Ordinance No. 14,469ORDINANCE NO. 14,469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A DEVELOPMENT AGREEMENT FOR THE USE OF CITY -
OWNED DETENTION FACILITIES WITH PDG BAYTOWN, LLC.; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to a Development Agreement for the Use
of City -Owned Detention Facilities with PDG Baytown, LLC. A copy of said agreement is attached
hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of t City Cou ' of the City of
Baytown this the 13" day of August, 2020.
ON CAPETILL0, M or
ATTEST: n
BRYSCH, CiK C
APPROVED AS TO
e)t�n
KAREN L. HORNER, Interim City Attorney
COBFS01 legal Karen•Files-City CounciWrdinances%20MAugust 13 DevelopmentAgreement4UseCity-OwnedDetentionFacilitieswithPDG Baytown.doc
Exhibit "A"
DEVELOPMENT AGREEMENT
FOR THE USE OF THE CITY -OWNED DETENTION FACILITIES
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Development Agreement for the Use of the City -owned Detention Facilities (the
"Agreement") is made and entered into between the City of Baytown, a municipal corporation
located in Harris and Chambers Counties, Texas (the "City"), whose address for purposes hereof
is P.O. Box 424, Baytown, Texas 77522, and PDG Baytown, LLC, a Texas limited liability
company (the "Developer"), whose address for purposes hereof is 4228 N. Central Expressway,
Suite 300, Dallas, Texas 75206.
WITNESSETH:
1.
Project Description
The Project will consist of improvements, including:
(a) the construction of a multifamily development (the "Multifamily Development")
to be located on the property owned by the Developer, more particularly
described as Reserve F2 of the Baytown Central Amended, a subdivision in
Baytown, Harris County, Texas (the "Developer's Property"), as depicted below;
and
(b) improvements to the existing detention pond located east of Developer's property
and more particularly described as Pond A of the Baytown Central, a subdivision
in Baytown, Harris County, Texas (the "Detention Pond"), to increase capacity for
detention for the Developer's Property, which Detention Pond is depicted as
follows:
(collectively the "Project").
Development Agreement for the
Use of the City -owned Detention Facilities, Page I
Il.
DeN eloger's Obligations
2.1 Obligations.
(a) Multifamily Development.
At its sole cost and expense, the Developer shall build or cause to be built and
maintained on the Developer's Property the Multifamily Development meeting the
following requirements or having the following amenities:
(1) all requirements of the Unified Land Development Code ("ULDC") for
non-residential zones including masonry, architecture and articulation as
stated in Section 3.10, which is attached hereto as Exhibit "B" and
incorporated herein for all intents and purposes, must be used for the
construction for the clubhouse, commercial waste enclosures and any
other building(s) on -site that are not multifamily dwelling units. Such
buildings must follow the requirements as if they were located in a
General Commercial Zoning District;
(2) all requirements of the ULDC for properties within the High Density
Mixed Residential (MF3) Zoning District, including, but not limited to, all
of Section 3.12, which is attached hereto as Exhibit "C" and incorporated
herein for all intents and purposes. Additionally, one hundred percent
(100%) of all sides of each building elevation on the first floors must be
constructed of masonry materials, excluding doors and windows.
(3) all mechanical equipment must be screened and shielded from view of
abutting properties, right-of-way, and parking areas with walls, fencing,
and/or landscaping;
(4) all building roof drains must be tied into storm water system to prevent
runoff that stains the building fagade and parking/driving areas; and
(5) All other requirements and standards for all building and development
codes must be satisfied.
(b) Detention Pond.
(1) At its sole cost and expense, the Developer shall excavate the Detention
Pond by approximately 6,263 cubic yards -- (i) 2,434 cubic yards to bring
the Detention Pond up to its original design capacity and (ii) 3,829 cubic
yards to add capacity to the Detention Pond for the Multifamily
Development in accordance with plans and specifications to be submitted
Development Agreement for The
Use of the City -owned Detention Facilities, Page 2
to and approved in writing by the City's Director of Public
Works/Engineering. The plans and specifications will:
a. include, but not be limited to, removal of the silt in the pilot
channel located in the Detention Pond;
b. adding the following:
1. approximately 2,343 cubic yards of capacity to bring the
Detention Pond up to its original designed capacity per the
as-builts "Baytown Central — Drainage Plans";
2. approximately 3,829 cubic yards of new capacity for the
Multifamily Development,
which shall result in the new capacity of 32,899 cubic yards for the
Detention Pond;
C. raise the perimeter around the Detention Pond in accordance with
the proposed regrade as shown in Exhibit "A," which is attached
hereto and incorporated herein for all intents and purposes; and
d. identify the area needed for a six-month temporary construction
easement, which once approved will be granted to the Developer
on a form approved by the City Attorney.
(2) Within fourteen (14) days after the City's approval of Developers plans
and specifications and prior to any construction activities occurring on the
Developer's Property, the Developer shall provide the City a payment
bond on a form approved by the City Attorney for the value of the
proposed excavation of the Detention Pond and any other offsite
improvements which may be proposed and approved by the City's
Director of Public Works/Engineering.
(c) Update and Inspection. Upon request, the Developer shall provide to the City an
update on the status of the Project, and the City shall have the right to inspect the
Project without notice at all reasonable times.
(d) Repairs. Should the Developer damage the Detention Pond or any of the City's
Property, as determined in the sole discretion of the City Manager, the Developer
shall repair the damaged property within ten (10) days of receipt of notice to do
so, unless the City determines, in its sole discretion, that repairs must be made
immediately for public health, safety or welfare reasons. If repairs are not timely
made or if the City determines that it must make the repairs without affording the
Development Asircetuent for the
Use of the City -owned Detention Facilities, Page 3
(e)
Developer the opportunity to do so, the City may repair or cause to be repaired the
Property at the Developer's sole cost and expense. The Developer shall pay all
repair expenses incurred by the City within thirty (30) days of receipt of an
invoice therefor. Late payments will accrue interest at the rate specified in
Section 2251,025 of the Texas Government Code.
THE DEVELOPER AGREES TO AND SHALL INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY
KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEYS' FEES, FOR DAMAGE
TO ANY PROPERTY, LOSS OF REVENUE, OR ANY OTHER
INJURIES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE SERVICES PERFORMED BY
THE DEVELOPER PURSUANT TO THIS AGREEMENT,
THE CONDUCT OR MANAGEMENT OF THE
DEVELOPER'S ACTIVITIES, OR FROM ANY ACT OR
OMISSION BY THE DEVELOPER, ITS AGENTS,
EMPLOYEES, VOLUNTEERS, OR SUBCONTRACTORS,
WHERE SUCH DAMAGES, LOSSES OR INJURIES ARE
CAUSED BY THE JOINT OR SOLE NEGLIGENCE OF THE
DEVELOPER. IT IS THE EXPRESS INTENTION OF THE
PARTIES HERETO, BOTH THE DEVELOPER AND THE
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY THE DEVELOPER TO
INDEMNIFY AND PROTECT THE CITY FROM THE
CONSEQUENCES OF THE DEVELOPER'S SOLE OR JOINT
NEGLIGENCE. FURTHERMORE, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO
APPLICATION TO THE CITY FOR ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY
WHERE THE INJURY, LOSS OR DAMAGE RESULTS
FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
(f) Insurance. Throughout the term of this Agreement, the Developer shall maintain
the following insurance coverage, which shall cover all persons involved in the
Project whether such persons are paid employees or volunteers. The Developer's
Develounient Agieenient for the
t Ise of the City -owned Detention Facilities, Page 4
insurance coverage shall be primary insurance with respect to the City, its
officials, employees and agents, who shall be named as additional insureds. Any
insurance or self-insurance maintained by the City, its officials, employees or
agents shall be considered in excess of the Developer's insurance and shall not
contribute to it.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement to be maintained by the
Developer and any of its subcontractors during the term hereof.
Commercial General Liability
➢ General Aggregate: $2,000,000
➢ Per Occurrence: $1,000,000
➢ Products & Completed Operations Aggregate: $1,000,000
➢ Personal & Advertising Injury: $1,000,000
➢ Coverage shall be broad form CGL
➢ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance
➢ Waiver of Subrogation required.
Business Automobile Policy (BAP)
➢ Combined Single Limits: $2,000,000
➢ Coverage for "Any Auto"
➢ Waiver of Subrogation required
3. Workers' Compensation: Statutory Limits
➢ Employer's Liability: $1,000,000
➢ Waiver of Subrogation required
Upon execution of this Agreement, the Developer shall file with the City valid
Certificates of Insurance and endorsements acceptable to the City meeting all of
the requirements herein. Additionally, the following shall be applicable to the
insurance provided by the Developer.
1. Insurance carrier must have an A.M. Best Rating of A: VII or better_
2. Only insurance carriers licensed and admitted to do business in the State
of Texas will be accepted.
Liability policies must be on occurrence form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
Qeveloptnent Agreement for the
Use of the City -owned Detention Facilities. Page 5
5. The City and its officers and employees are to be added as Additional
Insureds to liability policies.
Upon request, and without cost to City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
7. All insurance required under this section shall be secured and maintained
in a company or companies satisfactory to the City.
(g) Release. By this Agreement, the City does not consent to litigation or suit, and
the City hereby expressly revokes any consent to litigation that it may have
granted by the terms of this Agreement or any other contract or agreement, any
charter, or applicable state law. Nothing contained herein shall be construed in
any way so as to waive in whole or part the City's sovereign immunity. The
Developer assumes full responsibility for its obligations under this Agreement
performed hereunder and hereby releases, relinquishes, discharges, and holds
harmless the City, its officers, agents, and employees from all claims, demands,
and causes of action of every kind and character, including the cost of defense
thereof, for any injury to or death of any person (whether they be either of the
parties hereto, their employees, or other third parties) and any loss of or damage
to property (whether the property be that of either of the parties hereto, their
employees, or other third parties) that is caused by or alleged to be caused by,
arising out of, or in connection with the Developer's work to be performed
hereunder. This release shall apply with respect to the Developer's work
regardless of whether said claims, demands, and causes of action are covered in
whole or in part by insurance.
(h) Title. The legal title to the Detention Pond and all appurtenances related thereto
shall be vested in the City upon the City's acceptance of the same; and Developer
shall have no claim thereto.
III.
Term
Subject to and upon the terms and conditions set forth herein, this Agreement shall
continue in full force and effect from the Effective Date (as hereafter defined) until the final
completion and acceptance of the Project by City; provided that Section 4.1 of this Agreement
shall not expire but shall remain in full force and effect.
IV.
General Provisions
4.1 Non -Waiver. Failure of City to declare any default immediately upon occurrence thereof,
or delay in taking action in connection therewith, shall not waive such default, but City
Develonment Agreement for the
l �se of the City -owned Detention Facilities, Page 6
shall have the right to declare any such default at any time and take such action as might
be lawful or authorized hereunder, either in law or in equity.
4.2 Default. If Developer is in default of this Agreement, then City shall have the right to
declare Developer in default and immediately terminate the Agreement without notice,
unless otherwise specified herein, or exercise any other rights or remedies available
hereunder or as a matter of law. Developer is in default of this agreement if.
(1) Developer fails to timely perform any obligation imposed upon Developer
hereunder and does not cure the default within fifteen (15) days (unless
another period of time is specified herein) after written notice describing
the default in reasonable detail has been given to Developer or, if the City
Manager, in his sole discretion, determines that the default cannot
reasonably be cured within the fifteen (15) day period, if Developer does
not commence curative work within the fifteen (15) day period and
prosecute the work to completion with diligence;
(2) Developer institutes proceedings, whether voluntary or otherwise, under
the provisions of the Federal Bankruptcy Act or any other federal or state
law relating to bankruptcy or insolvency; or
(3) Developer makes any assignment of this Agreement not permitted in
Section 4.7 without the written approval of City.
Should City terminate this Agreement for Developer's default, City will be relieved of its
obligations hereunder and Developer shall not be entitled to utilize the Detention Pond
for the detention needs of the Multifamily Development. Additionally, should this
Agreement be terminated, City shall be entitled to seek all other relief which may be
allowed by law.
4.3 Remedies Cumulative. All rights and remedies of City and/or Developer under this
Agreement shall be cumulative and none shall exclude any other rights or remedies
allowed by law.
4.4 Amendments. This Agreement may not be altered, changed or amended, except by an
instrument in writing, signed by both parties hereto.
4.5 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, City
and Developer hereby agree that no claim or dispute between City and Developer arising out
of or relating to this Agreement shall be decided by any arbitration proceeding, including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-
14), or any applicable State arbitration statute, including, but not limited to, the Texas
General Arbitration Act, provided that in the event that City is subjected to an arbitration
proceeding notwithstanding this provision, Developer consents to be joined in the arbitration
proceeding if Developer's presence is required or requested by City for complete relief to be
recorded in the arbitration proceeding.
Development Agreement For the
Use of the City -owned Detention Facilities, Page 7
4.6 Assignment. Developer shall not assign this Agreement without first obtaining the written
consent of City; provided that nothing herein shall be construed to prevent Developer from
assigning this agreement to its construction lender as security for the development of its
project associated with this Agreement.
4.7 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail,
certified mail, return receipt requested, or by hand -delivery, addressed to the respective
parties as follows:
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
DEVELOPER
PDG Baytown, LLC
Attn: Monte Wendler
4228 N. Central Expressway, Suite 300
Dallas, Texas 75206
4.8 Binding Effect. This Agreement and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and
obligation of City and Developer and their respective successors and assigns.
4.9 Apelication of Laws. All terms, conditions, and provisions of this Agreement are subject to
all applicable federal, state and local laws and regulations, and all judicial determinations
relative thereto.
4.10 Choice of Law and Venue. This Agreement is declared to be a Texas contract, and all of the
terms thereof shall be construed according to the laws of the State of Texas. The place of
making and the place of performance for all purposes shall be Baytown, Harris County,
Texas.
4.11 Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall
not be construed for or against any party hereto on the basis that such party did or did not
author the same.
4.12 Complete Agreement. This Agreement contains the entire understanding and constitutes the
entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written,
express or implied, between or among the parties hereto, relating to the subject matter of this
Agreement, which are not fully expressed herein.
Development Agreement for the
Use of the City -owned Detention Facilities. Page 8
4.13 Duplicate Originals. It is understood and agreed that this Agreement may be executed in a
number of identical counterparts, each of which shall be deemed an original for all purposes.
4.14 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreement are inserted merely for the purpose of convenience and do not express or imply
any limitation, definition, or extension of the specific terms of the section and paragraph so
designated.
4.15 Gender and Number. The pronouns of any gender shall include the other genders, and
either the singular or the plural shall include the other.
4.16 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Agreement, and the parties hereby declare they would have enacted such remaining
portions despite any such invalidity.
4.17 Agreement Read. The parties acknowledge that they have read, understand and intend to
be bound by the terms and conditions of this Agreement.
4.18 Authority. The officers executing this Agreement on behalf of each party hereby confirm
that such officers have full authority to execute this Agreement and to bind the party he/she
represents.
EXECUTED ON this the _ day of 20 (the "Effective
Date").
CITY OF BAYTOWN
By:
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, Interim City Attorney
Development Agreement for the
Use of the City -owned Detention Caciliues, Page 9
EXECUTED ON this the 31 day of 4i, U , 20_ap.
PDG BAYTOWN, LLC, a Texas Limited
Liability Company
(Signature)
--r 4L
(Printed Name)
AaQ'K
(Title) I IC
STATE OF TEXAS
COUNTY OF e_
Before me, , the undersigned notary public, on this day personally
appeared , the of PDG
BAYTOWN, LLC, a Texas Limited Liability Company, the owner of the evelopees Property
_,� known to me;
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this_ day of 5 LAJ t. , 20010
KIM YATES
_3:f' eatsS Notary Public, State of Texas
Comm. Expires 01-30 2024
Notary ID 132338246
�h t 3nn6 W
Notary Public in And for the State of
Texas
My commission expires: N13Q L(
�cobf%01%legaAKaren%FdesiContracti Bnartvood Baytown Development Agreemenl'Baytotvn Central Development Agreemem -• Detention Pond 06262020 docx
Develo meat Agreement for the
Use of the City -owned Detention facilities_ Page 10
Exhibit "A"
Iris, Ili,!
I
Exhibit "B"
DIVISION 3. - NON-RESIDENTIAL ZONES
Sec. 3.10 - Applicability.
Any parcel zoned one or more of the non-residential zoning categories shall comply with the masonry,
architectural and site design standards listed in this section.
(a) Masonry.
(1) All building facades other than accessory use buildings less than 500 square feet,
shall have all exterior walls constructed using masonry materials in accordance
with the minimum masonry materials coverage percentage shown in table 3-2,
exclusive of doors and windows, according to the zoning district in which the
building is located and street on which the building faces.
(2) Rear facades facing a public street or parking lot shall be considered aside facade
and shall be subject to the side facade standard applicable to that zoning district
and street classification as shown in table 3-2.
Table 3-2. Non-residential minimum masonry materials coverage percentage(%) requirement.
Zoning
District
_
Building
Square
Footage
Arterial Streets, State Highway Collector and Local Street
and Interstate Highway Standards
(Freeways) Standard
Front Side Rear Front Side Rear
LC
-
80
50
0*
60
20
0*
GC
-
80
50
0*
60
20
0*
NSC
-
80
50
0*
60
K0
0*
MU
No Masonry
Standard
LI
0-50K
75
50
0*
60
50
0*
50K-100K
60
50
0*
60
50
0*
JUP
100K and 50 50
I I
No Masonry
* 50 50 0*
_
Standard
HI
Note: Rear facades facing a public street or parking lot shall be considered a side facade and
use the side facade standard applicable to that zonin district and street classification.
(b) Architectural. The following standards apply only to all building facades that face a
street or public right-of-way and to each whole story that is completely or partially
113
5/19/2020
Baytown, TX Code of Ordinances
within 40 feet in height as measured from the finished floor elevation:
(1) Articulation and relief.
a. Buildings over 40 feet in length shall have some sort of building relief of at
least 12 inches which may include pilasters, columns, niches, or other
variations in building plane.
b. Buildings over 25 feet in height shall utilize ledges, brick or stone courses, or
other variations in building plane in order to delineate each story.
(2) Style elements. Style elements affect the building(s) entrance treatment and
hierarchy, provide for architectural embellishment, or enhance the transition from
public property to private property.
a. Buildings facing any street or public right-of-way, except public alleys, shall
be required to utilize two different style elements.
b. Acceptable style elements include, but are not limited to, recessed entries,
stoops, storefront bay windows, public/private entrance differentiation,
permanent decorative awnings, canopies, overhangs, porches, arcades,
balconies, outdoor patios, public art displays, and plaza space.
(c) Site design.
(1) Sidewalks in conformance with chapters 18 and 122 of the Code of Ordinances
shall be installed from property line to property line at the expense of the property
owner in all adjacent rights -of -way prior to the issuance of a certificate of
occupancy or completion for a new commercial building.
(2) A connection from the primary building entrance to the public sidewalk system
shall be provided using an all-weather surface.
(3) Detention facilities shall be setback at least 30 feet from all public rights- of -way
and shall be screened from view from public streets. Detention facilities may
encroach into the required 30-foot setback if they are designed and maintained as
a landscaped feature. Detention facilities must be separated from all adjacent uses
by an opaque screen.
(4) Commercial waste enclosure(s). Commercial waste enclosures shall be
incorporated into the overall design of the building and landscape so that visual
impact of brush and commercial waste containers are fully contained and out of
view from adjacent properties and public rights -of -way. Commercial waste
enclosures shall be:
a. Located in the rear or side yard;
b. Subject to setback standards described in Table 3.1;
c. Placed a minimum distance of 20 feet from any public right-of-way, public
2/3
5/19/2020
Baytown, TX Code of Ordinances
sidewalk, or property line that abuts a residential zoning district or any
residential use;
d. Constructed of anyone or more of the following materials and include an
opaque gate:
• Redwood;
• Rough cedar;
• Pressure treated lumber;
Brick;
Concrete; and
• Masonry materials as defined within article IV of the ULDC.
Metal and plastic are prohibited materials for any visible exterior wall of the
commercial waste enclosure, except for the required opaque gate; and
e. A minimum height of the greater of (i) six feet or (ii) one foot taller than the
waste container; provided that the maximum height shall not exceed ten feet
in height.
(d) Landscape. The standards for landscaping are set forth in -chapter 18 of the Code of
Ordinances.
(Ord. No. 11,866, § 2(Exh. A), 2-23-12; Ord. No. 13,521 . § 1, 7-27-17; Ord. No. 13,522 . § 4, 7-27-17; Ord. No.
J3,764 . § 2, 5-10-18)
313
Exhibit "C"
Sec. 3.12 - Applicability, buildings with multiple units.
Any residential building designed for multiple units, including duplex or two-family either for rental or
condo ownership shall comply with the masonry, architectural and site design standards listed in this
section.
(a) Masonry.
(1) Sixty percent of the total exterior wall area of the first floor of each building elevation shall
be constructed of masonry materials, excluding doors and windows.
(2) Thirty percent of the total exterior wall area of the each floor above the first floor of each
building elevation shall be constructed of masonry materials, excluding doors and
windows.
(b) Architectural.
(1) Building articulation.
a. Building frontages greater than 75 feet in length shall have recessed places,
projections, windows, arcades or other distinctive features to interrupt the length of the
building facade.
b. Front and street sides of buildings visible from the public right-of-way shall include
changes in relief such as columns, cornices, bases, fenestration, and fluted masonry,
for at least 15 percent of all exterior wall area.
(2) Stairwells. Open, unenclosed stairwells shall not be allowed along any facade facing a
public street or private street system.
(3) False door or window openings. Use of false door or window opening shall be defined by
frames, sills and lintels.
(c) Site design.
(1) Parking areas designed to serve multiunit dwellings shall not be located between
residential buildings and the street or drive isle system.
(2) Sidewalks in conformance with chapter 122 of the Code of Ordinances shall be installed
from property line to property line at the expense of the property owner in all adjacent
rights -of -way prior to the issuance of a certificate of occupancy for a new multi -unit
dwelling.
(3) Building orientation:
a. Building(s) located on parcels that are adjacent to SFE, SF1 SF2, or MF1 zones shall
have a maximum height of 40 feet or shall be constructed in conformance with the
requirements of the 35-degree angle residential proximity slope as depicted in figure
3-5.
I(LW OEVnbPM M
35 DEGM REMDENI M
PROXIMITY SLOPE
Figure 3-5. Building Orientation
51NG18-FAMILY OR
MFl ZONED PROPERTY
b. Building(s) located on parcels that are adjacent to SFE, SF1 SF2, or MF1 zones shall
have a 15-foot building setback and shall provide opaque screening. Parking,
dumpsters, and mechanical equipment shall not be allowed within the setback.
c. Buildings shall front on public streets and/or private street systems.
(4) Developments shall provide a private driving aisle system consisting of limited access
driveways. At least one side of the private driving aisle system shall include sidewalks at
least five-foot wide and a planting strip between the driveway and sidewalk at least five-
foot wide that includes street trees 30-foot on center. The private street system shall
provide vehicular and pedestrian access to all parking areas and on site amenities and
must connect to the public sidewalk system in the public right-of-way.
(5) Recreation space:
a. Each development shall provide at least 100 square feet of outdoor recreation space
per dwelling unit that is intended to serve the entire development. Open space in the
required setbacks can not be counted.
b. Outdoor recreation space shall be turf area at least 3,000 square foot in size with
maximum slopes of three percent.
c. One perimeter shade tree is required for each 1,000 square foot of outdoor recreation
space.
(Ord. No. 11,866, § 2(Exh. A), 2-23-12)