of the Plat
Records of Denton County, Texas, and continuing along the same course and along the westerly line of
said Lot 1, Block A, Lake Forest Park Addition,for a total distance of 678,62 feet to a 1/2 inch iron rod found
for the southeast corner of said Tract 1, common to the northeast corner of Lot 39, Block J of Ryan Ranch
Phase I, according to the plat thereof recorded in Cabinet S, Page 120 of the Plat Records of Denton
County, Texas;
THENCE South 88035'43" West, along the southerly line of said Tract 1, the northerly line of said Lot 39,
and the northerly line of Block J of Ryan Ranch Phase II, according to the plat thereof recorded in Cabinet
T, Page 333 of the Plat Records of Denton County, Texas, a distance of 134.61 feet to a point for corner;
THENCE departing the southerly line of said Tract 1 and the northerly line of said Block J of Ryan Ranch
Phase ll, and crossing said Tract 1 and aforesaid Tract 3, the following courses:
North 04o4l'39"West, a distance of 461.90 feet to a point for corner;
North 36°09'59"West, a distance of 288.89 feet to a point for corner;
North 2°10'18"West, a distance of 147.36 feet to a point for corner;
North 15°02'28"West, a distance of 209.26 feet to a point for corner;
North 3"36'06" East, a distance of 91.55 feet to a point for corner;
North 25°20'49"West, a distance of 135.03 feet to a point for corner;
North 19°24'07"West, a distance of 123.20 feet to a point for corner;
North 3°41'43"West, a distance of 103.02 feet to a point for corner;
North 39°50'14"West, a distance of 184.25 feet to a point for corner;
Page 130
North 14°39'52"West, a distance of 125.32 feet to a point for corner;
North 89056'58"West, a distance of 107.34 feet to a point for corner;
North 41025'28" West, a distance of 227.52 feet to a point for corner on the northerly line of said
Tract 3 and the southerly right-of-way line of Ryan Road, an apparent public right-of-way (No
Record Found);
THENCE along the northerly line of said Tract 3, the northerly line of said Tract 1, and the southerly right-
of-way line of said Ryan Road, the following courses:
South 88055'01" East, a distance of 33.39 feet to a point for corner;
North 88004'56" East, a distance of 155.52 feet to a 1/2 inch iron rod found for corner;
North 86°46'51" East, a distance of 100.69 feet to a point for corner;
North 87029'03" East, a distance of 501.53 feet to a point for corner;
THENCE departing the northerly line of said Tract 1 and the southerly right-of-way line of said Ryan Road,
and crossing said Tract 1 and aforesaid Tract 2, the following courses:
South 0200221" East, a distance of 357.25 feet to a point for corner;
South 20°24'49" East, a distance of 649.37 feet to a point for corner;
South 89"41'49" East, a distance of 480.00 feet to a point for corner on the easterly line of said
Tract 2 and the westerly line of aforesaid Lot 1, Block A of Lake Forest Good Samaritan Village;
THENCE South 00018'11" West, along the easterly line of said Tract 2 and the westerly line of said Lot 1,
Block A of Lake Forest Good Samaritan Village, a distance of 286.31 feet to the POINT OF BEGINNING
and containing 20.553 acres (895,282 square feet)of land, more or less.
Page 131
ATTACHMENT B.3 TO EXHIBIT B -TRACT 1C LEGAL DESCRIPTION
BEING a tract of land situated in the N. Britton Survey, Abstract No. 51, and the T. Labar Survey, Abstract
No. 779, Denton County, Texas, also being a portion of a called 21.83 acre tract (Tract 1), a portion of a
called 21.83 acre tract (Tract 3), and a portion of a called 21.75 acre tract (Tract 4) described in the deed
to Ryan Capital Partners, recorded in Instrument No. 2008-84484, Official Records of Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with plastic cap stamped "Alliance" found for the southwest comer of
said Tract 4, common to the southeast corner of Thistle Hills Estates, Phase II, according to the plat thereof
recorded in Cabinet X, Page 147 of the Plat Records of Denton County, Texas, same being on the northerly
right-of-way line of Creekdale Drive, a variable width right-of-way;
THENCE North 00°52'54"West, departing the northerly right-of-way line of said Creekdale Drive, along the
westerly line of said Tract 4, the easterly line of said Thistle Hills Estates, Phase II and the easterly line of
Thistle Hills Estates, according to the plat thereof recorded in Cabinet R, Page 122 of the Plat Records of
Denton County, Texas, a distance of 2,567.75 feet to a point for the northwest corner of said Tract 4,
common to the northeast comer of said Thistle Hills Estates, same being on the southerly right-of-way line
of Ryan Road, an apparent public right-of-way(No Record Found);
THENCE along the southerly right-of-way line of said Ryan Road, the northerly line of said Tract 4 and the
northerly line of said Tract 3, the following courses:
South 89058'03" East, a distance of 89.98 feet to a point for corner;
South 89024'07" East, a distance of 174.86 feet to a point for corner;
South 8805601" East, a distance of 278.32 feet to a point for corner;
THENCE departing the southerly right-of-way line of said Ryan Road and the northerly line of said Tract 3,
and crossing said Tract 3 and aforesaid Tract 1, the following courses:
South 41°25'28" East, a distance of 227.52 feet to a point for corner;
South 89056'58" East, a distance of 107.34 feet to a point for corner;
South 14°39'52" East, a distance of 125.32 feet to a point for corner;
South 39050'14" East, a distance of 184.25 feet to a point for corner;
South 03"41'43" East, a distance of 103.02 feet to a point for corner;
South 19024'07" East, a distance of 123.20 feet to a point for corner;
South 25020'49" East, a distance of 1.45 03 feet to a point for corner,
South 03036'06"West, a distance of 91.55 feet to a point for corner;
South 15002'28" East, a distance of 209.26 feet to a point for corner;
South 0201018" East, a distance of 147.36 feet to a point for corner;
South 36009'59" East, a distance of 288.89 feet to a point for corner;
Page132
South 04041'39" East, a distance of 461.90 feet to a point for corner on the southerly line of said
Tract 1 and the northerly line of Ryan Ranch Phase 11, according to the plat thereof recorded in
Cabinet T, Page 333 of the Plat Records of Denton County, Texas;
THENCE South 88°35'43" West, along the southerly line of said Tract 1, the southerly line of said Tract 3,
the southerly line of aforesaid Tract 4, and the northerly line of said Ryan Ranch Phase II, a distance of
1,205.32 feet to a 1/2 inch iron rod found for the northwest corner of said Ryan Ranch Phase ll, common
to a re-entrant corner on the easterly line of said Tract 4;
THENCE South 00"35'38" East, along the easterly line of said Tract 4 and the westerly line of said Ryan
Ranch Phase ll, a distance of 624.46 feet to a point for the southeast corner of said Tract 4, common to the
southwest corner of said Ryan Ranch Phase ll, same being on the northerly right-of-way line of aforesaid
Creekdale Drive;
THENCE North 88016'54"West, along the southerly line of said Tract 4 and the northerly right-of-way line
of said Creekdale Drive, a distance of 80.57 feet to the POINT OF BEGINNING and containing 47.466
acres(2,067,627 square feet) of land, more or less.
Page 133
Attachment C to Exhibit B
Detailed Development Plan Tract 1A
Page 134
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Detailed Development Plan Tract I
Page 135
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Conceptual Landscape Plan
Page 136
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Tree Preservation Plan
Pape 137
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Entry and Amenity Center Enlargement
Page 138
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Entry Monument Perspectives
Page 139
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Amenity Center Perspectives
Page 140
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Attachment J to Exhibit B
Hardscape Materials Palette
Page141
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Plant Materials Palette
Pege142
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Parkway Tree List
Page143
Attachment L to Exhibit B:
The following Trees shall be allowed as Street Trees per the regulations of the PAA:
Common Narne Botanical Name
• Caddo Maple Acer barbatum"Caddo"
• Chinquapin Oak Quercus muehienbergii
• Live Oak Quercus virginiana
• Texas Red Oak Quercus shumardi"Texana"
• Shumard Oak Quercus shumardl
• Cedar Elm Ulmus crassifolia
• Lacebark Elm Ulmus parvifolia
• Pecan Carya Illinoensis
• Bald Cypress Taxodium distichum
• Texas Ash Fraxlnus texensis
• Texas Pistache Pistacla texana
• Black Walnut Juglans nigra
Page 44
Attachment M to Exhibit B
Site Fencing Exhibit
Page146
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