Contract - QT South LLC - 7/27/2023 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 II, 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. City's'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.
3
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 Maieure
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.
5
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 p rties have executed this Out of City Wastewater Service
Agreement to be effective on this the day of , 2023.
QT SOUTH, LLC
BW4--.1"Jd-kJ
Y•
Matthew D. Miller. Presi(Icnt
CITY OF OUND ROCK,TEXAS
By: & 4
Crag ga rayor
Attest: E4
Meagan Spi s, City C rk
Approved as to Form:
tephan' Sandre, City Attorney
6
EXHIBIT A
(Property Description)
7
N
a
s�q�
nsauan�xaluwr uc � rum urrtR°°°°a faasanxTaN W E ¢8�
1 aaQ A Sai)M �
WT A. A fOM sL{ITS
a tri/a�]o+',.0 mcrr ma,ieme S g#"sem
.n aer
® u
I EGFND
a —— -os
�J
mo.osen n;ic s�rT `� `
mrxrnou nava.RC S Q y
auRm ro
MAT�wn /! LEGEND
Q
ax rRnrxurc RAT
l5 lJ (' ice.nnaonAn
\\\ I y k q. O mu]m Yw rtmow�x
_ 2ow msmc uuuua .`.. .
1 roN Nm�]m uc
tnrrtTr.Y,ncxnaN r..v. � /f \ ooC/monwmi� oa�1 aao,'.m,�rn�
RiaPTSCo IVRIc sinal / \
avwCCTiox rain ua
QI PREIWMMYaPIAT
O
R3]su, U(�
MI'YO£
rtwar.ox�YTRoaw ,.\ siv a?
nteeirt NouTr wn[r .,�..� neem„
Doc/rwr bneeetaeea) \�� (� i �.L'� iwwaRsc c to �(�
\, ( RoeeTi aeon wRvfl :D LYl
�/' mcR amomwet V.�
rTj U)
� l
IN
Malerwar iciau Calow � xY`/�,l
T2e.Q6 a�KTwrOC.STaIE \.\
t>6�CNUTT S,IRxEr %s[a`W raNa Nc ,pfY Y /,�y� .arc�..we W
\oN vRpL
MAT \ \ ��\, /� / ✓✓ �,/' NOII1 LOG nCN u.a z
\'�,. \ ✓ oN-sro Burr.naorom er u.nax Yw.m wom,Nc.xo Q t
V .�
xoaaili a� �' �RwowTCO°intr'vm'iria°n'caxr'u`.�c aTu� ]
was.wF axe Ox n¢�ws m mx.�2� mar ixl�wfnw xac um �•\� �IfTf'� wui n onulMt
(y wT��µs gxrr Donn n�u�w)sr ama:_ �
Tait CKow �lV.lu m r/1.Tr r.1r` I 'J StYiJ'n'1Yg0 a�hFCr'mi9Ax9�imo�x=T s�rra�d A41wT]FA W�aL ac San.
i anK.be' HSbfstme' bsr' V ((��AA ��))
a wYTssrr aaaaaamN ralY aN ana[ p } Rfe.mc�nt.N�>sa�x ..T sarsi�waxC,cSpNNTmm
Pq q
a[r m nm r/Y.m1 �J../.iT I(6Eccfla�C m/JISYS9(M nN10f OS]RIBU i1 CN la K SNE) o 'd
a im..w.m nln.sn]D• user SR]lei Rm./vnrw, '1=6. daWNAY LOV.naM s fYAY.PRYµIDGnoM Hewes svinuNr AL4AR01 Ta oClin aPC�. Q Q y e
a rnarosm weuc siunr susses ulo usaaamw usowr cm w,am, r �u[z
y, fY�.v nes xeweas swraNUNr R�rKN ro anmues� .'g
''yai. p ^oN rave^a ' rnee T.iwaamoN.xo osrnaunw uso�wl xT ua.m ro x {
]r.Yq eM.V Y n x mnOCl[ s1A.E N IPPROVN. s (�.v�LT1xN9.nes xµwn sww.NT nCYNRI T]ae—R)
STnNnoi ew>apai rq lIX.DD w x
(wr�iND ,ores-cunot a aerarxm)
W].1.ar nrru]ir ,O wY.lo//N,aR.tC—MT ad ML lel,rG Df.Iu.r M0.r,LaGTd ut
=T.aET[Rux[n)
Ol
a ]m.Srae rrnsrM bill Yb Y R Yxc[.SrI.O,T,�SNraTmm u ra—T nCxCY✓S
SRrt�aR .- 1 IYCaaT„Lf Np,l OC,ux GIDOrT IYAI.T
vxa GIm ro.arAx MATT f T
>i, xrsctt l¢'wnw vw�ol S
i K[YmJ
f,P2211-001
EXHIBIT B
(Wastewater Interceptor Alignment)
8
H
C1
I 1 I L I I + I s 1 e I I a c I m u u I u I+ 1 Is I _[
Ufe/TY IFGEN0 RIEIN UTIUW OEWJM WTES er•clluus X
uruw wfruuTONcoAem[.ATdf W
� �®` o M roxsnNcnaN oE,d roIINECtq+ro ANr Howl vg ffo lus.stN.sfv�ws.0 aiulrfo
piil.sANro^r sort^.d.Nr onm n[vATnN sdsmrt •NAT[w Imvu om.^a+.•ar w•rnxce[T[
Noun,M roNruna vs.ss oruaTr.noun Arm nacun¢ U.s so•Dr.A vnaNrc of I
_ . PoWIS K CDwECllwS Mf1 lPDII M SDUM[ASi wbaFlaT cVINIG Of A GLL[D WMS.F[TwDIM!/dWMInYt�fMTwMN[AM
- [Dtlld[IDII SMNL fYDfY M FNLwffll Alp M DrtIPTMOt laii�t K%Ui�ilvf A�ATCM�fllrKn[eN IrtY1E9�Ptl.d IK MxMD:f110Y S1IM.YwO
COw1Yt d eEDLYCD DAMDDNS MDN M w.w K t ^FMNE.1n16bLY.MfIIDItNATdavplY VANYav 10
. 1pp°w dcwm Alio dew wu t�Wnfas w M iwrt TNs EtEd flmfcMsaxw.CTatreff/dSte Sa!Q4�
F . Onl[A u6 NDt iFCA 0l A D[M,u Cd[ucl. �-�-�- dp[SpMlC:M MdDdgLAWVU111[ 10[1CW d �
AuvDlmK elomldwmelowl wedmmureutml.
PLPM x.i wIN A uvu
0
2-
nANrto t ooNN eton r [roNwx[m..xYlly.w
W1Cw NDD/W[NCS^SV(. �S 1042'
— _ CDMM4 M4MLLwl O-[i —
Kv[TIKt NID M SOVDwCd!flpfdn CDIwG[ dM =ri);%E,
d A tH1LD ID}.If l Ad[TCAtt V INY ^ N
N 75D-75m-'•tr�•zrn+.� 3 .......wo
L O
C O ju C
j f ji a g -
jy
_ _ e �_l1 tn" ZL
n _ o- -
------------------
5- -- -- RESWEMN -T---- ne:slleE7ctw iI�' Vim" ne.aNEE�cut -
A 2G
_ swan I r i�a n I
I _
� RAgTOFt^lBUC �.. •:_^�_, ww^revAsrEls
_ WISTEW^TFA RUIN F](fENSIWI-�.: f6 �„�•
-�_-_-_------• 1. _ _ ___
-
g �,_., ''3+['m -,..��--�_�_'S� __,rte .~_-___ �,—T, -w.—. _ �. =- -WCFxrFl+siaN•_w�� - -' F
u 3z
F � p
't --------- --�---- -�.-� •�-ter•:_.; _�_�� � `nlo"� wwNNwArn ----- •_-��-� � n
� wtsTEwATEn -
>- -
pi +-
5 E E
3
E
- y�y�y^TCp lWt1FNMlFR WNWEf �
E c
N^srtwArDl e
.e DKeN:nw
3
f
A
C157 ^
SIV 2211-000
EXHIBIT C
• Sec. 4-80. - Furnishing of water, reuse water, and sewer services outside
city limits.
(a) Conditions under which cityservices 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 (January 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
EXHIBIT D
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
150-199 3
200-249 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 PVDs. Design and development standards specifically addressed in planned unit
developments (PUDs)adopted prior to October 25, 2012 shall prevail.
14
Sec. 2-25. -Permitted Uses in the Residential Districts.
Summary use table by residential zoning district
Use
Accessory Dwelling Unit,Connected - I�
Apartment ---._. ---P _J
Assisted Living -
Group Home(six or fewer persons) P/S j
Modular Housing
Multifamily House
Single-Family,Attached -
Single-Family,Detached
Single-Family,Detached Manufactured Home -
Single-Family,Zero Lot Line
Single-Family,Village Residential
Townhouse,Single Lot or Common Lot P
Amenity Center i P
Community/Government Service -
Day Care(in home),six or fewer children -
Day Care,all other P/S
Park,Community P/S
Park,Linear/Linkage P/S
Park,Neighborhood P J
Place of Worship P J
Place of Worship(with accessory uses not exceeding 2,500 sq.ft.) P/S
Place of Worship(with accessory uses between 2,500 sq.ft.and 10,000 sq.ft.) P/S J
Public Safety Facility P
Private School,Primary or Secondary - I
Public School,Elementary or Middle P/S
Self-Enclosed Monopole - 1
Utility,Minor P/S
Utility,Intermediate P/S
WTF,Attached P/S
WTF,Stealth P/S l
Bed and Breakfast -
i
Agricultural Operations -
Fowl Raising - l
Livestock Raising -
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:
Descriptlon
MF-2
Minimum lot area 1 acre
Minimum lot width 200 ft.
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.
1 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:
adjacent to SF/TF lots when 40 ft.
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:
adjacent to SF/TF lots when 50 ft.
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:
adjacent to SF/TF lots when 40 ft.
masonry fence is used 3 stories:
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:
1. 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.
d.
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.
19
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. 8-46(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