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sAour documents\ordinances\08\rayzor ranch overlay ordinance phase in cc approved 1.8.08.doc
ORDINANCE NO. 2008- L
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING APPROXIMATELY
87 ACRES OF LAND LEGALLY DESCRIBED IN EXHIBIT "B", ATTACHED HERETO,
FROM THE EXISTING NR-6 AND NRMU ZONING CLASSIFICATIONS AND USE
DESIGNATIONS TO THE NRMU AND RCC-D ZONING CLASSIFICATION AND USE
DESIGNATION, AS MODIFIED BY THE TERMS OF THE RAYZOR RANCH OVERLAY
DISTRICT CLASSIFICATION HEREIN AMENDED; AMENDING BY SUPERSEDURE
CHAPTER 35, SUBCHAPTER 7.13 OF THE CITY OF DENTON CODE OF ORDINANCES,
"DENTON DEVELOPMENT CODE", "SPECIAL PURPOSE AND OVERLAY DISTRICTS";
PROVIDING FOR THE REGULATION OF LAND USES AND DEVELOPMENT
STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property owner initiated the rezoning process for that 87 acre tract of
land legally described by metes and bounds in Exhibit "B", attached hereto and made a part
hereof by reference, and depicted as "SF-2, CC, O, MF AND BH/MF", within Exhibit K, (the
"Property"); and
WHEREAS, the owner of the Property requested that the Property be considered for
rezoning from NR-6 AND NRMU zoning districts to the NRMU AND RCC-D zoning district as
modified by the "Rayzor Ranch Overlay District" previously defined, and amended herein; and
WHEREAS, the owner of the Property supports the rezoning of the Property; and
WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have characteristics which are
distinct from lands and structures outside such special districts and contain such reasonable and
necessary requirements to insure the protection and enhancement of said land and structures.
Further, the overlay districts are authorized to establish specific design standards and
development regulations to effectuate the purpose of the district; and
WHEREAS, on November 28, 2007, the Planning and Zoning Commission, conducted a
public hearing, and having found that all prerequisite requirements had been satisfied,
recommended approval of the requested zoning and code amendment; and
WHEREAS, on January 8, 2008, the City Council held a public hearing as required by
law and approved the change in zoning from the NR-6 and NRMU zoning districts to the NRMU
and RCC-D Zoning Classification and Use Designations, as modified by the Rayzor Ranch
Overlay District, as amended herein; and
WHEREAS, the City Council finds that establishing the Rayzor Ranch Overlay District
serves a public purpose; and
WHEREAS, the City Council makes the following findings:
A. The change in zoning is consistent with the Comprehensive Plan; and
B. The Rayzor Ranch Overlay District will protect and enhance the Property, which
is distinct from the lands and structures outside of the Rayzor Ranch Overlay
District, including the immediate neighborhood NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference,
SECTION 2. Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose
and Overlay Districts", Code of Ordinances, City of Denton Texas is hereby amended by
supersedure of Section 35.7.13. Rayzor Ranch Overlay District, to read as follows:
35.7.13.0 Raynor Ranch Overlay District.
The Rayzor Ranch Overlay District classification is hereby defined with respect to
approximately 410 acres of land, legally described in Exhibit "A" to Ordinance 2007-110.
35.7.13.1 Purpose.
The purpose of establishing the Rayzor Ranch Marketplace Overlay District is to:
A. Ensure compatibility of new construction with the existing scale and
characteristics of surrounding properties; and
B. Protect and enhance specific land features which have characteristics distinct from
lands and structures outside this Special Purpose District; and
C. Provide within the Rayzor Ranch area a combination of land uses arranged and
designed in accordance with sound site planning principles and development
techniques; and in such a manner as to be properly related to each other, the
immediate surrounding area, the planned mobility system, and other public
facilities such as water and sewer systems, parks, schools and utilities; and
D. Encourage a more creative approach in the utilization of land in order to
accomplish an efficient, aesthetic, and desirable development which may be
characterized by special features of the geography, topography, size or shape of a
particular property and to accomplish a more economical and efficient use of land.
35.7.13.2 Subareas.
This district shall be divided into two major divisions, separated generally by US 380 (University
Drive) - the Marketplace and the Town Center.
A. Marketplace. The Marketplace shall be divided into two subareas,
1. Subareas 1 and 2 of the Marketplace are generally depicted in Exhibit K
Page 2
B. Town Center. The Town Center shall be divided into two subareas.
1. Subareas 1 and 2 of the Town Center are generally depicted in Exhibit K
C. Part or all of the Subareas may be developed in phases
35.7.13.3 Application of Regulations.
A. General.
1. The following definitions shall apply to the Rayzor Ranch Overlay
District:
a. Continuing Care Retirement Center. A facility that integrates
multiple senior living options into one facility including skilled
nursing, assisted living, dementia care, as well as independent
living. This use is not considered a multifamily dwelling unit.
(Ordinance No. 2007-110)
b. Plaza or Public Area Space: An area identified on a plan filed at
the City which is designated for public or civic use. The
designated area shall be maintained by a property/home owner
association. (Ordinance No. 2007-110).
C. Rayzor Ranch: The comprehensive development which includes
all phases defined within the Rayzor Ranch Overlay District
(Ordinance No. 2007-068).
d. Big House: A type of residential development where 10 or fewer
dwelling units are located in a single building which is intended to
resemble a single large house.
2. Gas well development is permitted within this district subject to the
requirements of the Denton Development Code. All gas well development
will require Council approval of a Specific Use Permit prior to issuance of
a permit for drilling.
3. POA Requirement.
One or more Property Owner Associations (POA) shall be established for
the maintenance of all common property not fully dedicated for public use.
Documents establishing the POA must be submitted and approved as a
required component of the final plat application, providing for the
maintenance, repair, replacement and liability obligations of the POA for
private roads, alleys, gates, fences, street lighting, drainage items and/or
other like held facilities and/or common areas, appurtenances, associated
ancillary items and improvements.
Page 3
a. The PDA must authorize the city to file a lien, to foreclose, or to
otherwise secure payment from property owners concerning the
maintenance, repair and replacement, in part or in whole, of all
privately held common areas, including but not limited to, drainage
items, street lighting, and other appurtenances and or other
associated ancillary items.
b. The Association documents must be submitted to, reviewed by an
approved by the city attorney prior to the final plat approval.
C. The property owners Association may not be dissolved, nor may
deed restrictions and covenants providing for maintenance of
common areas be deleted or amended, without prior written
consent of the City Council and plat amendment.
d. The final plat and restrictive covenants shall contain language
whereby the Property Owners Association, as owner of various
private improvements within a private street, lot or easement,
agrees to release, indemnify, defend and hold harmless the city
from claims and suits for property damage or bodily injury
(including death) arising from the condition, use our operation of
any privately owned parks, open spaces, common amenities,
streets or facilities.
[Subsection 35.7.13.3.A.4, below, may be deleted from the Code text by Staff upon...
satisfaction of all conditions, without necessity of further Council action]
4. In addition to other permits and requirements which must be obtained or
satisfied prior to construction of any improvements, no building permit of
any type, certificate of occupancy, or any other permit allowing
construction of improvements may be issued (other than a clearing and
grading permit), and no construction may take place within the first phase,
until:
a. A development agreement is executed, filed and recorded,
providing for the escrow of $215,000 in funds for mitigation of
trees removed without a permit, and committing $250,000 in park
improvements to offset drainage impacts at North Lakes Park (see
Exhibit M). -
b. This requirement supplements, but does not supersede, satisfy, or'
replace any other permits or requirements of construction. It is
understood that the Developer will submit and the city will review
Plats and Engineering Documents, prior to condition (a) above
being met; with the goal of obtaining a mass grading permit for
Page 4
the second phase, and construction permits for certain temporary
roadway improvements within the second phase. Condition (a)
above is a condition for plat approval, but may be satisfied after
plat approval.
35.7.13.4 Marketplace - Subarea 1 Development Standards (SF-1).
[TO BE INCORPORATED LATER]
35.7.13.5 Marketplace - Subarea 2 Development Standards (RR-3, P, and RR-2).
In Subarea 2, the City rules and regulations applicable to the development of property located
within a RCC-D zoning district are applicable with the following additional restrictions:
Permitted Uses. The only permitted uses are as shown on the attached Master Zoning Site Plan
(See Exhibit L). Generally, these uses must be located within the Subareas as shown on the
Master Conceptual Zoning Plan (Exhibit K) as follows:
A. RR-3: wholesale sales; retail construction materials sales with a minimum floor
area of 100,000 square feet; quick vehicle servicing; garden center with container
plant materials and associated garden supplies only accessory to retail or a home
improvement center in excess of 100,000 square feet, retail sales and services,
restaurants, parks and open space and professional services and offices. All other
uses are prohibited.
B. RR-2: retail sales and services, restaurants, drive-through facilities indoor
recreation, parks and open space and professional services and offices. All other
uses are prohibited.
C. P: parks and open space, water quality feature as defined in this ordinance.
All other uses are prohibited.
35 713.6 Town Center - General Use and Development Standards.
In the Town Center (Subareas 1 and 2) the following general City rules and regulations are
applicable to the development of property located within a RCC-D zoning district are applicable
with the following additional restrictions:
A. Minimum Yard Abutting a Single-Family Use or District. The minimum yard
when abutting a single-family use or district shall be ten feet (10') plus one foot
(1') for each foot of building height above twenty feet (201).
B. Maximum FAR and Dwelling Units.
1. The maximum FAR shall be 4.0.
Page 5
2. A maximum of 185 single family detached dwelling units, 496 single
family attached dwelling units and 750 multifamily dwelling units are
permitted subject to Section C below..
C. Mixed Use and Multifamily Restrictions:
1. In any given phase, the multi-family residential construction in the Town
Center may not be permitted or constructed until 50% or more of the
Town Center non-residential component has been completed, inspected
and approved.
2. If a phased project proposes all or a majority of the common amenities for
future phases, (including, but not limited to, open space, landscaping
and/or recreational facilities), a phasing plan shall be considered as a
component of the final plat, and shall provide for a deposit to secure
construction of common amenities in future phases. Such security may
take the form of a cash deposit held by the City, or other form of security
approved by the City Attorney and the City Manager, in an amount not
less than the estimated cost to develop the amenities as determined by the
applicant's professionals and sealed by an architect or engineer, and may
be used by City to construct the amenities if the developer fails to perform
in accordance with the "Assurances". Phasing Plan is defined as a graphic
and narrative document that indicates the sequence and/or timing of
construction and shall provide a description of the phasing order (1, 2, 3,)
or by time period (2005, 2006, 2007,) and includes infrastructure
requirements for each phase.
3. Before building permits may be issued for any portion of the project, a
preliminary site plan for the entire project must be approved.
Diversification of ownership will not be considered a valid basis or
justification for a variance or an amendment to a previously approved site
plan.
D. Maximum Building Heights.
1. Except as noted, the maximum building height shall be one hundred feet
(100').
2. The maximum building height for hotel and/or office uses shall be 816
feet above mean sea level for areas labeled hotel/RR as shown on Exhibit
"K", except for the area labeled Hotel/RR which abuts IH-35 which shall
have a maximum height of 792 feet above mean sea level.
Page 6
35 713 7 Town Center - Subarea 1 Use and Development Standards (RR-1, RR-2, SF
2, MF. P. O, and Hotel/RR).
In Town Center Subarea 1, the City rules and regulations applicable to the development of
property located within a RCC-D zoning district are applicable, except as otherwise provided by
this Overlay District and further restricted or excepted as follows:
A. Permitted Uses. The only permitted uses are as shown on the attached Master
Zoning Site Plan (See Exhibit L):
L RR-2: retail sales and services, restaurants, drive-through facilities,
indoor recreation, parks and open space and professional services and
offices. All other uses are prohibited.
2. RR-1: retail sales and services, commercial parking lots, movie theaters,
restaurants, drive-through facilities, indoor recreation, outdoor recreation,
parks and open space and professional services and offices. All other uses
are prohibited.
3. Hotel/RR: retail sales and services, commercial parking lots, hotels,
restaurants, parks and open space and professional services and offices.
All other uses are prohibited.
4. MF: multifamily and parks and open space. All other uses are
prohibited.
5. SF-2: attached single family dwellings, parks and open space. All other
uses are prohibited.
6. P: parks and open space, community service (limited to museums
with educational facilities), major event entertainment (by SUP only). All
other uses are prohibited.
35.7.13.8 Town Center - Subarea 2 Use and Development Standards ( SF-2, BH/MlF,
and CC).
In Subarea 2, the City rules and regulations applicable to the development of property located
within a NRMU zoning district are applicable except as otherwise provided in this Overlay
District and further restricted or excepted as follows:
A. Permitted Uses. The only permitted uses are as shown on the attached Master
Zoning Site Plan (See Exhibit L):
1. SF-2: attached and detached single family dwellings, parks and open
space and basic utilities (specifically an electrical substation). All other
uses are prohibited.
Page 7
2. BH/MF: multifamily, big house, parks and open space. All other
uses are prohibited.
3. CC: elderly housing (all categories), continuing care retirement center,
parks and open space. All other uses are prohibited.
35.7.13.9 Ravzor Ranch Site Design Standards.
In this overlay district, the City rules and regulations regarding site design standards, Subchapter
13, and the Site Design Criteria Manual shall apply, except for the following additional
restrictions and exceptions:
A. Landscaping and Tree Mitigation - Landscaping and Tree Mitigation must
additionally meet the standards set forth in Exhibit "C".
1. Section 1.02(b) Subarea 2 Buffers and Screening "Existing Commercial
Development Buffer (West)" is amended - as follows: The Existing
Commercial Development Buffer shall consist of a masonry wall as
described in Exhibit D and landscape buffer. In addition to the masonry
wall, a 10' landscape buffer (commercial side) will include a minimum of
one (1) tree for every 30 linear feet and 10 shrubs (see Approved Plant
List - Appendix C), minimum 5 gallons, for every 30 linear feet. The
buffer shall have a minimum of 3 tree species with no more than 40% of
each tree being used within the buffer.
2. The installation of the required buffer landscaping along Bonnie Brae
Street may be delayed until after construction of the proposed DME
substation and the proposed North-South 36" City waterline adjacent to
this District.
B. Architecture - Architecture must meet the standards set forth in Exhibit "D".
[ADDITIONAL LANGUAGE FOR THIS EXHIBIT TO BE INCORPORATED
LATER]
35.7.13.10 Parking Standards.
In this district, the City rules and regulations regarding parking standards, Subchapter 14, are
applicable with the following exceptions:
A. Maximum Allowable Number of Parking Spaces. Section 35.14.4.17 shall not
apply.
Page 8
35.7.13.11 Drainage.
A. General
In this overlay district, the drainage improvements shall be designed in accordance with
the requirements provided in the Denton Development Code Section 35.19 and the
Drainage Criteria Manual.
1. Areas within the RR-3 Area that do not drain into North Lakes Park
Property are not subject to the Development Restrictions in Section
35.7.13.9.B.
B. Storm Water Drainage into North Lakes Park (Drainage Areas Al and B1)
1. Drainage Areas Al and B1 depicted on Exhibit "E", Drainage Areas
Exhibit, consist of approximately 225-acres of land that drains into the
South Pond at North Lakes Park formally known as Hickory Creek - Site
16 (Pond 16). This Pond is regulated under Texas Administrative Code
Title 30 Part 1 Chapter 299 Dams and Reservoirs, and is classified as an
intermediate size high hazard impoundment in Section 299.14 of these
regulations. High hazard impoundments are required to pass the Probable
Maximum Flood (PMF) without overtopping of the dam embankment, or
failure of the outlet works, or emergency auxiliary spillway.
2. Exempt Lots: Development of lots in Drainage Areas Al and B1 are
exempt from the restrictions of Subsection 35.7.13.9.13 if the aggregate
impervious cover surface area within all the exempted lots does not
exceed 10,000 square feet. Streets and sidewalks in publicly dedicated
rights-of-way or public access easements are not included in the aggregate
impervious surface area calculation.
3. Development of lots in Drainage Areas Al and B1 that are not exempted
under 35.7.13.9.B.2, above, will be restricted as follows with regard to
drainage improvements until improvements to Pond 16 are constructed
and accepted by the City and TCEQ to achieve compliance with Texas
Administrative Code Title 30 Part 1 Chapter 299 Dams and Reservoirs:
a. Preliminary Plat approval will not be granted for any development
until the City of Denton and TCEQ have approved the preliminary
hydrologic and hydraulic analyses (PMF and dam breach
analyses) and the preliminary engineering (PRELIMINARY
ENGINEERING REPORT) to determine the extent of the
embankment and spillway improvements that are required. TCEQ
"approval" is defined as City receipt of written correspondence
from TCEQ indicating that the methodology, assumptions, flood
hydrograph calculation procedures, and design analysis methods
being used to determine the extent of improvements are in
accordance with TCEQ accepted methods and procedures.
Page 9
b. Final Plat approval will not be granted for any development until
the City of Denton and TCEQ have approved the construction
plans for the embankment and spillway improvements, the source
of funds for construction is identified, and a construction schedule
is committed to for the improvements.
C. Building permits may not be granted until the construction contract
for the embankment and spillway improvements is awarded to a
Contractor acceptable to the TCEQ and City of Denton, and it can
be reasonably determined by the City that the construction and
acceptance of the Pond 16 improvements can be completed prior
to the certificate of occupancy being issued for any building. All
right-of-ways and easements required for construction and
maintenance of Pond 16, if any, must be secured and recorded
prior to a Building Permit being issued by the City.
d. Final Acceptance or Certificate of Occupancy may not be
requested until the improvements to Pond 16 are constructed to
achieve compliance with Texas Administrative Code Title 30 Part
1 Chapter 299 as determined by the TCEQ.
e. Approval may not be granted for any Final Plat that does not
provide for onsite storm water detention until the downstream
channel and culvert improvements at Bonnie Brae Road to convey
the developed peak flow into Pond 16 (downstream
improvements) are designed and approved by the City, and,
constructed and accepted by the City, unless the downstream
improvements are included as part of the development, in which
case the downstream improvements plans will be included and
approved during the Final Plat process
4. Storm Water Quality
a. All Preliminary and Final Plats will include provisions for onsite or
regional storm water quality enhancement, including dedication of
drainage easement areas as necessary to construct the storm water
quality structural controls and management practices as described
in Exhibit "F".
b. The storm water quality controls shall be constructed as a part of
the storm drainage improvements for the development.
C. Approval will not be granted by the City for any Preliminary or
Final Plat that will rely on downstream or regional storm water
quality controls until the downstream improvements to serve the
development are designed and approved by the City, and,
Page 10
constructed and accepted by the City, unless the downstream
improvements are included as part of the platted development.
d. Engineering inspection fees will be paid to the City for the
inspection of all storm water quality controls during construction.
Designer certifications that the storm water quality controls and
management practices were constructed in accordance with the
approved plans will be provided to the City upon request.
5. Exception - First Phase (RR-3 Subarea)
a. Final Plat that provides onsite detention is not prohibited by these
drainage requirements or restrictions if the City approves an
analysis showing the onsite detention pond is sized to capture the
excess runoff volume from the development resulting from the
PMF and provide extended detention of sufficient duration to
prevent a rise in the North Lakes Pond maximum water surface
elevation during the PMF. The Developer's Engineer shall certify
that the analysis shows there will be no rise in the water level and
no adverse impacts to Pond 16 prior to granting approval.
b. No Building Permit for any development in the RR-3 Subarea may
be granted until the City and TCEQ have approved the
construction plans for the Pond 16 embankment and spillway
improvements, the source of funds for construction is identified, a
construction schedule is committed to for the improvements, all
rights-of-way and easements required for construction and
maintenance of Pond 16, if any, are secured and recorded prior to
issuance and other applicable requirements for issuance have been
satisfied. Alternatively, a Building Permit is not prohibited by
these additional drainage restrictions, provided that an onsite
detention pond meeting the requirements of Paragraph B.5.a. in
this Section has been constructed and accepted by the City, and all
other applicable requirements for issuance have been satisfied.
C. In addition to other applicable requirements, a Final Acceptance or
Certificate of Occupancy may not be granted until the
construction contract for the Pond 16 embankment and spillway
improvements is awarded to a Contractor acceptable to the TCEQ
and City of Denton, and it can be reasonably determined by the
City that the construction and acceptance of the Pond 16
improvements can be completed prior to the certificate of
occupancy being issued for any building, and all other applicable
requirements for issuance have been satisfied.. Final Acceptance
or Certificate of Occupancy may be granted by the City if the
onsite detention pond meeting the requirements of Paragraph
B.5.a. in this Section has been constructed and accepted by the
Page l l
City, and all other applicable requirements for issuance have been
satisfied.
d. No other exceptions to the development schedule may be requested
from the City until the improvements to Pond 16 are constructed
to achieve compliance with Texas Administrative Code Title 30
Part 1 Chapter 299 as determined by the TCEQ.
6. North Lakes Park Pond - Freeboard for PMF
a. Freeboard requirements are provided in Section 3.3 of the
Hydrologic and Hydraulic Guidelines for Dams in Texas, TCEQ
Final Draft, approved by TCEQ on August 28, 2006 (TCEQ
Reference Document). Land use assumption requirements are
provided in Section 5.3. No freeboard is required for the PMF for
ultimate development watershed.
b. The PMF hydrograph may be computed following the procedures
in the TCEQ Reference Document or using TR-60 Earth Dams
and Reservoirs, NRCS, July 2005. No freeboard is required if the
TR-60 method is used.
C. The dam breach analysis will include inundation depths and flood
mapping downstream from the dam until the peak flows in Pecan
Creek are attenuated to the non-breach PMF peak levels. The
length of the attenuation will be as defined by Equation 8.3 from
the TCEQ Reference Document.
d. Embankment and spillway improvements designed and constructed
by the developer will be based on the ultimate development
conditions in the pond watershed, including the full development
of the Rayzor Ranch development, per section 5.3 of the TCEQ
Reference Document.
e. An analysis of the effects of flows from the ultimate developed
watershed will be provided by the developer with the dam safety
analysis as set forth in Section 35.7.13.9.B.3.a. Inundation lengths
will be determined per Section 8.5 of the above-mentioned TCEQ
criteria. Inundation limits (width and elevation) will be
determined using HEC-RAS or HEC-2 analysis method, following
the procedures described in Section 8.8 of the TCEQ Reference
Document.
Page 12
35.7.13.12 Transportation.
A. Required Improvements:
1. Developer will provide a temporary easement for an east/west connection
from IH-35 east to Bonnie Brae prior to issuance of any building permit
(other than a clearing and grading permit) for property located in the first
phase (RR-3) portion.
2. The Developer will provide a temporary asphalt or concrete road in the
approximate location of the temporary east/west connection from IH-35
frontage road, at the existing Cracker Barrel access drive, east to Bonnie
Brae as shown in Exhibit "G" prior to issuance of any building permit
(other than a clearing and grading permit) for property located in the first
phase (RR-3) portion.
3. The Developer will provide a right-hand turn lane, on the north side of
West University Drive/U.S. 380 to the northbound IH-35 service road,
prior to issuance of any building permit (other than a clearing and grading
permit) for property located the first phase (RR-3) portion.
4. The Developer will provide a southbound deceleration lane, on the west
side of Bonnie Brae which connects to the east/west connection between
Bonnie Brae and I-35 prior to issuance of any building permit (other than
a clearing and grading permit) for property located in the second phase
(RR-2) portion of Marketplace.
5. The Developer will provide 90% plans as defined by TXDOT for the
remaining improvements to U.S. 380, as identified in the Kimley-Horn
Traffic Impact Analysis dated January 29, 2007, prior to the issuance of
any building permit for any property which is not located in RR-3 or the
SF-1 Subareas of Marketplace.
6. The Developer will construct a left turn lane on northbound Bonnie Brae
which connects to the east/west connection between Bonnie Brae and I-35
prior to issuance of any building permit (other than a clearing and grading
permit) for property located in the RR-2 Subarea of Marketplace.
B. The required 20-foot visibility triangles are to be measured from the curb line not
the property line.
35.7.13.13 Street Standards.
In this overlay district, the City rules and regulations regarding street standards, Section 35.20.2,
shall apply. Alternatively, in all street sections the standards depicted in Exhibit "J" may be
utilized, if different.
Page 13
35.7.13.14 Site Plans.
A. No building permit may be issued for residential development until a site plan is
approved by the Planning and Zoning Commission, and all other Code
requirements have been satisfied. The commission shall approve the site plan if it
finds that:
I. The plan substantially complies with Exhibit L;
2. The plan provides for a compatible arrangement of buildings and land uses
and would not adversely affect adjoining neighborhoods or properties
outside the plan;
3. The plan provides for the adequate and safe circulation of vehicular
traffic; and
4. The plan fully complies with all other sections of this overlay district.
B. Expiration of site plan. Any approved site plan shall be valid for twenty-four (24)
months from the date of its approval. If no construction begins pursuant to a
.building permit issued for the property within the twenty-four (24) months, the
site plan shall automatically expire and no longer be valid. The commission may,
prior to expiration of the site plan, for good cause shown, extend for up to three
hundred sixty (360) days the time for which the site plan is valid.
C. Appeals from commission action. If the commission disapproves a site plan or
imposes conditions, or refuses to grant an extension of time for which a site plan
is valid, the applicant may appeal the decision to the city council by filing a
written request with the department within ten (10) days of the decision.
D. The site plan shall contain the following information:
1. Acreage. The acreage in the plan as shown by a survey, certified by a
registered surveyor.
2. Land uses. Permitted uses, specified in detail as determined by the
department, and the acreage for each use.
3. Off-site information. Adjacent or surrounding land uses, zoning, streets,
drainage facilities and other existing or proposed off-site improvements, as
specified by the department, sufficient to demonstrate the relationship and
compatibility of the district to the surrounding properties, uses, and
facilities.
4. Traffic and transportation. The location and size of all streets, alleys,
parking lots and parking spaces, loading areas or other areas to be used for
vehicular traffic; the proposed access and connection to existing or
proposed streets adjacent to the district; and the traffic generated by the
proposed uses.
5. Buildings. The location, maximum height, and minimum setbacks for all
buildings, and if nonresidential, the maximum total floor area.
Page 14
6. Residential development. The number, location, and dimensions of the
lots, the minimum setbacks, the number of dwelling units, and number of
units per acre (density).
7. Water and drainage. The location of all creeks, ponds, lakes, floodplains
or other water retention or major drainage facilities and improvements.
8. Utilities. The location and route of all major sewer, water, or electrical
lines and facilities necessary to serve the district.
9. Trees and landscaping. The location of all protected trees and a landscape
plan as required by the city's landscape ordinance.
10. Open space. The approximate location and size of greenbelt, open,
common, or recreation areas, the proposed use of such areas, and whether
they are to be used for public or private use.
11. Screening. The location, type, and size of all fences, berms, or screening
features proposed between different land uses or adjacent properties.
12. Signs. Location, type, and size of all signs regulated by the city's sign
ordinance.
13. Sidewalks and hike paths. Sidewalks or other improved ways for
pedestrian or bicycle use.
SECTION 3. The Property is hereby rezoned to the NRMU and RCC-D zoning district
classifications and use designation, as modified by the Rayzor Ranch Overlay District
classification herein defined, and the City's official zoning map is hereby amended to show the
change in zoning district classification.
SECTION 4. The Development Agreement attached as Exhibit M, is approved, and the
City Manager is hereby authorized to execute the document on behalf of the City, and his
designee is hereby authorized to record same as a covenant running with the land lying within
the Rayzor Ranch Overlay District. Any modifications necessary to effectuate its purpose and
approved as to legal form by the City Attorney may be incorporated prior to execution and
recordation. Upon recordation of the executed Development Agreement, as modified, the City
Manager or his designee is authorized to remove section 35.7.13.3.A.5 from the text of the
Denton Development Code, without further action of the Council.
SECTION 5. If any provisions of any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way effect the validity or the remaining provisions
or sections of this ordinance, which shall remain in full force and effect.
SECTION 6. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 7. That this ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the
City of Denton, Texas within ten (10) days of the date of its passage.
Page 15
PASSED AND APPROVED this the O /l day of - , 2008.
`D~ERRY MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: 1
APPRO D AS- O-LEGAL FORM:
By:
EDWIN M. SNYDER, Cl ATTORNEY
Page 16
List of Exhibits
Exhibit A: Metes and Bounds Description and Depiction of Entire Special Purpose Overlay
District
Exhibit B: Depiction of the Approximate 87 Acre Area
Exhibit C: Landscaping and Tree Mitigation Standards
Exhibit D: Architectural Standards
Exhibit E: Drainage Areas Exhibit
Exhibit F: Water Quality Protection Plan Requirements
Exhibit G: Temporary East/West Transportation Connection
Exhibit H: North Lake Park Improvements
Exhibit J: Alternate Street Standards
Exhibit K: Master Zoning Conceptual Plan
Exhibit L: Master Zoning Site Plan
Exhibit M: Development Agreement for Funding
Page 17
EXHIBIT A
METES AND BOUNDS, PART ONE AND PART TWO
410.28 ACRES (TOTAL)
FRANCIS BATSON SURVEY, ABSTRACT NO. 43
B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NO. 192
CITY OF DENTON, DENTON COUNTY, TEXAS
PART ONE
BEING a tract of land situated in the Francis Batson Survey, Abstract No. 43, in the City of Denton, Denton
County, Texas, being all of a called 121.4759 acre tract (description of Shephard Hall Tract, Tract 2),
described in deed to Denton Hillview, L.P., recorded in Denton County Clerk's File No. 2005-127450 of the
Real Property Records of Denton County, Texas, all of a called 0.2254 acre tract (Tract 1), a called 2.1017
acre tract (Tract 2) and a called 2.2200 acre tract (Tract 3) described in deed to Quantum at Denton Self
Storage, L.P., recorded in Volume 5021, Page 01847 of the Real Property Records of Denton County, Texas,
part of a called 18.269 acre tract, described in deed to Denton Property Joint Venture, recorded in Denton
County Clerk's File No. 00-RO101370 of the Real Property Records of Denton County, Texas, all of a called
2.999 acre tract, described in deed to De Hall Properties, Ltd., recorded in Denton County Clerk's File No.
2005-40231 of the Real Property Records of Denton County, Texas, being part of a called 8.9217 acre tract of
land described in Deed to Mesquite Creek Development, Inc., recorded in Volume 4562, Page 0683 of the
Real Property Records of Denton County, Texas, and all of Lot 1 of SANDY ADDITION, an addition to the City
of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 13, Page 47 and Cabinet
J, Slide 348 of the Plat Records of Denton County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2-inch iron rod found for the north end of a corner clip at the intersection of the north
right-of-way line of West University Drive (U.S. Highway No: 380, a 100.20 foot wide public right-of-way) and
the west right-of-way line of Bonnie Brae Street (a variable width public right-of-way) for the most easterly
southeast corner of the beforementioned Lot 1 of SANDY ADDITION;
THENCE with the corner clip, South 45°48'44" West, a distance of 90.93 feet to a 3/4-inch iron rod found for
0
corner,
THENCE with the north right-of-way line of West University Drive, the following courses and distances to wit: o
--North 89°07'28" West, a distance of 773.40 feet to a 5/8-inch iron rod with "KHA" cap set for comer;
-North 88°56'28" West, a distance of 1761.77 feet to a 1/2-inch iron rod found for the southeast comer of
the called 8.9217 acre tract;
THENCE leaving the north right-of-way line of West University Drive with the east line of the 8.9217 acre tract,
North 00°23'40" East, a distance of 276.40 feet to a point for corner;
THENCE crossing the called 8.9217 acre tract, the following courses and distances to wit:
--North 89°10'52" West, a distance of 227.61 feet to a point for comer; °
--North 00°59'35" East, a distance of 80.89 feet to a point for comer; E
--North 89°00'25" West, a distance of 290.00 feet to a point for comer in the east line of Lot 1, Block A of
PORTER/ANDRUS ADDITION, an addition to the City of Denton, Denton County, Texas, according to the
Plat thereof recorded in Cabinet O, Slide 45 of the Plat Records of Denton County, Texas;
a
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Page 1 of 6
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F he east line of Lot 1, Block A and the east line of Lot 2, Block A of PORTERIANDRUS
ddition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
856 of the Plat Records of Denton County, Texas, North 00°59'47" West, a distance of 217.71
h iron rod with "KHA" cap set for the northeast comer of Lot 2, Block A;
e north and west lines of Lot 2, Block A, the following courses and distances to wit:
-North 88°42'36" West, a distance of 400.01 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
-South 01'28'09" West, a distance of 28.89 feet to a 5/8-inch iron rod with "KHA" cap set for the
northeast corner of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, an addition to the
City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet I, Slide 148 of
the Plat Records of Denton County, Texas;
THENCE leaving the west line of Lot 2, Block A of PORTER/ANDRUS ADDITION with the north line of Lot 1R,
Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, North 88°31'28" West, a distance of 399.39 feet to
a 5/8-inch iron rod with "KHA" cap set in the northeasterly right-of-way line Interstate Highway No. 35 (a
variable width public right-of-way) for the most northerly northwest comer of Lot 1 R, Block 1 of ALVIN AND
CHARLOTTE WHALEY ADDITION;
THENCE leaving the north line of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION with the
northeasterly right-of-way line Interstate Highway No. 35, North 16°07'54" West, a distance of 632.67 feet to a
5/8-inch iron rod with "KHA" cap set for the southwest comer of Lot 14 of GREENWAY CLUB ESTATES, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 4,
Page 27 of the Plat Records of Denton County, Texas;
THENCE leaving the northeasterly right-of-way line Interstate Highway No. 35 with the south and east lines of
GREENWAY CLUB ESTATES, the following courses and distances to wit:
--North 73°15'13" East, a distance of 518.79 feet to a 5/8-inch iron rod with "KHA" cap set for the
beginning of a curve to the right;
--Easterly, with the curve to the right, through a central angle of 16°47'40", having a radius of 345.00 feet,
and chord bearing and distance of North 81 °39'03" East, 100.76 feet, an arc distance of 101.13 feet to a E
5/8-inch iron rod with "KHA" cap set for the end of the curve; o
--North 89°58'43" East, a distance of 364.46 feet to a5/8-inch iron rod with "KHA" cap set for comer;
--North 00°57'04" West, a distance of 450.70 feet to a 5/8-inch iron rod with "KHA" cap set for the o
southwest corner of Lot 1, Block 10 of WESTGATE HEIGHTS, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet E, Slide 78 of the Plat Records of r
Denton County, Texas;
THENCE leaving the east line of GREENWAY CLUB ESTATES with the south and east lines of WESTGATE
HEIGHTS, the following courses and distances to wit:
--North 89°32'37" East, a distance of 48.23 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--South 87°34'57" East, a distance of 1042.99 feet to a 5/8-inch iron rod with "KHA" cap set for comer;
--North 00°32'57" East, a distance of 318.04 feet to a 5/8-inch iron rod with "KHA" cap set for the most
northerly northwest corner of the beforementioned 121.4759 acre tract o
0
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THENCE leaving the east line of WESTGATE HEIGHTS with the north line of the 121.4759 acre tract, South -
89°13'56" East, a distance of 2067.29 feet to a 5/8-inch iron rod with "KHA" cap set in the west right-of-way
line of Bonnie Brae Street;
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THENCE leaving the north line of the 121.4759 acre tract with the west right-of-way line of Bonnie Brae Street,
the following courses and distances to wit:
--South 00°37'18" West, a distance of 1455.38 feet to a 5/8-inch iron rod with "KHA" cap set for comer;
--South 00°26'45" West, a distance of 568.70 feet to the POINT OF BEGINNING and containing 153.37
acres of land.
Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND
R0610060.
PART TWO
BEING a tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 192, in the City of
Denton, Denton County, Texas, being part of a called 265.6365 acre tract of land (description of Shephard
Hall Tract, Tract 1), described in deed to Denton Hillview, L.P., recorded in Denton County Clerk's File No.
2005-127450 of the Real Property Records of Denton County, Texas, and all of Lot 3 of LOTS 1,2,8,3
PEARCY/CHRISTON ADDITION No. 1, an addition to the City of Denton, Denton County, Texas, according to
the plat thereof recorded in Cabinet B, Slide 34 of the Plat Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod found in the south right-of-way line of West University Drive (U.S. Highway
No. 380, a 100.20 foot wide public right-of-way) for the northerly common corner of Lots 2 and 3 of the
beforementioned LOTS 1,2,8,3 PEARCY/CHRISTON ADDITION;
THENCE leaving the south right-of-way line of West University Drive with the common line of Lots 2 and 3,
South 01 °08'26" West, a distance of 600.00 feet to a 5/8-inch iron rod found for the southerly common comer
of Lots 2 and 3;
THENCE leaving the common line of Lots 2 and 3 with the south lines of Lot 2 and Lot 1-C of LOTS 1-A, 1-B,
1-C PEARCY/CHRISTON ADDITION No. 1, an addition to the City of Denton, Denton County, Texas, E
according to the plat thereof recorded in Cabinet L, Slide 188 of the Plat Records of Denton County, Texas, °
South 89°04'34" East, passing the southeast corner of Lot 1-C at a distance of 711.59 feet and continuing for
a total distance of 730.60 feet to a 5/8-inch iron rod found in the west right-of-way line of Bonnie Brae Street (a o
variable width public right-of-way) for the most easterly northeast comer of the beforementioned 265.6365
acre tract;
THENCE with the west right-of-way line of Bonnie Brae Street, the following courses and distances to wit:
--South 00°58'54" West, a distance of 1438.01 feet to a 5/8-inch iron rod with "KHA" cap set for comer;
--South 00°48'51" West, a distance of 1175.56 feet to a 5/8-inch iron rod with "KHA" cap set for the w
beginning of a curve to the right;
--Southwesterly, with the curve to the right, through a central angle of 45°01'58", having a radius of o
321.07 feet, and chord bearing and distance of South 23°19'47" West, 245.91 feet, an arc distance of a
252.35 feet to a 5/8-inch iron rod found for the beginning of a reverse curve to the left; o
--Southwesterly, with the the curve to the left, through a central angle of 57°31'56", having a radius of - o
392.01 feet, and chord bearing and distance of South 17°04'48" West, 377.30 feet, an arc distance of ` E
393.63 feet to a 5/8-inch iron rod found for the end of the curve;
--South 11 °41'10" East, a distance of 10.57 feet to a 5/8-inch iron rod found for the north end of a o
corner clip at the intersection of the north right-of-way line of Scripture Street (a variable width public g
right-of-way) and the west right-of-way line of Bonnie Brae Street;
w
THENCE with the corner clip, South 39°33'50" West, a distance of 11.48 feet to a 518-inch iron rod found for
the south end of the comer clip;
Page 3 of 6 x
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rTHENN/CCE E with the north right-of-way line of Scripture Street, North 88°58'00" West, a distance of 1265.16 feet
58-inch iron rod found in the south line of the 265.6365 acre tract;
leaving the north right-of-way line of Scripture Street, the following courses and distances to wit:
--North 01 °02'00" East, a distance of 500.06 feet to a 5/8-inch iron rod found for comer;
-North 88°58'00" West, a distance of 761.56 feet to a 518-inch iron rod found for comer;
--South 01 °02'00" West, a distance of 500.06 feet to a 5/8-inch iron rod found in the north right-of-way
line of Scripture Street;
THENCE with the north right-of-way line of Scripture Street, the following courses and distances to wit:
--North 88°58'00" West, a distance of 318.44 feet to a 5/8-inch iron rod with "KHA" cap set for comer,
-North 88°48'26" West, a distance of 41.73 feet to a 518-inch iron rod found in the northeasterly
right-of-way line Interstate Highway No. 35 (a variable width public right-of-way) and the north
right-of-way line of Scripture Street for the most southerly southwest comer of the 256.6365 acre tract;
THENCE with the northeasterly right-of-way line Interstate Highway No. 35, the following courses and
distances to wit:
-North 15°50'30" West, a distance of 38.32 feet to a 5/8-inch iron rod with "KHA" cap set for comer;
--North 16°24'00" West, a distance of 3494.36 feet to a 5/8-inch iron rod found for comer;
-North 14°50'06" East, a distance of 171.01 feet to a 3-inch brass disk in concrete found for comer;
--North 46°04'12" East, a distance of 303.95 feet to a 5/8-inch iron rod found for comer;
-North 60°32'22" East, a distance of 114.22 feet to a 5/8-inch iron rod found for comer;
--North 00°58'25" East, a distance of 13.09 feet to a concrete monument found in the south right-of-way
line of West University Drive;
THENCE leaving the northeasterly right-of-way line Interstate Highway No. 35 with the south right-of-way line
of West University Drive, the following courses and distances to wit: E
a
-South 88°56'28" East, a distance of 2440.06 feet to a 5/8-inch iron rod with "KHA" cap set for comer;
--South 89°01'07" East, a distance of 117.72 feet to the POINT OF BEGINNING and containing 256.91 o
acres of land.
n
Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND
R0610060.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests implied <
or established by the creation or reconfiguration of the boundary of the political subdivision for which it was °
prepared.
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PART ONE, 153.37ACRES
FRANCIS BATSON SURVEY, ABSTRACT NO. 43
CITY OF DENTON, DENTON COUNTY, TEXAS
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PART TWO, 256.91 ACRES
B.B.B. B C.R.R. COMPANY SURVEY, ABSTRACT NO. 192
CITY OF DENTON, DENTON COUNTY, TEXAS
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Exhibit C
THE MARKETPLACE AREA - SUBAREA 2 - (RR-2 AND RR-3)
Section 1.00 Purpose:
The Rayzor Ranch Marketplace will feature over 800,000 square feet of retail anchored
by Sam's Club and Wal-Mart SuperCenter. The Marketplace will also feature additional
big box retailers, junior anchors, specialty retailers, restaurants and financial/professional
services. The design of the shopping center will be consistent with Rayzor Ranch Town
Center to ensure continuity of space and a cohesive design throughout the project.
Section 1.01 Subarea 2 Landscape Guidelines:
(a) Open Space Requirements:
The Marketplace tract within Rayzor Ranch will maintain an average open space of
21% of the overall site. This open space shall include all planted areas (parking lot
islands, planted buffer strips, sidewalks within planted areas and paved plaza spaces).
It shall not include parking, road, or drive areas, building footprint areas and loading
docks.
(b) Parking Field Requirements:
The Marketplace tract will incorporate the following planting guidelines in all
parking areas:
(i) Landscape Islands:
There will be one planted island for every 10 linear parking spaces. This planting
island shall be no less than the same size as 1 standard parking space (18'x9', 162
s.f). Each island shall contain 1 shade tree (2" min. cal.) from the Approved Plant
List (see Appendix Q. Alternatively, there will be one planted island for every 20
linear parking spaces. This planting island shall be no less than the same size as 2
standard parking spaces (18'x18', 324 s.f). Each island shall contain 2 shade trees
(2" min. cal.) from the Approved Plant List (see Appendix Q. Ground cover
within the island shall be 100% turf, shrub, planted groundcover, river rock, or
mulch or combination thereof (See Diagram I-01, page 7).
(ii) End Islands:
There shall also be an end island for every parking row. This end island shall be
no less than the same size as a standard parking space (18'x9', 162 s.f). Each
island shall contain I shade tree (2" min. cal.) from the Approved Plant List (see
Appendix C). Ground cover within the island shall be 100% turf, shrub, planted
groundcover, river rock, or mulch or combination thereof (See Diagram 1-01,
page 7).
(c) Street Tree Requirements:
(i) Location:
Street trees in the Marketplace shall be located between the street and sidewalk,
within a designated planting strip in the right-of-way, or in tree wells with the
sidewalk that is eight (8) feet wide or greater, subject to the approval of the
Director of Planning and Development.
(ii) Number and Spacing:
Street trees in the Marketplace shall be planted on spacing no greater than one (1)
tree for every 45 linear feet of street frontage.
1) Spacing from Utilities: All provisions of this Section are subject to the
approval of the Director of Planning and Development.
a) Service Lines:
No trees shall be planted closer than nine (9) feet from any underground
water or wastewater utility connection or main and no closer than five (5)
feet from any other underground utility lines. The location of the utility
line shall be considered, for distance purposes, to be the surface of the
ground above the line.
b) Fire Hydrants:
No trees shall be planted closer than five (5) feet from any fire hydrant.
c) Street Lighting:
Street lighting instruments shall be installed according to the design
criteria of the electric utility. Individual street light instruments may be
substituted in the place of individual street trees, in order to reduce
tree/instrument conflict.
d) View Corridors / Visual Triangles:
No street trees shall be planted within established view corridors or visual
triangles.
2) Spacing from Driveways: No trees shall be planted closer than five (5) feet
from any driveway.
(iii) Tree Species:
Tree species to be used for street trees must come from the Street Tree "F" list as
shown in Appendix C.
2
Section 1.02 Subarea 2 Buffers and Screening:
The Marketplace shall incorporate buffers between the Marketplace and the adjacent
areas to the north and east.
(a) Residential Development Buffer (North) (SF-1)
The Residential Development Buffer shall consist of a fencing and landscape buffer.
The wood fence (8' ht. minimum) shall include steel posts and a decorative cap with
the good side facing the residential use or zoning district. Additional to the wood
fence, a 10' landscape buffer (residential side) will include a minimum of one (1) tree
for every 20 linear feet and 20 shrubs (see Approved Plant List - Appendix C),
minimum 5 gallons, for every 30 linear feet. The buffer shall have a minimum of 3
tree species with no more than 40% of each tree being used within the buffer. The
wood fence must have openings a maximum of every 300' for maintenance to
landscaping in the buffer.
(b) Existing Commercial Development Buffer (West)
The Existing Commercial Development Buffer shall consist of a masonry wall as
described in Exhibit D and landscape buffer. In addition to the masonry wall, a 10'
landscape buffer (commercial side) will include a minimum of one (1) tree for every
30 linear feet and 10 shrubs (see Approved Plant List - Appendix C), minimum 5
gallons, for every 30 linear feet. The buffer shall have a minimum of 3 tree species
with no more than 40% of each tree being used within the buffer.
(e) Buffering along North Bonnie Brae Street
The Residential Development Buffer shall consist of a fencing and landscape buffer.
The wood fence (8' ht. minimum) shall include steel posts and a decorative cap with
the good side facing North Bonnie Brae Street. Additional to the wood fence, a 20'
landscape buffer adjacent to the Bonnie Brae Expansion Right of Way will include a
minimum of one (1) tree for every 30 linear feet and 10 shrubs (see Approved Plant
List - Appendix C), minimum 5 gallons, for every 30 linear feet. The buffer shall
have a minimum of 3 tree species with no more than 40% of each tree being used
within the buffer. A 10' wide sidewalk/trail will be placed in the 20' landscape buffer
to provide a connection between McKenna Park and North Lakes Park.
3
(d) Service and Equipment Screening:
(i) Refuse Container Screen:
Containers or disposal areas shall be screened from view by placement of a solid
wood fence or masonry wall as tall as the refuse containers, but no less than five
(5) feet in height. All refuse materials shall be contained within the refuse area.
(ii) Service Corridor Screen:
When adjacent to residential uses, commercial and industrial service corridors
shall be screened. Siting and design of such service areas shall reduce the adverse
effects of noise, odor and visual clutter upon adjacent residential uses.
(iii) Mechanical Equipment Screen:
All mechanical equipment shall be screened from any public right-of-way or
adjacent to residential use or zoning district.
(iv) Outdoor Storage:
All outside storage shall comply with the provisions of Section 35.12.7.
Section 1.03 Subarea 2 Access, Parking and Circulation Requirements:
(a) External to the Development:
(i) Vehicular Access:
1) Access Management:
The Marketplace shall provide access that complies with Access Management
principals of location, spacing and sharing of curb cuts. The Marketplace shall
provide adequate stacking distance for all entrances.
2) Connectivity:
All non-residential development, excluding industrial, shall provide access to
the adjoining residential property (north).
(ii) Pedestrian Access:
All developments shall provide pedestrian access by linking to any adjacent
sidewalk(s), multi-use path(s) or public transportation stop.
(iii) Transit Amenities:
4
Transit amenities, bus shelters, and pullouts shall be provided as required under
Subchapter 20 Transportation of the City of Denton Development Code.
,(b) Internal to the Development:
Vehicular Circulation:
1) Internal circulation shall be well defined by use of end caps and landscaped
areas.
2) Cross Access: Prior to division of property, circulation and access standards
shall be applied and, if necessary, cross easements shall be required so that
access to all properties created by the subdivision can be made from shared
curb cuts.
(c) Parking Lot Landscaping and Screening Standards:
All parking lots, which for purposes of this section, include areas of vehicle maneuvering,
parking, and loading, shall be landscaped and screened as follows:
(i) Landscape Standards:
1) A minimum of 7% of the total parking area shall be landscaped.
2) A minimum of 15% of the required parking shall be covered by tree canopy.
3) The tree species shall be an appropriate shade tree and shall be selected from
the Approved Plant List (see Appendix C) for the Rayzor Ranch
Development.
4) The landscaped and end cap areas shall be planted with trees and, shrubs or
groundcover. Landscaped areas should be evenly distributed throughout the
parking area and parking perimeter.
(ii) Screening at Right of Way:
Parking is allowed in front of a building if the parcel meets the following design
standards.
1) Parking lots shall be separated from the street frontage by a 15' landscape area
to reduce visual impacts.
2) The 15-foot landscape area shall begin from the Public Utility Easement
(PUE). If an easement does not exist, the landscape area shall begin from the
street right-of-way.
3) Large trees shall be planted every 40 linear feet within the 15-foot landscape
area.
4) A minimum of three small accent trees clustered every 30 linear feet within
the 15-foot landscape area may be substituted for the large tree requirement.
5) At least one or any combination of the following shall be used to help screen
the parking lot:
5
a) Xeriscape landscaping may be planted within the 15-foot landscape area.
Xeriscape landscaping shall require water irrigation for a period of three
years for landscaping to be established. After 3 years, no irrigation is
required, except for supplemental irrigation during periods of drought;
b) A minimum three foot high continuous row of evergreen shrubs planted
within the 15 foot landscape area; or
c) A minimum three-foot high continuous wall made of any combination of
wrought iron, masonry, or stone within the 15-foot landscape area. If
wrought iron is used, vines shall be grown on the wrought iron to help
screen the parking lot.
6) There will be one planted island for every 10 linear parking spaces. This
planting island shall be no less than the same size as I standard parking space
(18'x9', 162 s.f.). Each island shall contain 1 shade tree (2" min. cal.) from
the Approved Plant List (see Appendix Q. Alternatively, there will be one
planted island for every 20 linear parking spaces. This planting island shall be
no less than the same size as 2 standard parking spaces (18'x18', 324 s.f).
Each island shall contain 2 shade trees (2" min. cal.) from the Approved Plant
List (see Appendix Q. Ground cover within the island shall be 100% turf,
shrub, planted groundcover, river rock, or mulch or combination thereof (See
Diagram I-01, page 7).
(iii) Subarea 2 shall include the following Drive-through requirements:
1) Drive-through uses shall provide sufficient stacking area to ensure that public
rights-of-way are not obstructed.
2) Drive-through uses must be built as an integral architectural element of the
primary structure and use. The materials are the same as those used in the
primary structure. Drive-through structures and facilities separate from the
primary structure are prohibited.
3) Drive-through uses must be located to the rear or side of the structure, and
buffered on the rear and side lot lines as required in section 35.13.10.
Section 1.04 Subarea 2 Light and Glare Performance Requirements:
All lighting within the Marketplace development shall meet the following standards:
(a) Light may not measure more than one-half foot-candle of illumination at the property
line.
(b) Lights shall have shields installed to prevent the upward diffusion of light.
(c) Areas designated for pedestrian use shall provide a minimum of one foot candle of
illumination.
6
Diagram 1-01
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8
Appendix C
Approved Plant List
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9
Tree Maintenance and Mitigation:
If preservation cannot be reasonably achieved, then the Denton Development Code
standards shall apply.
Each replacement tree shall be a minimum of 2" caliper, measured 6" above grade, and at
least 5' in height when planted. The replacement trees must all be large canopy trees,
preferably native Oak trees.
A performance bond is required prior to Building Permit issuance with each phase of
Rayzor Ranch. The purpose of the bond is to ensure the landscape and trees are planted
and well maintained. Upon completion of the three year establishment period for all
landscape and tree plantings within the Rayzor Ranch project, the City shall inspect the
trees to determine if 90% of the trees are healthy and have a reasonable chance of
surviving to maturity. Upon such a finding, the City shall release the performance bond.
If the applicant does not take remedial steps to bring the property into compliance, the
City shall make demand for payment on the bond. The City may use all legal remedies to
enforce this requirement, in addition to making demand on the bond.
The developer shall pay $215,500 into the Rayzor Ranch Tree Mitigation Escrow Fund
prior to the issuance of the first clearing and grading permit for the Rayzor Ranch
development. Any accumulated interest shall be available for additional tree planting and
maintenance on public trees in Rayzor development, or as otherwise specified herein.
The developer shall bear all administrative costs for the Rayzor Ranch Tree Mitigation
Escrow Fund. The City must be a third party beneficiary to the Rayzor Ranch Tree
Mitigation Escrow Fund, to be held in trust by the City or a designated third party agent.
Funds paid into the Rayzor Ranch Tree Mitigation Escrow Fund shall be used to
purchase, plant, and maintain trees in Rayzor Ranch. At the completion of the Rayzor
Ranch project, any remaining funds may be used to plant trees on public property off-site,
not beyond a 5-mile radius.
If the developer is unable to plant the required replacement trees concurrent with that
phase of development, then the developer shall pay into the City of Denton Rayzor Ranch
Tree Fund an amount equal to $215,500, minus a credit of $125 per caliper inch actually
planted. For the purposes of replacement trees, for trees removed prior to permit issuance,
all trees will be calculated on 2" caliper at time of planting.
10
Ftayzor, Ranch Mittgatlon Chart
North Site
F
Total caliper inches of trees taken'down and still remaining is 7713
161 caliper mches of the7713 ere QualrtytProtected`Trees
5524.Caliper ruches of ttie 7713 inches were,taken down r
2189 Caliperinchestof the 7713 inches are remaining'
7713 inches 161 Inches=of QuahtylPr6ted6d Trees° 2552 mchesw
7552;are SecondaryrTrees requiring 12 5% mitigation 944 caliper inches;
16Tare'Quality/Protected Trees requiring 1 2 or 1 1 5 mitigation
At the worstcase scenario 1 2 322 capper inches
Total; caliper inches to mitigate 944 + 322 1266 inches
This is 633,trees (assuming mitigation is with 2"eaaltpertrees)
s
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Trees to:Preserve ' %
3 Quality,Trees 42 4 inches
2 Protected Trees 43.51mches
Total cahper,'inches,to preserve = 85 9 inches i
4 tz
t'r`ees to Mitigate ~ ~ ~ ,
34 Q aali Trees 351 1 ^mches ;
6,Pr'otected.Trees 298:6 mches';
1
2 Large Secondary 49 4 inches ;
1 S Secondary = 23 25 inches
Total capper inches to mitigate 457 25 inches
Thisis 229 trees (assuming mitigahon is with 2' cahpertrees)
Miti ation'TotaLof,Noith:andSouth,Sites'-1724":25 Inches
Pre"servation Totahof,~Nortti:antl3outh.Sites =;85.9<inchess>
K
*This mitigation plan is a proposed plan , if any transplantedinies
die within the first year, the developer will replace the trees mith;the
equivalent number of'caliper incfies
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12
Exhibit D
Architectural Guidelines
Article 7 Large Scale Development Regulations (RR3)
Building design shall contribute to the uniqueness of the development with predominant materials, ele-
ments, features, color range and activity areas tailored specifically to the site and its context. In the case of
a multiple building development, each individual building shall include predominant characteristics shared
by all buildings in the development so that the development forms a cohesive place within the zone district
or community. A standardized prototype design shall be modified as necessary to comply with the require-
ments of this subsection. Developments involving a gross floor area in excess of 40,000 square feet of a
single user and located in a RR-3 district shall comply with the following standards:
A. Orientation:
1. Architectural features on building facades that are visible from I-35N and West University Drive
(excluding facades facing residential property that are screened by an eight-foot masonry wall
and facades facing the side or rear of property zoned and used for commercial purposes or indus-
trial purposes) shall provide the following design features: (Refer to photographs in Appendix F)
a. Facade walls shall not have an uninterrupted length in excess of one hundred feet (100').
Facades to provide the following at intervals no greater than one hundred feet (100')
excluding elements provided in Item d (Entryways) below:
i. Color change, texture change, and material changes within the walls.
ii. A change in wall plane no less than twelve inches (12") in depth extending a
length of a minimum of twenty feet (20') and
iii. Variations in the top of the wall of a minimum of two feet in the height.
b. Top of walls shall also have overhanging eaves or horizontal elements, extending no less
than three (3) feet past the supporting walls, or sloped roof elements, or cornice expres-
sions or coping detail or minimum twelve inches (12") tall.
C. Facades shall also provide at least one of the following:
i. Wall plane projections or recesses having a depth of at least 3% of the length of
the facade and extending at least 20% of the length of the facade, not to exceed
one hundred feet (100').
ii. Pilasters projecting from the plane of the wall by a minimum of sixteen inches
(16"). The use of pilasters to interrupt horizontal patterns such as accent banding
is encouraged.
iii. Canopies, awnings, or porticos projecting a minimum of six feet (6') from the
plane of the primary facade walls.
iv. Repetitive ornamentation including decorative applied features such as wall-
mounted light fixtures or applied materials. Repetitive ornamentation shall be
located with a maximum spacing of fifty feet (50').
V. Faux window/framed elements.
d. Entryways. Each large retail establishment on a site shall have clearly defined, highly
visible customer entrances. Stone is required to be used as a major portion of the wall
material at each customer entrance.
C. The building shall have a design element that emulates the Rayzor Ranch signature
feature. This includes building materials and architecturally compatible light fixtures.
This element should occur at an entryway.
2. Architectural Features on building facades facing residential property that are screened by an
eight-foot masonry wall and facades facing the side or rear of property zoned and used for com-
mercial purposes or industrial purposes should have the following elements: (Refer to photo-
13 Rayzor Ranch Architectural Guidelines Version 1.6
graphs in Appendix F)
a. A pattern that includes all of the following elements at intervals of no more than one
hundred (100') feet, horizontally. The following pattern is also to occur vertically at least
once within the height of the building, above ten feet (10') height:
i. Color change, texture change, and a change in plane, no less than 2'-8" in width,
such as an offset, reveal or projecting pilaster with a stepped capital or coping.
b. Variation in the top of the wall of a minimum two feet (2') change in height at maximum
of two hundred feet (200') intervals. Peaks, arches, or other expressions of the front wall
form are encouraged and should be used.
C. Top of the wall to have a cornice or coping detail a minimum of twelve inches (12") tall.
3. Sidewalk display and cart storage. Areas for customer loading or merchandise shall be clearly de-
lineated and shall not be located in front of any customer entrances, exit door(s), or within fifteen
feet (15') on either side of the door(s).
4. Permanent outdoor display, sales and storage. Merchandise may be stored or displayed for sale to
customers on the front or side of the buildings in accordance with this paragraph.
a. The total square footage of all permanent outdoor storage, display, and sales areas shall be
limited to 10% of the footprint of the building, but in no event shall exceed 20,000 square
feet, except for home improvement use, which may not exceed 45,000 square feet of out-
door storage and the 10% footprint restriction does not apply.
b. Permanent outdoor storage, display and sales shall be contiguous to the building and shall
not be permitted within seventy-five feet (75') of residential property.
C. The permanent storage, display and sales area shall be enclosed by a minimum eight-foot
(8') wall of columns minimum two inches (2') wide, of like appearance to the building
with wrought iron or decorative tubular fencing between, and topped by wrought iron or
tubular steel fencing. No merchandise other than trees shall be visible above the wall or
fence. (Refer to photographs in Appendix F)
d. Seasonal outdoor display will be allowed. Size will be limited to 11, 000 square feet
maximum. Dates for outdoor display will be year round. Merchandise may not exceed ten
feet (10') in height except for trees.
5. Rear Storage. Bulk merchandise may be stored behind the building. The sides and back of the
storage area shall be screened with a chain link fence covered with windscreen, except for any
side or back that is separated from any residential property by an eight-foot masonry wall and
landscaped buffer yard, in which case additional screening is not required. Windscreen shall be
maintained in good repair and free of tears. The rear storage area shall not be accessible to cus-
tomers. Merchandise shall be stacked no higher than twenty-five feet (25') or level with the top of
the adjacent sidewall of the building, whichever is lower, and may not be stacked above the height
of the chain link fence.
6. Wall and landscaped buffer yard. An eight-foot masonry wall of brick, stone, split block or con-
crete cast to simulate such materials shall be constructed along the common boundary line of the
adjacent residential property, or as close as practicable in the event of intervening alleys, ease-
ments and drainage channels. If the large retail store property and residential property are sepa-
rated by intervening property under separate ownership that is less than 20 feet wide, a wall shall
be constructed along the property line of the large retail store facing the residential property.
7. Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of merchandise,
equipment or other items may not occur within one hundred feet (100') of residential property.
Loading docks must be located to the side or rear of the building unless the loading area is com-
pletely screened from the street, and loading docks shall be located more than one hundred feet
(100') from residential property except for area by Greenway Drive which shall be seventy five
feet (75'). Pavement may be located within one hundred feet (100') of residential property.
14 Rayzor Ranch Architectural Guidelines Version 1.6
8. Trash Collection and Compaction. Trash collection and compaction may not occur within one
hundred feet (100') feet of residential property and shall be screened from public view, except
seventy five feet (75') at Greenway Drive.
9. Mechanical equipment. No mechanical equipment may be located within one hundred feet (100')
of residential property. Mechanical equipment shall be screened from public view on site.
B. Building Materials:
1. Fronts and street sides of buildings, excluding windows, visible from the public rigbt-of-way shall
be non-reflective and shall be of wood, masonry, stone, concrete, decorative block, stucco, FIDO
board or other high quality material customarily used. For purposes of this subsection non-reflec-
tive means materials with exterior visible reflectance percentages less than 27 percent.
Acceptable material and color palette (reference Appendix A-D):
• Limestone or varying colors, sizes and textures;
• Concrete -Architectural finish. Texture coated or textured and colored.
• Masonry - brick or decorative CMU.
• Porcelain Tile
• Galvanized metal panels or prefinished architectural metal panels of a neutraUearthtone color;
• Painted siding of a warm, neutral/earthtone color in accent areas only;
• EIFS or stucco of a warm, neutraUearthtone color;
Accent colors of a warm, neutral/earthtone range are required but should be used in a
limited manner;
Natural metals such as but not limited to zinc and copper;
• Natural wood, stained or painted.
• Roofing tile, metal shingles and panels, or slate in galvanized or natural/earthtone color.
2. The use of ground mounted lighting or pedestrian level accent lighting is encouraged.
C. Streetscape/Public Spaces:
1. One square foot of Plaza or Public Space shall be required for every 10 square feet of gross
ground floor area. Plaza or Public Space may be located anywhere within Rayzor Ranch.
2. Plazas or public spaces shall incorporate at least 3 of the 5 following elements, which may be
located anywhere within Rayzor Ranch:
a. Sitting space - at least one sitting space for each 250 square feet shall be included in the
Plaza. Seating shall be a minimum of sixteen inches (16") in height and thirty inches
(30") in width. Ledge benches shall have a minimum depth of thirty inches (30").
b. A mixture of areas that provide shade.
C. Trees in proportion to the. space at a minimum of I tree per 800 square feet.
d. Water features or public art.
e. Outdoor eating areas or food vendors.
f. Planting areas in the sidewalk are encouraged. Pots or above grade planters are allowed,
minimum of 15 gallons. (Refer to photographs in Appendix F)
3. Each freestanding, large-scale development building shall have a minimum of 100' sq. ft. seating
area including permanent benches along the front sidewalk area. A minimum of one bike rack
shall also be included along the storefront. Bench and bike rack should be of an architecturally
consistent design.
D. Mechanical Equipment Screening:
1. All mechanical equipment should be fully screened from view from public on the site or public
pedestrian spaces. Acceptable method for ground mounted equipment is evergreen shrubbery or
metal or wood screen wall system. Acceptable method for roof equipment is parapet height exten-
sion or screening by slopped roof forms. Color or finish per acceptable material palette (reference
15
Appendix A-D).
E. Accessory Use:
1. All accessory uses to a large scale development shall be architecturally compatible with the main
structure.
Article 8 Definitions
Guidelines: Provisions which are not mandatory but, are provided in order to educate about design ob-
jectives.
Bie House: Residential buildings designed for multiple residential units with ten (10) units or less, ex-
cluding duplexes, either for rental or condominium ownership that are not multifamily.
Multifamily: Residential buildings designed for multiple residential units with greater than ten (10)
units.
Rayzor Ranch: The comprehensive (mixed use/master plan) development which includes both the
Rayzor Ranch Marketplace and Towne Center Overlay Districts.
Standards: Provisions which are mandatory and must be followed.
16
APPENDIX A
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Durable veneer materials available within the region: stone, metal, wood are utilized in a meaningful and prag-
matic way. Regional materials should be utilized when possible as their natural color palette harmonizes with this
environment and their close proximity encourages responsible material resourcing. Native Texas quarried stone
to have a warm, cream color and diverse range of color and finish. Wood (Cedar, pine, Douglas Fir), metals,
masonry should be used to provide complimentary color and texture. Standing Seam and slate roof materials are
appropriate for this aesthetic and should be utilized where the roof is the prominent component of the building
massing.
Example Material Applications
Stone
Limestone Block
Flat Seam Metal Panel,. Wood Soffet
e
Cementboard/Wood Siding
Textured Coated Concrete
Standing Seam Roof
Colors are for illustrative purposes. Colors shown will closely match final color selection.
P-1 P-2 MM P-3 P4
Benjamin 'Benjamin Benjamin Benjamin
Moore 1100 I1 Moore 1067 Mooa 1267 Moore 1239
P-5 P-6 P-7 P-8
Benjamin Benjamin Tnemec Tnemee
Moore Moore 03MT 04MT
HC-172 HC-169
17 Rayzor Ranch Architectural Guidelines
APPENDIX A
Example Material Applications (continued):
Colors are for illustrative purposes. Colors shown will closely match final color selection.
P-9 P-10 P-11 P-12
W W W SW6062 SW6335 SW6041 Benjamin
Moore OC-5
P-13 P-14 P-15 P-16
SW6159 SW6136 SW0009 SW6117
P-1] PP-19 P-20
SW2831 IC-18204 ICI 524 IC1602
P-21 P-22 P-23 P-24
10515 ICI 1676 [C] 1337 ICI 1674
P-25 P-26 P-27 P-28
I01675 Benjamin Benjamin Benjamin
Moore Moore Moore
HC-100 HC-105 AC-28
P-29
Benjamin
Moore
1603
I8
APPENDIX B
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Example Canopy and Shading Applications
N
0
JSunshade Awning
0'.4 0, M~i
7L
' Canopy =_',~]c~_ -sa.~ I
Canopy
Y
_ Overhang
Loggia
Arbor Trellis
1
t
19 Rayzor Ranch Architectural Guidelines
APPENDIX C
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Example Amenities
Speciality Merchandising _ Benches
1
Trash Cans
~•N~1 t~1'~ ~ i
Planters
I
I I ~
'Fans
Bollards _
7~0 Lighting sv,
t.nTc .e. l 20 Rayzor Ranch Architectural Guidelines
APPENDIX D
Rayzor Ranch Architectural Guidelines
The Rayzor Ranch architectural aesthetic is derived from influences found in the North Texas region. A timeless
architectural palette recalling the strong Ranching heritage imagery where practical design of buildings efficiently
respond to function and climate. Authentic Ranch Houses, Barns, Commercial and industrial structures native
to this region utilize broad overhangs sheltering people and property from a range of climate conditions. Their
structural systems are simple and engineering efficient utilizing the most economical materials available.
Example Architectural Imagery
Sheltering Forms
Utilitarian Materials I
yvYt,~ y-91 r~ t,_
..Ranch
il< !
r a t _~ivxatt y
F
unctional Design r
iai
vy
Landscape
r
•~r
21 Rayzor Ranch Architectural Guidelines
APPENDIX E
Rayzor Ranch Architectural Guidelines
Example Architectural Imagery (Big Houses):
~ _ ~ - ■ ' c•■ it ~ -
4i t L` -
L
;N
Lis
1 ~ ' 111 f ~ ~ ~ ~ hr ~ ~ - r---•--'S` `~I~~
F,^ ~ t
1 ~ 1
r
22
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples:
31
=Ja• ~ .o.w.4 xy
1. Example of: color, texture, and material change
1-
Q 1111 LOW
2. Example of: LLchange in wall plane
variation in top of wall
canopy
entryway
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
f
7
ra 1 a
3. Example of: color, texture, and material change
change in wall plane
variation in top of wall
canopy / awning
Vliurmac
e
4. Example of: sloped of
entryway
signature element
cornice expression
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
.....L'' Ho '
5. Example of: awnings
signature element
_z -
6. Example of. color change
pilasters
repetitive ornamentation
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
7. Example of: color, texture, and material change
variation in top of wall
pilasters
slope roof
cornice expression
i
8. Example of: entryways
pilasters
26
APPENDIX F
Rayzor Ranch Architectural Guidelines
Large Scale Development Examples (continued):
t
t
9. Example of: change in wall plane
cornice expression
color, texture, and material change
10. Example of: planting area in sidewalk
parapet wall screen
27
EXHIBIT F
Rayzor Ranch Overlay District
Water Quality Protection Plan Requirements
1.0 Purpose for Water Quality Protection
The storm water runoff from approximately 200-acres of the proposed 400-acre Rayzor
Ranch Development will drain directly into the North Lakes Park Pond on the east side of
Bonnie Brae Street. The park pond has a normal dry weather surface area of
approximately 21.3 acres, and provides flood control for Pecan Creek. This park pond
also provides local fishing and recreation for Denton residents. Pollutants in urban runoff
can include floatables (plastics, Styrofoam, paper, litter, and wood), oil and grease,
sediments, nitrogen and phosphorous, heavy metals, and fecal coliform bacteria.
Therefore, the urban runoff from the proposed Rayzor Ranch Development has the
potential to adversely affect the watershed and the water quality in this pond. Because
the pond functions as a detention basin, any untreated pollutants would be captured and
stored in the pond, which could create visual pollution, degrade water quality, and
adversely affect the aquatic habitat within the pond. Over time, the fishing resources and
recreational benefits provided by the pond could decline. Storm water quality structural
controls and management practices, if properly incorporated and maintained as a part of
the Rayzor Ranch Plan of Development, could significantly reduce the negative impacts
to the park pond caused by urban development.
2.0 Storm Water Quality Management Requirements
The North Central Texas Council of Governments (NCTCOG) has published the
Integrated Storm Water Management Design Manual (iSWM) which provides an
integrated planning and design approach for addressing water quality protection for urban
runoff. The iSWM methods that address urban Water Quality are required for the area of
the Rayzor Ranch Development (site) that drains into the North Lakes Park Pond. A
Water Quality Protection Plan that provides storm water quality controls consistent with
the iSWM is required for the Rayzor Ranch Development in order to minimize adverse
impacts to the Park property and to preserve and protect the park pond resource for the
citizens of Denton.
The total pollutant removal efficiencies for each storm water quality control system used
on the site (at the outlet) shall be as follows (derived from iSWM):
Total Suspended Solids = 80
Total Phosphorus= 60 %
Total Nitrogen = 50 %
Fecal Coliform = no reduction
Metals = 80 %
In addition to the iSWM removal efficiencies, Trash Removal Efficiency (all floatable
objects) = 95 % by volume
Rayzor Ranch Page 1 of 6 Draft No. 2
Water Quality Protection Plan .2007
2.1 Water Quality Protection Volume
The iSWM approach to control pollution from storm water runoff treats a specified Water
Quality Protection Volume (WQv) from each site or sub-area to reduce the percentage of
post development pollutants. The rainfall analysis for iSWM determined that 1.5 inches
of rainfall is the average depth corresponding to the 85th percentile storm for the
NCTCOG region. Therefore, the runoff from the first 1.5 inches of rainfall on the
watershed area is the WQv to be treated onsite prior to release into the North Lakes Park
property. A storm water management system designed for the WQv will treat the runoff
volumes from all storm events of 1.5 inches or less, as well as a portion of the runoff for
all larger storm events. The WQv is directly related to the amount of impervious cover,
and will be calculated following the methodology in Section 1.2.3.1 of the iSWM
Manual.
The site drainage analysis shall identify hot spot land uses (parking lot areas, service
stations, trash receptacle areas, loading zones, etc.) with high pollution generating
potential, and provide details of the proposed structural or non-structural storm water
controls showing how the runoff from these areas will be collected and treated prior to
release into the storm drainage network that directly discharges into North Lakes Park.
Drainage area diversions to reduce the WQv will not be allowed.
2.1.1 Water Quality Volume Reduction Methods
The use of non-structural storm water control practices is encouraged provided that the
proposed approach to reducing impervious cover is not in conflict with the City's
Development Code, Design Criteria Manuals, or the City Fire Code. The required WQv
to be treated may be reduced using the "volume reduction methods" as presented in
Section 1.2.3.2 of the iS WM Manual. Documentation (site plan or plat showing the area
specified or reserved to allow the reduction in WQv) and calculations for WQv
reductions will be submitted to the City for approval. The Denton Development Code
requires stream buffers, and only stream buffer areas exceeding the requirements in the
Denton Code can be used for WQv reduction,
2.2 Site Design Credits
Site Design Credits are not computed or used in the City of Denton.
2.3 Primary Structural Storm Water Controls
Primary Structural Storm Water Controls have a demonstrated ability to treat the WQv
and remove 70% to 80% of the annual average total suspended solids (TSS) load in
typical post-development urban runoff when designed, constructed, and maintained in
accordance with recommended specifications. Structural storm water controls are
required for the treatment of all hot spot areas that will drain into North Lakes Park.
Table 5.1.2-1 in the iSWM Design Manual will be used to provide the design removal
efficiencies for each of the possible control practices. Where the pollutant removal
capabilities of an individual structural storm water control are not deemed sufficient for a
given site application, additional controls may be used in series in a "treatment train"
Rayzor Ranch Page 2 of 6 Draft No. 2
Water Quality Protection Plan .2007
approach. These devices may also serve as pretreatment devices removing the coarser
fraction of sediment. One or more downstream structural controls are then used to meet
the full Primary TSS removal goal.
2.3.1 Recommended Storm Water Quality Control Practices
Storm Water Quality Control Practices are described in Section 1.4.2 of the iSWM. The
following practices may be considered for this development. The identification of
potential siting locations, screening, and selection of appropriate structural storm water
controls is the responsibility of the engineer.
Methods identified for consideration will only be considered which are expected to have
a reasonable success rate, considering the site-specific soil conditions and topography.
Onsite soils on the majority of the site were identified as Types C and D (high clay
content) which provide limited opportunities for overland flow filtration zones for
rooftop or pavement infiltration.
Table 5.1.3-1 Structural Control Screening Matrix in the iSWM Design Manual shall be
used as a guide to determine the removal. efficiencies for the selected control practices to
be utilized. Either individual, on-site structural storm water controls for each lot in the
development, or a few strategically located regional storm water controls in each sub-
watershed may be used for controlling storm water quality. The developer shall finance
the design, construction, and maintenance of the controls.
Bioretention Areas
Extended Dry Detention Basins:
Multi-Purpose Detention Areas:
Filtration
Filter Strip
Organic Filter
Planter Boxes
Surface Sand Filter / Permanent Sand Filter
Underground Sand Filter:
Gravity (Oil-Grit) Separator:
Ponds: Storm water ponds are constructed storm water retention basins that have a
permanent pool (or micropool) of water. Runoff from each rain event is detained and
treated in the pool.
Micropool Extended Detention Pond
Multiple Pond Systems
Wet Extended Detention Pond
Wet Pond
Proprietary Structural Controls
Rayzor Ranch Page 3 of 6 Draft No. 2
Water Quality Protection Plan 2007
Proprietary controls are manufactured structural control systems available from
commercial vendors designed to treat storm water runoff and/or provide water quantity
control.
Water Reuse Rain Harvesting (Tanks/Barrels)
Rain harvesting is a container or system designed to capture and store rainwater
discharged from a roof.
Storm Water Wetlands
Storm water wetlands consist of a combination of shallow marsh areas, open water, and
semi-wet areas above the permanent water surface.
Extended Detention Shallow Wetland
Pocket Wetland
Pond/Wetland Systems
Shallow Wetland
Submerged Gravel Wetlands:
Infiltration Trenches and Soakage Trenches may be considered if the soil percolation
rates determined from onsite testing shows these practices can be successful.
2.4 Inspections and Maintenance
The Water Quality Protection Plan required in Section 3.0 shall include a description of
maintenance tasks, frequency of maintenance, responsible parties for maintenance,
funding, access, and safety issues.
The use of storm water ponds, wetlands, and extended detention basins shall require the
submission of an operation and maintenance plan that addresses the potential for
mosquito breeding in the treatment zone, and provides a contingency plan for controlling
mosquito breeding using larvicides such as BTI or equivalent. A water balance
calculation is required if a permanent wet pond utilizing fish for control is proposed by
the developer.
2.4.1 Inspections
Annual inspections of storm water management facilities shall be conducted by the
drainage maintenance entity established for the Rayzor Ranch Development, and an
annual report documenting the inspection and results shall be submitted to the City.
Where chronic or severe problems exist, and the owner does not provide maintenance and
repairs, the City of Denton will have the right but not the obligation to remedy the
situation and recover the cost for the work from the property owner. This authority shall
be established on the final plat document.
2.4.2 Maintenance
All water quality protection facilities shall be maintained by the property owner or
maintenance entity established for that purpose.
Rayzor Ranch Page 4 of 6 Draft No. 2
Water Quality Protection Plan 2007
3.0 Submittals Schedule for Water Quality Protection Plans
To provide for site areas to be specifically designated for structural storm water controls,
these areas are required to be identified on General Development Plans, Preliminary Site
Plans, Preliminary Plats and Final Plats. These areas shall be reserved as drainage
easements on the Preliminary and Final Plat. Drainage easements shall be provided for
all structural storm water controls with contributing watershed areas of 3 or more acres.
Easements may also be provided if the contributing watershed area is less than 3 acres.
Storm water structural controls for small sub-watershed areas may also be incorporated
with site landscaping areas (multi-purpose areas). Drainage easements are not required
for multipurpose areas if the watershed area draining to the multi-purpose areas does not
exceed 3 acres. All drainage easements designated for structural storm water controls
will be contained within platted lots.
General guidance for the preparation of conceptual, preliminary, and final Water Quality
Protection Plans (iSWM site plans) are provided in Sections 1.1.3.5 through 1.1.3.7 of the
NCTCOG "Design Manual for Site Development, Review DRAFT, October 2005. The
iSWM site plan shall also include a narrative description of the overall storm water
quality plan for the site, and provide a description and details of the structural storm
water controls in multi-purpose areas that are not be designated as drainage easements.
3.1. General Development Plan
Approval will not be granted for any development until the City of Denton has approved
a conceptual iS WM site plan.
3.2 Preliminary Plat
Approval will not be granted for any development until a preliminary iS WM site plan
that includes dedication of drainage easement areas as necessary to construct storm water
controls has been approved by the City of Denton.
3.3 Final Plat
Approval will not be granted for any development until a final iSWM site plan for all
stormwater treatment areas involving easements has been approved by the City of
Denton. This final site plan shall include a concept plan that contains WQv calculations
for any storm water controls that are not a component of drainage easements specified in
Section 3.2.
3.3.1 Regional Storm Water Control Areas
If a "regional" structural storm water control area will be designated to serve separated or
multiple lots in the development a Water Quality Protection Plan that satisfies the
requirements of Section 2.4 will be submitted to the City for review and approval. The
Water Quality Protection Plan shall include provisions for funding the Operation and
Maintenance activities following construction, and a sample form for the annual
inspection reporting function. A Final Plat that relies on the "regional" storm water
control area for storm water quality control will not approved until the iS WM site plan
and the Water Quality Protection Plan have been approved by the City.
Rayzor Ranch Page 5 of 6 Draft No. 2
Water Quality Protection Plan 2007
3.4 Clearing and Grading
Permit will not be released for any development until a final iSWM site plan (including
ALL storm water controls) and a Storm Water Pollution Prevention Plan (SWPPP) has
been approved by the City of Denton.
3.5 Building Permit
Structural storm water controls in multi-purpose areas (not within designated drainage
easements) will be designed and detailed either as a part of the site grading and drainage
plan, or on a separate iSWM Site Plan that will be submitted with the application for a
Building Permit. A Water Quality Protection Plan shall also be prepared by the
developer and submitted to the City for review that satisfies the requirements of Section
2.4, and includes provisions for funding of the Operation and Maintenance activities
following construction, and a sample form for the annual inspection reporting function.
A Building Permit will not issued until the structural storm water controls and the Water
Quality Protection Plan have been approved by the City concurrent with the site grading
and drainage plan and the Landscaping Plan for the development.
Rayzor Ranch Page 6 of 6 Draft No. 2
Water Quality Protection Plan 2007
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Exhibit H
Page 1
From: "Randy Holcombe" <rholcombe@allegiancedevelopment.net>
To: "Linda Ratliff" <Linda.Ratliff@cityofdenton.com>, "Robert
Tickner" <Robert.Tickner@cityofdenton.com>, <emerson.vorel@cityofdenton.com>
Date: 1/4/2007 7:19:50 AM
Subject: North Lakes Park CapitalImprovements
Thank you for your time on the 21st. We have reviewed the plan for
Northlakes Park internally, and while we would like to be able to fund
the entire capital improvement program, our budget is just too tight
given the significant landscape and architectural standards for Rayzor
Ranch. However, we are willing to commit $250,000 towards the park in
connection with our detention request. We believe that this will be
sufficient to fund trails A and B, and potentially, the 30x60 arbor /
pavilion (without restrooms). As you know, we have also committed to
providing connectivity between North Lakes Park and McKenna Park via a
"trail" along Bonnie Brae.
Thanks again for all of your time and we hope that this meets with your
approval.
Best Regards,
Randy
Randy Holcombe, CCIM, CLS
Executive Vice President - Retail
Allegiance Development
14881 Quorum Drive, Suite 950
Dallas, Texas 75254
214.389.8043 office
214.361.7104 fax
214.207.7899 cell
CC: "chuck russell" <chuck.russell@cityofdenton.com>, "Brian
Lockley" <Brian.Lockley@cityofdenton.com>, "Joe Gampper"
<JGampper@allegiancedevelopment.net>, "Charles Ames"
<CAmes@allegiancedevelopment.net>, "Glenn Fuhrman"
<gfuhrman@allegiancedevelopment.net>, "Kedron, Suzan" <skedron@jw.com>,
"Salvador Impastato" <simpastato@mesadesigngroup.com>,
<Chris. Frysinger@kimley-horn.com>, <pj ones@omnipl an.com>
North Lakes Park Exhibit H
South Pond area Page 2
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and recreational
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EXHIBIT M
STATE OF TEXAS §
COUNTY OF DENTON §
DEVELOPMENT AGREEMENT
FOR RAYZOR RANCH
This Development Agreement ("Agreement") is entered into by and between the CITY
OF DENTON, a Texas municipal corporation of Denton County, Texas (hereinafter called
"City"), acting by and through its duly authorized officers, and ALLEGIANCE HILLVIEW,
L.P., a New York limited partnership (hereinafter called "Developer"), acting by and through its
duly authorized officers.
WITNESSETH:
WHEREAS, Developer owns 410 acres of property, more or less, situated generally north
and south of West University Drive/U.S. Highway 380, between IH-35 and Bonnie Brae Street
and comprising the area potentially eligible for zoning to the Rayzor Ranch Overlay District
Classification ("Ordinance 2007-068") (such property also being described herein as the
"Property"); and
WHEREAS, Developer wishes to develop the Property with a high quality lifestyle
center, to include a wide variety of commercial, retail, office, housing of various types, open
space areas, and other uses pursuant to Ordinance 2007-068, also to be known as the Rayzor
Ranch Development (the "Development" or "Rayzor Ranch"); and
WHEREAS, the Developer wishes to proceed with development of three large box retail
stores located on the portion of the Property known as RR-3 in Ordinance 2007-068 ("RR-3
Area"); and
WHEREAS, the Developer wishes to commit to certain improvements which are
connected to the overall development of Rayzor Ranch while expediting development in the RR-
3 Area;and
WHEREAS, the City has accommodated Developer by implementing land use and
development standards unique to this Development, designed to permit and promote the unique
design characteristics of the Development, and City has further accommodated Developer's
scheduling requests by expediting the City's review and consideration of portions of the
Development as necessary to meet Developer's schedule; and
WHEREAS, in consideration of the above accommodations, the risks associated with
consideration of approval of the Development in a piecemeal fashion, and in partial
consideration of some of the drainage and tree removal burdens occasioned by the Development
that are not otherwise fully compensated by ordinary compliance City's development standards,
the City wishes to formulate this Agreement as a recorded covenant running with the land to
ensure that Developer and its successors, if any, carry out Developer's stated intention to fund or
provide offsite drainage and park improvements to mitigate and compensate the increased
stormwater runoff into Northlakes Park, and to fund additional tree mitigation in certain areas to
offset and compensate Developer's prior unpermitted removal of trees in the Northern portion of
the Property, either for the Development as herein defined, or for any other alternative use of the
Property.
NOW THEREFORE, in consideration of the mutual covenants and obligations herein,
the parties agree as follows:
SECTION 1. DEVELOPER PARTICIPATION
The Developer agrees that the Property will be developed in accordance with the
following terms and conditions:
A. Tree Mitigation. Certain trees on the Property were improperly removed by
Developer, contrary to the terms of City's ordinances. Developer has agreed to mitigate the loss
of those trees by planting or funding additional trees on the Property, as detailed in the
Landscape and Tree Mitigation Standards, Exhibit "C" to Ordinance 2007-068, ("Exhibit "C"
Developer will pay $215,000 into a third party escrow account designated for the purpose of
ensuring that the removed trees are mitigated on the Property pursuant to Exhibit "C". The
escrow will be funded prior to the issuance of any building permit (other than clearing and
grading) within the Property. The City will be the beneficiary of the third party escrow fund; and
any interest accrued will accumulate within the fund, to be used for acquisition, planting and
maintenance of trees, as set forth in Exhibit "C".
B. North Lakes Park. Developer has agreed to pay $250,000 in park improvements
to offset and compensate drainage impacts at North Lakes Park, as set forth in Exhibit H to
Ordinance 2007-068. The funds are to be designated specifically for on-site improvements at
North Lakes Park and are payable prior to the issuance of any building permit (other than
clearing and grading) for any portions of the Property not located in the RR-3 Area. Developer
has also agreed to provide connectivity between North Lakes Park and McKenna Park via a trail
along Bonnie Brae, as referenced in Exhibit H to Ordinance 2007-068
SECTION 2. FORCE MAJEURE
It is expressly understood and agreed by the parties to this Agreement that if the
substantial completion of the construction of any improvements contemplated hereunder is
delayed by reason of war, civil commotion, acts of God, inclement weather, governmental
restrictions, regulations, or interferences, delays caused by the franchised utilities (Denton
Municipal Electric, CoServe, TXU Energy Delivery, Southwestern Bell Telephone, TXU Gas,
Comcast Cable or any of their predecessors or successors or other utilities, or any of their
contractors), fire or other casualty, court injunction, necessary condemnation proceedings, acts of
the other party, its affiliates/ related entities, and/or their contractors, or any circumstances which
are reasonably beyond the control of the party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is similar to
any of those enumerated or not, the party so obligated or permitted shall be excused from doing
or performing the same during such period of delay, so that the time period applicable to such
design or construction requirement shall be extended for a period of time equal to the period such
party was delayed. The obligations subject to enlargement of time without penalty do not
include funding obligations or obligations delayed for financial reasons.
SECTION 3. TERM
The term of this Agreement shall begin on the date of execution, and end upon the
complete performance of all obligations and conditions precedent by the parties to this
Agreement. Upon execution, this Agreement shall be recorded in the Denton County Real
Property Records as covenants running with the land. Developer's obligations shall be binding
upon subsequent purchasers of the Property, until all obligations of the Developer are satisfied in
full.
SECTION 4. EVENTS OF DEFAULT
A default shall exist if the Developer or City fail to perform or observe any material
covenant contained in this Agreement. The non-defaulting party shall immediately notify the
defaulting party in writing upon becoming aware of any change in the existence of any condition
or event which would constitute a default or, with the giving of notice or passage of time, or
both, would constitute a default under this Agreement. Such notice shall specify the nature and
the period of existence thereof and what action, if any, the notifying party requires or proposes to
require with respect to curing the default.
SECTION 5. REMEDIES
If a default shall occur and continue, after thirty (30) days advance written notice to cure
default, City may, at its sole option, terminate this Agreement in accordance with Texas law,
without the necessity of further notice to or demand upon the Developer, and may seek any
portion of funding not provided as liquidated damages, in addition to any other relief available at
law or at equity. Nothing in this Section shall be construed to waive any sovereign,
governmental immunity available to City under Texas law.
SECTION 6. VENUE AND GOVERNING LAW
This Agreement is performable in Denton County, Texas, and venue of any action arising
out of this Agreement shall be exclusively in Denton County, Texas. This Agreement shall be
governed and construed in accordance with the laws and court decisions of the State of Texas.
SECTION 7. NOTICES
Any notice required by this Agreement shall be deemed to be properly served if deposited
in the U.S. Mail by certified letter, return receipt requested, addressed to the recipient at the
recipient's address shown below, subject to the right of either party to designate a different
address by notice given in the manner just described.
If intended for City, to: If intended for the Developer, to:
City Manager Charles D. Ames, President
City Hall Allegiance Hillview, L.P.
215 E. McKinney 14881 Quorum Drive
Denton, Texas 76201 Suite 950
Dallas, Texas 75254
SECTION 8. GIFT TO PUBLIC SERVANT
A. City may, at its sole option and discretion, terminate this Contract immediately if the
Developer has offered, conferred or agreed to confer any benefit upon a City employee or
official that the City employee or official is prohibited by law from accepting.
B. For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary
gain or pecuniary advantage, including benefit to any other person in whose welfare the
beneficiary has a direct or substantial interest, but does not include a contribution or
expenditure made and reported in accordance with law.
C. Notwithstanding any other legal remedies, City may require the Developer to remove any
employee of the Developer from the Project who has violated the restrictions of this
Article or any similar state or federal law, and obtain reimbursement for any expenditures
made to the Developer as a result of the improper offer, agreement to confer, or
conferring of a benefit to a City employee or official.
SECTION 9. APPLICABLE LAWS
This Agreement is made subject to the provisions of the Charter and ordinances of City,
as amended, and all applicable state and federal laws.
SECTION 10. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
SECTION 11. 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.
SECTION 12. CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
SECTION 13. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors and assigns
of the parties to this Agreement, and stand as obligations running with the land until satisfied in
full, regardless of whether the Property is developed as the Development, or as any other
alternative use.
SECTION 14. ENTIRE AGREEMENT
This Agreement embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the parties relating to matters
contained in this Agreement and, except as otherwise provided in this Agreement, cannot be
modified without written agreement of the parties to be attached to and made a part of this
Agreement. The exhibits to Denton Ordinance 2007-068 referenced in this Agreement are
incorporated herein by reference, and shall remain component parts of this Agreement even in
the event that Ordinance 2007-068 is amended, superseded or repealed. The scope of this
Agreement is limited to the specific funding obligations of the Developer set forth in Section 1.
The parties stipulate that this Agreement does not satisfy any other development obligation under
law or City ordinances; particularly, it does not satisfy any applicable impact fee requirements or
development exactions to construct required public infrastructure improvements, including those
associated with transportation, storm sewer, water, sanitary sewer, or utilities. The parties
further stipulate that with respect to the limited scope of this agreement, the funds provided are
not disproportionate to the burdens of the development. The parties stipulate that this Agreement
does not constitute a permit for development under Chapter 245 of the Texas Local Government
Code. EXECUTED this day of , 2007, by the City, signing by and
through its City Manager, duly authorized to executed same by Resolution No.
approved by the City Council on 2007, and by the Developer, acting through its
duly authorized officers.
APPROVED AS TO FORM: CITY OF DENTON
EDWIN M. SNYDER George C. Campbell
City Attorney City Manager
BY: BY:
City Attorney City Manager
ALLEGIANCE HILLVIEW, L.P.,
a New York limited partnership .
By: Allegiance Hillview Management, LLC,
a Texas limited liability company,
its sole general partner
By:
Charles D. Ames, Manager