Contract - VPDF Sauls Ranch LLC - 10/13/2022 DEVELOPMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This is a DEVELOPMENT AGREEMENT(the"Agreement")by and between THE CITY
OF ROUND ROCK, TEXAS, a Texas home-rule municipal corporation (the "City") and
VPDF SAULS RANCH LLC, a Delaware limited liability company (the "Developer")
(collectively,the"Parties").
WHEREAS,the Developer owns approximately 98.31 acres of land located at 2301 Hairy
Man Road,Round Rock,Williamson County,Texas,more particularly described by metes
and bounds in Exhibit "A", attached hereto and incorporated herein by reference for all
purposes(the"Property");and
WHEREAS,the Developer is proposing a single-family residential development on said
Property (the "Saul's East Development") as generally shown on the Land Use Plan
attached hereto as Exhibit"B"("Land Use Plan"); and
WHEREAS, the Developer's Property is currently located within the City's exterritorial
jurisdiction("ETT'); and
WHEREAS, the Developer is requesting annexation of the Property in accordance with
Subchapter C-3, Chapter 43, Texas Local Government Code, and subject to and pursuant
to the terms set forth herein; and
WHEREAS, the City holds a Certificates of Convenience and Necessity ("CCN") for
water service and for sewer service issued by the Texas Commission on Environmental
Quality, or a predecessor agency, recognizing the City's right to provide retail water and
sewer service to the Property, and the City is the exclusive retail provider of water and
wastewater service to the Property; and
WHEREAS, the Parties desire to enter into this Agreement to establish certain
commitments to be imposed and made in connection with the development of the Property
and for water and wastewater service; to provide increased certainty to the City and the
Developer concerning development rights, entitlements, arrangements, and commitments,
including the obligations and duties of the Developer and the City;and to identify planned
land uses and development of the Property before and after annexation as provided in this
Agreement, as allowed by applicable law including, but not limited to Section 212.172 of
the Texas Local Government Code("Section 212.172").
NOW THEREFORE,for and in consideration of the promises and the mutual agreements
set forth herein,the City and the Developer hereby agree as follows:
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A. ANNEXATION
1. The Developer requests the City approve annexation of the Property in
accordance with Subchapter C-3,Chapter 43 of the Texas Local Government Code,subject
to the following terms and conditions:
(a) Upon execution of this Agreement, the Developer shall initiate, or
proceed, with development of the Saul's East Development. Subject to and immediately
following substantial completion and inspection of the subdivision public improvements
for the Saul's East Development and acceptance thereof by the City,but prior to any home
being conveyed to an end-user, the Developer shall submit a written request for,and seek
approval of, annexation("Annexation Petition").
(b) The Annexation Petition shall be considered by the City, and, in
connection with such annexation,the Parties shall execute a negotiated Municipal Services
Agreement("Services Agreement"). The zoning of the Property as provided in Section B
shall be incorporated into the Municipal Services Agreement pursuant to Section 43.0672
of the Texas Local Government Code.
(c) The Developer's request for annexation is expressly conditioned
upon the City Council's approval and the City's full execution of this Agreement. If Owner
fails to present to the City an Annexation Petition signed by the landowner of the Property
as provided in this Section or fails to actively support the annexation, the City may
terminate this Agreement.
B. ZONING
1. The Developer shall submit an application to request zoning of the Property
as Single-Family-Mixed Lot("SF-3 Zoning District"),consistent with this Agreement and
the Land Use Plan at the same time that Developer submits the Annexation Petition. It is
the intent of the City to zone the Property as SF-3 Zoning District. The City agrees to
consider such zoning concurrently with the request for annexation of the Property and as
incorporated into the Services Agreement, subject to the process, notices, hearings and
procedures applicable to all other properties within the City, provided that the City
Council will not take final action on the zoning application until the Property is annexed
into the city limits.
2. The City agrees that the land uses,development,and development intensity
shown on and allowed in the Land Use Plan and within this Agreement shall be allowed
for the Property post-annexation. In the event the City Council does not approve zoning
for the Property with a designation which allows the Property to be lawfully developed in
the manner the Developer intends to develop the Saul's East Development,the Developer
shall have the right to enforce any obligations of the City with remedies available under
applicable law and shall be granted approval by the City for disannexation of the Property
for failure to provide all required services set forth within the Services Agreement.
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C. APPLICABLE REGULATIONS
1. Except as modified by this Agreement, the Saul's East Development shall
be developed in compliance with the applicable provisions of the City's Code of
Ordinances(Part II and Part III)(the"City's Code") in effect at the time of the preliminary
plan application submittal("Applicable Regulations")as set forth below. To the extent the
City's Code or other zoning conflicts with this Agreement,this Agreement shall control.
2. The City acknowledges the importance to the Developer of having certainty
and predictability of development regulations while planning and implementing the Saul's
East Development. As a result,Developer has the vested authority to develop its Property
in accordance with this Agreement. The Saul's East Development project shall be deemed
vested as of March 22, 2022, the date that Developer submitted the preliminary plan
application, and such vesting shall continue throughout the term of this Agreement for the
purpose of determining the Applicable Regulations, as modified by this Agreement. The
preliminary plat application shall constitute the first application in a series of applications
and as a "permit" for purposes of vesting as contemplated in Chapter 245 of the Texas
Local Government Code solely with respect to the terms of this Agreement. To the extent
any of the Applicable Regulations are in conflict with any current or future of the City's
Code or requirements,the Applicable Regulations shall prevail. In addition to,and without
waiving the generality of the foregoing, the City acknowledges and agrees that this
Agreement constitutes a "permit" for the purposes of Chapter 245 of the Texas Local
Government Code.
D. LAND USE PLAN
The conceptual land use plan attached as Exhibit"B"and incorporated herein by reference
for all purposes, as such plan may be deemed to be updated or modified by approval of a
preliminary plat or as it may be administratively adjusted as provided in this Agreement
(the "Land Use Plan"), depicts the proposed general land uses and development of the
Property. The City hereby confirms its approval of the Land Use Plan, and specifically
approves the land uses and development of the Property as shown on the Land Use Plan
and in accordance with this Agreement, which land uses and development are hereby
expressly allowed both before and after annexation. Notwithstanding anything in the
City's Code to the contrary, the Developer shall be entitled to develop the Property in
accordance with the Applicable Regulations, the Land Use Plan, and this Agreement.
Approval of a preliminary plat that complies with the Applicable Regulations and this
Agreement shall be deemed to also be an update and modification of the Land Use Plan.
Preliminary plats and final plats that comply in all material aspects with the Land Use Plan,
Applicable Regulations, and state law shall be considered by the City in accordance with
the City's standard procedures. To the extent any provision of the City's Code would
prohibit or materially alter the land uses and development shown on the Land Use Plan,
such provision is hereby amended and modified so that the use and development of the
Property after annexation as shown on the Land Use Plan may be permitted.
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E. LAND USE REQUIREMENTS
1. Permitted Uses. The permitted, conditional, and prohibited uses and site
development regulations set forth for the SF-3 Zoning District, as modified by the Land
Use Plan and/or this Agreement, shall apply to the Property and shall be enforced by the
City. To the extent that this Agreement and/or the Land Use Plan conflicts with the City's
Code,the Land Use Plan and/or this Agreement shall control.
2. Lot Composition. The Saul's East Development shall only consist of
Standard Lots, as such lot sizes are defined in Section 2-26 of the City's Code, and as
depicted by the Land Use Plan. Notwithstanding the foregoing,the Developer reserves the
right to administratively adjust the lot composition to create a mixture of Standard Lots
and Small Lots,with the composition consisting of no more than forty percent(40%)Small
Lots. Any such adjustment to the lot sizes may be made administratively by the Developer
by revising a pending or approved preliminary plan,and no revision to the Land Use Plan
or approval by the City Council shall be required. The lot size within the Saul's East
Development shall not be impacted or regulated based on the size of any lot abutting or
adjacent to a particular lot.
3. Encroachments. Encroachment into all lot setbacks by a maximum of two
(2)feet shall be permitted for the following:eaves;roof overhangs;and minor architectural
details such as fireplaces and bay windows. This provision shall not be construed as to
supersede the International Building Code requirements.
4. Fencing. Standard non-view fencing may be used for all residential lots,
including those lots abutting public or private parkland or open space, except for any
residential lots or portion of the Property located adjacent to the Trail Easement(as defined
below). For lots adjacent to the Trail Easement, view fencing shall be provided. Any
fencing in the ultimate 1% annual chance floodplain shall be approved by the City's
Floodplain Administrator.
F. TEMPORARY USES,STRUCTURES,AND PERMITS.
1. Concurrent Review. Pre-annexation, the City acknowledges and agrees
that building permits shall not be required. Post-annexation, the City shall not limit the
number of building permits under concurrent review or issued at any point in time for the
Saul's East Development. The foregoing sentence shall apply to all homes associated with
a final plat under construction or to be constructed post-annexation of the Property,
provided that all permit applications are in compliance with this Agreement and the
Applicable Regulations.
2. Temporary Structures. Use of temporary buildings,construction trailers,
portable trailers, or temporary outdoor storage during construction, remodeling or
reconstruction is permitted on the Property prior to substantial completion and does not
require approval of the Zoning Administrator or issuance of a temporary use permit.
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3. Temporary Sales Office. The temporary sales office may be in a model
home, temporary building, or portable trailer, and shall be indicated on the site plan for
review and approval by the Zoning Administrator in accordance with minimum health,
safety and welfare codes. The temporary sales office shall be removed when one hundred
percent (100%) of the residential units in the Saul's East Development have been sold to
individual owners (or end-users),or earlier at the sole discretion of the Developer.
G. OPEN SPACE AND PARKLAND
The Developer shall dedicate a public access and recreation easement along Brushy Creek
for the Brushy Creek Trail Extension as depicted on the Land Use Plan("Trail Easement").
The City agrees to accept all parkland and open space identified on the Land Use Plan by
dedication or public easement,and such parkland or open space identified on the Land Use
Plan shall fully satisfy parkland dedication and improvement requirements in Section 4-65
of the City's Code.
H. SUBDIVISION INFRASTRUCTURE
1. Blocks Length. The length of blocks adjacent to parkland or open space
may exceed one thousand (1,000)feet at the Developer's discretion.
2. Floodplain. No structures or storage shall be placed within the limits of the
ultimate I%annual chance floodplain. View fences on a residential lot may be constructed
on the lot boundary lines located within the 1%annual chance floodplain,subject to review
and approval by the City's Floodplain Administrator. Fences may be required to be
constructed in such a manner as to avoid the damning or altering drainage flows.
I. INSPECTION AND ACCEPTANCE
1. Pre-Annexation Construction.
(a) Any home construction in the Saul's East Development commenced
pre-annexation shall be constructed in compliance with the Applicable Regulations, as
amended and modified in this Agreement, but shall not be subject to the City's inspection
or building permit review process for issuance of a certificate of occupancy. The City
agrees there shall be no limit on the number of homes under construction at one time.
(b) Construction commenced on the Property pre-annexation shall be
deemed in compliance with the City's Code and suitable for occupancy following an
inspection by a licensed, independent, third-party inspector ("Independent Inspector"),
certifying that such home construction satisfies the Applicable Regulations, as amended
and modified in this Agreement, as otherwise required and necessary for the issuance of a
building permit or certificate of occupancy. For homes passing inspection by an
Independent Inspector, the City agrees to issue certificates of occupancy after annexation
to verify that the homes have been constructed in accordance with the Applicable
Regulations and masonry requirements are satisfied.
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(c) The Independent Inspector shall issue a report to the Developer,
which shall be provided to the City within seven (7) days of receipt by the Developer,
regarding compliance with the City's Code at each of the following stages of the
construction process:
(1) Pre-Pour Inspection: Inspection of the foundations prior to
pouring to verify the foundations have been constructed in full compliance
with the foundation plans and Applicable Regulations. Foundation plans
shall be drawn by a licensed and registered Texas engineer.
(2) Framing Inspection: Inspection of structural framing to
verify the homes have been framed in compliance with engineered framing
and wind bracing designs.
(3) MEP Inspection: Inspection of the plumbing, HVAC, and
electrical systems prior to insulation of the homes to confirm compliance
with the Applicable Regulations.
(4) Energy Inspection: Blower door test for air-infiltration
along with duct blast testing for energy compliance.
(5) Final Inspection: Final inspection of all systems.
2. Post-Annexation Construction. For any construction of homes
commenced post-annexation in the Saul's East Development, the Developer shall be
required to comply with the City's inspection and building permit review process,undergo
required City inspections, and obtain the required building permits and certificates of
occupancy pursuant to the Applicable Regulations . There will be no limit to the number
of homes under construction and no limit to the number of building permits under
concurrent review.
3. Streetlights and Landscaping. Streetlights and landscaping shall not be
considered "public improvements" for the purposes of substantial completion
determination and acceptance of subdivision improvements,and,therefore,streetlights and
landscaping are not required to be installed and fully functioning prior to acceptance or
prior to issuance of building permits post-annexation. The street lighting facilities shall be
complete and operational prior to homes being occupied. A street lighting plan is not
required for submittal of the subdivision improvement construction plans. A landscape
plan is not required for submittal of the subdivision improvement construction plans except
for the area of the Saul's East Development abutting Creek Bend Boulevard.
4. Construction of Homes. Construction of homes may begin prior to
substantial completion and prior to an issuance of a certificate of acceptance from the PDS
Director subject to the terms specified herein,however,no home shall be occupied prior to
final acceptance of the public improvements.
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5. Subdivision Walls. The Developer shall complete subdivision walls on
residential lots adjacent to Creek Bend Boulevard prior to the City's issuance of a
certificate of occupancy for those lots. No other subdivision walls are required to be
complete prior to the City's issuance of a certificate of occupancy for adjacent lots.
6. Connectivity. The connectivity depicted in the Land Use Plan shall
constitute adherence with Applicable Regulations based on limitations from natural feature
and lack of stub streets or other opportunities to connect with adjacent subdivisions.
J. REVIEW AND APPROVALS
The Developer agrees to waive the thirty (30) day mandated timeline set forth in Section
212.009 of the Texas Local Government Code. The City shall cooperate with the
Developer to expeditiously process and review all zoning and development applications
related to the Saul's East Development. Review comments and determinations from the
City for any development application shall be due within ten (10) business days of
application submission and each subsequent round due within five (5) business days of
submitted responses. The City shall appoint a designated staff liaison for any development-
related matters.
K. PRAIRIE BUILDING
1. Prairie Building Construction. Development of the Property shall utilize
"Prairie Building Construction"which allows the construction of residences to begin after
recordation of the final subdivision plat and concurrently with construction of the
subdivision improvements, contingent upon (i) home construction traffic is limited to
temporary access roads, where possible, to avoid vehicular traffic on future public right-
of-way,(ii)any vehicular traffic on right-of-way will be at the Developer's risk,(iii)streets
damaged by vehicular traffic will be repaired or replaced at the Developer's expense as
directed by the City inspectors, and (iv) construction is in accordance with a Prairie Build
Plan approved by the City,which approval shall not be unreasonably,withheld conditioned
or delayed and shall be approved if such plan complies with the requirements of this
Agreement. In no event shall any home be occupied before the infrastructure is properly
constructed and fully functional, and the home is connected to code compliant water and
wastewater facilities.At all times during home construction,both post and pre-annexation,
either the Construction Roads defined herein, or the permanent public street(s), shall be
maintained and allow for adequate emergency services vehicular access to all lots under
construction. Maintenance shall mean the capability of the Construction Roads to support
the 80,000-pound Fire Apparatus Truck, and the absence of potholes or other obstructions
that inhibit emergency services vehicular access, including but not limited to,construction
debris or materials,parked vehicles, and/or substandard road grades.
2. Construction Roads and Access. The City, including without limitation
the City's Fire Department, acknowledges and agrees that the subdivision improvements
to serve the lots are not required to be substantially complete before the Developer
commences construction on the initial homes(including model homes). As set forth above,
any new home construction commenced pre-annexation shall not require a building permit
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and shall be inspected by an Independent Inspector. Notwithstanding the foregoing, the
Developer agrees that,pre-annexation,it will only commence construction of single-family
dwelling units following placement of one or more twenty foot (20') wide temporary
construction roads ("Construction Roads"). The Construction Roads shall be four inches
(4") of either crushed limestone base or railroad ballast. A letter by a registered
professional engineer stating that the road surface can support an 80,000-pound vehicle
shall be provided to the City. The Developer further agrees that, pre-annexation, vertical
construction for such homes will only be commenced following completion of operational
waterlines capable of providing the required fire flow. Adequate emergency access to the
homes being constructed shall be always maintained. Post-annexation, homes already
under construction at the time of annexation may proceed without the requirement of a
building permit and shall be inspected by the Independent Inspector. The construction of
new homes commenced post-annexation shall require normal building plan review,
building permit issuance, and building inspection.
L. ENVIRONMENTAL
1. Landscaping. Small trees shall have no minimum setback distance from
buildings or similar structures.
2. Tree Protection and Preservation. The Saul's East Development shall
comply with the City's Tree Preservation and Mitigation requirements. Notwithstanding
Section 1 above,the requirements for regulated trees shall apply only for tree species that
are on the list of eligible monarch tree species in Section 8-18 of the City's Code. A dead
tree that was previously designated a monarch tree by City Council or was considered a
protected tree at the time it was alive may be removed by a letter of determination from a
third-party arborist being field verified by the City Forester or his representative and
concurred with by the PDS Director.
3. Jurisdictional Water Ways. The City shall assist, upon request,with the
processing, approval, and authorization of any additional local permits related to the
allowance of crossings under Nationwide Permit 14("NP 14"). The City further agrees to
avoid any actions which may cause a delay in the review and issuance of a permit related
to NP 14.
M. SERVICE COMMITMENT
Subject to the payment of all applicable fees and charges, City agrees to provide retail
water and wastewater service to the Property, and to customers within the Property, in a
quantity sufficient to serve all development within the Property as it progresses up to full
build out, in accordance with the Land Use Plan attached to this Agreement. City shall
provide service to customers within the Property in the same manner as it currently serves
other in-City customers of the same customer class and in accordance with its standard
rules, policies, Applicable Regulations, and regulations of the State of Texas. The City
further agrees to release and issue water meters upon request by the Developer immediately
following payment of all associated fees pertaining to the water meter. Notwithstanding
the foregoing, the City's obligation to serve the Property is expressly contingent on
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Developer's compliance with its obligations under this Agreement and construction of the
infrastructure necessary to adequately serve the Property. Except as otherwise agreed,
Developer shall not be required to oversize facilities or otherwise fund or construct
facilities with capacity greater than required for service to the Property. Notwithstanding
anything in this Agreement to the contrary, in the event of any disannexation of the
Property, the City obligations to provide water and wastewater service to the Property as
provided in this Section M,shall continue to apply and shall continue to remain in full force
and effect,and the City shall provide continuous and adequate retail water and wastewater
services to and within the Property in accordance with this Agreement regardless of
whether the Property is removed from any CCN held by the City.
N. CODE MODIFICATIONS
In addition to the modifications set forth in the foregoing provisions of this Agreement,the
modifications to the City's Code in the attached Exhibit"C","Code Variance Table,"shall
apply to the Saul's East Development in lieu of otherwise applicable City regulations and
City's Code requirements as allowed by Section 212.172(b)(3) and (8) and Section
43.0751(f)(8) of the Texas Local Government Code. Said attached Code Variance Table
shall be incorporated herein by reference for all purposes.
O. MISCELLANEOUS PROVISIONS
1. Actions Performable. The City and the Developer agree that all actions to
be performed under this Agreement are performable in Williamson County,Texas.
2. Governing Law. The City and the Developer agree that this Agreement
has been made under the laws of the State of Texas in effect on this date, and that any
interpretation of this Agreement at a future date shall be made under the laws of the State
of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal
by any court or administrative agency having jurisdiction, the entire Agreement shall not
be void; but the remaining provisions shall continue in effect as nearly as possible in
accordance with the original intent of the Parties.
4. Complete Agreement. This Agreement represents a complete agreement
of the parties and supersedes all prior written and oral matters related to this agreement.
Any amendment to this Agreement must be in writing and signed by all Parties. This
Agreement runs with the land and shall bind the Properties for a term of ten (10) years,
unless amended by the Parties.
5. Notice. All notices, requests or other communications required or
permitted by this Agreement shall be in writing and shall be sent by(i)telecopy, with the
original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery,
or(iii)certified mail,postage prepaid,return receipt requested,and addressed to the Parties
at the following addresses:
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City of Round Rock
City Manager
221 East Main Street
Round Rock,Texas 78664
Developer
VPDR Sauls Ranch LLC
901 Marquette Avenue South, Suite 3300
Minneapolis,Minnesota 55402
With copy to:
Milestone Community Builders,LLC
2100 Northland Drive
Austin,Texas78756
6. Default and Remedies. A Party shall be deemed in default under this
Agreement if such Party fails to materially perform, observe or comply with any of its
covenants, agreements or obligations hereunder or breaches or violates any of its
representations contained in this Agreement, subject to the notice and cure provisions.
Before any failure of any Party to perform its obligations under this Agreement shall be
deemed to be a default of this Agreement, the Party claiming such failure shall notify, in
writing,the Parry alleged to have failed to perform of the alleged failure and shall demand
performance.No default of this Agreement may be found to have occurred if performance
has commenced to the reasonable satisfaction of the complaining Party within thirty (30)
days of the receipt of such notice, and the Party shall be given a reasonable time to cure
the alleged failure (such reasonable time determined based on the nature of the alleged
failure, but in no event less than thirty (30) days after written notice of the alleged failure
has been given). If the City defaults under this Agreement and fails to cure the default
within the applicable period, Developer may, at its sole election, (i) terminate this
Agreement and be relieved from any and all obligations under this Agreement, in which
event the City shall be obligated to disannex the Property,(ii) if the City fails to initiate the
zoning process as contemplated in the Agreement pursuant to its zoning discretion,
Developer may seek disannexation for failure of the City to provide municipal services
pursuant to the negotiated Services Agreement, (iii) enforce the Agreement by seeking
specific performance and/or a writ of mandamus from a Williamson County District Court,
as available under applicable law, and/or(iv)seek any and all other remedies available at
law or in equity including,without limitation,those remedies set forth in Section 212.172
of the Texas Local Government Code. Notwithstanding anything in this Agreement to the
contrary, in the event of any disannexation of the Property, the City not be relieved of its
obligations to provide water and wastewater service as provided in Section M, the City
obligations to provide such service to the Property shall continue to apply and shall
continue to remain in full force and effect,and the City shall fully and continually provide
such service to the Property based on the Property being located within he CCN..
Developer's foregoing remedies for a default by the City are cumulative. If the Developer
defaults and fails to commence the cure of an alleged default, City may seek injunctive
relief from a court of proper jurisdiction and/or terminate this Agreement. If either Party
defaults, the prevailing Party in the dispute will be entitled to recover from the non-
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prevailing Party its reasonable attorney's fees,expenses and court costs in connection with
any original action, any appeals, and any post judgment proceedings to collect or enforce
a judgment.
7. Force Maieure. Owner and the City agree that the obligations of each
Party shall be subject to force majeure events such as natural calamity, fire or strike or
inclement weather.
8. Time of the Essence. Time is of the essence of this Agreement. In
computing the number of days for purposes of this Agreement, all days will be counted,
including Saturdays, Sundays and legal holidays; however, if the final day of any time
period falls on a Saturday, Sunday or legal holiday,then the final day will be deemed to be
the next day that is not a Saturday, Sunday or legal holiday.
9. Continuity. This Agreement shall run with the Properties and be binding
on all successors and grantees of Owner.
10. Signature Warranty Clause. The signatories to this Agreement represent
and warrant that they have the authority to execute this Agreement on behalf of the City
and Owner, respectively.
11. Counterparts. This Agreement may be executed simultaneously in one or
more counterparts (including, without limitation, counterparts transmitted by facsimile or
other electronic means (e.g., .PDF via email)), each of which shall be deemed to be an
original,and all of which together shall constitute one and the same instrument.
(signatures on following pages)
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SIGNED as of this-day of 00TDRPR , 2022 ("Effective Date").
CIT OF ROUND RK,TEXAS
O
CRAIG M GAN, yor
City of Rou d Rock, exas
ATTEST:
MEAGAN SP KS, City lerk
ACKNOWLEDGEMENT
THE STATE OF TEXAS }
COUNTY OF WILLIAMSON)
This instrument was acknowledged before me on the ff day of.4C ,2022,
by Craig Morgan, as Mayor and on behalf of the City of Round Rock, Texas.
0
���`\\0Q1Y
Notary Public, State df Texas
i S
5
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VPDF Sauls Ranch LLC,a Delaware limited
liability company
13y:
Its: nders Go-Te—Authorized Signatory
ACKNOWLEDGEMENT
THE STATE OF MINNESOTA }
COUNTY OF MokH }
This instrument was acknowledged before me on the ZZ~� day of September, 2022,
by Anders Gode (Name), Authorized Signatory (Title) on behalf of VPDF Sauls
Ranch LLC, a Delaware limited liability company.
Notarf Public, State of Minnesota
=YP
rd°SOTAl3f/2023
After recording, return this document to:
Attn: Stephanie Sandre
Sheets & Crossfield, PLLC
309 East Main
Round Rock, Texas 78664
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EXHIBIT A
DESCRIPTION OF PROPERTY
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Exhibit "A"
Legal Description of the Saul's East Development Kimley-Horn and Associates, Inc.
TBPLS Firm No. 10193973
601 NW Loop 410, Suite 350
San Antonio,Texas 78216
A METES AND BOUNDS
DESCRIPTION OF A
98.310 ACRE TRACT OF LAND
BEING a 98.310 acre(4,282,368 square feet)tract of land situated in the David Curry Survey,Abstract
No.130, and the Elisha McDaniel Survey,Abstract 441, City of Round Rock E.T.J.,Williamson County,
Texas; and being a portion of that certain Third Tract called 34 acres out of the D Curry Survey, and 163
acres out of the E McDaniel's Survey, as described in instrument to Clarence Lorenza Sauls and
recorded in Volume 608, Page 936 (originally described in Vol.382, Pg.179)of the Deed Records of
Williamson County;
BEGINNING at a 518-inch iron rod with an aluminum cap stamped"CORR-ROW'found marking the
southwest corner of that certain 5.331 acre tract described in instrument to The City of Round Rock for
street right-of-way extension and expansion of Creek Bend Blvd. (variable width public right-of-way);and
marking the western-most northwest corner of the herein described tract;
THENCE, along the southeasterly line of said Creek Bend Blvd.the following seven (7)courses and
distances:
1. in a northeasterly direction along a non-tangent curve to the left, having a radius of 1075.00 feet,
a chord North 5901028"East, 199.06 feet, a central angle of 10037'29",and an arc length of
199.35 feet to a 518-inch iron rod found for corner;
2. North 45°39'45"East, 107.42 feet to a 112-inch iron rod found for corner;
3. in a northeasterly direction along a non-tangent curve to the left, having a radius of 1065.00 feet,
a chord North 46°59'22"East,42.49 feet, a central angle of 0201710",and an arc length of 42.49
feet to a 112-inch iron rod found for corner;
4. North 45050'47"East, 1010.10 feet to a 518-inch iron rod with an aluminum cap stamped"CORR-
ROW"found for corner;
5. South 44°09'13"East, 5.00 feet to a 518-inch iron rod with an aluminum cap stamped"CORR-
ROW'found for corner;
6. North 45°50'47"East,431.04 feet to a 112-inch iron rod with plastic cap stamped"KHA"set for a
point of curvature;
7. in a northeasterly direction along a tangent curve to the left, having a radius of 1070.00 feet, a
chord of North 4303512"East,84.38 feet,a central angle of 04°31'10",and an arc length of 84.40
feet to point for corner at the approximately centerline of Brushy Creek, and on the southerly
boundary of that certain 5.985 acre tract described in instrument to Jorge L. Gonzales, recorded
in Document No. 2006030815 of the Official Public Records of Williamson County,
THENCE,along the approximate centerline of said Brushy Creek,the southerly boundary of the said
5.985 acre tract, and the southerly and southwesterly boundaries of the following tracts:6.721 acres to in
Document No.2019099879; 5.968 acres in Document No.2019099879;4.23 acres in Volume 629, Page
120;4.228 acres in Document No.2008070783;4.2366 acres(Lot 1, Koshy Subdivision, Document No.
2015043177); all described in instruments recorded in the Official Public Records of Williamson County,
the following fourteen (14)courses and distances:
1. South 78012'53"East, 221.47 feet to a calculated point for corner;
2. South 89012'28"East, 178.17 feet to a calculated point for corner;
3. North 76048'02"East,252.59 feet to a calculated point for corner;
4. North 83028'17"East, 115.69 feet to a calculated point for corner;
5. North 60053'17"East, 35.46 feet to a calculated point for corner;
6. North 66052'16"East,62.48 feet to a calculated point for corner;
7. North 62°46'02"East, 236.27 feet to a calculated point for corner;
8. North 79036'32"East, 215.00 feet to a calculated point for corner;
9. South 87009'45" East, 97.70 feet to a calculated point for corner;
10. South 66010'35" East,228.00 feet to a calculated point for corner;
Sauls Ranch East-98.310 acres
Job No.069255405-January 20,2022-Page 1 of 3
Kimley-Horn and Associates, Inc.
TBPLS Firm No. 10193973
601 NW Loop 410, Suite 350
San Antonio,Texas 78216
11. South 65052'59"East, 260.77 feet to a calculated point for corner; said point for corner bears
North 25059'59" East,45.32 feet to a witness corner found on the common line of said 4.23 acre
and 4.228 acre tracts;
12. South 66°06'15"East; at 126.80 feet passing an X-chiseled in a large boulder located 0.8'to the
right; continuing for a total distance of 259.43 feet to a calculated point for corner;
13. South 65°51'27"East, 89.35 feet to a calculated point for corner;
14. South 59°20'27"East, 170.97 feet to a calculated point for corner; said point for corner bears
North 12059'13"East,25.53 feet to a witness corner found on the easterly line of said Lot 1;
THENCE,continuing along the approximate centerline of said Brushy Creek, and the southwesterly
boundary of Lot 14 of the Resubdivision of Oak Springs, plat of which is recorded in Cabinet H, Slide 24
of the Plat Records of Williamson County,the following three(3)courses and distances:
1. South 59020'53" East,418.69 feet to a calculated point for corner;
2. South 53018'26" East, 362.03 feet to a calculated point for corner;
3. South 36°42'26" East, 187.03 feet to a calculated point for corner on the northwesterly boundary
of that certain 1.81 acre tract described in instrument to Mary Frances Rutledge, recorded in
Volume 1998, Page 688 of the Official Public Records of Williamson County;
THENCE, South 28007'30"West, 6.04 feet along boundary of the said 1.81 acre tract to a calculated point
for corner,
THENCE, South 43029'30"East, 28.30 feet continuing along boundary of the said 1.81 acre tract to a
calculated point for corner,
THENCE, South 67008'01"West, 16.56 feet along the boundary of Lot 2, Block A of the Final Plat of
Freedom Church Subdivision, recorded in Document No. 2021096891 of the Official Public Records of
Williamson County,to a calculated point for corner; said point for corner bears North 67°08'01"East,
73.79 feet to a witness corner found on the northwesterly line of said Lot 2, Block A;
THENCE, South 37°05'03"East, 503.90 feet, along the southwesterly boundary of said Lot 2, Block A to
a calculated point for corner, and marking the southeast corner of the herein described tract;
THENCE, along the northwesterly boundary of The Oaklands Section One-B, plat of which is recorded in
Cabinet G, Slide 173 of the Plat Records of Williamson County,the following three(3)courses and
distances:
1. South 69°41'51"West;at 239.87 feet passing a 1/2-inch iron rod found marking the common
north corner of Lot 85 and a Park Lot in Block B; continuing for a total distance of 772.44 feet to a
1/2-iron rod with plastic cap stamped"KHA"set for comer
2. South 68°05'40"West, 350.55 feet to a 1/2-iron rod found for corner;
3. South 68014'14"West,47.25 feet to a 1/2-iron rod with plastic cap stamped"KHA"set marking
the southeast corner of Lot 22, Block N of Oakcreek Subdivision Section One, plat of which is
recorded in Cabinet H, Slide 218 of the Plat Records of Williamson County;
THENCE,along the boundary of said Oakcreek Section One the following five(5)courses and distances:
1. North 21028'30"West, 54.42 feet to a 1/2-iron rod with plastic cap stamped"KHA"set for a point
of curvature;
2. in a northwesterly direction along a tangent curve to the left, having a radius of 470.00 feet,a
chord of North 55°14'15"West, 522.41 feet,a central angle of 67031'30"; at an arc length of
413.98 passing a 1/2-inch iron rod found marking the common north corner of Lots 16 and 17 of
Block N; continuing for a total arc length of 553.91 feet to a 1/2-iron rod with plastic cap stamped
"KHA"set for corner;
3. North 21°32'56"West,656.52 feet to a 1/2-iron rod found marking the northwest corner of Lot 37,
Block N, and marking an interior corner of the herein described tract;
Sauls Ranch East-98.310 acres
Job No.069255405-January 20,2022-Page 2 of 3
Kimley-Horn and Associates, Inc.
TBPLS Firm No. 10193973
601 NW Loop 410, Suite 350
San Antonio,Texas 78216
4. South 76°13'09"West, 1619.55 feet to a 1/2-iron rod with plastic cap stamped"KHA"set marking
the north exterior corner of Lot 14, Block B;
5. South 40°15'22"West,246.63 feet to a 1/2-iron rod found marking the north corner of Lot 10,
Block B, and the northeast comer of Oakcreek Subdivision Section Two, plat of which is recorded
in Cabinet H, Slide 246 of the Plat Records of Williamson County;
THENCE, South 68°28'39"West, 1126.97 feet along the northwesterly boundary of said Oakcreek
Section Two to a 1/2-iron rod found marking the northwest corner of a lot called Arterial 2 on said Section
Two,and on the westerly boundary of Lot 1, Block B of the aforesaid Final Plat of Fern Bluff Community,
and marking the southeast corner of the herein described tract;
THENCE, North 20°25'12"West,439.25 feet along said Lot 1, Block B to a POINT OF BEGINNING, and
containing 98.310 acres of land in Williamson County,Texas.The basis of this description is the Texas
State Plane Coordinate System, Central Zone(FIPS 4203)(NAD'83).All distances are on the Surface
and shown in U.S. Survey Feet.The Combined Surface to Grid Scale Factor is 0.9998840558.This
description was generated on 1/20/2022 at 12:08 PM, based on geometry in the drawing file
K:\SNA-Survey\069255405-SAULS RANCH EASTIDwg\SaulsRanchEast-Base-SF.dwg, in the office of
Kimely-Horn and Associates in San Antonio, Texas.
Sauls Ranch East—98.310 acres
Job No.069255405—January 20,2022-Page 3 of 3
EXHIBIT B
LAND.,USE PLAN:
15
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PRELIMINARY PLAT SITE DATA TABLES Kimley»)Horn
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EXHIBIT C
CODE VARIANCE TABLE
16
EXHIBIT"C"
CODE VARIANCE TABLE
Saul's East
City Code Reference Code Verbiage Proposed
Sec.2-16(c)(3) Where SF-3 lots are subdivided abutting existing homes on lots 10,000 sq.ft. Not applicable
SF-3 District— and over,the SF-3 lots that immediately abut the large lots shall be a
Compatibility Standards minimum of 10,000 sq.ft.
Sec.2-16(c)(4) Except as provided below,each new subdivision with SF-3 zoning shall meet Not applicable.
SF-3 District—Lot the following lot size composition:(a)Estate lots shall compose no less than Project will consist of standard lots only;however,Developer may
Composition 40%of the total number of residential lots.(b)Standard lots shall compose no opt to create a mixture of standard and small lots.Lot size
less than 30%of the total number of residential lots.(c)Small lots shall composition will be In accordance with the Land Use Plan.
compose no more than 30%of the total number of residential lots.(d)A
subdivision may vary from the lot size composition outlined above,so long
as...
Sec.2-26(d) In the SF-R,SF-1,SF-2 and SF-3 districts,limited encroachment into the front In the SF-R,SF-1,SF-2 and SF-3 districts,limited encroachment
Residential Lot and and rear setbacks by a maximum of two(2)feet shall be permitted for the into the 40M aAdFea setbacks by a maximum of two(2)feet
Building Dimensional following:eaves;roof overhangs;and minor architectural details such as shall be permitted for the following:eaves;roof overhangs;and
Standards—Permitted fireplaces and bay windows. minor architectural details such as fireplaces and bay windows.
Limited Encroachments
Sec.2-92(c)(3) If a model home is used as a temporary sales office,the sales office shall be If a model home is used as a temporary sales office,the sales
Temporary Uses, removed when certificates of occupancy have been issued to 90 percent of office shall be removed when 100%of the residential units have
Structures,and Permits the associated residential units. been sold to Individual owners(or end-users),or earlier solely at
—Use of Model Home as the discretion of the Developer.
Temporary Sales Office
Sec.2-92(c)(5) Temporary sales offices shall only be located in model homes. Temporary sales offices located in model homes,temporary
Temporary Uses, buildings,or portable trailer,and shall be indicated on the site
Structures,and Permits plan for review and approval by zoning administrator.
—Use of Model Home as
Temporary Sales Office
Sec.2-92(c)(5) The following regulations shall apply to the use of temporary buildings or Use of temporary buildings,construction trailers,portable
Temporary Uses, temporary outdoor storage during expansions,remodeling or trailers,or temporary outdoor storage during construction,
Structures,and Permits reconstruction... remodeling or reconstruction is permitted on the Property prior
—Use of Temporary to substantial completion and does not required issuance of a
Buildings or Temporary temporary use permit.
Outdoor Storage
1
EXHIBIT"C"
CODE VARIANCE TABLE
Sec.4-30(c)(4) Prior to the city's acceptance of the public improvements,the developer must Prior to the city's issuance of a Certificate of Occupancy,the
Subdivision Walls complete all walls required herein. developer must complete all walls along Creek Bend Blvd.
required herein.
Sec.4-47(c)(1) The block length shall not exceed 1,000 feet without approval of the Planning The block length shall not exceed 1,000 feet without approval of
Blocks and Zoning Commission.The city encourages block lengths to be limited to the Planning and Zoning Commission,except for residential
600 feet,but the length may be varied according to circulation,topography, blocks located adjacent to parkland or open space which shall
and provisions of the General Plan. not be limited.The city encourages block lengths to be limited to
600 feet,but the length may be varied according to circulation,
topography,and provisions of the General Plan.
Sec.4-65 General standards and Improvements Required Satisfied.
Standards for Porkland City accepts all parkland and open space identified on the Land
Dedication Use Plan for dedication or public easement. All Parkland
requirements under this section will be deemed satisfied or
waived.
Sec.4-88(b) The final plat of any proposed addition or subdivision showing the limits of Satisfied
Subdivision and Addition the ultimate 1%annual chance floodplain shall contain the following plat Allfences within the ultimate 1%annual chance floodplain shall
Plats note:"No fences,structures,storage or fill shall be placed within the limits of be view fences.Fences may be required to be constructed In such
the ultimate 1%annual chance floodplain unless approved in accordance with a way to avoid restricting water flow that may cause drainage
city ordinances." issues as determined by the project engineer and City Floodplain
Administrator. Fill is allowed to be placed in the 1%annual
chance floodplain upon the processing and approval of a Letter of
Map Revision-Based on Fill(LOMB-F)application with the Federal
Emergency Management Agency.
Sec.4-99(a)(2) Upon completion of the public improvements,the developer shall arrange Upon completion of the public improvements,the developer shall
Inspection and with the PDS director for a final inspection to determine that the public arrange with the PDS director for a final inspection to determine
Acceptance—Entry and Improvements have been installed and in conformity with the accepted that the public improvements have been installed and In
Inspection subdivision improvement construction plans.The developer shall pay all conformity with the accepted subdivision Improvement
necessary inspection fees prior to the acceptance of the public improvements construction plans.The street lighting facilities are not required
by the city. to be operational at the time of final inspection.The developer
shall pay all necessary inspection fees prior to the acceptance of
the public improvements by the city.
2
EXHIBIT"C"
CODE VARIANCE TABLE
Sec.4-99(b) if the developer wishes to start construction of homes before a Certificate of 9-the Developer wishes to may stan eeFlstFuLMOR begin to pour
Inspection and acceptance is issued by the PDS director,the developer must request a foundations of homes before a Certificate of acceptance is issued
Acceptance— Certificate of Substantial Completion.The PDS director may issue a Certificate by the PDS director,after placement of temporary construction
Substantial Completion of Substantial Completion if he/she determines that the public improvements roads with surface capability of supporting 80,000 pound
are substantially complete so that it is safe to issue permits for initial homes vehicle.Developer may then begin vertical construction of
pursuant to Sec.8-109. homes after fire department acceptance of paving and fire flow.
Sec.6-11(a)(1) The purpose of a local street is to provide lot street frontage and carry traffic The purpose of a local street is to provide lot street frontage and
Streets—Local Streets to a higher classification street.Local streets are divided into three carry traffic to a higher classification street.Local streets are
subcategories:Local-residential,local-nonresidential or local-rural.Unless divided into three subcategories:Local-residential,local-
approved by the transportation director,a local street shall not connect to nonresidential or local-rural.A local street may connect directly
two separate higher classification streets or connect directly to arterial to arterial streets.Local streets may be designated as private
streets.Local streets may be designated as private streets. streets.
Sec.6-12(a) With the submittal of a preliminary plat for a new single-family or two-family With the submittal of a preliminary plat for a new single-family or
Connectivity— subdivision,a connectivity index shall be included and calculated for the road two-family subdivision,a connectivity index shall be Included and
Connectivity Index network in the subdivision.The roadway connectivity index shall be a calculated for the road network in the subdivision.Based on
minimum of 1.35,however additional pedestrian links shall be provided to limitations from natural features and lack of stub streets or
increase the overall connectivity index to a minimum of 1.40.Subdivisions other opportunities to connect with adjacent subdivisions,the
with a roadway connectivity index of 1.40 or greater shall not be required to connectivity depicted in the Concept Plan and provided by the
provide additional pedestrian links. Land Use Plan shall constitute adherence with Applicable
Regulations.
Sec.6-12(d) A subdivision may have a roadway connectivity index of less than 1.35, Acknowledge and accept the Land Use Plan as in adherence with
Connectivity provide fewer connections to public roads,or provide fewer stub streets than these requirements based on limitations due to natural features
required by the above where specific features or constraints of the land being and adjacent subdivisions which do not provide stub streets or
subdivided make strict compliance impossible or impractical.Such features other opportunities to connect
include the following:(1)Natural features such as bodies of water,severe
elevation changes,karst features,or monarch trees;...(4)Adjacent
subdivisions which do not provide stub streets or other opportunities to
connect to the proposed subdivision;...
3
EXHIBIT"C
CODE VARIANCE TABLE
Sec.6-17(b) An illumination plan for all streets within the plat shall be filed with the An illumination plan for all streets within the plat shall be filed
Street Lighting— construction plans.The plan shall show the proposed location of the street with the construction plans.The plan shall show the proposed
Illumination Plan lights and any electrical facilities within the street right-of-way or public utility location of the street lights and any electrical facilities within
the
easements.The street lighting facilities shall be complete and operational street right-of-way or public utility easements.The street lighting
prior to acceptance of the public improvements.The illumination plan is facilities shall be complete and operational prior to homes
subject to the approval of the PDS director. becoming occupied.The illumination plan is subject to the
approval of the PDS director.
Sec.8-10(d)(1) Landscape requirements identified in this section and in the format specified Landscape requirements identified in this section and in the
Landscaping— by the development packet necessary to obtain a standard site plan approval format specified by the development packet necessary to obtain
Landscape Plans— shall be depicted on a landscape plan.This landscape plan shall be signed and a standard site plan approval SW may be depicted on a
Standard Site Plan sealed by a landscape architect. landscape plan.This landscape plan shall be signed and sealed by
a landscape architect.Landscape plan Is not required for the
subdivision improvement construction plans except for areas
abutting Creek Bend Blvd.
Sec.8-19(a) A dead tree is not considered a protected tree and is not subject to the tree A dead tree is not considered a protected tree and is not subject
Tree Removal Process removal permit requirements set forth in this section.The process for to the tree removal permit requirements set forth In this section.
removal of a dead tree that was previously designated a monarch tree by city A dead tree that was previously
council or was considered a protected tree at the time it was alive,is as designated a monarch tree by city council or was considered a
follows:... protected tree at the time it was alive may be removed with a
letter of determination from a third party arborist after being
field verified by the City Forester or his representative and
concurred with by the Director of Planning.
Sec.8-35(a)(3) View fencing shall be required for SF-3,TH,MF-1,MF-2,MF-3,MU-R and MU- Not applicable.
Lot Fences—Standards G districts when the property abuts a:(a)hike and bike trail corridor from the Standard non-view fencing can be used for all fences an
City of Round Rock Trail Master Plan;or a(b)public park. residential lots,except adjacent to the Trall Easement or within
the FEMA 100-Year floodplain.
Sec.8-109(b) Building permit(s)for up to twenty-six Initial Homes per Final Plat,or up to 50 Building permit(s) ,
Conditions for Issuance percent of the homes in a Final Plat containing fewer than twenty-six homes,
of Building Permits for may be issued when the following conditions have been met:(1)All than twenty sox hemes7 may be issued when the following
Residential Construction applicable permits have been issued;(2)The developer has been issued a conditions have been met:(1)All applicable permits have been
in New Subdivisions— Certificate of Substantial Completion for the Final Plat in accordance with Sec. issued;(2)The developer has been issued a Certificate of
Initial Homes 4-99;(3)Staff review has been completed;and(4)All necessary fees have Substantial Completion for the Final Plat in accordance with Sec.
been paid. 4-99;(3)Staff review has been completed;and(4)All necessary
fees have been paid.
4
EXHIBIT"C"
CODE VARIANCE TABLE
Transportation Criteria Driveway spacing shall conform to the dimensions shown in Tables 5-1 and 5- Minimum distance from a cross street to an adjacent driveway
Manual 2.The minimum distance from a cross street to an adjacent driveway shall be shall not apply.
Section 5.3(K) fifty feet(50')for residential,one hundred feet(100')for local,two hundred
Driveway Design Criteria feet(200')for collector and two hundred fifty feet(250')for arterial,
measured from the curb line of the cross street to the edge of the nearest
driveway,measured at the property line.
Tree Technical Manual Minimum distance from buildings and similar structures: Small trees shall have no minimum setback distance from
Section 3.4.2 Small size tree:10 ft. buildings or similar structures.
Planting Distance/
Spacing Requirements
Buildinit Permit Review Process
There will be no limit to the number of building permits under concurrent review,provided all permits applications are certified by an independent 3►d party
verifying that City masonry requirements are met,and buildings are built per City approved plans.
5
EXHIBIT"C"
CODE VARIANCE TABLE
Sec.6-17(b) An illumination plan for all streets within the plat shall be filed with the An illumination plan for all streets within the plat shall be filed
Street Lighting— construction plans.The plan shall show the proposed location of the street with the construction plans.The plan shall show the proposed
illumination Plan lights and any electrical facilities within the street right-of-way or public utility location of the street lights and any electrical facilities within
the
easements.The street lighting facilities shall be complete and operational street right-of-way or public utility easements.The street lighting
prior to acceptance of the public improvements.The illumination plan is facilities shall be complete and operational prior to homes
subject to the approval of the PDS director. becoming occupied.The illumination plan is subject to the
approval of the PDS director.
Sec.8-10(d)(1) Landscape requirements identified in this section and in the format specified Landscape requirements identified in this section and in the
Landscaping— by the development packet necessary to obtain a standard site plan approval format specified by the development packet necessary to obtain
Landscape Plans— shall be depicted on a landscape plan.This landscape plan shall be signed and a standard site plan approval shall•may be depicted on a
Standard Site Plan sealed by a landscape architect. landscape plan.This landscape plan shall be signed and sealed by
a landscape architect.landscape plan is not required for the
subdivision improvement construction plans except for areas
abutting Creek Bend Blvd.
Sec.8-19(a) A dead tree is not considered a protected tree and is not subject to the tree A dead tree is not considered a protected tree and is not subject
Tree Removal Process removal permit requirements set forth in this section.The process for to the tree removal permit requirements set forth in this section.
removal of a dead tree that was previously designated a monarch tree by city A dead tree that was previously
council or was considered a protected tree at the time it was alive,is as designated a monarch tree by city council or was considered a
follows:... protected tree at the time it was alive may be removed with a
letter of determination from a third-party arborist after being
field verified by the City Forester or his representative and
concurred with by the Director of Planning.
Sec.8-35(a)(3) View fencing shall be required for SF-3,TH,MF-1, MF-2,MF-3,MU-R and MU- Not applicable.
Lot Fences—Standards G districts when the property abuts a:(a)hike and bike trail corridor from the Standard non-view fencing can be used for all fences on
City of Round Rock Trail Master Plan;or a(b)public park. residential lots,except adjacent to the Trail Easement or within
the FEMA 100-Year floodplain.
Sec.8-109(b) Building permit(s)for up to twenty-six Initial Homes per Final Plat,or up to 50 Building permit(s) ,
Conditions for Issuance percent of the homes in a Final Plat containing fewer than twenty-six homes,
of Building Permits for may be issued when the following conditions have been met:(1)All than twenty six hemes-,may be issued when the following
Residential Construction applicable permits have been issued;(2)The developer has been issued a conditions have been met:(1)All applicable permits have been
in New Subdivisions— Certificate of Substantial Completion for the Final Plat in accordance with Sec. issued;(2)The developer has been issued a Certificate of
Initial Homes 4-99;(3)Staff review has been completed;and(4)All necessary fees have Substantial Completion for the Final Plat in accordance with Sec.
been paid. 4-99;(3)Staff review has been completed;and(4)All necessary
fees have been paid.
4
EXHIBIT"C"
CODE VARIANCE TABLE
Transportation Criteria Driveway spacing shall conform to the dimensions shown in Tables 5-1 and 5- Minimum distance from a cross street to an adjacent driveway
Manual 2.The minimum distance from a cross street to an adjacent driveway shall be shall not apply.
Section 5.3(K) fifty feet(50')for residential,one hundred feet(100')for local,two hundred
Driveway Design Criteria feet(200')for collector and two hundred fifty feet(250')for arterial,
measured from the curb line of the cross street to the edge of the nearest
driveway,measured at the property line.
Tree Technical Manual Minimum distance from buildings and similar structures: Small trees shall have no minimum setback distance from
Section 3.4.2 Small size tree:10 ft. buildings or similar structures.
Planting Distance/
Spacing Requirements
Building Permit Review Process
There will be no limit to the number of building permits under concurrent review, provided all permits applications are certified by an independent 3rd party
verifying that City masonry requirements are met,and buildings are built per City approved plans.
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