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2007-068 ORDINANCE NO. 2007- 06J AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DEFINING AN OVERLAY DISTRICT CLASSIFICATION, POTENTIALLY APPLICABLE TO APPROXIMATELY 410 ACRES OF LAND, GENERALLY LOCATED ON BOTH SIDES OF WEST UNIVERSITY DRIVE / U.S. HIGHWAY 380, AND BEING GENERALLY LOCATED BETWEEN IH-35 AND BONNIE BRAE STREET, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AND DEPICTED IN EXHIBIT "A" A TT ACHED HERETO, TO BE KNOWN AS THE "RA YZOR RANCH OVERLAY DISTRICT"; REZONING 53.6 ACRES OF LAND LOCATED THEREIN AND LEGALLY DESCRIBED IN EXHIBIT "B", ATTACHED HERETO, FROM THE EXISTING NRMU-12, NRMU AND CM-G ZONING CLASSIFICATIONS AND USE DESIGNATIONS TO THE RCC-D ZONING CLASSIFICATION AND USE DESIGNATION, AS MODIFIED BY THE TERMS OF THE RAYZOR RANCH OVERLAY DISTRICT CLASSIFICATION HEREIN DEFINED; AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE", "SPECIAL PURPOSE AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.13, "RAYZOR RANCH OVERLAY DISTRICT"; PROVIDING FOR THE REGULATION OF LAND USES AND DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the property owner initiated the rezoning process for that certain 53.6 acre tract of land described by the metes and bounds description and depicted "RR-3" within Exhibit "B", attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the owner of the Property requested that the Property be considered for rezoning from NRMU-12, NRMU, and CM-G zoning districts to the RCC-D zoning district, as modified by the "Rayzor Ranch Overlay District" herein defined, with the Overlay applying to the Property, and ultimately to the remaining portions contained within the overlay district classification herein defined; and WHEREAS, the owner of the Property supports the rezoning of the Property to the overlay district classification herein defined, and made subject to the provisions in Section 2 of this ordinance; and WHEREAS, Sections 35.7.], 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 I WHEREAS, on March 14, 2007, the Planning and Zoning Commission made a recommendation to approve the Rayzor Ranch Overlay District; and WHEREAS, on March 28, 2007, the City Council held a public hearing as required by law and approved the change in zoning from the NRMU-12, NRMU, and CM-G zoning districts to the RCC-D Zoning Classification and Use Designation, as modified by the Rayzor Ranch Overlay District herein defined; and WHEREAS, the City Council finds that establishing the Rayzor Ranch Overlay District serves a public purpose; and WHEREAS, the Rayzor Ranch Overlay District must comply with the City rules and regulations adopted as of the date of passage of this ordinance, unless modified herein, modified subsequently with the owner's consent, or modified subsequently to reflect a change or abandonment of the project. WHEREAS, the City Council makes the following findings: A. The change in zoning and the creation of the Rayzor Ranch Overlay District 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 Marketplace Overlay District, including the immediate neighborhood. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitatiqns 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 adding Section 35.7.13 Rayzor Ranch Overlay District to read as follows: 35.7.13.0 Rayzor Ranch Overlay District. The Rayzor Ranch Overlay District classification is hereby defined with respect to approximately 410 acres ofland, legally described in Exhibit A to Ordinance 2007- OGf5 . The first phase of development is a 53.6-acre tract referred to as RR-3, legally described in Exhibit B of Ordinance 2007- {}hf , and located within the portion north of US 380, designated as the Marketplace development. The second phase includes the portion south of US 380, called the Town Center, along with the remainder of the Marketplace development, but has not yet been , " rezoned in accordance with thcse provisions. Pending subsequent zoning of the Town Center and remainder of the Marketplace development into this overlay district, and modifications to these provisions made necessary by its inclusion, the provisions set forth herein shall apply to the first phase alone, unless otherwise noted, and the zoning for the second phase portion shall remain unchanged until subsequently incorporated into this overlay district classification, including amendments appropriate to the second phase. Nevertheless, it is the intention that both phases shall be made subject to the requirements of the Rayzor Ranch Overlay District, prior to construction of any improvements on either phase. 35.7.13.1 Purpose. The purpose of establishing the Rayzor Ranch Overlay District is to: A. Ensure compatibility of new construction with the existing scale and characteristics of surrounding properties; and B. Protect and enhance speci fic 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. Marketplace. The Maketplace shall be divided into two subareas, Subareas I and 2 of the Marketplace are generally depicted in Figure 35.7.13.2.A, below. [reserve space for Figure 35.7.13.2.A] 3 35.7.13.3 A. B. Application of Regulations. General. Marketplace. In the RR-3 portion of Subarea 2, the regulations applicable to the RCC-D zoning district shall apply, except as specifically modified herein. If any provision of this Section 35.7.13 conflicts with any other provision of the Chapter 35 of the Denton Development Code, the provisions of this Section 35.7.13 shall govern and control. Where any provision of this Section 35.7.13 modifies any provision of any other applicable ordinance, the words used herein shall have the meaning defined in the provisions of the ordinance modified, unless the definition is otherwise provided herein. In this phase, the following definitions shall apply: a. 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. b. Premises: For purposes of complying with Subchapter 15, premises means the area of real property which encompasses all the buildings, structures, appurtances and land located within the Rayzor Ranch development. c. Rayzor Ranch: The comprehensive development which includes all phases defined within the Rayzor Ranch Overlay District (Ordinance No. 2007- OG&' ). 5. 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: 1. 2. 3. 4. a. The second phase becomes rezoned in accordance with this overlay district, as modified at the time of its rezoning; and b. A development agreement is entered into, obligating development of the second phase in accordance with this overlay district, and committing $250,000 in park improvements to offset drainage impacts at North Lakes Park (see Exhibit H). c. 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 1 Documents, prior to conditions (a) and (b) above being met; with the goal of obtaining a mass grading permit for the second phase, and construction permits for certain temporary roadway improvements within the second phase. Conditions (a) and (b) above are not conditions for plat approval, but may be satisfied after plat approval. 35.7.13.4 Subarea 1 Development Standards. [TO BE INCORPORATED LATER] 35.7.13.5 Subarea 2 Development Standards for the first phase (RR-3). In this phase, the City rules and regulations applicable to the development of property located within a RCC-D zoning district are applicable with the following exceptions: A. Permitted Uses. The following uses are permitted: (I) all uses allowed in the RCC-D district; (2) wholesale sales; (3) retail construction materials sales with a minimum floor area of 100,000 square feet; (4) gas station; and (5) 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. B. Prohibited Use. The following uses are prohibited: (I) fraternity or sorority house; (2) multifamily; and (3) auto and RV sales. 35.7.13.6 Site Design Standards. In the first phase of this district, the City rules and regulations regarding site design standards, Subchapter 13, and the Site Design Criteria Manual shall apply, except as noted. A. Landscaping and Tree Mitigation - Landscaping and Tree Mitigation must meet the standards set forth in Exhibit "Coo. B. Architecture - Architecture must meet the standards set forth in Exhibit "D". 35.7.13.7 Parking Standards. In Area RR-3 of this district, the City rules and regulations regarding parking standards, Subchapter 14, are applicable with the following exceptions: Maximum Allowable Number of Parking Spaces. Section 35.14.4.F shall not apply. 35.7.13.8 Signs and Advertising Devices. [TO BE INCORPORATED LATER] -' 35.7.13.9 A. Drainage General In this 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. Areas within first phase (RR-3 Area) that do not drain into North Lakes Park Property are not subject to the Development Restrictions in Section 35.7.l3.9.C. B. Storm Water Drainage into North Lakes Park (Drainage Areas Al and BI) I. Drainage Areas Al and B I 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 I 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 BI are exempt from the restrictions of Subsection 35.7.l3.9.B 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 arc 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 I 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 arc required. TCEQ "approval" is defined as City receipt of written correspondence from TCEQ indicating that the methodology, assumptions, flood hydro graph calculation procedures, and design analysis methods being used to determine the extent of improvements are in accordance with TCEQ accepted methods and procedures. 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 I> 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 I Chapter 299 as determined by the TCEQ. e. Approval may not be granted for any Final Plat that does not provide for onsitc storm water detention until the downstream channel and culvert improvcments 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 Watcr Quality a. All Prcliminary and Final Plats will include prOVlSlons 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 drainagc 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, constructed and accepted by the City, unless the downstream improvements are included as part of the platted dcvclopment. d. Engineering inspection fees will be paid to the City for the inspection of all stann water quality controls during construction. Designer certifications that the storm water quality controls and management practiccs were constructed in accordance with the approved plans will be provided to the City upon request. " 5. Exception - First Phase (RR-3 Area) a. Final Plat that provides onsite detention is not prohibited by these drainage rcquirements 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 certi fy 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 Area 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 CeJ1ificate 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 mceting 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. 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 I Chapter 299 as detennined by the TCEQ. North Lakes Park Pond - Freeboard for PMF I. Freeboard requirements are provided in Section 3.3 of the Hydrologic and Hydraulic Guidelines for Dams in Texas, TCEQ Final Draft, approved by g 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. 2. 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. 3. 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. 4. 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. 5. 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.l3.9.B.3.a. Inundation lengths will be determined per Section 8.5 of the above-mentioned TCEQ critcria. Inundation limits (width and elevation) will be detenllined using HEC-RAS or HEC-2 analysis method, following the procedures described in Section 8.8 of the TCEQ Reference Document. 35.7.13.10 Transportation. 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 pemlit (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 tum lane, on the north side of West University DrivclU.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 in 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 1-35 ? prior to issuancc of any building permit (other than a clearing and grading permit) for property located in the second phase (RR-2) portion. 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-l portion of the Northern Tract. 6. The Developer will construct a left turn lane on northbound Bonnie Brae which connects to the cast/west connection between Bonnie Brae and 1-35 prior to issuance of any building permit (other than a clearing and grading permit) for property located in the RR-2 portion of the Northern Tract. SECTION 3. The Property is hereby rezoned to the RCC-D zoning district classification 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. If any provisions of any scction 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 5. 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 G. 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. PASSED AND APPROVED this the 2~ay of ,2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: !(J APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: 11 Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: List of Exhibits Metes and Bounds Description and Depiction of Entire Special Purpose Overlay District Metes and Bounds Description and Depiction ofRR-3 Area Landscaping and Tree Mitigation Standards Architectural Standards Drainage Areas Exhibit Water Quality Protection Plan Requirements Temporary East/West Transportation Connection North Lakes Park Improvements !2 Exhibit A METES AND BOUNDS, PART ONE AND PART TWO 410.28 ACRES (TOTAL) FRANCIS BA TSON 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-R0101370 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 45048'44" West, a distance of 90.93 feet to a 3/4-inch iron rod found for corner; THENCE with the north right-of-way line of West University Drive, the following courses and distances to wit: --North 89007'28" West, a distance of 773.40 feet to a 5lB-inch iron rod with "KHA" cap set for comer; --North 88056'28" West, a distance of 1761.77 feet to a 1/2-inch iron rod found for the southeast corner 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 00023'40" 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 89010'52" West, a distance of 227.61 feet to a point for corner; --North 00059'35" East, a distance of 80.89 feet to a point for corner; --North 89000'25" West, a distance of 290.00 feet to a point for corner 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 0, Slide 45 of the Plat Records of Denton County, Texas; Page 1 0'6 lII""1_nKImIey-Hom ~_U BIIlI-'Ir<. " E ~ N a Ji ~ a a N ..... '" ~ , I m ~ ~ o 2 ~ , ~ ~ ~ ~Ui 00 ,~ ~ E 0- w 1:1 N a a N " v ~ o r ~ ~ ~ ~ G " ;,;Qj Ex THENCE with the east line of Lot 1, Block A and the east line of Lot 2, Block A of PORTER/ANDRUS ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Slide 856 of the Plat Records of Denton County, Texas, North 00059'47" West, a distance of 217.71 feet to a 5/8-inch iron rod with "KHA" cap set for the northeast corner of Lot 2, Block A; THENCE with the north and west lines of Lot 2, Block A, the following courses and distances to wit: --North 88042'36" West, a distance of 400.01 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --South 01028'09" West, a distance of 28.89 feet to a 5/8-inch iron rod with "KHA" cap set for the northeast corner of Lot 1R, 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 PORTERIANDRUS ADDITION with the north line of Lot 1R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, North 88031'28" 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 corner of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION; THENCE leaving the north line of Lot 1R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION with the northeasterly right-of-way line Interstate Highway No. 35, North 16007'54" West, a distance of 632.67 feet to a 5/8-inch iron rod with "KHA" cap set for the southwest corner 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 73015'13" East, a distance of 518.79 feet to a 5/8-inch iron rod with "KHA" cap selfor the beginning of a curve to the right; . --Easterly, with the curve to the right, through a central angle of 16047'40", having a radius of 345.00 feet, and chord bearing and distance of North 81039'03" East, 100.76 feet, an arc distance of 101.13 feet to a 5/8-inch iron rod with "KHA" cap set for the end of the curve; --North 89058'43" East, a distance of 364.46 feet to a5/8-inch iron rod with "KHA" cap set for corner; --North 00057'04" West, a distance of 450.70 feet to a 5/8-inch iron rod with "KHA" cap set for the 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 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 89032'37" 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 1 042.99 feet to a 5/8-inch iron rod with "KHA" cap set for comer; --North 00032'57" 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 THENCE leaving the east line of WESTGATE HEIGHTS with the north line ofthe 121.4759 acre tract, South 89013'56" 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; Page 2 0'6 ~_nKlmIey-Ho'n ~_UandAssoda1es,Inc. '\ E ~ N o ,;; ~ o o N "- "'- ~ N , I ~ , ~ < ~ ~ . ~ ~ ~ < '" ')!(.i o. ,~ ~ . <E o- w d N o o N o ~ ~ r w > '" o ~ o 6 ..J'i .. Ex THENCE leaving the north line of the 121.4759 acre tract with the west right-of-way line of Bonnie Brae Street, the foilowing courses and distances to wit: --South 00037'18" West, a distance of 1455.38 feet to a 518-inch iron rod with "KHA" cap set for comer; --South 00026'4S" West, a distance of S68.70 feet to the POINT OF BEGINNING and containing 1S3.37 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 cailed 26S.636S acre tract of land (description of Shephard Hail Tract, Tract 1), described in deed to Denton Hiilview, L.P., recorded in Denton County Clerk's File No. 200S-1274S0 of the Real Property Records of Denton County, Texas, and ail of Lot 3 of LOTS 1,2,8,3 PEARCYICHRISTON 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 foilows: BEGINNING at a S/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 PEARCYICHRISTON ADDITION; THENCE leaving the south right-of-way line of West University Drive with the common line of Lots 2 and 3, South 01008'26" West, a distance of 600.00 feet to a S/8-inch iron rod found for the southerly common corner ~~2~~ . 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 PEARCYICHRISTON ADDITION No.1, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet L, Slide 188 of the Plat Records of Denton County, Texas, South 89004'34" East, passing the southeast corner of Lot 1-C at a distance of 711.S9 feet and continuing for a total distance of 730.60 feet to a S/8-inch iron rod found in the west right-of-way line of Bonnie Brae Street (a variable width public right-of-way) for the most easterly northeast comer of the beforementioned 26S.636S acre tract; THENCE with the west right-of-way line of Bonnie Brae Street, the foilowing courses and distances to wit: --South 000S8'S4" West, a distance of 1438.01 feet to a S/8-inch iron rod with "KHA" cap set for comer; --South 00048'S1" West, a distance of 117S.S6 feet to a S/8-inch iron rod with "KHA" cap set for the beginning of a curve to the right; --Southwesterly, with the curve to the right, through a central angle of 4S001'S8", having a radius of 321.07 feet, and chord bearing and distance of South 23019'47" West, 24S.91 feet, an arc distance of 2S2.3S feet to a S/8-inch iron rod found for the beginning of a reverse curve to the left; --Southwesterly, with the the curve to the left, through a central angle of S7"31'S6", having a radius of 392.01 feet, and chord bearing and distance of South 1 7"04'48" West, 377.30 feet, an arc distance of 393.63 feet to a S/8-inch iron rod found for the end of the curve; --South 11041 '10" East, a distance of 1 0.S7 feet to a S/8-inch iron rod found for the north end of a corner Clip at the intersection of the north right'of-way line of Scripture Street (a variable width publiC right-of-way) and the west right-of-way line of Bonnie Brae Street; THENCE with the corner clip, South 39033'SO" West, a distance of 11.48 feetto a SIB-inch iron rod found for the south end of the corner clip; Page 3 of6 lI""1_nKlmIey./larn -....J_U and AssocIates, Inc. E ~ ~ o .n ~ o o N "- "- n n , I ~ ~ < o ~ ~ , ~ ci < ~ ~ u; o. ,~ ~ 0 < E 0- d ~ o o ~ <3 < ~ o > w > ~ ~ ~ o " " vv Ex THENCE with the north right-of-way line of Scripture Street, North 88'58'00" West, a distance of 1265,16 feet to a 5/8-inch iron rod found in the south line of the 265.6365 acre tract; THENCE 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 5/8-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 corner; --North 88'48'26" West, a distance of 41.73 feet to a 5/8-inch iron rod found in the northeasterty 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 corner; --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: --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 acres of land. Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND R0610060. This document was prepared under 22 TAC 9663.21, does not refiect the results of an on the ground survey, and is not to be used to conveyor 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. Page 4 of6 111""'1_'" Kimkly+iom -....J_Uand-.lnc. "'\ ~. E ~ ~ o '" ~ o o N "- <:. ~ . I ~ W I ~ I ~ < ~ w .=. ~ , ~ ~ ~ < ~ ~;,; o. I~ ~o < E ~- ~ N o o N " . w o C; > ~ ~ ~ o <; . vv ~x ^ ~,I . , a ..;~ ~~"~" I::~"; . ~~Iil~~ . . . ~lj::t;;~ 0> ~ ." . ~ g ~ ~ ~~ " t'] ...~ !Ii! ~a<:l.,? ~ ll~~g ...:i:!:~'" j.<.r -~Q:1 ~ ~~~~ ~ ~ ~~ ~ ",0 VI , w z-tm ~ SCALE: inch ~ 500 Il. PART ONE, 153.37 ACRES FRANCIS BA TSON SURVEY, ABSTRACT NO. 43 CITY OF DENTON, DENTON COUNTY, TEXAS 80INJE BRAe STRCfr (VMA~OIIllI)fPlJ9.Jr;I!IQ<T_O'"_~"'~ SOO"J"'S-W ~ ".<ft' ,"'" Il' 4.",,~ro' ~?i'r;:,4. #.~""",~"J' fJ;>9i'~ <(i PART 1 153.37~ ACRES CALLED 121.475!l ACRES DESCRlPnON OF SHEPHARD HALL TRACT (TRAcr 2) DENroN HILL~W. LP. D.CCF. No, 2005-127450 R.P.Rp.C.T. ~ . ~ " '.~ CALLED 2.ID17 ACRES (TRACT 2) OUANWU 01 DENTON SflF STDRAGE.lliP va. ~21. Pc. 01847 RoP.R,D.C.T. :/:: '" . ;I .~ "I- NOO~t04-W I', .ML70' ~~ ll'" ilii!l .' ~~ " ~ . .0- " ~~ . ~8;.,il" "al ~\tS:;~g ~ Wii~~~ ":.. \---.... \ " ~ 'e\ &>~~ l''k'''~~'\; ~~t-~<{.,.. '\-. ~_v $ 0,~9 (]~~~~-~q. c c. 00 CALLED 18.26~ ACRB DCNrDN PROPf:RTY JOINT \lENTURE D.CC.F. No. OO-ROI01J70 R.P.R.D.C.T. '''.5.5.JB' \ SOO76',c,-w , 568.70' ) ~U.b"w ~ ._, <0, ... 6>...~ ~ ~o) ~ ~ IU ,>-. "Y'~b, ~,~~r.o- "0 ......,,"'0 :.> ~~ "" !-~ "> ~ ~ ~Ii~~ 9 :~il:~ ~ D 0: 9 :;reO ~ ~ ~ 3 i ~, ;O;~ 1Il~-(j ~I~:~ Q ~ " ~ ! CAULD2OI5.'Jl!,5AOlD" OESCRIPIJOHOFSNCPHAROHAU. lIUcr(IltACrl) OOITDNHUloIEW;LP. O.C.C.(.No.200IH274~ R.p.R,o.c.r. "{"('II01 1J'~p. ~ ~ ALLro 0.2254 ACRES (TRACT I) OUANnJ/II of DENTal SE/,.FS1"QI;'AGf',ULP lItlt.5021,PG-0'847 R.P.R.D.C.T. lOr. s.uGr AODtnQlf -.a..1J.PG.47 P.R.D.C.T. POINT OF BEGINNING (PART ONE) on '" ~ I r~~ I: ." "'~~ ;u ~t~ i I CALLED 2.2200 ACReS (TRACT J) QuANTUM of DENTal seLF StrJRAGf', ULP \00(.502', PC. 01847 R.P.R.O.C.r. '" II> ~~~. ~~~~ 'a,r~ ;~~.~~ .,. ~~~l\j:i1 :t: <>S3&'<>a: . QO-"""'Q:" Il)b ....~~.. 1'10 ~::!~~ ~c:i tJ i;~ . J~ c-> ~ 1 ",.1 JfO--pYl 632.6 1E tOG!" 1II,;tlI~d~ IMTEr6;!: ",oU< po..ell' Page 5 of 6 "",,,, 111"'1_'" K1mlotl'>m ~_U 8IldAssodales,Ir<. ~ ~ o '" ~ o o N ... "- ~ ., I ~ , ::: ~ , ~ ~ < ~ ~u; o. ,~ ~o < E 0- ~ N o o N " ~ w o ~ " ~ ~ I'i " " vv ~x N W-tE S SCALE: inch ~ 600 ft. PART TWO, 256.91 ACRES B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NO. 192 CITY OF DENTON, DENTON COUNTY, TEXAS NOO'58'25e lJ.09' ~ CA.lLfll 121.47'9 ACRES D(SCRIPTION OF SHEPHIoRD H~ti ~ I" mACT(TRACr1) ~~) DENTON HILllfClI', LP. \pp5l1 ..~,~ D.c.cr. NQ 2005-1274$0 ~I ~~..2. RP,R.D.C.T. ,. ;,,- ... ~~~I~ j,$ooa' "~ - "'Cl::~ "" f~~ liar LN~lY """" (lJ.s MGH!MYNo. .J<<J) " ('Ql~-roorOlll(-.....c:_r_"'_"r) 589"0 'o1"r <<0 .= ~ ~ . = LOT.J LOT' 1.01S..u.s ..-.- .tClClI...... C<8. II, SlID( ,}f ~(,.. p.I/.D.c.r. o\')...~ ~\~~~.,6 .I':;f~<t-' 'fr" 11 .59' 589'O<f'J.fT 7JO.60' ! [ J " ili . J POINT OF BEGINNING (PART TWO) un! '.~aJ ~JtHhIQll ADPIOWIIIQ , CiIB. B. SUD€.34 P.R.D.C.r. ~~" ~'<>~ ddlI~ ~~ . ",. I;i" 'lIP' \ll.C"''1i'\\'.>C:, 'l!>l$l!>' ~'I!>'O"'i. SO'''08'26~W 600.00' PART 2 256.91 ACRES . .., ~ ~~~; ",S ~~ II: ~ ! ~ } .;; " ~ CAUfO 26~6.J65 ACR('S DESCRIPIlON OF SHEPHJ.RO HALl TRACT {TRAcrI) DQlTON Hll.HIf"W, cp. o.c.e.F. No. ZOOS-11l4SO R.P.R.D,c.r. N8B"5B'OO~W 761.56' .4-51'J"56" R-J92.0" L-J9J.6J' l'-l CH=S17TU'48"W .88 Cl..J77.JO' ..... ~ ~ SCRlPR.fI(' slRar ~ t-:=..:_";.";j""1C .4-45'0"58" R-J21.0r L=252.35' 0i-N2J'19....7"E CL.=2"S.9J" NI5'SO'JO""W 38.J2' NB80<fB'26"W "'.1J' ~ ~8 ~g -.., :)1 CALI.Ul2~.5.J6!5ACRf:S DCSCRIPIlON a'SHEPHARD HALL 1RACT(TRAcrl) D€NroNHIl.L\fE"W.l.P_ ac.e.F. No. 2OOS-/2NSD R.P.R.D.c.r. Page 6 0(6 ~_n KImey-Horn lIo..J_U ardAssociates,Inc. E ~ ~ o ~ ~ o o N "- '- ~ N , I ~ , x to ~ , ~ ~ ~ < ~ ~u; o. ,~ ~c < E ~~ d N o o N " ~ ~ r w > ~ ~ ~ o " " ;j~ ~x Exhibit B /' RR-3 ZONING DESIGNA TlON FRANCIS BA TSON SURVEY, ABSTRACT NO. 43 CITY OF DENTON, DENTON COUNTY, TEXAS BEING a tract of land situated in the Francis Batson Survey, Abstract Number 43, City of Denton, Denton County, Texas, and being all of a called 18.269 acre tract of land described in deed to Denton Property Joint Venture, recorded under Denton County Clerk's File Number aQ-R0101370 of the Real Property Records of Denton County, Texas; being all of a called 2.99 acre tract of land described in deed to De Hall Properties. L TO., recorded under Denton County'Clerk's File Number 2005-40231 of the Real Property Records of Denton County, Texas; being part of a called 121.4759 acre tract (description of Shephard Hall Tract, Tract 2), described in deed to Denton Hillview, L.P., recorded under Denton County Clerk's File Number 2005-127450 of the Real Property Records of Denton County, Texas; being part 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, 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 being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with "KHA" cap found in the northeast right-of-way line of Interstate Highway No. 35 (a variable width public right-of-way), for the southwest comer of Lot 14 of GREENWAY CLUB ESTATES, an addition to the City of Denton, Denton County, Texas, according to the p1atthereof 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 line of GREENWAY CLUB ESTATES and crossing the called 121.4759 acre tract, the following courses and distances to wit: . --North 73015'13" East, a distance of 518.79 feet 'to a point for corner and the beginning of a tangent curve to the right; nEasterly, along a curve to the right, through a central angle of 16047'40". having a radius of 345.00 feet, and a chord bearing and distance of North 81039'03" East, 100.76 feet, an arc length of 101.13 feet to a point for comer; . --North 89058'43" East, a distance of 956.00 feet to point for comer; --North 00049'08" East, a distance of 115.94 feet to a point for corner; nSouth 89010'52" East. a distance of 946.19 feet to a point for corner; --South 00049'09" West, a distance of 173.83 feet to a point for corner and the beginning of a tangent curve to the right; .-Southerly, along a curve to the right, through a central angle of 19004'34", having a radius of 600.00 feet, and a chord bearing and distance of South 10"21'26" West, 198.84 feet, an arc length of 199.77 feetto a point for corner and the beginning of a reverse curve to the left; --Southerly, along a curve to the left, through a central angle of 19"04'35", having a radius of 600.00 feet, and a chord bearing and distance of South 10"21'26" West, 198.85 feet, an arc length of 199.77 feetto a point for comer; --South 00"49'08" West, a distance of 872.22 feet to a point for corner in the proposed north right-of-way line of West University Drive (U.S. Highway No. 380) (a variable width public right-of-way) and the beginning of a non-tangent curve to the right; THENCE westerly, with the north line of West University Drive, along a curve to the right, through a central angle of 0020'17", having a radius of 4946.50 feet, and a chord bearing and distance of South 88"24'53" West, 29.18 feet, an arc length of 29.18 feet to a point for corner; THENCE leaving the north line of West University Drive, crossing the called 121.4759 acre tract the following courses and distances to wit: . --North 00048'48" East, a distance of 417.53 feet to a point for corner and the beginning of a non-tangent curve to the left; --Westerly, along a curve to the left, through a central angle of 2r28'59", having a radius of 750.00 feet, and a chord bearing and distance of South 74"50'47" West, 356.31 feet, an arc length of 359.75 feetto a point for comer; 1 --South 00049'08" West, a distance of 324.87 feet to point for corner on the north line of West University Drive and the beginning of a non-tangent curve to the left; Page 1 of3 ~=~ =".....111:. ", ~ ~ ~ N ~ 0 0 N .... " ~ ... m ~ I z 0 [:', rn ~ -' < ~ .. ~ ::J Ill' ~ E 1- ~ \'i N 0 0 N 5 ~ ~ ~ '" oc ~ ~ G ..J:r! . . Ex THENCE westerly, crossing the called 2.2200 acre tract (Tract 3), with the north line of West University Drive the following courses and distances to wit: --Westerly, along a curve to the left, through a c~ntral angle of 4050'42R, having a radius of 324.86 feet, and a chord bearing and distance of North 84042'29R West, 27.46 feet, an arc length of 27.47 feetto a point for corner; --North 89000'1r West, a distance of 172.51 feet to a pointfor comer; THENCE leaving the north line of West University Drive, crossing the called 2.1017 acre tract (Tract 2) and the called 2.2200 acre tract (Tract 3), the following courses and distances to wit: --North 00048'13R East, a distance of 280.88 feet to a point for corner; --North 89010'52R West. a distance of 170.63 feet to a point for comer; --South 00048'25" West, a distance of 280.36 feet to a point for cameron the north right-of-way line of West University Drive; THENCE crossing the called 0.2254 acre tract (Tract 1), the called 2.1017 acre tract (Tract 2) and the called 2.2200 acre tract (Tract 3) along the north line of West University Drive, North 89000'1r West, a distance of 96.90 feet to a pointfor corner; THENCE leaving the north line of West University Drive, crossing 0.2254 acre tract (Tract 1), the called 2.1017 acre tract (Tract 2) and the called 8.9217 acre tract, the following courses and distances to wit: ..North 00046'53" East, a distance of 240.26 feet to a point for corner; --North 44011'59" West, a distance of 21.21 feet to a pointforcorner; --North 89010'52" West, a distance of 295.10 feet to a point for corner; hNorth 00059'35" East, a distance of 80.89 feet to a point for corner; --North 890DD'25R 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 0, Slide 45 of the Plat Records of Denton, County, Texas; THENCE with the east line of Lot 1, Block A and the east line of Lot 2, Block A of Porter/Andrus Addition, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet V, Slide 856 of the Plat Records of Denton, County, Texas, North 00059'47" West, a distance of 217.71 feetto a point for corner for the southeast corner of the called 2.99 acre tract; THENCE with the north line of Lot 2, Block A, North 8'8042'36" West, a distance of 400.01 feet to a point for corner for the northwest corner of Lot 2, Block A; THENCE with the west line of Lot 2, Block A, South 01 028'09R West, a distance of 28.89 feet to a point for corner 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 with the north line of Lot 1R, Block 1, North 88031'28" West, a distance of 399.39 feet to a point for corner in the northeast right-of-way line of Interstate Highway No. 35; I THENCE with the northeast right-of-way line of Interstate Highway No. 35, North 16007'54" West, a distance of 632.67 feet to the POINT OF BEGINNING and containing 53.65 acres, more or less. 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 conveyor 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. Page 2 of 3 ~=~~'...br. , , E ~ ~ ~ OJ ~ o o N "- "- ~ " rn ~ , z o N m , ~ ~ < ~~ ,~ '7~ ~ ~ N o o N 5 . W D , ~ ~ ~ ii " i1i~ ~x (W) ~CI) 03 ~~@ o 0 )..~ j::'o:t""" 5C1:~ <:CI)::i ~a:l0 _oq:o CI) >- ~ :c: Lu ,.. 0 QS:'-' ~Q::~ ~~Q ~ :c: :c:~ ooe N~:C: C")oq:l.U a::a:lQ ""tI)u. .....<30 :c:~ ~- u.0 idUJ P ~.. ,.8'.L I ~ M". ~ ~~ ~~ ~' 1... r"- l ~ .. ~~ !"'lOr....~,.... .o"pCIQ po .~crj O'lO~VlO'l, _10_ 11- . II n II J: 11 ;-'-C.~_.-Juct ~ ~. ~. !"'lgr...f'i13 Pc:i~OQj OlO~Vl~ ii~jj111 CCl:::....ud !"~!I !~:En ~ -~t- l" "". ....8 ~~ ",'" .,'" " l" . 8 ~o. o,~ ",Ol'<)~" :'t'1t\~iOg ~;S;~'rf- II II 11:r.: 'I OCl:::....ud \ \ ~ I- '"'j! !~~n ~ -t- Page 3 of 3 .~~ ~ ."q. ,9l'OOl ~~eft .......' rC-;:' 3..rS.9t.OON ~ ~)i rC-' C\j" ~. '"" ltlO Q t~>t ~~ !~:s ~o~ ~ ~~a5 ~~ ~ t ,U'lL8 101;80.60.005 ..S"LIO l.80.80.00N ~ 1-- ~. ~. "'0' 0_ Cco~~'" f\lc::ioi~1O ~~IOV)~ 11 11'" II II C1Q::~i5d ,88'08l lSl,8..oON ~ . ". '" o r-.... "'- ~ NOOOS9'47"W 217.77' .~ "'. !"'l5 "'d "0 .,.. ., " ~ ",. ~~ QJcx:i ~ "'-" . o C1Q~ Vl !\I.., ~g: ill"" " ~ :1 1\ ~Il rrr \~'I :- "'!. "'''' I oc.olX)Q)- ; S"t;;;~~~ <.' I o....C'\i b II '"'' J: d ; QO:::-.JU ~ :n. !'O8 Sd ",'" .," " ."~~ , ~ : I! [ . 'ij I. 3t:. I' 0.' . !'O ~ I (\oj" t\l '. ::i .:'I" 18r... ~~ ~ ~~ ~"'''''D:l'' . Qll"J :.~":Z:C\i p~ II ll~l~ ~_ QO::-rOu ,_ " :, <---II ,9,'08);" l:j'lll~ c;Z 91'.005 . l~ ~ en S ,::i '" - ~ ~ ii: c :\ ~ , It: ~ Z ::J . ,. 1!'"" ,-'I! ~15 I ~1- ,L8"l. .. 806..005 r .68'08 l,s.,6S.00N , I; " " I . ,. i; " N w+. 5 1 inch :::: 300 ft. ~=n~,...1r<. E JJ- ~ " !; ~ ... '- ~ x w I z o N ~ ~ ~ ~ ".. w. ~. I~ ~ a ,S ~ N o o N 5 . w o , ~ ~ o ~ o 6 " 4lq; Ex 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 III 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 (l8'x9', 162 s.f.). Each island shall contain 1 shade tree (2" min. cal.) from the Approved Plant List (see Appendix C). 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 (l8'xI8', 324 s.f.). Each island shall contain 2 shade trees (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). (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 (l8'x9', 162 s.f.). Each island shall contain 1 shade tree (2" min. cal.) from the Approved Plant List (see Appendix C). Ground cover within the island shall be 100% turf, shrub, planted 1 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 jn 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. (Hi) Tree Species: Tree species to be used for street trees must come from the Street Tree "P" list as shown in Appendix C. Section 1.02 Subarea 2 Buffers and Screeninl!: 2 The Marketplace shall incorporate buffers between the Marketplace and the adjacent areas to the north and cast. (a) Residential Development Buffer (North) (SF-I) 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 (I) 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 Development Buffer (West) The Existing Development Buffer shall consist of a fencing and landscape buffer. The wood fence (8' ht. minimum) shall in~lude steel posts and a decorative cap with the good side facing the residential use or ~oning district. Additional to the wood fence, a 10' landscape buffer (commercial side) will include a minimum of one (I) 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. The wood fence must have openings a maximum of every 300' for maintenance to landscaping in the buffer. (c) 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 Bmmie 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 (I) 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. (Hi) 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, Parkin!! 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. (Hi) 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: I) 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: I) A minimum of7% 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. I) Parking lots shall be separated from the street frontage by a IS' landscape area to reduce visual impacts. 2) The IS-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 IS-foot landscape area. 4) A minimum of three small accent trees clustered every 30 linear feet within the IS-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 IS-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 IS-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 1 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). 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'xI8', 324 s.f.). Each island shall contain 2 shade trees (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). (iii) Subarea 2 shall include the following Drive-through requirements: I) 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 Lil!ht 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 oflight. (c) Areas designated for pedestrian use shall provide a minimum of one foot candle of illumination. 6 Diagram 1-01 III I III ""<It "1'-0-1 ' if-i(" if .~ v)l.!ll'"~ L'. If' " '.1 I II I III . ~ 11111 III II I " '<". ,,'i :lO~~ 7 1:: .. .c o <l> Cl. .. V '" 't) c .. ...J .c v c .. n: ~ 2 >- .. n: " ~ ~i5'~ 2}41N '" e > ~ N ~ 0 uu - ~ H " " ~ e'" N c i'i~ ,2 0 ;; '5 g 0 ;; I~ E 0 N " C ~ g 0 " &l"{ '" " eo: u cl: <LZ 0: 5 ~~'" "' E u....'J) ~ 'E g~'<l" C :l! " " & UU E ~ 'C C t' & 5S ~ E 0 " E.glt\v II 'E c:: 1> S " :3;;: ~ is ~ " <UN ~ t~ > " ' 0 >" 0:;: 'C U a: & '" ~ '" " " '" '" e ci: u Q, <LZ 0: 5 " ii:~ t't' ~~:i; F 2~ S~ ~ ~ 'E " ~o uw ~ 5 n "'~ '* ,*;;~ 1l .0 000 E if, ^" " NN~ 'E -g ~ ~!3~ e ,(: C c N N ~ iO " ","" & <1l1"1:;E .:>::; '" ~OC~ ,"a:a: .:l <nzz uzz '" '" " ~ b <: '!! N <ri "' 0 ~ p: F e 0 <: " ,ij 0 " + C 'Ii ~ 8 0; M .; ~ ~ ':! " a: :> l!l ~ N in " " e " ~ " Ji t: D " " " Z '" '" 8 ~ c o "' . :; o ;; I~ e ] <; cl: &~~ g>~ " " 00 8 ll~ w, e- Ii'" o ,~ 15 N h _0 <LOC c . E " ~ E " ~ . is ~. is: g~ ,5 g ~ g: S rtI 0 :Sou 5I '" E~~~ 'E t: 41 :E.5~ . ;: . > o 'C & ~ i? 'ii > o II ~~ tu <LOC o cl: ~ g: ~ ~ ~ J::7 g ~ ,"uo 51 8~ J2.g t'J I.'\l ... ~.s~ e '2 ~ . ~ . lXl ,~ 5 N::> ~:> "? "ococ lXlZZ ~ '" l> <: ~ '" ':! ~ ~ o " '" c '" o e 15 I- :;: .. ~ '" J9 in ,s , g Sl ~ " " '" iI' " ;: - '" '" ~ - " ::; a: Z '" o " '" o N " '" 0: Z ~ i u; c ,2 ;; "" '" " VI W '" " 'C F . '" ,2 '. 'E 'C . ,; '" F '6 " <:; ,5 e " ~ F ,2 ;; '5 o ;; o . '" " e o " ;; 2 " t:- <; o ~ !!i v ~ 0: Z ~ ~ '" <1; ,!f! co " 'C 'Iii " OC N '" " m D " W R4ry20r Rauc.h Approved Platl. List Callop)' trees !ktllntC;t'lWf3t4d25CS!.l':t .S:::l)e$ql7C'*:()bMar;w{ SlrootJrM"!\' Stl'O<ltlr,,'II' ..; CIM01."'llCrlll , &tO~t , uveOUll. SbvotTru'C.t.o' 'Eibo'lI\\:J II- 'I..:"eoo .1")."O~1:. 'C~li~ 'F~(l'H", CtrtXloV . TI~"A""".~h , Fl'l~~nRMC,.dat ,rt'(l;IfFI'l1 . PO:l;tCJl~ , 1.l~O'.J(ll( . Uw>i1.1\( , CA~i:iI\RtKtCtd3i . 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MllbmP<<tl:.:lT< ~'r.;Callnum I'\Q'I1.Ullw;l..fln;m EutJclo..;ta::1od!n ~~dc <dlW:X-ICM o :lta:n~ t-:Ul:t>lP&.:.fuj,....." ijt :ln0:3~ rool:U H"If:-woctlilloll rex!' SlU'lW funl F.r.:'~IlrJlrn.l ~lmiUU:13 enl>t'W~_~ Ulg:<l ~I(ea ~d'l..-."Wi ChurtU'1'lUlflla'J1(;lun Wtlll!lllmce~t1 Ro~a :Jtlll~.i'~ SaU)l(t' Tun S':'1)l)a"l<).tj M~mll$CJltl Na,ot1l:ltSt lC:'llrl::~H!\>:l U;l'lllll I 'NwJ.lll.l~'o1il LiMla lilf1(,H<:ra EchlUl~:lt)f liI'1>> I ni "t<nl\K...ottl::ilc1rl)> B6Ll~lCvll('>Jf:ioQM;"3 ~f'M"C.l__-.n illftnlt"le5OliM lN~(JW.} ~f\mi'Yf(>;i"'r~ C4l"ll:);,,'00I~fW f'.llrJJC!'Ie<:i"\i.l im::udlllo Atamuia Ltj()..o'<iflfla lto:tll..~an~ .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 of2" 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 Rayzor Ranch Mitigation Chart North Site Total caliper inches of trees taken down and still remaining is 7713, 161 caliper inches of the 7713 are Quality/Protected Trees 5524 Caliper inches of the 7713 inches were taken down 2189 Caliper inches of the 7713 inches are remaining 7713 inches -161 Inches of Quality/Protected Trees = 7552 inches 7552 are Secondary Trees requiring 12,5% mitigation = 944 caliper inches 161 are Quality/Protected Trees requiring 1:2 or 1:1,5 mitigation At the worst case scenario 1:2 = 322 caliper inches Total caliper inches to mitigate = 944 + 322 = 1266 inches This is 633 trees (assuming mitigation is with 2" caliper trees) South Site Trees to Preserve: 3 Quality Trees = 42.4 inches 2 Protected Trees = 43,5 inches Total caliper inches to preserve = 85.9 inches Trees to Mitigate: 34 Quality Trees = 351,1 inches 6 Protected Trees = 298,6 inches 2 Large Secondary = 49.4 inches 18 Secondary = 23.25 inches Total caliper inches to mitigate = 457.25 inches This is 229 trees (assuming mitigation is with 2" caliper trees) Mitigation Total of North and South Sites = 1724.25 inches Preservation Total of North and South Sites = 85.9 inches "This mitigation plan is a proposed plan. If any transplanted trees die within the first year, the developer will replace the trees with the equivalent number of caliper inches. 11 SCRIPTURE STREET 0_., :'l . .1...; fJ ~ 'L::f j. ,.,.;: ;;<<I~ j~ ~ ;;:; 'J o ~, w;' :!! ~ \J'h <; '" ro ~ Z." Z' o ro ~"t 4. v> N }L m i~ l~ tJl 1,<; ....... .. . ~ .."" .- . ........... . . ..~ t(. u, {fj. " u, vi 0f lh Uj ('? lk a;- ,"; tL m \YfsrUNlvEflStfV OfUVE t US 3BO~ Ch tt i- , u. ill u.. iJl lL Uj i' il. tfJ :l ~ t~ if) 12 I; , / o " ,. f? ~ 1'; f, Z C , ':J. ~ !.ll: U! 51 ~ vi ~ i1 ;J .-:(j '" :e1 8, ..:' <:::(1 cd ;" ti) < L~ d. -' t.:G ;" , < -. w b ,- ~;;:: ~v. a:; 'c HI L Zl ~ ~ V' ~! H 'Xl ]1 ri~ ~ N, ;;j iX.i m ;4 qv g~ , J '" ,;1 " - ". ::, . < ioJ , o Z 7'1 8 M if ;;; ~ :i < " Sf ~ :;,;; ;:; iil W j c B~' ':;"1 )>'" - ,.! ~ <;J cr- t;;., ? 'f~ OK' "0 {,'Ii ~ ~ t:: ~ \'J - ~ ,f ilitt '- it ~ :2 4- d" ~:; o ~- e' U! ~, '1'<0.. ~$ 0.4 t?::; kif:. 'EB~ ~ , " CO ~ . a -;t ~ :~ ~ < -E''^:g o . ~ ~ E I " " 1~ ~ ~ -< -< I,;,; l.O.I '" '" -< " a 0 ~ ~ ~ i= ~. 5E Iol.:.... ~ ~ ;1' . . .' . . . , . . . P"~ e i ~ ~ :o:O:Ob ~ onVV'!\(I _ V\ ...~:::-:t~ z iif iXCE 2''::: .. o wi~~e8 ~ ~-~~~~. ....J tI Vtca:;o:;12~5 ::> ~ t:'}t~:::~;~v ~ MN;:;~;;;:;~'=' <( .....ooaoo~~ '~"">~~'~'222 2 ~ ~ ~ '" ><",,,,. 5~ ~ ~ ~ ~ ~!d~~ ~}~ 8 -,-,.-1' z ..: ...J 0- Z o ~ ~ E ~ '" ;;; ;< o ~ o c w ~ w 4i a:: E f- 't c. N ~ ~ " ~ w '" Q w ~ :ii ~ :5 2 ~ / Large Scale Development Regulations (RR3) Updated 03/22/07 Exhibit D Building design shall contribute to the uniqueness of the development with predominant materials, elements, 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 requirements 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 1-35 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 industrial purposes) shall provide the following design features: (Refer to photographs enclosed) a. Favade walls shall not have an uninterrupted length in excess of 100'. Facades to provide the following at intervals no greater than 100', excluding elements provided in Item d. (Entryways) below. 1. Color change, texture change, and material changes within the walls. (photos 1,3,6,7,9), and II. A change in wall plane no less than 12" in depth extending a length of minimum 20' (photos 2, 3, 9), and Ill. Variations in the top of the wall of a minimum of two feet in the height (photos 2, 3, 7). 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 comice expressions or coping detail of minim urn 12" tall (photos 4, 7, 9, 12). c. Facades are encouraged to include the following: 1. Wall plane projections or recesses having a depth of at least 3% of the length of the favade and extending at least 20% of the length of the favade, not to exceed one hundred feet (100') (photo 11). II. Pilasters projecting fi'om the plane ofthe wall by a minimum of sixteen inches (16") (photos 6, 7). Page 1 111. Canopies, awnings, or porticos projecting a minimum of six feet (6') from the plane of the primary fayade walls (photos 2, 3, 5). IV. Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials located with a maximum spacing of fifty feet (50') (photos 6,12). 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 (photos 2, 4, 8). e. 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 (photos 4,5). 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 commercial purposes or industrial purposes should have the following elements: (Refer to photographs enclosed) a. A pattem that includes the following elements at intervals of no more than one hundred (100') feet, horizontally. The following pattem is also to occur vertically at least once witbin the height of the building, above 10' height: 1. 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 (photos 13, 14). b. Variation in the top of the wall of a minimum 2 feet change in height at maximum 200 feet intervals. Peaks, arches, or other expressions of the front wall form are encouraged and should be used (photo 13). c. Top of the wall to have a cornice or coping detail a minimum of 12" tall (photo 14). 3. Sidewalk displav and cart storage. Areas for customer loading or merchandise shall be clearly delineated and shall not be located in front of any customer entrances, exit door(s), or within fifteen feet (IS') 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 pcnnanent outdoor storage, display, and sales areas shall be limited to 10% of the footprint of the building, but in no event Page 2 ~ shall exceed 20,000 square feet, except for home improvement use, which may not exceed 45,000 square feet of outdoor storage and the 10% footprint restriction does not apply. b. Pemlanent 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 wall of columns minimum 2' wide, of like appearance to the building with wrought iron or decorative tubular fencing between, and topped by wrought iron or decoration tubular steel fencing. No merchandise other than trees shall be visible above the wall or fence. (Refer to photographs enclosed) (photos 11, 12) d. Seasonal outdoor display will be allowed. Size will be limited to 11, 000 square feet maximum and cannot reduce the number of parking spaces below required. 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 customers. 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 ofthe chain link fence. 6. Wall and landscaped buffer vard. An eight-foot masonry wall of brick, stone, split block or concrete 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, easements and drainage channels. If the large retail store property and residential property are separated 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 Deliverv. 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 completely 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. Page 3 ~ 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 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: I. Fronts and street sides of buildings, excluding windows, visible from the public right-of-way shall be non-reflective and shall be of wood, masonry, stone, concrete, decorative block, stucco, HDO board (in accent areas only) or other high quality material customarily used. For purposes of this subsection non-reflective means materials with exterior visible reflectance percentages less than 27 percent. a. Acceptable material and color palette (reference Appendix A-D): Limestonc or varying colors, sizcs 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 neutral/earthtonc color. Painted siding of a warm, neutral/earthtone color in accent areas only. EIFS or stucco of a warm, neutral/earthtone color. Accent colors of a warm, neutral/earthtone range are required but should be used in a limited maimer. Natural metals such as but not limited to zinc and copper. Natural wood, stained or paintcd. Roofing: metal shingles and panels, or slate in galvallized or natural/ earthtone color. 2. The use of ground mounted lighting or pedesliian 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: Page 4 ~ 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 (3D") 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 15 gallon. (Refer to photographs enclosed) (photo 10) 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 fblly 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 extension or screening by sloped roof forms. Color or finish per acceptable material palette (reference Appendix A-D). E. Accessory Use: 1. All accessory uses to a large scale development shall be architecturally compatible with the main stmcture. Page 5 1. Example of: color, texture, and material change 2. Example of: change in wall plane variation in top of wall canopy entryway ~ 3. Example of: color, texture, and material change change in wall plane variation in top of wall canopy I awning 4. Example of: sloped roof entryway . signature element cornice expression ~ 5. Example of: awnings signature element 6. Example of: color change pilasters repetitive ornamentation ~ 7. Example of: color, texture, and material change variation in top of wall pilasters slope roof cornice expre~sion 8. Example of: ~ 9. Example of: change in wall plane cornice expression color, texture, and material change 10. Example of: planting area in sidewalk , parapet wall screen ~ 11. Example of: permanent display enclosure wall plane projection 12. Example of: , I . I cornice I repetitive orhamentation permanent display enclosure I I I ~ 13. Example of: rear wall pattern rear variation, in the top of wall 14. Example of: , ! i rear wall pattern rear wall - top of wall cornice , , i I ) ;/ ,__,:"'-='-c~___-.ll SCRIPTURE STREEr Exhibit E ,~- \\ '~\ ' \\;~~ \ \,\;,~\, -"~~~\~(7;'-o' z=, \\\ \\ '\\f \ \ \ \ \ ,~\ II\\II\~ \~~\\\\ ., ~\\ \ \ \~\ \~~\~<,.\ \~~ \\"~\ \\ \ 1\_' l '\ "\'~,1 ,\.1,' \ \~1'~\\\\ \''.\'7. 'i'.W, , \\\a\'\i\\ \\\a\\\\, \\\~~)~\ , ""~' ;~\ i\~\ \~\\"~"\\\ '\"" \ \~~&,\ ,\'\,\ \\'\.;\\ \.\\ \ \. \,:,~\ \ \'(":\\,, \~:~t ""---', \\\\\\ '\ ,II II LEWiO. II'\\.\. II \ '. \\ \ ~ \ \", \\ \ \\\\\ \\ ~ DRAINS TO NORTH ~ LAKES PARK (SOUTH POND) D NOT APPLICABLE \ "'\ \\ \\:~~:~ - DRAINAGE DIVIDE Scale: AS SHOWN OnignedbrKHA O,ownhy KHA C~.d@d by KHA DOl' Proi<>ct No. a6~012001 Fk C;\CI"'L\6~012001\O.9\hh;bitJon;n9..L.";r,;tJJll~'NAG[ ""US EXHIBlLd"q [I) 1/26(2007 1;58pm X,.fo: <o.rial XRO"'OW~Y ,'_J~ 'OObu,lt .bdy .dom X2436 Imog.." DRAINAGE AREAS EXHIBIT , RA YZOR RANCH I.H. 35 & UNIVERSITY DRIVE DENTON, TEXAS ~ DRAINS TO ~ NORTH LAKES "... PARK (SOUTH POND) -I i I i N W+E S GRAPHIC SCALE '~~oo \>00 I ( IN FEET) ~-n Kimley-Horn ~_U and Associates, Inc. ~':';':..C";:',-.""'"'" i:;::::mw':l:i: 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 ofGovemments (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 Water Quality Protection Plan Page 1 of 6 Exhibit F March 23, 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 ofrainfall 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 iSWM 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 Water Quality Protection Plan Page 2 of 6 Exhibit F March 23, 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] .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 developer's engineer(s). 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 stof!ll 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 I Permanent Sand Filter Underground Sand Filter: Gravity (Oil-Grit) Separator: Ponds: Storm water ponds are constructed istorm 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 Water Quality Protection Plan Page 3 of 6 Exhibit F March 23, 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 on site 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 Water Quality Protection Plan Page 4 of 6 Exhibit F March 23, 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 Genera] Deve]opment Plans, Preliminary Site Plans. Preliminary Plats and Fina] Plats. These areas shall be reserved as drainage easements on the Preliminary and Fina] 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. Genera] guidance for the preparation of conceptual, preliminary, and final Water Qua]ity Protection Plans (iSWM site plans) are provided in Sections 1.1.3.5 through 1.1.3.7 of the NCTCOG "Design Manua] for Site Deve]opment, 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 shall not be granted for any development until the City of Denton has approved a conceptual iSWM site plan. 3.2 Preliminary Plat Approva] shall not be granted for any development until a preliminary iSWM site plan that includes dedication of drainage easemcnt areas as necessary to construct storm water controls has been approved by the City of Denton. 3.3 Final Plat Approval shall 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 calcu]ations 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 ]f a "regiona]" structural storm water control area is designated to serve separated or multip]e lots in the development a Water Quality Protection Plan that satisfies the requirements of Section 2.4 shall 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 P]at'that relies on the "regional" storm water control area for storm water quality control shall not be approved until the City has approved the iSWM site plan and Water Qua]ity Protection Plan. Rayzor Ranch Water Quality Protection Plan ; Page 5 of 6 Exhibit F March 23, 2007 3.4 Clearing and Grading A clearing and grading ermit shall 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) shall be designed and detailed either as a part of the site grading and drainage plan, or on a separate iSWM Site Plan that shall 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 both provisions for funding of the Operation and Maintenance activities following construction and a sample form for the annual inspection reporting function. A Building Permit shall not be issued until the City has approved the structural storm water controls and the Water Quality Protection Plan concurrent with the site grading and drainage plan and the Landscaping Plan for the development. Rayzor Ranch Water Quality Protection Plan Page 6 of 6 Exhibit F March 23, 2007 " " . o 0 '11il"I I ..II liil\!! 0 l,'ifi Ii"~,/, '1'1' Iii:"! ('),.. Ii!!i!j rl !I1!n, il"'11 :lIi" If I' ,'ill , " " = MARKETPLACE. EXHIBIT - 1.17 c) ;;;;7106 .~'::;':'h Exhibit G = :'~l' ';: __~~~ ,~ '0 .. ~ / ~ [l----- ~ ~- , : ~ - ; , ~ ~~~ ~ i ' ~~ ,-- ~~ ~ '0,o~1 I ~ o :; ~ ~~ i ~ :=i~ II--.-U ~ 0 Il-,-, t Cj {"- i' =-\_~--B ;! t 'H ~ ;-IA~-il '" I~: ~=-s , ;;;~~ t \0.: l. ---"'i'- \-1-'\\ -{} "=2-1\\ ~-; !//~ ~==;1 ''''':'''\\-1\\-'111 ,-\\---{\~ 1-\\-1\\-1 ~-Il ~0/}--i t-~ ~-~'-f\\-_ '-/7~:II---41iJ 1-\\---+\\-1 '-!!---+lI---i \-\\-'\\-'111 (r "'-'.-' ~ lo">. , ~ ~l -----1L-n = ~ m ~ m. ,~~ ,~ I 0 ~ ~. :;:; -I m m 3: . " "j> 0.. ~.. ..:0 \ <~ m- j>3: CO!:; - -1m ~..,~ ill,. mo COn ~!:; 0- ZO ZZ mO n" -I 0 Z ~ . ~ AllegianceDevelopment eN>> omnlplan Exhibit H Page 1 From: To: Tickner" Date: Subject: "Randy Holcombe" <rholcornbe@allegiancedevelopment.net> "Linda Ratliff" <Linda.Ratliff@cityofdenton.com>, "Robert <Robert.Tickner@cityofdenton.com>, <emerson.vorel@cityofdenton.com> 1/4/2007 7:19:50 AM North Lakes Park Capital Improvements 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@rnesadesigngroup.com>, <Chris.Frysinger@kimley-horn.com>, <pjones@omniplan.com> Exhibit H Pg. 2