2008-030s9our documents\ordinances\07\mc07-0002.doc
ORDINANCE NO.426 k-D 3(5
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING APPROXIMATELY
3,256.92 ACRES OF LAND, GENERALLY LOCATED WEST OF INTERSTATE 35 WEST,
SOUTH OF TOM COLE ROAD, BOUNDED BY TOM COLE ROAD TO THE NORTH,
BISECTED BY FM 2449 NEAR THE CENTER OF THE PROPERTY, BOUNDED ON THE
EASTERN SIDE BY JOHN PAYNE ROAD SOUTH OF FM 2449 AND UNDERWOOD
ROAD NORTH OF FM 2449 TO THE COLE RANCH MASTER PLAN COMMUNITY
(COLE RANCH MPC) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY, SUBORDINATION
AND AN EFFECTIVE DATE. (MPC07-0002)
WHEREAS, SLF Cole Property, LP has applied for zoning on approximately 3,256.92
acres of land (the "Property") legally described in Exhibit B hereto, which is incorporated for all
purposes, under a new zoning classification and use designation called the Cole Ranch Master
Plan Community (Cole Ranch MPC); and
WHEREAS, on July 18, 2006, the City Council adopted an ordinance to voluntarily
annex approximately 3,406 acres into the City of Denton. The 3,256.92 acres is part of the 3,406
acres proposed as the Cole Ranch Master Planned Community; and
WHEREAS, on November 28, 2007, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning,
as further conditioned by them; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Denton Development Code, specifically including those considerations set forth at
§35.7.12.6; 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 and found to be true.
SECTION 2. The exceptions to the development standards of the City of Denton, as set
forth in the Cole Ranch MPC Zoning Document and the Cole Ranch MPC Development
Standards Document, attached hereto and incorporated herein as Exhibit "A", are approved, and
shall apply in the Cole Ranch MPC. All other provisions of the Denton Development Code not
specifically excepted by this Exhibit shall remain in full force and effect.
SECTION 3. The zoning district classification and use designation for the Property is
hereby established as the Cole Ranch Master Plan Community (Cole Ranch MPC).
s:\our doeuments\ordinances\07\mpe07-0002.doe
Notwithstanding the above real property description, the property being rezoned includes
all property to the centerline of all adjacent street rights-of-way.
SECTION 4. The City's official zoning map is amended to show the change in zoning
district classification and use designation, and the Development Plan Map and Phasing Plan
attached hereto and incorporated collectively herein as Exhibit "C", are hereby approved.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of the
remaining provisions or applications, and to this end the provisions of this ordinance are
severable.
SECTION 6. The terms of this Ordinance are subordinate to any other ordinance of the
City of Denton, and any conflicts are intended to be resolved in favor of the other ordinance,
unless such conflicting provisions are specified and expressly excepted by this Ordinance.
SECTION 7. 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 8. 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, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the, day of 12008.
" 7~X,04&
PERRY R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY .
BY:
APPR VED TO LEGAL FORM:
EDWIN M._SNYDER, CITY
Exhibit A
Cole Ranch MPC
Zoning Document
Development Standards Document
Including
Zoning Districts
Limitations
General Requirements
Site Design Standards
Parking Standards
Signage
Environmentally Sensitive Areas
Gas Well Drilling and Production
Floodplain Reclamation
Additional Standards
General Note: Except as clearly and specifically stated herein, the provisions of this document
are subordinate to all ordinances of general application in the City of Denton, Texas. The
provisions of this document do not modify or amend any ordinance of the City of Denton, and
have no applicability whatsoever outside the Cole Ranch MPC. The terms of this document
serve as limited exceptions to the general zoning standards of the City of Denton, only to the
limited extent specified herein, and are intended to be construed narrowly and restrictively. Any
stated exceptions to specific sections of any ordinance or land use standard shall apply only to
the limited extent necessary to achieve the stated exception, and all other requirements of such
cited provisions that are not specifically excepted shall continue to apply in full force and effect
within the Cole Ranch MPC.
Page - 1
§ 35.5. shall be excepted as follows:
Upon review and approval of a detailed Development Plan Map for each phase, locating
proposed land uses in a zoning category format, identifying site access, connectivity, and general
public improvements, providing a table showing all the land uses, including the total acreage of
each proposed land use and the total acreage'of the project, and showing boundaries reflecting
the phasing plan in conformity with the requirements otherwise associated with a Development
Plan Map, pursuant to Denton Development Code 35.3.4., then only those uses listed in the
tables below shall be permitted in each phase of the Cole Ranch development in the areas so
designated on the Phasing Plan map. No use is permitted in any phase until the Development
Plan Map for that phase has been approved, consistent with these defined uses and restrictions.
If there is a question as to whether a use not listed below is permitted, the Director of Planning
shall make a determination whether the use is permitted or prohibited.
NR-3
Single Family Residential
NRMU-12
Neighborhood Residential Mixed Use
(12 dwelling units per acre)
NRMU
Neighborhood Residential Mixed Use
CM-G
Community Mixed Use General
EC-C
Employment Center Commercial
IC-E
Industrial Center Employment
Zoning districts and limitations shall be the same as for DDC Sub-chapter 5, except as
noted below.
35.5.2.2 is excepted to allow these Permitted Uses
A. Equestrian Facilities (boarding of horses only) is a permitted use with an SUP in
NR-3.
B. High School is a permitted use in NR-3. School facilities in ACLUD zone are
limited to athletic facilities, parking lots, maintenance facilities,
communications facilities, trails, agricultural facilities and open space. No
classrooms or administrative offices, except athletic, maintenance,
communications and agricultural offices, are permitted in ACLUD zone.
C. Construction Materials Sales is a permitted use in CM-G.
D. Library facilities are a permitted use within NR-3.
35.5.2.3 General Regulations
The following exceptions are allowed as part of the Subchapter 35.5.2.3 General
Regulations Table:
Page - 2
A. Regarding "Maximum density, dwelling units per acre," in all Neighborhood
Residential categories, individual building permits or subdivision plats may be
approved with densities exceeding the maximums; however the density in any
development pod as shown on the Development Plan Map may not exceed the
maximum for that zoning category. Density will be calculated as base density as
defined in Subchapter 23 of the Denton Development Code.
B. Minimum side yard for non-attached buildings in NR-3 is 5 feet.
C. Minimum landscaped area in NR-3 is 50%.
D. Maximum lot coverage for single family attached uses only in NRMU-12 is
75%; Minimum landscape area is 25%.
§ 35.5.8. shall be excepted to provide the following additional limitations with respect to the
zoning classifications and use designations defined by this document:
35.5.8 Limitations
L(6) is excepted to allow the following:
Permitted only on 2nd story and above, when an office, retail or other permitted
commercial use is on the ground floor within 300 feet of any public collector or
arterial street (as shown on the thoroughfare plan); otherwise, office or retail
uses are not required.
L(11) is excepted to allow the following:
Drive throughs are allowed. Drive throughs and associated stacking may not be
located between the building and street right-of-way.
L(17) is excepted to allow the following:
Uses are limited to no more than 25,000 sf of gross floor area per use, except
grocery stores, which may be up to 65,000 sf of gross floor area. No exceptions
may be allowed by SUP process.
General Regulations shall be the same as for DDC Sub-Chapter 12, except as noted below:
35.12.5 Minimum Floor Area Requirements
The first sentence is excepted to allow as follows:
The minimum air-conditioned floor area requirement for single family dwellings,
including modular homes or any pre-manufactured home in any zoning district is
1600 square feet per unit. .
35.12.6 Minimum Residential Lot Size
35.12.6 is excepted to allow as follows:
Page - 3
Each detached single family residential unit must be built on a minimum 4,500 square
foot lot. Each attached single family residential unit must be built on a minimum
1,200 square foot lot.
35.13.7 Tree Preservation and Landscaping Requirements
35.13.7.2.C shall be modified to include street right of way as an exemption
The Landscape and Tree Canopy Requirements Table on page 13-14 of the DDC
is excepted for NRMU and NRMU-12 zoning districts as follows:
1. In the NRMU-12 District, a 25% Tree Canopy Cover shall be required for
single family attached uses only.
2. In the NRMU District, 'a 20% Tree Canopy Cover shall be required for
commercial and vertical mixed use developments. Residential uses will provide a
minimum of 40% tree canopy.
35.13.7.C Street Tree Requirements are excepted as follows:
i
35.13.7.C.3.a.ii Multi-Family Residential Townhome and Non-Residential
Developments - spacing of street trees shall be one (1) tree for every 50 linear feet of
street frontage, minimum.
35.13.8 Buffer and Screening Requirements
35.13.8.A.l.a Add the following sentence:
No buffer is required when a non-residential or multi-family use is abutting to a
residentially zoned greenbelt / open space of 200 feet or more in width.
35.13.8.A.2.a.iii shall be added as follows:
iii. A masonry wall constructed of a decorative concrete masonry unit, or faced
with brick veneer with the finished side facing the residential use or zoning
district; the masonry used for the buffer wall shall be the same as that used for
the non-residential or multi-family development.
35.13.10 Access, Parking and Circulation Requirements
35.13.10.B.LC shall be excepted to`read as follows:
Parking lots with greater than 200 spaces shall be divided into separate areas and
divided by landscaped areas or walkways at least 10 feet in width, or by a building or
group of buildings. This applies only to a development with a single building of
65,000 square feet or larger.
35.13.10.C.2.b shall be excepted to read:
Page - 4
b. A minimum 10 foot wide landscape area planted with one large tree for every
50 linear feet, except along areas where parking in front of buildings is
permitted.
i
35.13.10.C.3.a shall be excepted to read:
a. Parking lots shall be separated from the street right-of-way line by a
minimum] 5' landscape area to reduce visual impacts.
35.13.10.C.3.b shall be excepted to read as follows:
b. The 15 foot landscape area may overlap into a Public Utilities Easement (PUE)
where such PUE exists adjacent to the street right-of-way, but in no case may
trees be planted within the PUE.
35.13.10.C.3.c shall be excepted to.read as follows:
C. A landscape berm with a maximum 1 on 4 side slope on both sides, or a 3 foot
high wall made of any combination of wrought iron, masonry, stone or
decorative concrete panels, shall be designed within the 15' landscape area to
help screen the parking lot.
35.13.13 Site Development Requirements }
35.13.13. LA shall be excepted to add the following:
8. Masonry Fireplace with projecting chimney mass
35.13.13.1 shall be excepted to read as follows:
B. Front-facing garage doors on single-family detached houses shall not occupy
more than 40% of the total building frontage. Front-facing garage doors that are
at least 30 feet behind the house front may exceed the 40% frontage minimum.
Garages may extend beyond the house front on no more than 30% of lots in any
phase.
C. Houses with the same elevation (represented by "A" below) must be separated
by a minimum of three lots whether located on the same side of the street or the
opposite side.
A B C J E L UKFA
E b K F A C D B E
Page - 5
r
J. [Excepted from application.]
35.13.13.2 Multiple Unit Residential Dwellings and Multi-Family Developments are
excepted to read as follows:
35.13.13.2.A.l.i shall be excepted to read as follows:
Accessory structures such as carports and storage units (but not including garages,
leasing offices, club houses or recreation centers) shall not be located along a public
right-of-way and/or private street system.
35.13.13.A. Li shall be excepted to read as follows:
Garages shall not be located along the portion of the building that fronts a public
right-of-way. When garages front a private street, they must observe a minimum set
back of 20 feet from the street curb:
Parking Standards shall be the same as for DDC Sub-chapter 14, except as noted below:
35.14.4 Spaces Required
35.14.4.A.1 shall be excepted as follows:
Single family dwellings - Two (2) spaces per dwelling unit; in single family attached
dwellings only, the spaces may be tandem parking spaces.
Signage standards and procedures shall be the same as for DDC Sub-chapter 15, except as
noted below:
35.15.17.5 of the Denton Development Code shall be amended to include the following graphic
exception for effective area of signs within NR-3, NRMU-12 and NRMU districts.
Signage on Perimeter Fencing & Entry Monuments
Requirements for Environmentally Sensitive Areas shall be the same as for DDC Sub-
chapter 17, except as noted below:
Page - 6
Li1ll.L V LIiL I Ixulvl
EFFECTIVE AREA
35.17.7 Undeveloped Floodplain Development Standards
35.17.A.6 shall be excepted to read as follows:
Parks, open space, recreational uses, trails, walkways and bike paths (including paved
trails, walkways and bike paths up to 12 feet in width).
35.17.7.C shall be excepted to substitute the following for the first sentence: "Filling
or alteration of any flood plain of a stream that drains either more or less than one
square mile is prohibited unless the proposed fill and/or alteration meets the following
requirements:
1. Subchapter 19 - Drainage Standards, except for any provision that prohibits
filling or alteration of flood plain areas within a drainage basin of greater than
one square mile.
2. Any impacts to ESAs will be mitigated in conformance with Section 35.17.12
as modified by these Development Standards.
3. Any fill within any flood plain area shall be offset by an equal amount of
excavation in the same general area resulting in no net loss of valley storage
regardless of the size of the drainage basin.
4. The lowest finished floor elevation of all habitable residential structures shall
be a minimum of 24 inches above the adjacent 100-year base flood elevation
based on encroached stream conditions as contained in the appropriate Flood
Insurance Study, or if unavailable, based on ultimate watershed development
conditions."
35.17.8 Riparian Buffer and Water Related Habitat Development Standards
35.17.8.A.1 shall be excepted to read as follows:
Up to 10% of the area may be disturbed for public or private yard structures including
but not limited to: gardens, yards, trails, and clearings, if not located within 25 feet
from the stream band or riparian buffer. No disturbance is permitted in delineated
wetlands unless as permitted under a USCE Section 404 Permit and/or an approved
ESA Mitigation Plan
35.17.8.A.10 is added to the requirements in the Cole Ranch MPC only, to include
the following:
Parks, open space, recreational uses, trails, walkways and bike paths are permitted
within the jurisdictional areas subject to USACE approval. However, encroachment
of a total of one third of half of the width of the stream buffer as measured from the
outer edge of the stream buffer inward is permitted. Trails and sidewalks can be
located along only one side of the stream within the stream buffer. Pedestrian bridges
are permitted encroachments across stream buffers.
35.17.12 Mitigation of Environmentally Sensitive Area Disturbance
Section 35.17.12 shall be excepted in its entirety as follows:
Page - 7
In the event that the Developer wants to propose impacts to the ESAs, then the
following provisions shall apply. These provisions apply only to the proposed ESA
impacts and mitigation. Any other deviations from the Denton Development Code
must be addressed in accordance with the procedures for an Alternate Development
Plan (ADP), in conformance with Section 35. 13.5.
1. Mitigation of any ESA disturbance will be allowed subject to approval of an ESA
Mitigation Plan, including any one or combination of the following measures:
a. Enhancement of existing ESA's within the Cole Ranch MPC at a 2:1 ratio of
enhanced ESA to original ESA. Enhancement shall be defined as providing
additional vegetative plantings to an existing ESA for the purposes of
increasing the ecological quality in exchange for the inherit loss of net ESA
land. Enhancement of existing environmentally sensitive areas must bring the
natural habitats enhanced to the same quality as the ESAs removed. Priority
for enhancement shall be given to environmentally sensitive areas for which
quality was determined to be "poor" or "fair" in the ESA Assessment
documents approved by the Planning Director. For example, if one acre of
existing ESA were removed, then under the enhancement option, the
developer would be required to enhance the plantings in two acres of existing
ESA. This example would result in the net loss of one acre of ESA land area.
b. Relocation of the ESA to protected open space areas outside the original ESA
areas on an acre-for-acre basis. Relocation shall be defined as replacing the
original ESA, as closely as possible with respect to vegetative planting,
hydrology and land area. For example, if one acre of ESA were removed,
then under the relocation option, the developer would be required to construct
a new one acre ESA in an open space location outside of any existing ESA.
This example would result in no net loss of ESA land area.
c. Implementation of best management practices addressing impacts to
ecological functions and water quality.
Mitigation of any impacts to OSCE jurisdictional areas will also serve as the
mitigation for any impacts to ESAs that fall within the same impacted area.
2. ESA Mitigation Plan - Requirements
An ESA Mitigation Plan shall include the following specific items:
a. Delineation of existing ESAs based on the approved ESA Review and/or ESA
Assessment.
b. Overlay of proposed development activity necessitating the need to impact the
existing ESAs.
c. Delineation of ESAs impacted, including a chart with each impact area
numbered or lettered and an acreage or square footage calculation of the
respective impacted area.
d. Construction plans and details for the implementation of the ESA Mitigation
Plan, including plans for grading, planting, erosion control and irrigation
(temporary or permanent).
e. Specifications for construction methods and materials.
Page - 8
t
f A Mitigation Plan Summary Table providing calculations that demonstrate the
appropriate mitigation ratio of enhanced or replaced ESA to existing ESA.
g. An Inspection Schedule for the proposed improvements consistent with the
type of improvements being proposed, and allowing sufficient time for city
staff inspection.
3. ESA Mitigation Plan - Process
a. An ESA Mitigation Plan will be submitted to the City for review concurrent
with an application for preliminary plat for residential subdivision uses or
with an application for a site plan or final plat for non-residential uses.
b. Upon determination that the ESA Mitigation Plan is in conformance with the
Denton Development Code and the Cole Ranch MPC Development Standards,
the Director of Planning and Development will approve the ESA Mitigation
Plan subject to any applicable conditions of approval.
c. The Developer may appeal any non-approval action by the Director of any
ESA Mitigation Plan to the Planning and Zoning Commission in accordance
with Section 35.3.7.
d. The Developer may proceed with construction of the development project,
including the mitigation improvements, upon the approval of the ESA
Mitigation Plan, posting of a cash bond, surety bond or letter of credit in an
amount equal to 100% of the estimated cost of the plantings and any other
approvals and permits required by the Denton Development Code appropriate
for the particular development project.
e. The mitigation improvements will be inspected by City Staff during the
construction period in accordance with the Inspection Schedule described
above and must be deemed substantially complete in accordance with the
approved plans by the Director prior to issuance of building permits for
residential projects (except for model homes) and prior to certificate of
occupancy for non-residential projects.
4. ESA Mitigation Standards
The standards by which any mitigation plan will be reviewed for approval will be
dependent on the type of ESA being impacted and whether replacement or
enhancement of the impacted ESA is being proposed.
a. The following general guidelines will apply to all Cole Ranch ESAs and any
proposed impacts and subsequent mitigation:
1. All development plans and plats shall use best efforts to avoid or minimize
impacts to ESAs to the extent practical within the context of a master
planned community.
2. The total aggregate of impacted ESA acreage shall not exceed 25% of the
baseline 503 acres of existing ESA on the Cole Ranch MPC as a result of
residential or commercial development. Impacts to ESAs by or on behalf
of federal and state entities and public utilities, as defined in Subchapter
23 of the DDC, shall not apply to the 25% maximum acreage impact.
3. Proposed mitigation for ESA impacts shall generally be in-kind and
located within the Cole Ranch MPC area.
Page - 9
4. Proposed mitigation for ESA impacts shall take into consideration the
resulting ecological function of the remaining area and water quality
associated with storm water runoff resulting from any net loss of ESA.
b. The following mitigation standards shall apply to any impacts to ESAs within
an undeveloped floodplain, riparian buffer or water related habitat:
1. Mitigation of impacts shall be accomplished by a) replacement of the
ESA, b) enhancement of an existing ESA or open space area, or c) a
combination of both.
2. ESAs shall be replaced on an acre-for-acre basis, determined by an
inventory of hydrology, ground cover, shrubbery and trees within the area
of impact, prior to the'area being disturbed. Replaced ESA vegetation
may exceed the amount of original vegetation for the area, but in no case
be less than originally existed. All replacement trees shall be a minimum
of 2" caliper and shrubs shall be a minimum of one gallon container. The
species of replacement trees, shrubs and ground cover shall be similar to
the vegetation being replaced, with a deliberate effort being made to
produce a sustainable environment free of undesirable plant materials,
consistent with the City's Native Plant List. Replacement streams shall
have substantially the same hydrology and at least the same overall length
as the original stream.
3. In the event that new information, approved by FEMA and the City of
Denton, indicates an increase in floodplain area, the increased area shall
not be considered ESA floodplain and shall not be subject to mitigation
requirements. The 503 acres of environmentally sensitive areas shall
prevail as the baseline condition to determine mitigation and maximum
ESA impacted areas.
4. Enhancement of other existing ESAs or open space areas for mitigation of
ESA impacts shall be provided on a minimum 2:1 ratio of enhancement to
original ESA acreage. The 2:1 ratio shall apply to the acreage being
impacted and mitigated. All enhancement trees shall be a minimum of 2"
caliper and shrubs shall be a minimum of one gallon container. The
species of enhancement trees, shrubs and ground cover shall be the same
as practical to the vegetation being replaced with a deliberate effort being
made to produce a sustainable environment free of undesirable plant
materials, consistent with the City's Native Plant List.
5. ESA Mitigation Monitoring and Reporting
The Developer will prepare an annual report each year for three consecutive
years, beginning 12 months following the commencement of the implementation
of an ESA Mitigation Plan, for the purposes of describing the cumulative
construction work that has been performed as of the reporting period, and to
report on the current survivability of the plantings. These annual reports will be
submitted to the city for review and inspection. Developer shall provide security
for the survivability of mitigated trees and other plantings, in the form of
currency, bond, or letter of credit, in the same manner otherwise applicable to tree
mitigation under §35.13.7.A.7 of the DDC, and related criteria manual standards.
Page - 10
6. ESA Planting Survivability and Replacement
Upon completion of the three-year monitoring and reporting period, the City shall
inspect the plantings and determine whether ninety percent (90%) of the plantings
are healthy and have a reasonable chance of surviving to maturity. Upon such a
finding, the City shall release the currency, bond or letter of credit. In the absence of
such a finding, the Applicant shall be notified to replace any unhealthy or dead
plantings. If the applicant does not take remedial steps to bring the property into
compliance, the City shall make demand for payment on the cash bond, surety bond,
or letter of credit. The City may use all legal remedies to enforce this provision in
addition to making demand on the security provided herein.
Gas Well Drilling and Production standards shall be the same as for DDC Sub-chapter 17,
except as noted below:
35.22.3.A shall be excepted to read as follows:
The drilling and production of gas within M. T. Cole Ranch MPC shall be permitted
only on those gas well tracts designated on the Development Plan Map, provided that
no residential structure or place of assembly, institution or school exists within two
hundred feet (200') from the wellhead and provided that the drilling and production
of gas meets the following requirements:
All applicable standards set forth in Section 35.22.5, Standard Conditions for
Gas Well Drilling and Production have been satisfied.
2. An approved Gas Well Development Plat and a Road Damage Remediation
Agreement are on file with the Director.
3. A Gas Well Permit has been issued by the Fire Marshall.
4. A Watershed Protection Permit has been issued for wells located in the Flood
Fringe or other ESAs.
These requirements will apply whether the gas well or structures were constructed
first.
35.22.3.13 shall be excepted from application in the Cole Ranch MPC.
35.22.5 Standards for Gas Well Drilling and Production
35.22.5.A.2.n shall be excepted to read as follows:
All well heads, storage tanks, separation facilities or other mechanical equipment
located within 200' of an adjacent right of way or property and not within a
floodplain shall be screened from the residential property with an 8' high solid screen
cedar fence, good side facing the residential property.
35.22.5.A.2. shall be excepted to add the following subsection o:
Page - 11
o. Each leased tract for gas well drilling and production shown on the Development
Plan Map shall have a perimeter buffer 50 feet in width, extending around the full
internal perimeter of the tract, which consists of undisturbed ground with native
vegetation. No grading, clearing, grubbing or scarring of the ground is permitted
within this 50' buffer zone.
35.22.5.A.3.b shall be excepted to read as follows:
Directional lighting shall be provided for the safety of gas well drilling and
production operations and shall be provided so as to not cause light levels greater than
0.5 fc to fall on the perimeter property line, measured 4'0" above the ground level.
Drainage Standards shall be the same as set forth in DDC Subchapter 19 except as follows:
35.19.4.D.1 Floodplain Restrictions
The second sentence shall be excepted to read as follows:
These floodplain areas shall be preserved from all destruction or damage
resulting from clearing, grading or dumping of earth, waste, material, or stumps,
unless the proposed fill or alteration of the floodplain is part of a Master Planned
Community (MPC) and the resulting hydraulic condition is consistent with the
requirements of Sections 35.19.5 and 35.19.6 and these Cole Ranch Development
Standards.
35.19.4.D.2 Creek Restrictions
The first sentence shall be excepted to read as follows:
Major creeks shall remain in an open natural condition, except for permitted fills
and alterations that are a part of a MPC and consistent with the requirements of
Sections 35.19.5 and Section 35.19.6 and these Cole Ranch Development
Standards; smaller creeks or drainage ways may be channelized if allowed by
Subchapter 17, provided they meet the criteria of the Drainage Criteria Manual.
35.19.6.1 Floodway and Drainage Related Minimum Elevations
La shall be excepted to read as follows:
Lots shall have a minimum elevation for the finished grade of the buildable area
(including parking areas) of the lot equal to one (])foot above the adjacent 100-
year base flood elevation (based on encroached stream conditions as contained in
the appropriate Flood Insurance Study or, if unavailable, based on ultimate
watershed development conditions) for non-residential land uses, and a minimum
elevation of one and a half (1.5) feet above the adjacent 100 year base flood
elevation (based on encroached stream conditions as contained in the appropriate
Flood Insurance Study or, .tf unavailable, based on ultimate watershed
development conditions) for residential land uses. See Table 35.19.6.1. of Cole
Ranch MPC Standards.
The first sentence of Lb shall be excepted to read as follows:
Minimum finished floor elevations for proposed development areas within the
floodway fringe shall lie eighteen (18) inches above the 100year frequency water
surface elevation (based on encroached stream conditions) for non-residential
Page - 12
land uses and twenty-four (24) inches above the 100 year frequency water surface
elevation (based on encroached stream conditions) for residential uses. See
Table 335.19.6.1 of Cole Ranch'MPC Design Standards.
Table 35.19.6.1.
Minimum Building Elevations Above 100-Year Flood
Building Type
Finished Grade
Finished Floor
Residential
is"
24"
Non-Residential
12"
18"
35.19.6.L Procedures for Floodplain Alteration
The first paragraph of this section shall be excepted to read as follows:
Fill or alteration of flood plains containing drainage areas of one square mile or
less, which is not unreasonably, damaging to the environment, or inconsistent with
other required standards, is permitted where it will not create other flood
problems such as non compliance with flood standards, trespasses, or nuisances,
either within the Cole Ranch MPC or elsewhere. Floodplain reclamation in
watersheds containing drainage areas greater than one square mile may be
allowed as proposed in the Cole Ranch MPC, in accordance with the
requirements of UDC Subchapter 19, the Drainage Criteria Manual and the Cole
Ranch MPC Development Standards. The following are the engineering criteria
for such requests:
35.19.6.N.3 Valley Storage
The last two sentences of this paragraph shall be excepted to read as follows:
Valley storage loss shall not exceed zero percent (0%) reduction for all creeks.
Any excavation designed to offset losses in valley storage resulting from fill in the
floodplain shall be performed within the same area as the fill placement, in an
effort to keep the resultant base flood elevation as close to the original base flood
elevation as possible. In sections of the stream where this is not practical, the
developer may propose valley storage excavation either upstream or downstream
of the floodplain fill, after certifying to the satisfaction of the City Engineer that
no increase in base flood elevation will occur on any adjacent properties and no
adverse impacts upstream or downstream of the property will result. In no case
shall any rise in the base flood elevation exceed one foot, even on the subject
property. During the construction process, any fill in the floodplain shall be
performed at the same time as the corresponding excavation so as to result in no
net loss of valley storage at any given time. Approval of requested excavations
shall not relieve any burdens for regulatory compliance, nor waive or excuse
compliance with any legal standards or duty imposed by law or any regulatory
body.
Page - 13
Additional Standards
The following additional standards shall apply in the Cole Ranch MPC, and constitute exceptions
to any lesser conflicting standard:
PARK LAND DEDICATION
The Cole Ranch MPC will be required to dedicate park land to the City of Denton according to
the requirement found in the Park Land Dedication Ordinance 98-039. The park land dedication
will be calculated by each development phase. Any open space or park area not dedicated to the
City of Denton will be owned and maintained by the Cole Ranch homeowners association as
required in the Cole Ranch MPC ordinance. `
POA REQUIREMENT
One or more Property Owner Associations (POA) shall be established. The POA will be
responsible for the maintenance of all common property not dedicated to the city of Denton.
Documents establishing the POA must be submitted as part of the final plat application,
providing for the maintenance, repair, and/or replacement obligations of the POA for private
roads, alleys, Gates, fences, street lighting, drainage items and/or other like held facilities and/or
common areas, there appurtenances and/or other associated ancillary items and improvements,
shall be incorporated into the final plat.
a. The POA must provide for the power to file a lean, 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 of the City of Denton, by way of 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 streets or facilities.
AVIGATION EASEMENT
The applicant shall dedicate an avigation easement to the City of Denton as a required
component of final plat approval, approved as to form by the city attorney, conveying to the City
of Denton an unobstructed right-of-way for the passage of all aircraft and rights to cause within
such easement such noise vibration, fumes, just, fuel particles and all other effects that may be
Page - 14
caused the operating or aircraft landing at, taking off from, or operating at, the Denton Municipal
Airport.
The easement will be applicable to any lot of the Property that falls wholly or partially within the
Airport Compatibility Land Use District 2 (ACLUD2) zone as described in Subchapter 35.7.4
Denton Municipal Airport Overlay District in the Denton Development Plan. The avigation
easement will be shown on preliminary plats and all final plats.
AIRPORT COMPATIBILITY LAND USE DISTRICT
In addition to providing an avigation easement as described above, all residential uses within
Airport Compatibility Land Use District 2 will meet the Noise Mitigation Standards provided in
Subchapter 35.7.4.12. The Noise Mitigation Standards.
Page - 15
Exhibit B
Cole Ranch
DESCRIPTION 3256.9192 ACRES
SITUATED in Denton County, Texas in the J. W. Kjellberg survey, abstract no.
1610, the James McDonald survey, abstract no. 873, the I.W. Byerly survey, abstract no.
1458, the J. A. Burn survey, abstract no. 132, the T. & P. R. R., abstract no. 1292, the A.
C. Madden survey, abstract no. 851, the I. N. Hembree survey, abstract no. 594, the B. B.
B. & C.R.R. Co. survey, abstract no. 176, the T. E. Carruth survey, abstract 1707, in the
S. Paine survey, abstract no. 1035, the M. Paine survey, abstract no. 1036, the George
West survey, abstract no. 1393, the E.N. Oliver survey, abstract no. 989, the J. T. Evans
survey, abstract no. 411, the C. Manchaca survey, abstract no. 789, the G. W. Pettingale
survey, abstract no. 1041, being a survey of the 2049.00 acre "Tract 1: North Tract" and
the 1357.12 acre "Tract 2: South Tract" described in a deed from SLF II Cole Investment,
L.P. to SLF II Cole Property, L.P., dated January 31, 2005, and recorded in Document No.
2005-12277 of the Denton County deed records, being a survey of part of the 18.726 acre
"Tract ll" described in Court Case No. 5530, dated January 30, 1963 and recorded in
volume 489, page 551 of the Denton County deed records, a survey of the 18.28 acre
tract to Texas Municipal Power Agency, recorded in volume 5, page 709 of the Lis
Pendens records of Denton County, Texas, being described by metes and bounds as
follows:
BEGINNING at an'/2-inch iron pin found at the northwest corner of said 2049.00
acre tract in the center of Tom Cole Road (east-west asphalt road) and C. Wolfe
Road(rock road) from the south;
THENCE easterly with the north line of said 2049.00 acre tract as follows:
South 88° 55'44" East, generally with the center of said Tom Cole Road,
4685.36 feet to an "x" cut in a concrete bridge;
North 89° 43' 13" East, generally with the center of said Tom Cole Road,
2521.29 feet to a 3/<-inch iron pin set in place of a nail found at a northeast
corner of said 2049.00 acre tract;
THENCE South 00° 23'40" West, with an east line of said 2049.00 acre tract and
generally near an old fence, 1865.00 feet to an '/z-inch iron pin set by a corner post at an
inside corner of said 2049.00 acre tract;
THENCE South 88° 52' 00" East, with a north line of said 2049.00 acre tract and
generally near an old fence, 1616.90 feet to an '/z-inch iron pin set near a corner post at a
northeast corner of said 2049.00 acre tract and the northwest corner of the 24.73 acre
"Tract One" recorded in volume 871, page 137;
THENCE South 01 ° 07'58" West, with an east line of said 2049.00 acre tract, with
the west line of said 24.73 acre tract and generally near a fence, 950.05 feet to an '/z-inch
iron pin found at the west-southwest corner of said 24.73 acre tract and an inside corner
of said 2049.00 acre tract;
THENCE South 88° 58' 35" East, with a north line of said 2049.00 acre tract and
with a south line of said 24.73 acre tract, 144.97 feet to an''/z-inch iron pin found at an
inside corner of said 24.73 acre tract; same being a northeast corner of said 2049.00 acre
tract;
THENCE southerly with an east line of said 2049.00 acre tract as follows:
South 01 ° 05' 17" West, with a west line of said 24.73 acre tract and with the
west line of the 13.89 acre "Tract Two" in said volume 871, page 137,
699.86 feet to an '/2-inch iron pin found at the southwest corner of said 13.89
acre tract; same being the northwest corner of the 31.107 acre tract
recorded in clerk's file no. 94-71013;
South 09° 20' 01" West, with the west line of said 31.107 acre tract, 1010.79
feet to an '/2-inch iron pin found at the southwest corner of said 31.107 acre
tract; same being an inside corner of said 2049.00 acre tract;
THENCE South 88° 53' 58" East, with a north line of said 2049.00 acre tract and
with the south line of said 31.107 acre tract, 770.78 feet to a point near Hickory Creek;
THENCE in a southeasterly direction generally with the calculated center of said
Hickory Creek as surveyed by David Deweirdt, R.P.L.S. NO. 5066 on August 13, 2007 as
follows:
South 35°52'10" East, 472.98 feet; South 64°24'28" East, 100.00 feet;
South 85°07'21" East, 100.00 feet; North 66°27'02" East, 290.00 feet;
South 56°10'25" East, 130.00 feet; South 22°17'28" East, 150.00 feet;
South 50°48'15" East, 400.00 feet; South 70°31'02" East, 135.00 feet;
South 49°48'59" East, 250.00 feet; South 24°30'30" East, 300.00 feet;
South 70°08'14" East, 200.00,feet; South 44°11'40" East, 250.00 feet;
South 76°28'26" East, 225.00'feet; South 58°19'05" East,
125.00 feet;
South 84°22'02" East, 125.00 feet; South 72°56'51" East, 375.00 feet;
North 88°13'22" East, 239.61 feet to a point in an east line of said 2049.00
acre tract;
THENCE South 00° 15'42" East, with an east line of said 2049.00 acre tract, with
the west line of said 76.768 acre tract and on the west side of said Underwood Road,
passing the southwest corner of said 76.768 acre tract and continuing in all, 820.05 feet to
an'/z-inch iron pin found near said Underwood Road; same being the north-northwest
corner of the 96.85 acre tract recorded in clerk's file no. 98-117450;
THENCE South 01 ° 54' 54" West, with an east line of said 2049.00 acre tract, with
a west line of said 96.85 acre tract and generally with said Underwood Road, 1205.51 feet
to an one inch iron pin found at the an inside corner of said 96.85 acre tract; same being
the southeast corner of said 2049.00 acre tact; same being where said road turns west;
THENCE North 89° 27'33" West, with the south line of said 2049.00 acre tract and
generally with the center of said Underwood Road, 1362.76 feet to an '/z-inch iron pin set
at the east-southeast corner of the 18.726 acre "Tract ll" recorded in volume 489, page
551 of the right-of-way of Farm Road No. 2449; same being a southwest corner of said
2049.00 acre tract;
THENCE North 00° 28' 37" East, with a west line of said 2049.00 acre tract, with
the east line of said 18.726 acre tract and the right-of-way line of said Farm Road No.
2449, 45.00 feet to an '/z-inch iron pin set at the northeast corner of said 18.726 acre tract;
same being an inside corner of said 2049.00 acre tract;
THENCE North 89° 31'23" West, with a south line of said 2049.00 acre tract, with
the north line of said 18.726 acre tract, the north right-of-way line of said Farm Road No.
2449 and generally near a fence, 2944.70 feet to an''/z-inch iron pin set;
THENCE South 00°09'33" West, crossing said Farm Road No. 2449 and passing
an '/2-inch iron pin set at 90.01 feet at the north-northeast corner of said 1357.12 acre tract
and continuing with an east line of said 1357.12 acre tract, generally with the center of a
rock road, 1742.61 feet to an '/2-inch iron pin set at a southeast corner of said 1357.12
acre tract, where said road turns to the west;
THENCE North 89° 28'35" West, with a south line of said 1357.12 acre tract and
generally with the center of said rock road, 254.68 feet to an '/2-inch iron pin set in place of
a 60d nail found at an inside corner of said 1357.12 acre tract;
THENCE South 00° 24'30" West, with an east line of said 1357.12 acre tract and
generally near an old fence, 2169.07 feet to a Bois d'arc corner post found an the inside
corner of said 1357.12 acre tract;
THENCE South 89° 56'06" East, with a north line of said 1357.12 acre tract and
generally near the evidence of an old fence, passing an '/2-inch iron pin set by a corner
post at 3125.59 feet and continuing in all, 3151.06 feet to a point on the west edge of John
Paine Road (north-south rock road) at the east-northeast corner of said 1357.12 acre tract;
same being in a west line of the 2329.49 acre tract recorded in clerk's file no. 98-117450;
THENCE South 00° 33'24" West, with the east line of said 1357.12 acre tract, with
a west line of said 2329.49 acre tract and with the west edge of said John Paine Road,
2545.07 feet to an '/2-inch iron pin found at the east-southeast corner of said 1357.12 acre
tract and an inside corner of said 2329.49 acre tract;
THENCE North 89° 47'59" West, with a south line of said 1357.12 acre tract, a
north line of said 2329.49 acre tract and generally near an old fence, 5406.60 feet to a
Bois d'arc corner post found at the south inside corner of said 1357.12 acre tract and a
northwest corner of said 2329.49 acre tract;
THENCE South 01 ° 59'48" West, with an east line of said 1357.12 acre tract, with
a west line of said 2329.49 acre tract and generally near a fence, 92.25 feet to a Bois
d'arc corner post found at an inside corner of said 2329.49 acre tract and the south-
southeast corner of said 1357.12 acre tract; an one inch iron pipe found bears South 87°
45' 56" East, 3.46 feet;
THENCE North 89° 30'24" West, with the south line of said 1357.12 acre tract, a
north line of said 2329.49 acre tract and generally near an old fence for most of the way,
5806.65 feet to an '/2-inch iron pin set in a broke off Bois d'arc corner post at the
southwest corner of said 1357.12 acre tract;
THENCE North 00° 35' 15" East, with the west line of said 1357.12 acre tract, with
the east line of the 320.350 acre tract recorded in clerk's file no. 99-67258 and generally
near a fence, 3057.12 feet to a 5/8-inch iron pin found at the northeast corner of said
320.350 acre tract; same being an inside corner of said 1357.12 acre tract;
THENCE North 89° 23' 04" West, with a south line of said 1357.12 acre tract and
with the north line of said 320.350 acre tract, 153.52 feet to an'/2-inch iron pin set at a
southwest corner of said 1357.12 acre tract; same being on the east side of H. Lively
Road (rock road);
THENCE northerly with the east side. of said H. Lively Road, with the west line of
said 1357.12 acre tract and generally near a fence as follows:
North 49° 11' 19" East, 31.80 feet to an '/2-inch iron pin set;
North 06° 29' 42" East, 103.71 feet to an '/2-inch iron pin set;
North 07° 48' 12" East, 90.24 feet to an '/2-inch iron pin set;
North 19° 36' 29" East, 83.19 feet to an '/2-inch iron pin set;
North 17° 17' 59" East, 221.61 feet to an '/2-inch iron pin set at a northwest
corner of said 1357.12 acre tract;
THENCE South 89° 52' 01" East, with a north line of said 1357.12 acre tract, 17.07
feet to an '/2-inch iron pin found at an inside corner of said 1357.12 acre tract; same being
in the east line of the 160.939 acre tract recorded in volume 1300, page 933;
THENCE northerly with the west line of said 1357.12 acre tract, with the east line of
said 160.939 acre tract, the east side of said H. Lively Road and generally near a fence as
follows:
North 00° 48'45" East, 72.34 feet to an '/z-inch iron pin found;
North 00° 23'31" East, 2695.55 feet to an 1/2-inch iron pin set in the south
right-of-way line of Farm Road No. 2449; same being a northwest corner of
said 1357.12 acre tract;
THENCE North 00°51'29" East, crossing said Farm Road No. 2449, 147.69 feet to
to an 1/2-inch iron pin set at a southwest corner of said 2049.00 acre tract and the
northwest corner of said 18.726 acre tract; same being in the east line of said C. Wolfe
Road;
THENCE North 00° 30'56" East, with a west line of said 2049.00 acre tract, with
the east line of said C. Wolfe road and generally near a fence, 1353.53 feet to an''/z-inch
iron pin set at an inside corner of said 2049.00 acre tract;
THENCE North 89° 32' 13" West, with a south line of said 2049.00 acre tract, 17.14
feet to an '/2-inch iron pin set in the center of said C. Wolfe road at a southwest corner of
said 2049.00 acre tract;
THENCE North 00° 32' 15" East, with the west line of said 2049.00 acre tract and
generally with the center of said C. Wolfe Road, 6972.35 feet to the PLACE OF
BEGINNING and containing 3256.9192 acres.
This legal description was derived from an on the ground surveyed by me in the year
2004, except the creek calls of Hickory Creek which was taken from a preliminary survey
made by David De Weirdt on August 13, 2007. Also, the call that enters and exists
Hickory Creek were taken from said survey by De Weirdt. The creek calls were rotated
and incorpoated into this legal description. I have not made an on the ground survey of
Hickory Creek.
This survey is only for zoning purposes and corner monuments were not rechecked as of
the date of this legal description. This survey also does not conform to minimum
standards of the Texas Board of Professional Surveying in Austin, Texas.
I
Bruce Geer, Registered Professional Land Surveyor No. 4117
1512 W. University, Suite 300
McKinney, Texas 75069
972-562-3959
972-542-5751 fax
Exhibit C
Cole Ranch MPC
Development Plan Map
^ 1 J ~n / ! ?fl. Nnvr IN.f.W ll•.I
I I r i 'A i`wi a'3i1+
ui. °.u'ari u.•a y`,• '7 - ~k f4T6 x~3~~ m ~rtwnw
.
77
L. 1 .az~ wa 1. ~ 'r^+.. ~ T 4 ~°i\ ('/•~r J~ ~ ~TI .rt~M 15
\\f/ tGC \ ~
~~.'~..J1 IM1 1•- (~`1 ~ {.~~~~M~1s ~ t~ ~ _ r YI IM1CnI.
I . (r'~ .f 'yJ f L, 1 5r tl . nx..u..ar`c.ni'~n~K
( IwuSrtw rs:.1
I ~ ~ 1`I r - ~ ~ f J J S`~ ~ f"-{ moY xJnaY
+ ! YR] ( FC I`[ yam' II \ j
IM1it^J Il I n.l G ar ' t +4 t.Yws 1 \
111 %c rnrn f t n. ..~5r t I 1 r+- i 1 X11. a, ~ ~ f f \ , II' t - cla
5I - ~,i "`~w Irrl.+_ Ats _ F~J I.. Y
~l I I r r i[t'~'
7-L - 5^J' '.e M MiuarrY 47
Y 1 V k] P I Q ti.. ~w11a+L.-i 1
' J I. K Nl )i .1 1 ~ hi
5 t~~; C1
, . Y,raN 1.
piwMl R) y
44
xwsr~ E.1.: 1 \ _I,,.. 1 v f r `~°-~vs' v.~..° 1 f ✓
w- JGU. cn c r r ' / i
NRNu n rv ,
a T 1.J4T / <5 1' i - Tu. ~ r'ti._T• 4 ~ I II((f^~... '~~'('yJ \ o /
'i~ Vti,l Nk3 ~ ~ \ - 5 Ff ~ yIl \ r4a: ' / f
rw 1 I W3+~ /
VR-i I 1: ) Nulwu lz 1 }f{~' ~yit y3 4 !
/J.'~. -w5 .r m1'u w'ii ~~z[r f1h41..~•-~.. NR'~I .'"'I 17`i ~I t,•k
k ` mm
• l i r`Y I ~ s1 ~r
~ . ~ ~ _~i'i' •_._f~~~c %t~ ~ ~ a Ems"
NZ] 1 / i u vmra ..l I ~ r t
Y~ .1 'i ~ ~-.:iJ. ! -I ~ .'Q 1 ~i'~Py t~'ii !(r. ...1.._ n,r; ~1~
Page - 1
Northwest Corner
Page - 2
Page - 3
Northeast Corner
Southwest Corner
Page - 4
Southeast Corner
Page - 5