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R-2023-220 - 7/27/2023RESOLUTION NO. R-2023-220 WHEREAS, QT South, LLC is the owner of record of the property located near the intersection of US 79 and CR 110, as shown on Exhibit "A," ("Property"); and WHEREAS, the Property is not located within the corporate limits of the City of Round Rock ("City"); and WHEREAS, QT South, LLC wishes to develop a convenience store and multi -family units on the Property ("Project"); and WHEREAS, QT South, LLC has requested wastewater collection and treatment services from the City for said Property; and WHEREAS, Zoning and Development Code, Chapter 4, Article VI, Section 4-80 Code of Ordinances (2018 Edition) provides that under certain conditions the City will furnish water and wastewater services outside of the city limits; and WHEREAS, the Council hereby determines that the City has adequate capacity of water and wastewater service available for the purpose of serving the Property without impairing services within the City; and WHEREAS, the City and the Developer desire to enter into an agreement to formalize the terms by which the City will provide wastewater service to the Property, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Out -of - City Wastewater Service and Development Agreement with QT South, LLC, a copy of said agreement being attached hereto as Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter 0112.20232:4862-6191-8333 hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of July, 2023. ATTEST: CRAIG MORCfAN, M City of Round Rock, T 2 r / . 99LL Pama PLlaT YOIIA�I OYPMY w. TeP ro 1m D.aIP �uµlo uwe9 rAuu .w,,cm oola olvPnPc . awllnlln ol''roriiroaoc1OaaPXOwpi�i ocr� Anima rnl wA1R11er w,iuu wo orm fAlSxO AA[ PAtm a M 1nAf OoaoP9 arflEY or IW C09nIAl 101[ uN N0191WUL AIO 9GI1M aR OIXSR MI�OI MOIIIPK WPxO 6EVAlNS1 ODo�ml IpPnKAAaO' ]IaY9Lmtl) nPM PR -M M w/'xAM a �)Pielao' nePOPm9d ex9r sr mT1Dx a :rnit a lauma,aPe• rePPDP.asw w/.ar axM Am w/ vAnP9 IM1MOliad a9aTlIS.AYP MSM ST Pp AW w/ 1Afa 101lNAtl9D• T!/nyld AtAY Y >R M OOICI0.E Pn1)dri/ aI1PIO0.Ptld lNor xrl xA9. PET IPNO).)SIQ a1PIEPliPd PE0.Y Ixl PAl R 1g99EgPPW alrnP�ld .aaa> 91A0 MNL 1R Art mlMh 9Ym4 � POSIT xOxCR x P>YN" EXHIBIT "A,/ a no rw99aAT ue la ). aoa A SCM o�O f aOtl� .' i f \ 1 I mnr PCR91T 401UR SUPKY DD(:/ 100)IDWII � J \ , Au•vua \' a 91W \ \ ' TT ^ �, tilOIFDT .,rk I \µJ aYf•C'EPMAtO/ref � Tar PRDPDSm PII c S CI cow"EmOM P�An PoI15 ON PPELJM A P T O A• AYP IpOM OLLTA CIOSD SlP9.O � a+s P]oDl MN 19091Z Im 9lG Aomm x'D AO� µnu PIDUP9Pa ne �Tooc/ �wm s) ACIR! �ooe./� simmer N W*E SCA9t p fFET LEGEND LEGEND Awe � � AAA SYpfCT PPOPUtt PPDPptt IlIES � —> _ aEIA talRDnlY "A 91.DDOPUS9 RMA 1G0 YGA RDDCPYM aw Pa AA ma,aw: uERPATE —.......— Mµ E=— YLTwATc Eo�na u� PGIIS i. a-91E 911KY PADNDFD BY YAMN X009fA E19om9NG AID � AaC2YW0 MTfD ADaIST aD'p. DS SI9TMIIARCx PACnDEO EIICY wuuusa co9mrr APo s9uA. xo wAImAAtt Is oaPuasn w Ileum AS 10 IIE ACOYPACY. I xcao POxT a A� Erllxo Au wrow s M uaar M�)11�Y ADDPTmPf9MOfll�• �N90�xa' TCa �E�IC OILAT�IT�EA 111 MEWxO NPR pOSANO -MT PQ lint A1lTfl' CARD AUwSI ]® 1. ((6WWfCileC 111I115YS9d1 NN p5T1®Ilna UY)JR)T PG WL rll P4 505. a RECIWC 111A11 mOl MO OTSTP9)na xG4LE]IT PEA NL Y APPLY, LDC na T —uE C[TEAYMED) m' Po _ a �irnec lPAx5Y591011 Axo alA9lna EASEIIF)Tf PEA � nJ. Po AY w IWr APRr. IDGnOx PCauPEf 9CIliICHIT PE.FMOI ro CCl[11YNE) ((GYYFAACIwc 1RN199Em._AMM AND pSPIBU EASE MT PER `Al. IA2 PlCj Aa6. 1 EILCMC_nVJ159ESAa AND .—ION TfA4LFJIT PEP N1L a6),�PC M2 fWV AI0.Y, lDUna P[gIIPFS 91Wf1CNlt RESFMCx 1D DERPYW[i 0. Y A (MAY 1RAP9E90N APO DlmlJnCN fASFLFPT Pm NL aD6 Po X 1. (YlIVC RI.WS Al. AM p511141na LASflI[NT PEAPEA W. bq PSG X D (I IP0.Y. lDGna CAll10i S CfRIIYx♦D) l \19' AM AMOxAME [A90PlI1 PDI V0. J]I. Po bl. (MAY APRY LOCAIIa CAMANIT PC CE T. 1 .. wAlF11 LWF EA4]plT, IS EQl N]] NDM PEP YR. SPJ PD )D1 (MAY APPLY IC. pl/l1A. FA9IOR. VAVNILx Al AS 1. —T qCw YAPS 11. 15-fDCT MpE pplT CE xAY P—EO 1D ,pxAll MA1FA SpPIY IemAom r w. W. PAa na ((MAYA9TtcT Eouna cu«Dr a x�ioslaPn7 C .-1 W a U z 0 U 01 EXHIBIT „B„ OUT -OF -CITY WASTEWATER SERVICE AND DEVELOPMENT AGREEMENT THIS OUT -OF CITY WASTEWATER SERVICE AND DEVELOPMENT AGREEMENT ("Agreement"), is made and entered by and between QT SOUTH, LLC, a Texas limited liability company, referred to herein as the "Developer," and the CITY OF ROUND ROCK, TEXAS a home -rule municipality located in Williamson and Travis Counties, State of Texas, referred to herein as the "City." The Developer and the City are hereinafter referred to collectively as "the Parties," or individually as a "Party." RECITALS: WHEREAS, the Developer is the owner of record of the property located near the intersection of US 79 and CR 110 (the "Property"), being more particularly described in the attached Exhibit "A" which is hereby incorporated for all purposes; and WHEREAS, the Property is not located within the corporate limits of the City; and WHEREAS, the Developer wishes to develop a convenience store and multi -family units on the Property; and WHEREAS, the Developer has requested wastewater collection and treatment services from the City; and WHEREAS; the City has determined that it is desirable for the Developer of the Property to receive wastewater service from the City notwithstanding the fact that the Property is outside the City's corporate limits, subject to the conditions set forth herein; and WHEREAS, the Developer and the City desire to enter into this Agreement to formalize the terms by which the City will provide wastewater service to the Property, and WHEREAS, pursuant to the Zoning and Development Code, Chapter 4, Article VI, Sec. 4- 80, Code of Ordinances (2018 Edition), City of Round Rock, Texas, the City Council hereby determines that there is adequate capacity of wastewater treatment services available for the purpose of servicing Developer without impairing services within the City, NOW, THEREFORE; for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective Parties hereto, it is agreed as follows: Out of city wastewater agreement CLEAN 7.7.23 Article I. Developer's Obligations Under this Agreement 1.01 Wastewater Interceptor Extension. Developer will construct a wastewater interceptor to provide wastewater collection and treatment service to the Property, as described below: (a) The wastewater interceptor shall be constructed from the Property to the City's current interceptor termination point on the east side of the Wal-Mart located near the intersection of US 79 and CR 122, as shown on Exhibit `B". The final alignment of the wastewater interceptor is subject to the sole approval of the City; (b) The wastewater interceptor shall be a 24-inch for the first 500 feet, and then transition to 15-inch to the Property. (c) Except as provided in Sec. 2.03 below, Developer shall pay for all the costs of design and construction of the wastewater interceptor; (d) Developer will pay for all costs of acquiring the easements required to provide wastewater collection and treatment services to the Property; (e) The design of the wastewater interceptor must comply with the City's Design and Construction Standards ("DACS"), as determined by the City; (f) The wastewater interceptor must be permitted through the City's Development Services Office; and (g) The construction of the wastewater interceptor will be subject to the approval of the City's inspection department. 1.02 Developer shall comply with all requirements of the Zoning and Development Code, Chapter 4, Article VI, Sec. 4-80, Code of Ordinances (2018 Edition), City of Round Rock, Texas, regarding the furnishing of sewer services outside the city limits. A copy of such Sec. 4-80 is attached hereto as Exhibit "C," incorporated herein by reference. Failure to comply with any of these requirements shall give the City the option of terminating this Agreement. 1.03 Developer shall comply with all requirements of the Zoning and Development Code, Chapter 8, Article IX. Signs; provided however that County Road 110 shall be considered a "Commercial Road" pursuant to Article IX, Sec. 8-74. (b) (2). 1.04 For the purposes of compatibility, building setbacks, and height setbacks, adjacent parcels will not be treated as single family uses. 2 1.05 For the portion of the Property used for multi -family units, the Developer shall comply with the requirements of the Zoning and Development Code, Sec. 2.22. MF- 2 (Multifamily — Medium Density) District, as amended by Exhibit D. 1.06 For the portion of the Property used for the convenience store, the Developer shall comply with the requirements of the Zoning and Development Code, Sec. 2.33. C 1- a (General Commercial — Limited) District. Provided however that the Property may be used as a truck stop, including truck service and repair. 1.07 The Property shall be subject to, and the Developer agrees to comply with Volume II, Chapter 8, Article 11, Landscaping, as amended by Exhibit E. 1.08 The Property shall be subject to, and the Developer agrees to comply with Volume II, Chapter 8, Article VI, Off -Street Parking and Loading as amended by Exhibit F. 1.09 Developer agrees that in the event the Property becomes contiguous with the City limits and meets all requirements for annexation, the Developer shall immediately apply for annexation into the City and cooperate fully with the annexation of the Property into the City and any zoning requirements of the City. Failure of the Developer to do so shall give the City the option to terminate this Agreement. 1.10 Failure to comply with any of the foregoing requirements shall give the City the option of terminating this Agreement. Article II. Ci 's Obligations under this Agreement 2.01 As used herein "Living Unit Equivalents" or "LUE's" shall be defined as follows: Living Unit Equivalent (LUE) shall mean a unit of measurement used to facilitate the sizing of water, reuse water, and wastewater mains. One LUE consumes 450 gallons per day of water and produces 280 gallons per day of wastewater. 2.02 City agrees to sell Developer wastewater collection and treatment service as required by Developer on an as needed basis, up to 5 LUE's for the convenience store, and up to 134 LUE's for the multi -family units. 2.03 City agrees to reimburse Developer for oversize above 12 inches in diameter of the wastewater interceptor, in compliance with the Zoning and Development Code, Chapter 4, Article IV, Sec. 4-78. 2.04 The wastewater service to be provided herein is for the Property as described in Exhibit "A" and no other property. Article III. Wastewater Impact Fees and Rates 3.01 Developer agrees to pay to the City wastewater impact fees in compliance with Sec. 4.82 of the Round Rock Zoning and Development Code. 3.02 Developer agrees to pay City for all wastewater services provided to Developer at the rate authorized by Chapter 44, Article II, Sec. 4-34, Code of Ordinances (2018 Edition), City of Round Rock, Texas, as amended from time to time, applicable to customers located outside the corporate limits of the City. Consistent with that provision, the volume charge shall be twice the rate for customers located within the corporate limits of the City. Because the Property is served with water by Jonah Water Special Utility District (Jonah SUD), the wastewater service will be calculated based on the Developer's average water consumption for December, January, and February of each winter, as determined from Jonah SUD's water bills. Developer agrees to provide the City with copies of the aforesaid bills by April 1, of each year. 3.03 The City and Jonah have agreed that Jonah shall be responsible to render monthly bills to customers for City wastewater services. Payment shall be made no later than the sixteenth (16`h) day following the mailing of the bill. 3.04 Customers shall be subject to the penalty provisions for late payment as now exist in Chapter 44, Code of Ordinances (2018 Edition), City of Round Rock, Texas, and as may be amended from time to time. Article IV. Compliance with Ordinances 4.01 Developer agrees to comply with all of City's ordinances as they now exist or may be amended from time to time regarding the sanitary use of the wastewater treatment system. 4.02 Developer agrees to pay all other fees applicable to wastewater service. 4.03 Developer agrees and understands that the City's willingness to provide wastewater service to the Property is expressly contingent on the Property being used for its proposed uses, namely a convenience store and multi -family units. Developer shall not change or expand the existing uses without the express written consent of the City, which may be withheld for any reason. Any change or expansion of uses without the consent of the City will give the City the option of terminating this Agreement. Article V. Force Majeure 5.01 In the event either Party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, then the obligations of that Party, to the extent affected by the force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of the inability. The cause, as far as possible, shall be remedied with all reasonable diligence. The term "force majeure" includes acts of God, strikes, lockouts or other industrial disturbances, acts of the 4 public enemy, orders of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to equipment, pipelines, or canals, partial or entire failure of water supply, and any other inabilities of either Party, whether similar to those enumerated or otherwise, that are not within the control of the Party claiming the inability and that could not have been avoided by the exercise of due diligence and care. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the Party having the difficulty and that the requirement that any force majeure be acceding to the demands of the opposing party if the settlement is unfavorable to it in the judgment of the Party having the difficulty. Force majeure shall relieve City from liability to Developer for failure to provide water service due to an inability covered by this article. Force majeure shall not relieve Developer of its obligation to make payments to City as provided in this Agreement. Article VI. Term 6.01 The term of this Agreement shall be for a term of twenty (20) years from the date hereof. After the initial twenty (20) years, the Agreement shall automatically renew for one (1) year terms, unless terminated by one of the parties upon ninety (90) days' written notice to the other party. 6.02 This Agreement shall become null and void upon the annexation of the Property by the City. Article VII. Miscellaneous Provisions 7.01 Developer is prohibited from selling or giving wastewater service purchased herein to anyone else. 7.02 Developer shall be permitted to assign its right herein to a bona fide purchaser of the Property as long as the intended use of the service and the Property remains the same or similar. 7.03 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and any and all actions brought to enforce the terms of this Agreement shall be brought in Williamson County, Texas. 7.04 This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. 7.05 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 7.06 This Agreement constitutes the sole and only agreement of the Parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 7.07 The violation by Developer of any of City's ordinances related to the use or disposition of wastewater, or to subdivision, zoning, development or building ordinances shall render this Agreement voidable at the option of City. IN WITNESS HEREOF, the parties have executed this Out of City Wastewater Service Agreement to be effective on this the day of , 2023. Attest: Meagan Spinks, City Clerk Approved as to Form: Stephanie L. Sandre, City Attorney QT SOUTH, LL�C/ l n By: k—— - Matthew D. Miller, President CITY OF ROUND ROCK, TEXAS Craig Morgan, Mayor 501 EXHIBIT A (Property Description) xsNT Bcwar .ialYsw BowaY qa PBBFIET 40MITT 91IILfY �B»e BF.iRY , � SIL aaan+ 2B AO95 ^ ORPhYIAr lOC RBBFAT IIIx1VlT SUBLET PROPOwD PV/UC NIL JN P6 Id7 BBNY[OAW POMe wsccT ro APE a rnuAlwAA W1P1�� • BwSEnHO epoYMIgBEBOlTOI B F1}MWI lenl MBSIIOAI WTW 4O QOG BruMEax rAE BA®q n�c mua mmrurz arsm v iw axBUL me w.o -- INN--I NsenmmI efaer n wq Rm rr vAnW f Iw—NW N eXta gnex ON OSaEmu mITPP� ItR NBBKSIIOIT LLG + Mll/Q GPIR T� W VU1AlIQ1 lAT ), BLOq A >tNA � IDT 4 BLOIX A 9QIA SBIInI B011M leml 90x MMBM9q oaG/ ]m11a,.Bx �, BOB/ m]nABme � 11 q �0 AqQ � J 1 a L- Z7: U R]BNq iRax Yqa Im lu AO Aqm YxY,U N�WBw6 NC RBRAT EILTRER SIBILCY 61 AO6B BOG/ tO>DIlBgO RO/gT MOMIx 6UI4EY OOG/ ]OmOelm ABBB211 iRO1g00.,E IEA9NO LLO RBemr �a"� RLEr DBG/ ]BBBB1 W W N W*E SbAF IN PEET LEGEND LEGEND � � � � AAART PAWgtt vRovgx u+rs � —> — qmE ceRluuxx PEVA A.BB]vux Orn,A ,m rrAR rt000vuN ]m PA AR xmMc uLnY.h SBB P9 ,i IXISIING ULnYAh —•�•�•�•� ILBmMN a w q W z i. OM-9n: SSMNY PIIONBFB BY VAIMx HBONFA FINIFDMIE ASO c 4xaEYMO BAnD AYaexS ]O]1 Cx NPOBNAnq PAONBm fAN COJY NO YARPABtt LS f>9RCSIIO q U nexAO AOOMAL'r. 2 SEOdD Pbxi a AK61 N—.. ALL --A V M YBBi TFO ixlE mBC Af AwpAlxO. SHALL BE REWIRFB P4n Is RppEXr4L M.BdN90M OBxiANero BRG1[A f ,Nµq a BRnuYB wn r i i nrc�w61e�`TIW°fTw�'I�um BmRa4`inw uYlmlTT R)i wL na. K. m. 2 AY ARL7Aµ�59q WMOiBEtO1MMm)) •� GYIIUIf Pq AnL >9. w foe. Y AP0.Y, IICAnM CAW OT K BERRIexm)) y F } C INANSY59g1 ANp OBSRNnq FAfdStli PfA MIL xx4 Pc Ml �SLy�AAY ANlY, IDGnM RFpBRF1 9WABwrt RE}FMW 10 O[AAYN H. frylE/.C1Mt MAMMI531wE AMO PS,RIMAIMe FASFSu�T PEA Wpl.��xElAiYNW� A}6 � f+ S S]ECBOAPC~1RY.YISYB9w1 BIJIO� � lN�`um�T aA�a. xm Pt NQ. �1 n � � ti � z 1 (( Y IPGnq PmwRCe SglMAIfS P�AnOS m tA'SdM&ES 0. fILO1MO lI1.WSYS9q ANO PSTRBJ,Iq FAfOEMT PEA YO,. ]B6 PBX ' c (��rsPLr�� nw xcauE¢a awPEcurr AesAAa m mgYNq T. aal Axo wfMnrnq GaIDCAr PeA vx. }B4 Pa X s a' ' = � �� (YAr APPLr, IOGnMe cAln4r eE moEMxm) � N � U 4 c.�iw�ei BcmE�iRxmj�T Pq w� ui. P4 sl. (wr ASPLx Launox a aiq wlx EABpp1T. 1. INMBTH. Pu wL. xf Pa »4 tYAY .PPLr 1 14 YRM•NA4 ENIq[`YARNNL I P ROA YAn 1 . 1.lrPWl MB[ MOrt O< MY [AbOiT gNllFO ro JgNS AAIFA s1ALr t LYAV RERwem N 1n1. SeJ. PA E Yl] (TAT NVLCi lBGllw cAN1OT BC BnnsMml ca2211-ooi E (Wastewater Interceptor Alignment) ..au.\eel,-.Wr>+rur-st wVw «rwrr..�Nvxnf w ,r r. ruLrNa+v«u I ' I svass eee TEEEiiAil� p+;1 ,.�.. I o � IN iQiQ0EFG6� il�� � g � -ar�zcs3 Ili � I I I t rFi1� I IMMUNE QuikTrip No. 4170 5701 US 79 RM M] ROCK En, 1X n s I I n I I umley»)Warn EXHIBIT D EXHIBIT C • Sec. 4-80. - Furnishing of water, reuse water, and sewer services outside city limits. (a) Conditions under which city services will be provided. The city shall furnish water, sewer and/or reuse water services to residential and commercial users located outside the city limits only upon the following conditions: (1) Adequate capacity exists. There is adequate capacity of city services available for the purpose of servicing residential and commercial users outside the city without impairing services within the city. Whether such adequate capacity exists shall be determined solely by the city council, and the determination of the city council shall be final. (2) Owners outside city limits to bear costs of lines and furnish easements. The construction costs of water, sewer and/or reuse water lines and appurtenances which serve residential and commercial users outside the city limits shall be paid for by the owner, developer, or political entity requesting the service. Such owner, developer, or political entity shall also furnish suitable construction and permanent easements and rights -of -way for utility lines. (3) Construction to conform to city standards. All design and construction shall be in accordance with city standards and specifications. (4) New subdivisions to comply with subdivision regulations. New subdivisions recorded after the date of passage of this section desiring city water, sewer and/or water reuse services shall comply with the subdivision regulations of the City of Round Rock, Texas, in effect at the time such new subdivision is approved. Existing subdivisions whose plats were recorded with the County Clerk of Williamson County, Texas, at the time of the passage of the original Ord. No. 269 (January 8, 1976) can be furnished with water and sewer services without the necessity of having sanitary sewer collection and treatment facilities. (5) City to have right of review. The city shall have the right to review and approve all plats and plans and inspect and approve all water, sewer and/or reuse water construction within subdivisions where water, sewer, and/or reuse water service is to be provided. (6) Water and sewer facility requirements. Except as provided in subsection (4) of this section, all residential and commercial users shall have sanitary sewer collection and treatment facilities. Water will not be provided to residential and commercial users who utilize septic tanks save and except water can be provided to subdivisions whose plats were recorded with the 9 County Clerk of Williamson County, Texas, at the time original Ord. No. 269 was adopted (lanuary 8, 1976). (7) Water, sewer, and/or reuse water lines to meet ultimate requirements of city. Where water, sewer, and/or reuse water lines and appurtenances are extended outside the city limits, the lines shall be sized to serve the ultimate requirements of the city. (8) Extended lines to be designed and inspected by city's engineer. All water, sewer, and/or reuse water lines and appurtenances extending from existing city facilities to any tract of land outside the city limits requesting water, sewer, and/or reuse water service shall be designed and inspected by the city's engineer. The owner, developer, or political entity requesting the service shall pay for these services in keeping with the current contract between the city and the engineer employed by the city. (9) City may reimburse owner for oversized lines. Where the size of the water, sewer, and/or reuse water lines required to meet the ultimate requirements for the city is larger than eight inches and the total capacity is not required to serve the tract of land to be developed, the city may enter into a contract with the owner, developer, or entity constructing the lines for reimbursement for the excess capacity as other users request and are granted service. The developer or entity requesting service from an existing line shall pay a tap fee on a pro rata basis, as hereinafter set forth. The reimbursement to the owner, developer, or entity who paid for the line construction shall be made only from those tap fees paid to the city by users of the facility paid for by the said owner, developer, or entity. (10) Pro rata basis for tap fee. The pro rata basis for the tap fee shall be computed based upon the required demand for use and the fire protection as specified by the engineering criteria approved by the city's engineer. The basis for cost shall be the actual total cost of the facility plus five percent (5%) interest. The total cost shall include, but shall not be limited to, construction costs, engineering costs, and inspection costs. (11) Wholesale bulk rate sales of water. Facilities constructed and paid for by another public entity or facilities which will later be acquired by a public entity may be owned, operated, and maintained by that entity. Such facilities shall purchase water from the city at a negotiated wholesale bulk rate. The city shall own, operate, and maintain all other facilities. (b) Rates. The rates paid by residential and commercial users located outside the city limits for the use of the water, sewer, and/or reuse water facilities of the city shall be in accordance with sections 44-32, 44-33, and 44-34 of the Code of Ordinances. 10 1:0:4:ll:10801 Zoning and Development Code, Sec. 2.22. MF-2 (Multifamily — Medium Density) District Sec. 2-23. - MF-2 (Multifamily - Medium Density) district. (a) Purpose. To establish and preserve areas of medium intensity land use primarily devoted to medium density multifamily residential development. (b) Permitted uses. Uses permitted in the MF-2 district may be found in Sec. 2-25. (c) Lot and building dimensional standards. Property and buildings in the MF-2 district shall conform to the standards found in Sec. 2-26, with the following supplementary notes: (1) Detached garages shall be set back from the street a minimum of 50 feet. (2) Residential structures shall be permitted to reach four (4) stories in height provided that the first level is garage parking and the upper three (3) stories are dwelling units. In situations where there is a natural gradient change that can accommodate walk -out living units, the zoning administrator may permit four (4) stories of dwelling units. In no case shall a structure exceed four (4) stories. (d) Supplementary development standards the following regulations apply to the MF-2 district: (1) Unit limit. Density shall not exceed 20 units per acre. Apartments shall not exceed 400 units per complex. Any parcel with MF (Multifamily) district zoning prior to October 25, 2012 is not subject to this limit. (2) Amenities. At least one amenity accessible to all residents shall be provided for each medium density multifamily complex with 50 or more dwelling units. Additional amenities shall be included at the following rate: Number of dwelling units Minimum number of amenities 0-49 0 50-99 1 100-149 2 150199 3 200249 4 250 or more 5 Amenities include but are not limited to the following: a. Playground equipment. b. Fenced dog park, to measure no smaller than 2,500 square feet, with minimum depth 25 feet. c. Private fitness facility*. d. Picnic area, to contain no fewer than two tables and two cooking grills. e. Swimming pool. f. Business center, to contain no less than one computer, printer, fax machine, copier, and scanner (printer, fax machine, copier, and scanner may be integrated into a single device), available for resident use*. 11 g. Tennis court. h. Basketball court. i. Volleyball court. j. Kitchen available for resident use*. k. Social room available for resident use*. * These amenities may be located in the amenity center and each one qualifies toward the amenity requirement. (3) Off-street parking requirements. a. No less than 10 percent of all required residential parking shall be in garages. c. Driveways in front of "tuck under" garages, if they are at least 20 feet deep, shall count toward the required residential parking. d. If a flat roof is installed as a canopy for covered parking it shall have a minimum six-inch wide decorative banding. (4) Garage requirements. Garages shall comply with the following standards: a. Detached garages shall be constructed of the same exterior materials and include similar roof pitch to the residential structures. b. Detached garages shall not consist of more than six (6) garage doors, with the exception of double -sided garages that have doors on opposite sides of the structure with a dividing wall in the middle, for a maximum total of 12 garage doors on a single structure. c. No detached garage shall be placed between a residential building and its adjacent drive aisle. d. Where a detached garage is placed adjacent to a residential building, a landscaped area no less than 10 feet wide shall be installed between the garage and the building. e. No garage door shall face a single-family home within 250 feet or be permitted in a street yard. (5) Landscaping. In addition to the regulations located in Sec. 8-10, a linear area with improved soils and planted with annuals, perennials, and small shrubs shall be installed and maintained along the foundation of all elevations facing the public right-of-way. This area shall measure a minimum of two (2) feet wide on average, and at no point shall be less than one (1) feet wide. This requirement shall not apply where sidewalks and driveways meet the building perpendicularly. (6) Lot fencing. A view fence in the front street yard shall be permitted to reach a height of six (6) feet. (7) Light fixture height. The height of a light fixture shall not exceed 20 feet in parking areas and 12 feet in pedestrian areas. (e) Multifamily - medium density design standards. The following design standards apply to all residential buildings in the MF-2 (Multifamily - medium density) district: (1) Building elevation variation. Any wall in excess of 60 feet in length shall include offsets of at least two feet in depth. There shall be no less than one offset for every 40 feet of horizontal length. (2) Exterior wall color finishes. Day-Glo, luminescent, iridescent, neon or similar types of color finishes are prohibited. 12 (3) Exterior stairwells. Exterior stairwells facing the public right-of-way shall comply with the following standards: a. They shall be concealed within a fully enclosed structure, except for appropriately sized cutouts to allow for ventilation and pedestrian access; b. The landing shall be recessed a minimum of five (5) feet into said structure; and c. The stairwell structure shall not protrude more than eight (8) feet beyond the facade of the residential structure. (4) Glass. Mirrored glass with a reflectivity of 20 percent or more is prohibited on the exterior walls and roofs of all buildings and structures. (5) Orientation requirements. Buildings adjacent to a public street shall be oriented such that their longest facade faces the street, unless a building is located on the corner of a lot where two (2) streets intersect. Building elevations that face a public street shall have at least 15 percent of the wall facing the street consist of windows, balconies and/or stairwells. Alternative orientation due to physical site constraints such as topography or natural features may be approved by the zoning administrator. (6) Windows. Windows shall be provided with trim and shall not be flush with exterior wall treatment unless approved by the zoning administrator as part of a recognized architectural style. (7) Roofing. Portions of the roof shall be permitted to be flat to provide for mechanical equipment wells or roof decks, provided that such flat areas are screened by pitched sections of the roof. Alternative roof designs associated with recognized architectural styles may be permitted by the zoning administrator. (8) Special design features. A minimum of five (5) features from the following list shall be incorporated into the building design: a. Bay window. b. Arched window. c. Gable window. d. Oval or round windows. e. Shutters. f. Arched entry, balcony or breezeway entrance. g. Stone or brick accent wall. h. Decorative stone or brick band. i. Decorative tile. j. Veranda, terrace, porch or balcony. k. Projected wall or dormer. I. Variation of roof lines on the building. m. Decorative caps on chimneys. n. Entry onto the public facade for ground floor units facing the public ROW. o. Other feature as approved by the zoning administrator. (f) Design standard requirement for all buildings located closest to CR 110.: (1) The ground floor of all buildings shall be a minimum of 75 percent natural stone, simulated stone, or brick. 13 (2) A minimum of two different materials shall be used on each structure, and each material used shall comprise no less than 20 percent of the exterior wall finish. (3) No more than 33 percent of the building fagade may be fiber cement siding or architecturally finished steel or metal. (4) Roofing materials shall consist of 25-year architectural dimensional shingles, tile (clay, cement, natural or simulated stone), non -reflective prefinished metal, or reflective metal such as copper or other [similar metals as approved by the zoning administrator.] (g) Applicability to PUDs. Design and development standards specifically addressed in planned unit developments (PUDs) adopted prior to October 25, 2012 shall prevail. m Sec. 2-25. - Permitted Uses in the Residential Districts. Summary use table by residential zoning district Use Accessory Dwelling Unit, Connected Apartment Assisted Living Group Home (six or fewc Modular Housing Multifamily House Single -Family, Attached Single -Family, Detached Single -Family, Detached Single -Family, Zero Lot 1 Single -Family, Village R Townhouse, Single Lot o Amenity Center Community/Government Day Care (in home), six c Day Care, all other Park, Community Park, Linear/Linkage Park, Neighborhood Place of Worship Place of Worship (with ai Place of Worship (with ai Public Safety Facility Private School, Primary ( Public School, Elemental Self -Enclosed Monopole Utility, Minor Utility, Intermediate WTF, Attached WTF, Stealth Bed and Breakfast Agricultural Operations Fowl Raising Livestock Raising persons) P/S jl I- I Manufactured Home - ,ine - sidential - Common Lot P P Service - J r fewer children - P/S P/S P/S P P a cessory uses not exceeding 2,500 sq. ft.) P/S cessory uses between 2,500 sq. ft. and 10,000 sq. ft.) P/S J P r Secondary or Middle P/S _I P/S P/S P/S P/S I 15 Sec. 2-26. - Residential lot and building dimensional standards. For purposes of compatibility, building setbacks and height setbacks, all neighboring parcels are not and will not be treated as single family uses or zoning. (a) Residential zoning districts lot and building dimensional standards chart: Description MF-2 Minimum lot area 1 acre Minimum lot width 200 fL Minimum lot depth ( - Minimum width of principal building - Minimum dwelling unit area Minimum building setback 15 ft from street (ROW) Minimum garage setback from 50 ft. street (ROW) Minimum garage setback from street (ROW) for side entry garages Minimum rear building setback 25 ft. I story: 25 ft. Minimum rear building setback 2 stories: adjacent to SF/TF lots when 50 ft. pre -cast concrete panel fence is 3 stories: used 80 ft. 4 stories: 100 ft. 1 story: 20 ft. Minimum rear building setback 2 stories: 40 ft. adjacent to SF/TF lots when masonry fence is used 3 stories: 80 ft. 4 stories: 100 ft. Minimum side building setback 25 ft. 1 story: 25 ft. Minimum side building setback 2 stories: 50 ft. adjacent to SF/TF lots when pre -cast concrete fence is used 3 stories: 80 ft. 4 stories: 100 ft. 16 I story: 20 ft. Minimum side building setback 2 stories: 40 ft. adjacent to SF/TF lots when 3 stories: masonry fence is used 80 ft. 4 stories: 100 ft. Minimum setback for accessory 15 ft. building Maximum height of principal 4 stories building Minimum height of principal building Maximum height of accessory building (Excluding clubhouse 15 ft. and detached garages) Maximum lot coverage for 40% buildings (b) Special purpose lots exemption. Special purpose lots, including but not limited to, landscape lots and utility lots, may be exempted from these requirements. (c) Encroachments in setbacks. Except as specified in (d) below, all required setbacks shall be free from any encroachments, including but not limited to, eaves, roof overhangs, bay windows, and fireplaces. Air conditioning units and other similar ground -mounted equipment are exempt from this requirement. (d) Permitted limited encroachments. In the SF-R, SF-1, SF-2 and SF-3 districts, limited encroachment into the front and rear 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. (e) Accessory buildings prohibition. Accessory buildings are prohibited in the front street yard. (f) Accessory building setbacks in SF-1, SF-2 and S-3. When a rear or rear side lot line does not abut a developed or planned single-family lot, there is no setback requirement. 17 EXHIBIT E ARTICLE II. - LANDSCAPING Sec. 8-10. — Landscaping Zoning and Development Code, Article II, Sec. 8-10. — Landscaping is amended as follows: 1) Sec. 8-10 (e)(12) is deleted as follows: 2) Sec. 8-10 (f)(1)d is deleted as follows: 3) Sec. 8-10 (g)(1) is amended to read as follows: (1) TH (Townhouse), SR (Senior), MF-1 (Multifamily -Low Density), MF-2 (Multifamily -Medium Density), MF-3 (Multifamily - Urban), C-1 (General commercial), C-1a (General commercial - limited), C-2 (Local commercial), OF-1 (General Office), OF-2 (Mid -Rise Office), BP (Business Park), LI (Light industrial), PF-1 (Public Facilities - Low Intensity), PF-2 (Public Facilities - Medium Intensity), PF-3 (Public Facilities - High Intensity), and MU-G (Mixed -Use Greenfield and Large Lot) zoning districts. a. Landscaping shall be provided between parking areas and all public streets in a four -foot (4') wide linear planting bed. The minimum landscaping required for this purpose shall be based on the measured linear footage of parking including vehicular circulation routes that extend along the length of the property line (excluding ingress/egress to the public road) adjacent to the public right-of-way. b. The required minimum quantity of landscaping is as follows: One large tree or two small trees per 90 linear feet, or fraction thereof; 2. One small tree per 60 linear feet, or fraction thereof; and 3. One large shrub, small shrub, or ornamental grass per eight (8) linear feet, or fraction thereof. Any combination of large shrubs, small shrubs, and ornamental grasses is acceptable. c. There shall be no gap between required landscaping exceeding 25 percent of the length of the landscaped area, unless approved by the zoning administrator. 1 e. If there are overhead utilities above the landscape area, then the required large and/or small trees may be placed in additional interrupting islands every 75 feet within the first row of parking adjacent to the public street. Such islands shall have a minimum width of nine (9) feet from face of curb to face of curb. In addition, the owner shall have the option of reducing the four -foot (4') wide linear planting bed described in subsection (g)(1) a. above, to a two - foot (2') wide area to accommodate only shrubs. f. The area within islands and medians shall not include sod or turf grass and shall not include more than 50 percent decorative groundcover material, unless approved by the zoning administrator. The remainder of the area shall consist of planting groundcover. 18 4) Sec. 8-10 (k)(2) a. is amended to read as follows: (2) Certificates of occupancy. a. Prior to the occupancy of a building, the developer/owner shall either have completed the installation of all required landscaping or shall file with the zoning administrator fiscal security (by bond, certificate of deposit, letter of credit or cash security) satisfactory to the city, in the amount of a contractor's estimate using current market prices for materials and installation of the required landscaping plus a 20 percent contingency. The contractor's estimate shall be subject to the approval of the zoning administrator. UO EXHIBIT F ARTICLE VI. — OFF-STREET PARKING AND LOADING Sec. 8-46. — Off-street parking requirements Zoning and Development Code, Article VI, Sec. 8-46(b) Residential parking requirements is amended as follows: 1) Sec. 846 (c) is amended to read as follows: (c) Screening. Along CR 110 right of way frontage, the parking screening shall consist of- (1) A wrought iron fence or wall at least six (6) feet in height. (2) Vegetation consisting of a solid hedge row or evergreen shrubs, or trees and shrubs, providing full screening from the ground to a minimum height of six (6) feet; or (3) a combination of the subsections (c)(1) and (2) of this section. (In the event that a wrought iron or solid fence is prohibited by a utility provider or governmental agency, the City and Developer agree to work together in good faith to reach a mutually acceptable alternative option.) Screening shall not be required in the rear yard for vehicles parked on an improved driveway that is constructed in accordance with the DACS. 20