NOTICE OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION Tuesday, August 4, 2015 REGULAR MEETING AGENDA 6:30 PM

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NOTICE OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION Tuesday, August 4, 2015 Notice is hereby given of the Regular Meeting of the Planning & Zoning Commission beginning at 6:30 p.m. Tuesday, August 4, 2015, at Argyle Town Hall, located at 308 Denton Street, Argyle, Texas. The Items listed below are placed on the agenda for discussion and/or action. REGULAR MEETING AGENDA 6:30 PM A. CALL TO ORDER Chairman Paul Walker B. PLEDGE OF ALLEGIANCE American Flag C. PLEDGE OF ALLEGIANCE Texas Flag - Honor the Texas Flag; I pledge allegiance to thee Texas, one state, under God, one and indivisible. D. MINUTES 1. Consider approval of the minutes of the Regular Planning and Zoning Commission Meeting of July 7, 2015. E. OLD BUSINESS (None) F. NEW BUSINESS 1. Consider approval of Lot 1, Block A, Moilan Addition, a minor final plat for an 8.93 acre tract of land out of the George S. Gray Survey, Abstract No. 450, in the Town of Argyle, Denton County, Texas. The property is located at 800 E. Hickory Hill Road and is zoned A (Agricultural). Project # P-15-006 Agenda of the August 4, 2015 Planning and Zoning Commission Page 1 of 2

2. PUBLIC HEARING: This item will be tabled to the September 1, 2015 regularly scheduled Planning and Zoning Commission meeting per the request of the applicant. Consider a recommendation of a zoning change request from A (Agricultural) and SF 2.5 (Single Family 2.5 Acre Estate District) to PD SF-12 (Planned Development-Single Family Residential Minimum 12,000 Square-foot lots) for The Highlands of Argyle, a proposed 131-lot residential subdivision on 105.38 acres of land out of the Leonard White Survey, Abstract No. 1384, portions of which are legally described as Lot 1, Block A, Restless Acres; Lots 2R and 3, Block A, Vineyard Hills Subdivision Number 2; and Lots 3, 4, and 5, Block 1, Vineyard Hills Subdivision, and located on the west side of US Highway 377 and the Union Pacific Railroad, south of Old Justin Road and north of Harpole Road West, in the Town of Argyle, Denton County, Texas. Project # Z-15-002 G. FUTURE AGENDA AND ITEMS OF INTEREST 1. Briefing on recent Town Council action on Community Development agenda items. 2. Project updates. H. ADJOURNMENT CERTIFICATION: I hereby certify that the above notice was posted on the bulletin board at Argyle Town Hall, 308 Denton Street, Argyle, Texas, at 5:00 p.m. on the 31 st day of July, 2015. Matthew C. Jones, AICP Director of Community Development A quorum of the members of the Argyle Town Council may be in attendance at this meeting. The Town Council will take no action at this time. Persons with disabilities who plan to attend this public meeting and who may need auxiliary aid or services are requested to contact the Argyle Town Hall 48 hours in advance, at 940-460-7273, and reasonable accommodations will be made for assistance. Agenda of the August 4, 2015 Planning and Zoning Commission Page 2 of 2

NOTICE OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION Tuesday, August 4, 2015 Notice is hereby given of the Regular Meeting of the Planning & Zoning Commission beginning at 6:30 p.m. Tuesday, August 4, 2015, at Argyle Town Hall, located at 308 Denton Street, Argyle, Texas. The Items listed below are placed on the agenda for discussion and/or action. REGULAR MEETING AGENDA 6:30 PM A. CALL TO ORDER Chairman Paul Walker B. PLEDGE OF ALLEGIANCE American Flag C. PLEDGE OF ALLEGIANCE Texas Flag - Honor the Texas Flag; I pledge allegiance to thee Texas, one state, under God, one and indivisible. D. MINUTES 1. Consider approval of the minutes of the Regular Planning and Zoning Commission Meeting of July 7, 2015. E. OLD BUSINESS (None) F. NEW BUSINESS 1. Consider approval of Lot 1, Block A, Moilan Addition, a minor final plat for an 8.93 acre tract of land out of the George S. Gray Survey, Abstract No. 450, in the Town of Argyle, Denton County, Texas. The property is located at 800 E. Hickory Hill Road and is zoned A (Agricultural). Project # P-15-006 Agenda of the August 4, 2015 Planning and Zoning Commission Page 1 of 2 1 of 21

2. PUBLIC HEARING: This item will be tabled to the September 1, 2015 regularly scheduled Planning and Zoning Commission meeting per the request of the applicant. Consider a recommendation of a zoning change request from A (Agricultural) and SF 2.5 (Single Family 2.5 Acre Estate District) to PD SF-12 (Planned Development-Single Family Residential Minimum 12,000 Square-foot lots) for The Highlands of Argyle, a proposed 131-lot residential subdivision on 105.38 acres of land out of the Leonard White Survey, Abstract No. 1384, portions of which are legally described as Lot 1, Block A, Restless Acres; Lots 2R and 3, Block A, Vineyard Hills Subdivision Number 2; and Lots 3, 4, and 5, Block 1, Vineyard Hills Subdivision, and located on the west side of US Highway 377 and the Union Pacific Railroad, south of Old Justin Road and north of Harpole Road West, in the Town of Argyle, Denton County, Texas. Project # Z-15-002 G. FUTURE AGENDA AND ITEMS OF INTEREST 1. Briefing on recent Town Council action on Community Development agenda items. 2. Project updates. H. ADJOURNMENT CERTIFICATION: I hereby certify that the above notice was posted on the bulletin board at Argyle Town Hall, 308 Denton Street, Argyle, Texas, at 5:00 p.m. on the 31 st day of July, 2015. Matthew C. Jones, AICP Director of Community Development A quorum of the members of the Argyle Town Council may be in attendance at this meeting. The Town Council will take no action at this time. Persons with disabilities who plan to attend this public meeting and who may need auxiliary aid or services are requested to contact the Argyle Town Hall 48 hours in advance, at 940-460-7273, and reasonable accommodations will be made for assistance. Agenda of the August 4, 2015 Planning and Zoning Commission Page 2 of 2 2 of 21

MINUTES OF THE TOWN OF ARGYLE PLANNING AND ZONING COMMISSION MEETING Tuesday, July 7, 2015 A regular meeting of the Argyle Planning and Zoning Commission was held on Tuesday, July 7, 2015, at 6:30 p.m. at Argyle Town Hall, located at 308 Denton Street, Argyle, Texas. This was an OPEN MEETING, open to the public, subject to the open meeting laws of the State of Texas and, as required by law, was hereby posted on July 2, 2015 at 5:00 PM, at Argyle Town Hall, giving notice of time, date, place, and agenda thereof. PLANNING AND ZONING COMMISSION MEMBERS PRESENT: Keith Appleton Sherry Griffin Richard Kravetz Paula Mabry Jackie Thomas PLANNING AND ZONING COMMISSION MEMBERS ABSENT: Paul Walker, Chairman Jason Lillard STAFF PRESENT: Paul Frederiksen, Town Manager Dennis Sims, Consultant A. CALL TO ORDER REGULAR MEETING AGENDA The regular meeting was called to order at 6:35 p.m., noting a quorum was present. B. PLEDGE OF ALLEGIANCE American Flag C. PLEDGE OF ALLEGIANCE Texas Flag - Honor the Texas Flag; I pledge allegiance to thee Texas, one state, under God, one and indivisible. D. MINUTES 1. Consider approval of the minutes of the regular Planning and Zoning Commission meeting of June 2, 2015. Mr. Kravetz motioned, Mr. Appleton seconded to approve the minutes of June 2, 2015 as presented. The motion carried unanimously by a vote of 5-0. E. OLD BUSINESS None F. NEW BUSINESS 3 of 21

Minutes of the July 7, 2015 Argyle Planning & Zoning Commission Page 2 of 2 1. Consider and recommend approval to the Town Council of an amendment to the Parks and Trails Plan, a component of the Town of Argyle Comprehensive Plan by adding an appendix providing for an updated inventory, needs assessment and demographic information. Mr. Frederiksen and Mr. Sims made a presentation of the proposal to amend the Parks and Trail Plan. Discussion was held. Ms. Griffin motioned, Ms. Mabry seconded to recommend approval of an amendment to the Parks and Trails Plan by adding an appendix providing for an updated inventory, needs assessment and demographic information as presented. The motion carried unanimously by a vote of 5-0. Mr. Jones explained the application. Justin Wellborn explained the proposal. Ms. Griffin motioned, Ms. Mabry seconded to approve the final plat for 5T Ranch, Phase I as submitted. The motion carried unanimously by a vote of 6-0. G. FUTURE AGENDA AND ITEMS OF INTEREST 1. Briefing on recent Town Council action on Community Development agenda items. None 2. Project updates. None. H. ADJOURNMENT With no further business to attend, the meeting was adjourned meeting at 7:02 PM. APPROVED THIS THE 4 th day of August, 2015. WITNESS: Paul Walker Chairman Matthew C. Jones, AICP Director of Community Development 4 of 21

PLANNING AND ZONING COMMISSION STAFF REPORT Meeting Date: August 4, 2015 To: From: Chairman Walker and Members of the Planning and Zoning Commission Matt Jones, Director of Community Development Subject: New Business Item F-1 Minor Final Plat for Moilan Addition, Block A, Lot 1 Purpose: Consider and take appropriate action on a minor final plat for Lot 1, Block A, Moilan Addition. The request is for a final plat of previously unplatted tract of land. The subject property is located on the south side of E. Hickory Hill Rd., located at 800 E. Hickory Hill Rd., and zoned A (Agricultural District), in the Town of Argyle, Denton County, Texas. DMAC Family LTD, property owner/applicant. KAZ Surveying, surveyor. Project # P-15-006. Existing Condition of Property: The subject property has been developed with a single family home and is mostly open pasture with a few mature trees scattered throughout the property. Adjacent Existing Land Uses and Zoning: North: South: East: West: Single family residential uses zoned A (Agricultural District) Single family residential uses zoned A (Agricultural District) Single family residential uses zoned A (Agricultural District) Single family residential uses zoned A (Agricultural District) Development Review Analysis: The subject property is currently zoned A (Agricultural District). The subject property is currently unplatted although a single family residence was constructed on site in 1938 per Denton County Central Appraisal District. During the review process it came to the attention of the Development Review Committee that the proposed lot does not meet the minimum requirements of the A (Agricultural District) zoning regulations of the Town Development Standards (TDS). The minimum lot requirements for A (Agricultural District) zoning are as follows: 14.3.32-4 AREA REGULATIONS: A. Size of Lots: 1. Standard Lots: a. Minimum Lot Area - Five (5) acres. b. Minimum Lot Width - Three hundred feet (300') at the front property line.* c. Minimum Lot Depth - Three hundred feet (300'). 5 of 21

d. Average Lot Depth - Lots shall maintain an average lot depth that is not less than two (2) times the lot width as measured at the front property line. The proposed lot width (196.79 ) does not meet the minimum lot width (300 ) of the A (Agricultural District) zoning regulations, therefore, the proposed plat must be considered for approval by the Planning and Zoning Commission. The Planning and Zoning Commission may grant a variance to the minimum lot width and depth for the approval of a minor final plat. The request is for a 103.21 variance to the minimum lot width of 300. Recommendation: Town staff forwards this requests to you for consideration and appropriate action. Attachments: Site Map with zoning Aerial Photo Proposed minor final plat 6 of 21

SITE MAP WITH ZONING SITE 7 of 21

Aerial Photo Moilan Addition Final Plat (Minor) 8 of 21

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Meeting Date: August 4, 2015 PLANNING AND ZONING COMMISSION STAFF REPORT To: From: Subject: Chairman Walker and Members of the Planning and Zoning Commission Matt Jones, Director of Community Development Zoning Change from A and SF-2.5 to PD-SF-12 The Highlands of Argyle Purpose: Consider and take appropriate action on a zoning change request from A (Agricultural) and SF 2.5 (Single Family 2.5 Acre Estate District) to PD SF-12 (Planned Development-Single Family Residential Minimum 12,000 Square-foot lots) for The Highlands of Argyle, a proposed 131-lot residential subdivision on 105.38 acres of land out of the Leonard White Survey, Abstract No. 1384, portions of which are legally described as Lot 1, Block A, Restless Acres; Lots 2R and 3, Block A, Vineyard Hills Subdivision Number 2; and Lots 3, 4, and 5, Block 1, Vineyard Hills Subdivision, and located on the west side of US Highway 377 and the Union Pacific Railroad, south of Old Justin Road and north of Harpole Road West, in the Town of Argyle, Denton County, Texas. Project # Z-15-002 Existing Condition of Property: The majority of the property contains open pasture with gently rolling hills and clusters of mature trees in floodplain areas along the Graveyard Branch. Smaller clusters of mature trees are scattered throughout the acreage. A gas well pad site is situated along the east property line with an access road connecting the pad to Old Justin Road. Adjacent Existing Land Uses and Zoning: North: Single family residential uses zoned SF-1 (Single Family Residential 1-Acre Estate District) South: Single family and agricultural uses zoned A (Agricultural District) East: Residential, office and retail uses across the Union Pacific Railroad and US Hwy. 377 zoned OR (Office Retail) West: Single family and agricultural uses zoned A, SF-2.5, SF-1 and MH (Manufactured Home District) Development Review Analysis: The applicant proposes 131 single family residential lots with 36.61 acres of open space (excluding the gas well pad and access road) on a total of 105.38. Minimum lot size is 12,000 square feet. The average lot area is 14,810 square feet. Consistency with Future Land Use Plan: The subject property is designated as T3-A Railroad Transition on the Future Land Use Plan. The overall density calculations (1.24 units/acre) fall within the suitable category for the T3-A transect. The density proposed is in general compliance of the density guidelines of the Comprehensive Plan. The concept is also in general compliance with the lot size transition recommendations and the open space recommendations of the Comprehensive Plan. Tree Preservation: The applicant has provided a tree preservation plan with an aerial overlay as required by the Tree Preservation Requirements of the Town Development Standards. A detailed tree survey will be submitted with the final plat and construction plans for the development and shall meet the requirements of the tree preservation ordinance. 10 of 21

Infrastructure Adequacy: Water and sanitary sewer facilities are available at this site with access capacity. If approved, full civil construction plans for streets, drainage, water and sanitary sewer are required for submission at the time of final plat application. Drainage Analysis: Staff has reviewed the PD concept plan and has determined that compliance with all drainage requirements of the Town Developments Standards can be achieved at the time of preliminary and final plat. Design Standards: The applicant has proposed a variety of design standards as outlined in the PD Zoning narrative that exceed the minimum requirements of the Town Development Standards. Recommendation: Town staff recommends tabling the request to the September 1, 2015 Planning and Zoning Commission meeting. Attachments: Concept Plan Zoning Narrative 11 of 21

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The Highlands of Argyle Zoning Narrative 14 April 2015 Hat Creek Development, Developer Sage Group, Inc., Land Planner A: Introduction: The Highlands of Argyle will be a master-planned residential community of quality homes, surrounded by extensively landscaped open spaces, in the central portion of the Town of Argyle, Texas. The intent of this development will be to contribute to and become a part of the coveted small-town atmosphere Argyle is known for, in a location also accessible to all the economic, social and cultural advantages offered by the greater Dallas- Fort Worth area. B: Influences on Development The project is located just southwest of the Old Town area, on the west side of the two, adjacent major arteries through the central portion of the town- US Highway 377 and the Railroad. While adjacency to a major road generally provides good exposure and access, because the railroad separates the property from US-377, access is limited to the two streets crossing the rail- Old Justin Road to the north and Harpole Road to the south. Because these at grade crossings are occasionally blocked by rail traffic, we feel it is important for the mobility needs of the project- and the surrounding community- to link these perimeter roads with a north/south connector road through the project, which would serve as a link between the two roads until such a time the proposed Collector road on the Town s Thoroughfare Plan, which is west of this property, is implemented. The exposure to the views of the community from US-377, as well as from the existing roads to the north and south, is also something we felt was important to consider in our planning. So, instead of erecting perimeter walls or fences- as so many developments do, effectively turning their back on the surrounding community- we propose to front our homes toward the community, separated only by generous, landscaped open space setbacks along that perimeter. Adjacency to these major arteries also brings, of course, the influence of the activity and noise they generate. The master plan responds to this by including a large, landscaped buffer area along the eastern boundary to provide enough separation to mitigate this influence. This area will also double by serving as the most public portion of the community, with an extensive, continuous pedestrian trail along the entire length, providing the Town of Argyle with a critical link in a planned major pedestrian access trail west of the 377/ Railroad corridor. It will allow the development, as well as the neighboring properties access to the most sought-after, modern amenity in a master-planned community today- walking trails and sidewalks. 16 of 21

Although the high-activity areas to the east are an influence we knew we needed to address in our planning, so too are the existing, quiet, larger lot areas to the west (ranging from half-acre lots to multiple acre estates), and the Master Plan, with increasing lot sizes to the west, and a 40 minimum landscaped buffer strip of open space has been built into the plan, to reflect our commitment to be sensitive to those western neighbors. The property is also influenced by an existing drainage-way, flowing from the west, bisecting the site and ultimately heading to the northeast corner. We have commissioned a hydrologic study of the entire drainage area, so that we can all be assured that- during a 100 year storm, flows along this drainage will not adversely affect either the homes to be built within The Highlands of Argyle, or homes in any of the neighboring properties- upstream or downstream. C: Master Planning Concept: The Master Plan has been designed to address the widely varying exposures (highway and rail noise to the east vs. quiet residential to the west) by placing minimum 12,000 s.f. and/or minimum 15,000 s.f. lots in the southern portion of the community and fronting to the east (buffered by an open space setback and drainage-way), and then layering larger, half acre lots in the western portion of the property (north of the creek), culminating with a minimum 40 greenway buffer and trail corridor between all residential lots and the neighboring properties. D: Land Development Criteria: Density: There shall be a maximum of 131 Single-Family Residential Lots on the 105.38 acres within The Highlands of Argyle development, along with 39.96 acres of open space, resulting in an overall maximum density of 1.24 units per acre. Lot Sizes: There shall be three separate categories of lots within The Highlands of Argyle. They shall be as follows: Lot Type SF-12 PD SF-15 PD SF-20 PD Minimum Lot Area 12,000 s.f. 15,000 s.f. 20,000 s.f. Min. Average Lot Area Minimum Lot Width Minimum Lot Depth 13,500 s.f. 16,500 s.f. 22,500 s.f. 90 100 90 125 135 135 A table on the Development Standards and Fencing Plan exhibit compares these proposed PD Standards with the normal Town of Argyle Development Standards for SF-10 & SF-20. 17 of 21

Setbacks and Lot Coverage: The setbacks and lot coverage criteria for The Highlands of Argyle are as follows: Lot Type SF-12 PD SF-15 PD SF-20 PD Front Yard Setback 25 25 30 Side Yard Setback 10 10 10 Street Side Setback 15, 25 Key Lot 15, 25 Key Lot 20 Rear Yard Setback 15 15 25 Max. Lot Coverage* 45% 45% 40% *Lot Coverage defined as percentage of site within the perimeter walls of all structures. Open Space: The defining feature of The Highlands of Argyle community will be the abundance of preserved Open Space areas. Over 33% of the site will be dedicated to Open Space. All streets adjacent to the open space lots will be tree-lined, and every attempt will be made to save quality existing trees within these areas. Overall, there shall be a minimum of 1 tree for every 2,000 s.f. of open space, which totals over 760 trees. All open space areas will be fully maintained by The Highlands of Argyle Homeowners Association. Street Standards: All streets in The Highlands of Argyle will be constructed within public right of ways, of concrete and built to meet town standards. The north/south collector shall be no less than 36 wide (in a 70 ROW), and the local streets shall be no less than 30 wide (in a 50 ROW). Sidewalks and Trails: A four foot sidewalk shall be built by the homebuilder in the ROW of the adjacent street as the homes are built. A ten foot community trail shall be built by the developer where indicated on the zoning concept plan, and a 5 trail will be built elsewhere in the Open space corridors, as shown. Such trails shall be built in phases, as the development progresses. Parking: A minimum of four off-street parking spaces will be provided on each lot, typically two enclosed, two in the drive. The area adjacent to the eastern open space/ park dedication has been designed with an abundance of single loaded streets, allowing for ample on-street visitor parking. Lot Grading: All lots shall be graded to meet minimum town standards. Tree Preservation: Every attempt will be made to save as many of the existing quality trees on the site, particularly in the drainage areas. Trees at the entry and along the perimeter open space areas will be surveyed to allow for maximum preservation. Fencing: All perimeter fencing will be as shown on the Fencing Plan; all lots siding or backing to open space lots shall be fenced with a 5 high ornamental metal fence. All front yard fences, parallel to the ROW, shall also be of 5 ornamental metal. Fencing between lots shall be 6 high, stained cedar wood fence, with a cap. 18 of 21

Entryways: The primary project entries shall be from Old Justin Road and from Harpole Road. Entry monuments/ masonry walls/ fences will be built at each entry, and such entries will be fully landscaped with turf, trees, shrubbery and will be irrigated. The entry areas will be fully maintained by The Highlands of Argyle Homeowners Association. E: Minimum Exterior Construction and Design Standards: The Highlands of Argyle will meet or exceed the standards contained within the Town of Argyle Zoning Ordinance, specifically those enumerated in Section 14.3.70-2. In addition, we will require the following additional standards for all homes to be built in The Highlands of Argyle: Minimum Home Area: There shall be the following minimum standards for home sizes to be built within The Highlands of Argyle: Lot Type SF-12 PD SF-15 PD SF-20 PD Minimum Home Area 2,500 s.f. 2,750 3,000 s.f. Maximum Height: The maximum height of all homes in The Highlands of Argyle shall be two and one-half stories, or 35. Architectural Control: An Architectural Control Committee will be created by the developer and will have the authority to institute architectural standards and approve all plans prior to approval for construction. Prohibition of Building Repetition: The same building elevation and/or color palette shall not be repeated on the adjacent 4 neighboring lots and the lots across the street from those lots (up to 9 lots on each side of the street, as many as 18 total) within the same block. A change in elevation can be achieved by a combination of the use of different materials (i.e. a change in brick or stone color, or type), a varied window pattern (arched, peaked, flat, eyebrow, etc.) and/or a change to eave, roof or fenestration configuration; or a completely different elevation design and layout using similar materials. Front Elevation Articulation: A minimum of 25% of the Front Elevation of all homes shall be set back a minimum of an additional 3 feet from the normal Front Yard Setback. Exterior Materials: All homes shall be finished with a minimum of 80% masonry materials, exclusive of doors and windows. Windows: Low E vinyl windows. All front elevation windows shall be divided unless an alternative is dictated by architectural style. 19 of 21

Front Door: Minimum 8 height, decorative architectural style. Driveways and Walkups: Salt finished, brushed concrete or exposed aggregate. Garage Location & Exposure: A minimum of 2 garage spaces shall be built with each home. All garages shall either be: 1) Side loaded, 2) Rear located, front facing garages separate from the primary structure (with 5 side and rear lot line setbacks), 3) a Porte Cochere style driveway/ garage court, screened from view from the street, or 4) Three car garages where the third, front-facing garage door is located at least 20 feet behind the Front Building Setback (behind the 2, side-facing garage doors). No J-swings of regular Front-facing garages shall be allowed. Garage Doors: Wood clad, painted or stained depending on style of house. Roof Pitch: Minimum roof pitches shall be 8:12, unless architectural style dictates otherwise. No flat roofs shall be allowed. Roof Material: 30 year, high performance composite roof, or metal standing seam, or tile. Mailboxes: All mailboxes shall be uniform, and have an antique, cast iron appearance. Mechanical Equipment: All mechanical equipment, such as HVAC condensers, shall be located away from the street-side elevation. Retaining Walls: All retaining walls shall be constructed of reinforced concrete, natural stone or engineered stone. Wooden retaining walls are not permitted. Landscaping: All lots shall be fully landscaped with a combination of trees, shrubs, flowering plants and turf grass. All beds shall be mulched with natural materials, and be edged with metal, stone or brick. Each home will be required to have a minimum of two, 3-1/2 caliper shade trees planted in the front yard. An automatic irrigation system is required for all landscaped areas visible from the right-of-way, open spaces and other private properties adjacent to The Highlands of Argyle. F: Parkland Dedication: Concurrent with the platting of The Highlands of Argyle, in phases, we will dedicate a Park Site and Trail ROW/ Improvements to the Town, as illustrated on the Parkland and Trail Dedication exhibit. For each phase of the development, we propose to build, within the park area to be dedicated to the Town, a 10 concrete trail from our southern boundary along Harpole Road, to our northern boundary along Old Justin Road, generally as shown on the exhibit. In addition, an area suitable for development of a playground/ park will part of the dedicated area. The total area to be ultimate dedicated is approximately 33.32 acres. The Highlands of Argyle will also commit to maintain these areas and improvements for a period of not less than 3 years from 20 of 21

installation/ dedication, or until such time as the Town is able to assume such maintenance, whichever happens first. G. Open Space: The Highlands of Argyle will have, as its primary defining feature, an abundant amount of visible, usable and accessible Open Space, for the use and enjoyment of the residents. The total area reserved for Open Space on the site, including the proposed park dedication, is 35.14 acres, over 33% of the total property. This amount excludes 4.82 acres that is currently being used as a site for a Gas Well, and access road. Although the Gas Well is a temporary use, which will ultimately go away and be converted into additional usable open space, it is currently not accessible and therefore was not included within the Open Space area. 21 of 21