NOTICE OF REGULAR MEETING AGENDA LANCASTER CITY COUNCIL MUNICIPAL CENTER CITY COUNCIL CHAMBERS 211 N. HENRY STREET, LANCASTER, TEXAS

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1 NOTICE OF REGULAR MEETING AGENDA LANCASTER CITY COUNCIL MUNICIPAL CENTER CITY COUNCIL CHAMBERS 211 N. HENRY STREET, LANCASTER, TEXAS Monday, November 12, :00 PM 5:30 P.M. DINNER: (There may or may not be a quorum of City Council members present for dinner. No City business will be transacted.) 7:00 P.M. REGULAR MEETING: CALL TO ORDER INVOCATION: Ministerial Alliance PLEDGE OF ALLEGIANCE: Councilmember Derrick D. Robinson PROCLAMATION: Veterans Day CITIZENS COMMENTS: At this time citizens who have pre-registered before the call to order will be allowed to speak on any matter other than personnel matters or matters under litigation, for a length of time not to exceed three minutes. No Council action or discussion may take place on a matter until such matter has been placed on an agenda and posted in accordance with law. CONSENT AGENDA: Items listed under the consent agenda are considered routine and are generally enacted in one motion. The exception to this rule is that a Council Member may request one or more items to be removed from the consent agenda for separate discussion and action. 1. Consider approval of minutes from the City Council Special Meeting held on August 31, 2018 and September 1, 2018; City Council Regular Meeting held on September 10, 2018; and City Council Special Meeting held on September 17, M18-17 Consider an ordinance amending Article 6.07 Fences, Section Fence construction, materials, and setback, Subsection (c) of the Lancaster Code of Ordinances, to allow R-panel as a permitted fence material in industrial zoned districts. 3. Consider an ordinance amending the Lancaster Code of Ordinances Article 6.12 Single-Family and Duplex Rental Property Regulations and various Subsections of Article 6.12 to establish Short-term Rentals (STRs) owner application and property registration regulations. 4. M18-19 Consider an ordinance amending Article (Landscape Regulations and Standards) Section (Landscape Materials & Standards) Subsection (b) Xeriscape Landscaping for a more comprehensive Xeriscape Landscape Ordinance.

2 5. M18-20 Discuss and consider an ordinance(s) amending Ordinance No (The Lancaster Development Code), Article (Permissible Uses), Section (Use Standards) Subsection (f) Retail and Personal Service Use Regulations; the Land Use Tables and Articles , Subsection Definitions to add variety store use, variety and grocery store definitions and variety store regulations. PUBLIC HEARING: 6. Z18-15 Conduct a public hearing and consider a rezoning request from Agricultural Open (AO) to SF-E Single Family Residential Estate for a portion of the property located in Lancaster, Dallas County. The property is located on the south side of Raintree Drive and is approximately 1,000 feet east of Nokomis Road and is addressed as 1522 Raintree Drive. It is further described as Lot 20 in Abstract 765 Survey M.H. Lavender and Abstract 1356 M.H. Lavender Survey, Lancaster, Dallas and Ellis County, Texas respectively. ACTION: 7. Discuss and consider a resolution authorizing the City Manager to execute an economic development agreement pursuant to Chapter 380, Texas Local Government Code, by and between the City of Lancaster and PME Oakmont Lancaster, LLC. 8. Discuss and consider a resolution ratifying the terms and conditions of an incentive grant by and between PME Oakmont Lancaster, LLC and the Lancaster Economic Development Corporation (LEDC). 9. Discuss and consider a resolution ratifying the authorization of allocation of one hundred fifty thousand dollars ($150,000) by the Lancaster Economic Development Corporation to Cedar Valley College to assist in matching a $4.8 million grant for a Heating, Ventilation, and Air Conditioning skill development program provided by Cedar Valley College. 10. Discuss and consider a resolution authorizing the City Manager to execute an economic development agreement pursuant to Chapter 380, Texas Local Government Code, by and between the City of Lancaster and Ollie s Bargain Outlet, Inc. 11. M18-06 Discuss and consider an ordinance abandoning a slope and grading easement and a portion of Eaton Avenue, within the Danieldale Resubdivision providing for the furnishing of a certified copy of the Ordinance for recording in the real property records of Dallas County, Texas as a deed; and providing an effective date. 12. M18-23 Discuss and Consider an ordinance(s) amending Ordinance No (The Lancaster Development Code), Section Special Districts Subsection (b) Historic Preservation Overlay (HPO) District (2) Core Principles, Design Guidelines and Construction Standards of the Lancaster Development Code (LDC) adopting Historic District Regulations for Historic Residential Landmarks and properties within the Historic District. EXECUTIVE SESSION: 13. The City Council shall convene into closed executive session pursuant to: a. Section , Texas Gov t Code to consider exercising the power of eminent domain to condemn a portion of the properties located along E. 3rd Street, Lancaster, Texas for the public purpose of the Third Street Bridge/Road expansion project. b. Section (1)(A), Texas Gov t Code to discuss pending or contemplated litigation regarding

3 substandard buildings and action to compel the repair or demolition of a structure under Chapter 54, Texas Local Gov t Code. c. Section (a)(1) of the Texas Government Code to deliberate the appointment, employment, evaluation, duties or dismissal of a public officer, to wit: the City Manager. d. Section (a)(1) of the Texas Government Code to deliberate the appointment, employment, evaluation, duties or dismissal of a public officer, to wit: the City Attorney. 14. Reconvene into open session. Consider and take appropriate action(s), if any, on closed/executive session matters. ADJOURNMENT EXECUTIVE SESSION: The City Council reserve the right to convene into executive session on any posted agenda item pursuant to Section (2) of the Texas Government Code to seek legal advice concerning such subject. ACCESSIBILITY STATEMENT: Meetings of the City Council are held in municipal facilities are wheelchair-accessible. For sign interpretive services, call the City Secretary s office, , or TDD , at least 72 hours prior to the meeting. Reasonable accommodation will be made to assist your needs. PURSUANT TO SECTION PENAL CODE (TRESPASS BY HOLDER WITH A CONCEALED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN. CONFORME A LA SECCION DEL CODIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO 411, CODIGO DEL GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO OCULTADA. PURSUANT TO SECTION PENAL CODE (TRESPASS BY HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY. CONFORME A LA SECCION DEL CODIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO AL AIRE LIBRE CON LICENCIA) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO AL AIRE LIBRE. Certificate I hereby certify the above Notice of Meeting was posted at the Lancaster City Hall on November 8, 6:00 p.m. and copies thereof were provided to the Mayor, Mayor Pro-Tempore, Deputy Mayor Pro-Tempore and Council members. Sorangel O. Arenas City Secretary

4 LANCASTER CITY COUNCIL City Council Regular Meeting 1. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda Goal(s): Submitted by: Professional & Committed City Workforce Sorangel O. Arenas, City Secretary Agenda Caption: Consider approval of minutes from the City Council Special Meeting held on August 31, 2018 and September 1, 2018; City Council Regular Meeting held on September 10, 2018; and City Council Special Meeting held on September 17, Background: Attached for your review and consideration are minutes from the City Council Meetings held on: August 31, 2018 and September 1, 2018; September 10, 2018; and September 17, Attachments August 31, 2018 and September 1, 2018 Minutes September 10, 2018 Minutes September 17, 2018 Minutes

5 MINUTES LANCASTER CITY COUNCIL MEETING OF AUGUST 31 & SEPTEMBER 1, 2018 The City Council of the City of Lancaster, Texas, met on August 31, 2018 in a Special Session for the first day of strategic planning at the Cedar Valley Community College, Building M Room M233, 3030 N. Dallas Avenue, Dallas, Texas at 8:45 a.m. with a quorum present to-wit: Councilmembers Present: Mayor Clyde C. Hairston Carol Strain-Burk Deputy Mayor Pro Tem Stanley Jaglowski Mayor Pro Tem Marco Mejia Derrick D. Robinson (arrived during lunch) Racheal Hill Nina Morris City Staff Present: Opal Mauldin-Jones, City Manager Sorangel O. Arenas, City Secretary David T. Ritter, City Attorney (arrived during lunch) Call to Order: Mayor Hairston called the meeting to order at 8:53 a.m. on August 31, The City Council met on the first day of a two day strategic planning session. Facilitator David Eisenlohr, The Azimuth Group and Mike Conduff, The Elim Group welcomed everyone and reviewed the agenda for the two day strategic planning session. He provided an overview and ground rules of the expectations set for the meeting. Facilitator Eisenlohr asked participants to share their expectations for the planning session. Also, with the help of Facilitator Conduff, they led team building activities. Facilitator Conduff led discussion on how to continue building stronger Council and staff organization. As well, he provided an understanding and application of the DiSC profile results to support effective governance. City Council recessed for lunch at 12:00 p.m. Facilitators Eisenlohr and Conduff led discussions on the following two questions: What are the shared aspirations for the City of Lancaster? What are the most important challenges and opportunities we face in achieving that vision? City Council recessed for a break at 3:00 p.m. Facilitators Eisenlohr and Conduff directed conversation on gap analysis and obtained responses to the following questions: Where are we today? Where do we need to be? What needs to change? Facilitators Eisenlohr and Conduff provided the recap on the first day of a two day strategic planning session. Mayor Hairston recessed the meeting at 4:27 p.m.

6 City Council Special Meeting August 31 & September 1, 2018 Page 2 of 2 MINUTES The City Council of the City of Lancaster, Texas, met on September 1, 2018 in a Special Session for the second day of strategic planning at the Cedar Valley Community College, Building M Room M233, 3030 N. Dallas Avenue, Dallas, Texas at 8:45 a.m. with a quorum present to-wit: Councilmembers Present: Mayor Clyde C. Hairston Carol Strain-Burk Deputy Mayor Pro Tem Stanley Jaglowski Mayor Pro Tem Marco Mejia Derrick D. Robinson Racheal Hill Nina Morris City Staff Present: Opal Mauldin-Jones, City Manager Sorangel O. Arenas, City Secretary David T. Ritter, City Attorney Mayor Hairston reconvened at 8:54 a.m. Facilitators Eisenlohr and Conduff opened the second day of the planning session and reflected on day one results. City Council reviewed and discussed Councils Rules and Procedures. City Council provided revisions to City Attorney Ritter. City Council recessed for lunch at 12:00 p.m. Facilitator Eisenlohr conducted discussion of strategic initiatives and the evidence of success. He facilitated and questioned the participants how the City will know they are making progress? City Council recessed for a short break at 3:15 p.m. Facilitators Eisenlohr and Conduff opened dialog and shared the availability to facilitate any discussion to additional topics of interest. MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Hill to adjourn. The vote was cast 7 for, 0 against. The meeting was adjourned at 4:27 p.m. ATTEST: Sorangel O. Arenas, City Secretary APPROVED: Clyde C. Hairston, Mayor

7 MINUTES LANCASTER CITY COUNCIL REGULAR MEETING OF SEPTEMBER 10, 2018 The City Council of the City of Lancaster, Texas, met in a called Regular Session in the Council Chambers of City Hall on September 10, 2018 at 7:00 p.m. with a quorum present to-wit: Councilmembers Present: Mayor Clyde C. Hairston Carol Strain-Burk Deputy Mayor Pro Tem Stanley Jaglowski Mayor Pro Tem Marco Mejia Derrick D. Robinson Racheal Hill Councilmembers Absent: Nina Morris City Staff Present: Opal Mauldin-Jones, City Manager Rona Stringfellow, Assistant City Manager Fabrice Kabona, Assistant to the City Manager Cheryl Womble, Administrative & Community Relations Supervisor Alton Dixon, Purchasing Agent Jasmine Carr, Community Programs Coordinator Andy Waits, Interim Assistant Public Works Director Baron Sauls, Finance Director Kenneth Johnson, Fire Chief Chris Youngman, Assistant Fire Chief Sam Urbanski, Police Chief Jason Boulton, Assistant Police Chief Charley Miller, Assistant Police Chief Dori Lee, Director of Human Resources Jermaine Sapp, Director of Equipment Services and Facilities Delajer Walker, Interim E.C. Superintendent David T. Ritter, City Attorney Sorangel O. Arenas, City Secretary Call to Order: Mayor Hairston called the meeting to order at 7:00 p.m. on September 10, Invocation: Pastor John Richardson gave the invocation. Pledge of Allegiance: Deputy Mayor Pro Tem Stanley Jaglowski led the pledge of allegiance. Proclamation: Mayor Hairston presented a proclamation to Interim E.C. Superintendent Walker proclaiming September as National Preparedness Month and asked our citizens to learn more about and to participate in emergency preparedness activities available in Lancaster.

8 City Council Regular Meeting September 10, 2018 Page 2 of 5 Consent Agenda: City Secretary Arenas read the consent agenda. 1. Consider approval of minutes from the City Council Special Meeting held on July 30, Consider a resolution canceling the City Council Regular Meeting of September 24, 2018; Work Session of November 19, 2018; Regular Meeting of November 26, 2018; and Regular Meeting of December 24, Consider a resolution approving the terms and conditions of the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between the City of Lancaster and the County of Dallas, Texas to provide funds to prevent and control crime and to improve the criminal justice system. 4. Consider a resolution approving the terms and conditions of an Interlocal Agreement by and between The University of Texas Southwestern Medical Center (UT Southwestern) and the City of Lancaster, for services related to the provision of paramedic continuing education. 5. Consider an ordinance, establishing Civil Service classifications within the Police and Fire Departments; prescribing the number of positions in each classification. 6. Consider an ordinance, establishing Civil Service assignment pay within the Police and Fire Departments; prescribing the rate in each assignment. 7. Consider a resolution, establishing Language Skills assignment pay within the general government; prescribing the rate in each assignment. 8. Consider a resolution maintaining the rate for certain fees and charges assessed and collected by the City for water service; providing a repealing clause; and providing an effective date. 9. Consider a resolution providing for the adoption of the Master Fee Schedule for all fees and charges assessed and collected by the City of Lancaster. MOTION: Councilmember Strain-Burk made a motion, seconded by Mayor Pro Tem Mejia to approve consent items 1 through 9. The vote was cast 6 for, 0 against [Morris absent]. Mayor Hairston altered the agenda. 16. An ordinance authorizing and ordering the issuance of City of Lancaster, Texas, General Obligation Bonds, Series 2018; prescribing the terms and form thereof; providing for the payment of the principal thereof and interest thereon; awarding the sale thereof; authorizing the preparation and distribution of an official statement to be used in connection with the sale of the bonds; making other provisions regarding such bonds, including use of the proceeds thereof, and matters incident thereto. City Manager Mauldin-Jones spoke on item 16 and shared the votes on November 6, 2007 Election approved the 2007 issuance of the bonds by Resolution No Subsequently, staff met with the rating agencies and our ratings have been confirmed as AA- from Standard & Poor's. She shared that Nick Bulaich, Financial Advisor of Hilltop Securities, Tonya Tarpeh, the City s Bond Counsel with West and Associates, LLP, and Finance Director Sauls are present to address any question or concerns. Nick Bulaich, spoke on item 16 and 17 and presented a presentation related to the General Obligation Bonds, Series 2018 and General Obligation Bonds, Taxable Series 2018A. He congratulated the City for receiving AA- rating from Standard & Poor s.

9 City Council Regular Meeting September 10, 2018 Page 3 of 5 Mayor Pro Tem Mejia shared his appreciation on the ratings the City received and is excited seeing the progression the City is achieving. MOTION: Councilmember Strain-Burk made a motion, seconded by Deputy Mayor Pro Tem Jaglowski to approve item 16. The vote was cast 6 for, 0 against [Morris absent]. 17. An ordinance authorizing the issuance of City of Lancaster, Texas General Obligation Bonds, Taxable Series 2018A in an aggregate principal amount of $500,000; and other matters related thereto. MOTION: Councilmember Strain-Burk made a motion, seconded by Deputy Mayor Pro Tem Jaglowski to approve item 17. The vote was cast 6 for, 0 against [Morris absent]. 10. Discuss and consider a resolution approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2018 rate review mechanism filings; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement. MOTION: Councilmember Strain-Burk made a motion, seconded by Deputy Mayor Pro Tem Jaglowski to approve item 10. The vote was cast 6 for, 0 against [Morris absent]. 11. Discuss and consider an ordinance regarding the proposed fiscal year 2018/2019 budget for the fiscal year beginning October 1, 2018 ending September 30, 2019 providing that expenditures for said fiscal year shall be in accordance with said budget. Mayor Pro Tem Mejia commended staff, the citizens of Lancaster, and the governing body regarding item 11. He stated all levels of employees will receive an increase payable adjustment and that funds are available for investments in the infrastructure and streets repairs. Deputy Mayor Pro Tem Jaglowski thanked staff for their sacrifices endured during the budget procedure. He also thanked his colleagues and City Manager. MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Hill to approve item 11. The vote was cast 6 for, 0 against [Morris absent]. 12. Discuss and consider a resolution ratifying the budget for the fiscal year 2018/2019 that results in an increase of revenues by 8.5% from property taxes than the previous year. City manager Mauldin-Jones shared in 2007 the House Bill 3195 as passed by the 80th Legislature requires the budget to be ratified when there is an increase in revenues compared to the previous year. The legislation is specific and requires separate action by the City Council. Staff recommended approval of the resolution with the stated motion mentioned in the agenda which is required by state law. MOTION: Deputy Mayor Pro Tem Jaglowski made a motion, seconded by Councilmember Strain-Burk to approve a budget that will result in an increase of revenue from property taxes than the previous year and to ratify a property tax revenue increase reflected in said budget. The vote was cast 6 for, 0 against [Morris absent].

10 City Council Regular Meeting September 10, 2018 Page 4 of Discuss and consider approval of an ordinance regarding the proposed revenue increase from levying ad valorem taxes for fiscal year 2018/2019 at $ per one hundred dollars assessed valuation of all taxable property within the corporate limits to provide revenues for current maintenance and operation expenses and interest and sinking fund requirements; providing due and delinquent dates; penalties and interest; providing a homestead exemption and disability exemption. City Manager Mauldin-Jones shared that item 13 states that the State Truth-in-Taxation law, Local Government Code and the City Charter require that an ordinance levying the ad valorem taxes be read and a public hearing held at a regular or special meeting of the Lancaster City Council. The tax rate for fiscal year 2018/2019 is proposed at $ per one hundred dollars assessed valuation on taxable property within the corporate limits. The tax dollars provide revenue for current operating and maintenance expenses and interest and sinking fund requirements. The total tax revenue will increase from properties on the tax roll in the preceding tax year by 8.5%. Staff recommended approval of the ordinance with the following motion that is required by state law: I move that the property tax rate be increased by the adoption of a tax rate of , which is effectively 8.5 percent increase in the tax rate. MOTION: Deputy Mayor Pro Tem Jaglowski made a motion, seconded by Councilmember Strain-Burk to approve item 13 by moving that the property tax rate be increased by the adoption of a tax rate of , which is effectively 8.5 percent increase in the tax rate. The vote was cast 6 for, 0 against [Morris absent]. 14. Discuss and consider an ordinance approving the proposed fiscal year 2018/2019 budget for proceeds of seized property for the Lancaster Police Department for the fiscal year beginning October 1, 2018 and ending September 30, 2019; providing that expenditures for said fiscal year shall be in accordance with said budget. City Manager Mauldin-Jones spoke on item 14 and shared that pursuant to the agreements signed by the Lancaster Police Department and the State Attorney General and United States Department of Justice to share the use of property and/or proceeds from seizures in connection with combined law enforcement activities, the Police Chief is submitting to the City Council a proposed budget of the expenditures for conducting the affairs of the Lancaster Police Department throughout the fiscal year beginning October 1, 2018 and ending September 30, The proposed budget for Budget Expenditures Police Seized for FY is at a total of $96, (State at $60, and Federal at $36,171.02). Staff recommended approval of the ordinance, as presented. MOTION: Councilmember Strain-Burk made a motion, seconded by Deputy Mayor Pro Tem Jaglowski to approve item 14. The vote was cast 6 for, 0 against [Morris absent]. 15. Discuss and consider an ordinance amending the Tribute at Mills Branch Public Improvement District Five Year Service Plan, adopted by Ordinance No , as hereby amended by increasing the Tribute at Mills Branch Public Improvement District Five Year Service Plan for the current fiscal year 2017/2018 by a total of $23, City Manager Mauldin-Jones spoke on item 15 and shared that on September 11, 2017, the Lancaster City Council approved the Tribute at Mills Branch Public Improvement District (PID) Five Year Service Plan for the 2017/2018 budget year. In the FY 2017/2018 the Tribute at Mills Branch PID Board did not allocate enough funds in specific line items for Insurance, Water Purchases, Contract Mowing, management fees, and Dallas County tax collection. The PID has a fund balance available and wishes to utilize those funds. This budget amendment is to allow Tribute at Mills Branch Public Improvement District Board to increase their FY 2017/2018 Five Year Service Plan, adopted by Ordinance Number

11 City Council Regular Meeting September 10, 2018 Page 5 of increasing the Insurance by $354.00, the Water Purchases by $6,370.00, the Contract Mowing by $11,526.00, the Administrative Management fee by $4, and the Dallas County Tax Collection Services by $ for a total of $23, from their fund balance. The PID currently has $39, available within their fund balance. Staff recommended approval of the ordinance, as requested. MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Hill to approve item 15. The vote was cast 6 for, 0 against [Morris absent]. MOTION: Councilmember Strain-Burk made a motion, seconded by Mayor Pro Tem Mejia to adjourn. The vote was cast 6 for, 0 against [Morris absent]. The meeting was adjourned at 7:38 p.m. ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor

12 MINUTES LANCASTER CITY COUNCIL SPECIAL MEETING OF SEPTEMBER 17, 2018 The City Council of the City of Lancaster, Texas, met in a called Special Session in the Council Chambers of City Hall on September 17, 2018 at 7:30 p.m. with a quorum present to-wit: Councilmembers Present: Mayor Clyde C. Hairston Carol Strain-Burk Deputy Mayor Pro Tem Stanley Jaglowski Mayor Pro Tem Marco Mejia Derrick D. Robinson Racheal Hill Nina Morris City Staff Present: Opal Mauldin-Jones, City Manager Rona Stringfellow, Assistant City Manager Fabrice Kabona, Assistant to the City Manager Jasmine Carr, Community Programs Coordinator Sean Johnson, Director of Quality of Life and Cultural Services Baron Sauls, Finance Director Kenneth Johnson, Fire Chief Sam Urbanski, Police Chief Dori Lee, Director of Human Resources Bruce Taylor, HR Generalist Delajer Walker, Interim E.C. Superintendent David T. Ritter, City Attorney Sorangel O. Arenas, City Secretary Call to order: Mayor Hairston called the meeting to order at 8:53 p.m. on September 17, Proclamation: Mayor Hairston presented a proclamation to Director of Quality of Life and Cultural Services Johnson proclaiming September 15, 2018 through October 15, 2018 as Hispanic Heritage Month and asked our citizens to recognize the role that our Hispanic community has played in enhancing and contributing to the rich diversity in our City. Consent agenda: City Secretary Arenas read the consent agenda. 1. Consider an ordinance(s) amending Ordinance No (The Lancaster Development Code), Article (Permissible Uses), Section (e) (Use Standards) and the Land Use Tables to add (+) Permitted With Conditions and the Conditions to certain event centers where alcohol is available or served. MOTION: Mayor Pro Tem Mejia made a motion, seconded by Councilmember Morris to approve consent item 1. The vote was cast 7 for, 0 against. Mayor Hairston shared that the applicant requested to table items 2, 3, and M18-04 Discuss and consider an amendment to the City of Lancaster Comprehensive Plan's Future Land Use Map regarding an approximately 19.7 acre property located on the south side of West Wintergreen Road and east side of Longhorn Drive within the Maraday Parks Survey, Abstract 1120, the property is specifically addressed as 2620 W. Wintergreen Road, Lancaster, Dallas County, Texas.

13 City Council Special Meeting September 17, 2018 Page 2 of 4 3. Z18-04 Conduct a Public Hearing and consider a rezoning request from Agriculture Open (A-O) to Light Industrial (LI). The property is approximately acres located on the southside of West Wintergreen Road and Eastside of Longhorn Drive. The property is within the Maraday Parks Survey, Abstract 1120, specifically addressed as 2620 Wintergreen Road, Lancaster, Dallas County, Texas. 7. M18-11 Discuss and consider an appeal of the Sign Control Board decision regarding a request to Section (J)(2 and 3) Pole Signs and allow for the installation of a 45 feet tall and square feet maximum area pole sign. The property is located on the eastside of I- 35E and 0.15 miles south of Danieldale Road specifically addressed as 3404 N. I-35E, Lancaster, Texas. City Manager Mauldin-Jones shared that since the public hearing items 2 and 3 were noticed in the record of publication, she requested the items to be tabled to the October 8, 2018 Regular Meeting. MOTION: Councilmember Morris made a motion, seconded by Councilmember Strain-Burk to table items 2 and 3 to the October 8, 2018 Regular Meeting. The vote was cast 7 for, 0 against. 4. Conduct a public hearing and consider a resolution adopting the Lancaster City Council's Rules and Procedures, as amended. City Secretary Arenas spoke on item 4 and shared that City Council reviewed the Rules and Procedures during the Annual Strategic Planning Session. A complete redlined copy is attached along with a clean version. Mayor Hairston opened the public hearing. There were no other speakers. MOTION: Councilmember Morris made a motion, seconded by Councilmember Strain-Burk to close the public hearing. The vote was cast 7 for, 0 against. MOTION: Mayor Pro Tem Mejia made a motion, seconded by Councilmember Strain-Burk to approve item 4. The vote was cast 7 for, 0 against. 5. Z18-11 Conduct a Public Hearing and consider an ordinance granting a Specific Use Permit (SUP) request for in-home daycare at a property addressed as 2947 E. Pepperidge Drive, Lot 19, Block D in Lancaster North 2 Phase 1 Subdivision. The property is located within the John Hall Survey, Abstract No. 601, City of Lancaster, Dallas County, Texas. City Manager Mauldin-Jones spoke on item 5 and shared the request is for an in-home daycare for up to twelve (12) children ranging from 8 months to after-school age children. The in-home daycare has not yet obtained State license and is hoping to start operating in October As noted above, the LDC requires in-home day cares to obtain a Specific Use Permit (SUP) in all Residential zoning districts. The applicant is therefore seeking to have their business in compliance with the City's required permits prior to commencing operation. In-home daycare is classified as a home occupation and must meet Section Use Standards, Subsection (b) Residential and Lodging Use Conditions (7) Home Occupation regulations of the Lancaster Development Code. The in-home daycare at property address 2947 E. Pepperidge Drive is primarily residential and the in-home daycare use is a secondary use to residential. The applicant is currently not operating the daycare and plans to have up to 12 children with four (4) children that are under 2 1/2 years old and the rest of the children three (3) years old and older. The daycare will be operated from 6:00 a.m. - 6:00 p.m. and the applicant plans to employ two people. On September 4, 2018 the Planning and Zoning Commission recommended approval of the SUP to: 1) Less than six (6) under the age of two and half years old (2 1/2) being kept on the first floor with a level of exit discharge. 2) If more than five (5)

14 City Council Special Meeting September 17, 2018 Page 3 of 4 children under the age of two and half years old (2 1/2) are kept on the premise, an automatic fire sprinkler system is required. 3) Compliance with Home Occupation Regulations. 4) Clearance of inoperable vehicles in the driveway before a Certificate of Occupancy can be issued. 5) The children's play stations be moved to the back yard before a Certificate of Occupancy can be issued. Staff concurs with the Planning and Zoning Commission. On August 23, 2018, a notice for this public hearing appeared in the Focus Daily Newspaper. Staff received one (1) notification in opposition and (1) in support of this SUP request. Councilmember Hill inquired how staff will be notified when the inoperable vehicles are removed. City Manager Mauldin-Jones shared that the applicant must clear inoperable vehicles in the driveway before a Certificate of Occupancy can be issued. If any vehicles return after the issuance, the applicant will be in violation of the stipulations. City Attorney Ritter shared the definition of inoperable vehicles on private properties states the number of days allowed on the property. After the number of days exceed, the application may receive a violation and notice with the Municipal Court or may be a condition to revoke the Specific Use Permit (SUP). Councilmember Strain-Burk shared her concerns the animals were not immunized or microchipped. City Manager Mauldin-Jones stated that staff received one (1) notification in opposition and the Planning and Zoning Commission did not stipulate as one of the conditions. However, the Animal Shelter Department is aware and will visit the property to ensure the animals are in compliance with State and Local Regulations. Mayor Hairston opened the public hearing. There were no other speakers. MOTION: Councilmember Robinson made a motion, seconded by Councilmember Strain-Burk to close the public hearing. The vote was cast 7 for, 0 against. MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Morris to approve item 5 and add stipulation for confirmation by City Animal Control personnel that all animals kept on-site meet state and local regulations regarding immunizations and microchipping. The vote was cast 7 for, 0 against. 6. Discuss and consider an exception to the development street frontage requirement from the Lanport Overlay District for the proposed warehouse and distribution building that will be located on the southwest corner of East Wintergreen Road and North Lancaster-Hutchins Road. City Manager Mauldin-Jones spoke on item 6 and shared the property is located on the southwest corner of East Wintergreen Road and North Lancaster-Hutchins Road. The subject property is currently zoned LanPort Overlay District, within the Intensity Sub-district. The applicant received Preliminary Plat Lancaster Commerce Center approved by the Planning and Zoning Commission on January 2, The Comprehensive plan identified the site as suitable for the proposed use. The applicant proposed to construct a warehouse distribution center on the southwest corner of East Wintergreen Road and North Lancaster-Hutchins Road. The site is unique in that it is bordered on the north by Wintergreen Road, on the northeast by an Oncor electric easement and the far east by Lancaster-Hutchins Road. Oncor does not allow building construction within their easement as can be reflected by the Adesa Dallas property to the north which was only granted parking rights on the Oncor easement. The Building Placement requires a minimum of 80 (eighty) percent of the total building frontage to be built on the build-to lines. The remaining 20 (twenty) percent may be set back further. The build-to-line is 100 feet from the property line on both West Wintergreen Road and North Lancaster-Hutchins Road. The purpose and intention of this standard is to create a campus feel to this area and bring buildings up closer to the streets. Staff recommended approval of item 6.

15 City Council Special Meeting September 17, 2018 Page 4 of 4 Mayor Pro Tem Mejia spoke in favor of item 6. MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Hill to approve item 6. The vote was cast 7 for, 0 against. MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Morris to adjourn. The vote was cast 7 for, 0 against. The meeting was adjourned at 9:17 p.m. ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor

16 LANCASTER CITY COUNCIL City Council Regular Meeting 2. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: M18-17 Consider an ordinance amending Article 6.07 Fences, Section Fence construction, materials, and setback, Subsection (c) of the Lancaster Code of Ordinances, to allow R-panel as a permitted fence material in industrial zoned districts. Background: As prescribed in the City Council rules and procedures as amended September 2017, Section D. City Council Agenda Process, Subsection 1.b., Mayor Pro Tem Marco Mejia requested that an item be included on the agenda for the purpose of discussing Article 6.07 Fences, Section Fence construction, materials, and setback, Subsection (c) of the Code of Ordinances, to permit R-panel as a matter of right in industrial zoned districts. At the September 17, 2018 City Council Special Meeting and Work Session, the Council deliberated on allowing R-panel fence material by right in industrial zoned districts. After much discussion, the Council requested staff to research City of Lancaster survey Cities and find out if these cities allow the use of R-panel as fencing material. Research results from survey cities indicate that most of the cities only refer to the use of R Panels as it relates to roof materials in their industrial or commercial districts. Council requested staff draft an ordinance for consideration. At the October 15, 2018 City Council Work Session, City Council considered staff's additional information and draft ordinance on R- panel fence. City Council requested staff to prepare a final ordinance amending Article 6.07 Fences, Section Sec Fence construction, materials, and setback (c) of the Code of Ordinances, to allow R-panel as a permitted fence material in industrial zoned districts. Operational Considerations: R-panel fence can be an allowable material in industrial areas not adjacent to or in close proximity of neighborhood, residential or mixed-use properties. In these areas the vision as communicated through the comprehensive land use plan indicated the desire to have more aesthetically comparable materials to enhance and compliment residential and light-industrial uses being co-located within the same area. R-panel within areas that are solely industrial, intended to transition to isolated, or encapsulated within a designated area is within the defined vision of the comprehensive land use plan. At the request of the City Council and to give industrial property owners fencing options, the proposed ordinance prohibits the use of R-panels as fencing material in industrial areas that are adjacent to or in close proximity, facing and/or adjoining residential neighborhoods, residential or mixed use properties and areas that are along major arterials. However, the proposed ordinance allows the use of R-panel fencing by right in all industrial zoning districts intended to transition to industrial zoning districts and/or encapsulated within designated areas. Legal Considerations:

17 The ordinance has been reviewed and approved as to form by the City Attorney. Public Information Considerations: This item is being considered at a Special Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. City Council may approve the ordinance, as presented. 2. City Council may approve the ordinance with changes and state those changes. 3. City Council may deny the ordinance. Recommendation: Staff recommends approval of the ordinance, as presented. Attachments Ordinance Currently Industrial Zoned Properties R-Panel Fence Images

18 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANCASTER, TEXAS, AMENDING THE LANCASTER CODE OF ORDINANCES, CHAPTER 6, "BUILDING REGULATIONS" ARTICLE 6.07 "FENCES", BY AMENDING SECTION , "FENCE CONSTRUCTION, MATERIALS AND SETBACK"; PROVIDING FOR FENCE CONSTRUCTION AND MATERIALS AND ADDING A NEW R-PANEL PROVISION TO SUBSECTION (C); PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lancaster, Texas has determined that it is in the best interest of the City to provide for fence construction, materials, and setback a new R-panel provision to subsection (c) of Section Fence Construction, Materials and Setback for fencing erected in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the Lancaster Code of Ordinances be, and the same is, hereby amended by adding R-panel to Subsection (c), add a new section ((d) and change the current (d) to (e) of Section "Fence Construction, Materials and Setback" of Article 6.07, "Fences", Division 1. "Generally" of Chapter 6 "Building Regulations" to read as follows: Article 6.07, Fences "Sec Fence Construction, Materials, and Setback (a) All fences, unless prohibited elsewhere in this Article, shall be constructed or maintained with wood, brick, stone, concrete, vinyl, ornamental iron or other materials as approved by the City Manager or his/her designee. Fence posts shall be constructed or made of metal, brick, stone, concrete, fiberglass or other material as approved by the City Manager or his/her designee. All fence posts must be placed at a depth of at least twenty-four (24) inches into the ground filled and anchored with concrete footers or encasement. (b) The City Council of the City of Lancaster is hereby designated the appeal body to hear any appeals to decisions rendered from the strict application of this section. Any material proposed not outlined in the above ordinance is considered prohibited for use as a fence construction material. (c) Except as otherwise set forth in Subsection (d), fencing in Commercial and Industrial districts behind the front building line shall be constructed of the primary masonry materials of the building, wrought iron, living plant material or other material as approved by the City Manager or his/her designee except that R-panel as fencing material shall be allowed by right in all industrial zoning districts, areas intended to transition to industrial zoning districts and/or encapsulated within designated areas. (d) Notwithstanding anything herein to the contrary, R-panels as fencing material are prohibited in industrial areas that are adjacent to, in close proximity, facing and/or adjoining residential neighborhoods, residential or mixed use properties and areas that are along major arterials (e) All fences shall be set back a minimum of five (5) feet from the front of a structure. In the, event that district-specific fence regulations duly adopted by the City Council conflict with this subsection (d), those district-specific regulations will control."

19 SECTION 2. That all provisions of the Code of Ordinances in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Code of Ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person, firm, or corporation violating any provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the City of Lancaster, as heretofore amended and upon conviction shall be punished by a fine not exceeding $ The penalty imposed for a violation of this ordinance shall not exceed or be less than the penalty prescribed by state law, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

20 HOUSTON SCHOOL RD JEFFERSON ST WHEATLAND RD City of Lancaster Industrial Zoned Districts/Properties DANIELDALE RD CEDARDALE RD TELEPHONE RD BONNIE VIEW RD WINTERGREEN RD HOUSTON SCHOOL RD DALLAS AVE WINTERGREEN RD 35E PLEASANT RUN RD PLEASANT RUN RD LANCASTER HUTCHINS RD BELT LINE RD MAIN ST BELT LINE RD FERRIS RD Legend PARKERVILLE City Limits Industrial Properties Zoning Lanport District Light Industrial BEAR CREEK RD DALLAS AVE/HWY 342 I Lancaster Miles date: 5/19/2018

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22 LANCASTER CITY COUNCIL City Council Regular Meeting 3. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: Consider an ordinance amending the Lancaster Code of Ordinances Article 6.12 Single-Family and Duplex Rental Property Regulations and various Subsections of Article 6.12 to establish Short-term Rentals (STRs) owner application and property registration regulations. Background: During the Strategic Planning Session in June and July of 2017, City Council identified the goal to establish a program to address short-term rentals. While a few years ago, when traveling, housing options were generally staying with a friend, family or a hotel, nowadays, sharing homes has been commonplace for as long as there are spare rooms and comfortable couches. Whether through word of mouth, ads in newspapers or flyers on community bulletin boards, renters and homeowners alike have always managed to rent out or share rooms in their living spaces. Traditionally, these transactions were decidedly analog, local and limited in nature. However, with the advance of the internet and websites, such as Airbnb.com and HomeAway.com, it has become possible for people to advertise and rent out their homes and spare bedrooms to complete strangers from far-away with a few mouse-clicks or taps on a smartphone screen. As a result, the number of homes listed for short-term rent has grown to about 4 million, a 10 time increase over the last 5 years. Short-term rentals (STRs), a form of Bed and Breakfast facilities, are owner occupied private homes which offer lodging for paying guests, serve breakfast to these guests and which contain one or more guest bedrooms. In some cases the owner is not present and they rent out the entire home in lieu of a hotel stay. This rapidly growing trend has resulted in an increase of available home rentals. With this rapid growth, many communities across the country are for the first time experiencing the many positive and negative consequences of an increased volume of "strangers" in residential communities. While cities are starting to accept home sharing as a way to enhance tourism and economic development that cities have not historically captured in STR's, there are also many potential issues and negative side-effects that need regulations to protect the well-being and property of the local residents as well as the safety of the visitors by adopting sensible and enforceable regulations. Regulations of STR's have been addressed in a variety of ways in various cities in the State of Texas from out-right prohibition to the actual licensing of the use. Staff conducted research to determine how the programs are being addressed within our survey cities. Farmers Branch after discussing the issue at one of their work sessions decided to wait on adopting regulations for vacation rentals and have their City Attorney contact both Airbnb and Vacation Rentals By Owners (VRBO) to ask their hosts in Farmers Branch to pay the Hotel tax. The City of Coppell passed a short-term rental ordinance on June 12, 2018 with registration, inspection, restrictions, brochure and safety requirements, neighborhood notification, violation and penalties in addition to registration terms, fees and renewal. The City of Coppell is now in the implementation stage and is using Host Compliance as their third part consultant.

23 On February 6, 2018, the City of Fort Worth passed an ordinance that prohibits STR 's from their single and two family residential districts on the same day that City of Southlake adopted an ordinance which prohibits STR's in its city. While not adopting a specific ordinance, the City of Keller classifies Short-term Rentals as Bed and Breakfast (tourist homes) which require a Specific Use Permit (SUP). The City of San Marcos passed an Ordinance, in August of 2017, which provides for the on-line registration of STR's. The ordinance was written in response to one problem property in their Historic District. Since the ordinance was passed, they have been sending letters to known STR's with ordinance provisions and requesting that property owners register. They sent out 50 letters and received 8 responses. San Marcos staff researches the location of STR's through social media and once they determine a location, they cross reference with CAD to make sure that it is their primary residence. San Marcos STR's are limited to primary residences only that must pay hotel/motel taxes, and a $50.00 yearly fee registration. The registration process is all on-line with no inspections. The ordinance limits the occupancy to two adults per bedroom plus two adults. The City of Austin, in 2016, adopted the most stringent short-term rental ordinance. The ordinance bans certain types of rentals throughout most of the city and places restrictions on those that remain. Among other things, the ordinance prohibits more than six (6) adults from being present at a short-term rental at any time and imposes a bedtime on guests' activities "other than sleep" after 10 p.m. To enforce these restrictions, the ordinance requires that owners and guests submit to warrantless searches by city police or code department officers of the home at "any reasonable time." The City of Austin STR's has three (3) types of STR' s, Type 1- owner occupied homes, Type 2 - not owner occupied and type 3 - multifamily and commercial. The STR's are licensed by the city and require proof of insurance, Hotel/Motel taxes and a Certificate of Occupancy after a certified, 3rd party inspection. The ordinance also has a provision that the non-owner occupied STR's comprise no more than 3% of all units in a census tract. Notification is given to all properties within 100 feet of a short-term rental. The ordinance also requires items such as noise not exceeding 75 decibels, restrictions on outside assembly, no more than two adults per bedroom plus two adults. The City of Austin's STR's regulations have been challenged in court. Additionally, Deputy Mayor Pro Tem Jaglowski provided documents to City Council via a memo dated July 26, The documents included: "Instructions for Completing the City of Fredericksburg Hotel Occupancy Tax Report', Short-term Rental Permit Application for Fredericksburg, in addition to Short-term Rental Ordinance and License Requirements Frequently Asked questions from the City of Waco. The City Council discussed short-term rentals at meetings held June 18, September 17 and October 15, 2018 and requested the ordinance be presented for consideration. Operational Considerations: The Lancaster Development Code (LDC) defines Bed and Breakfast as single family owner-occupied house offering rooms with breakfast on a nightly basis for a fee and Section Use Standards (b) Residential and Lodging Use Conditions (3) Bed and Breakfast Operation stipulates the following conditions: (3) Bed and Breakfast Operation: A. A bed and breakfast must be located on an owner-occupied single family lot, or on an immediately adjacent lot. B. One (1) parking space per bedroom to be rented shall be provided above the single family parking requirement. C. No outside advertising shall be allowed on the lot unless located in a non-residential zoning district or permitted by an SUP. D. A permanent wired smoke alarm system meeting all City codes shall be installed. E. The premises shall pass a fire code inspection before opening and on an annual basis thereafter. F. All applicable hotel/motel taxes shall be paid. G. The maximum length of stay is limited to 14 consecutive days in any 30 day period. H. Certificate of Occupancy permit shall be obtained prior to occupancy. Staff reached websites associated with home share rentals such as AirBnB.com, HomeAway.com and ShortTermHousing.com to determine how many of these type offerings were within the City of Lancaster.

24 AirBnB has a total of nine (9) and HomeAway has one (1) in the City of Lancaster. Short-term Housing does not give you access to home share rental properties. The website only allows you to request a quote, with no option to browse their housing stock. Staff contacted Host Compliance LLC, a leader in short-term rental compliance monitoring and enforcement solutions for local governments and they indicated that they were aware of 12 short-term rentals in the City of Lancaster as of June, The amendment includes adding Short Term Rentals to Article 6.12 Title, Definitions, Purpose, Change in tenancy and Inspection required. Legal Considerations: The attached ordinance has been reviewed and approved as to form by the City Attorney. Public Information Considerations: This item is being considered at a Special Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. City Council may approve the ordinance, as presented. 2. City Council may deny the ordinance. Recommendation: Staff recommends approval of the ordinance, as presented. Attachments Ordinance AirBnB Lancaster Home Share Rental Properties Map HomeAway Lancaster Home Share Rental Properties Map

25 ORDINANCE NO. ORDINANCE OF THE CITY OF LANCASTER, TEXAS, AMENDING THE LANCASTER CODE OF ORDINANCES, ARTICLE 6.12 SINGLE-FAMILY AND DUPLEX RENTAL PROPERTY REGULATIONS BY ADDING SHORT TERM RENTALS TO ARTICLE 6.12 TITLE AND VARIOUS SUBSECTIONS OF THE ARTICLE SUCH AS DEFINITIONS, PURPOSE, CHANGE IN TENANCY AND INSPECTION REQUIRED; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of Lancaster has determined that it is in the best interest of the City to establish short-term rentals owner and property registration regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the Lancaster Code of Ordinances be, and the same is, hereby amended by adding short-term rentals to Article 6.12 Title, Definitions, Purpose, Change in tenancy and Inspection required, which shall read as follows: ARTICLE 6.12 SINGLE-FAMILY, DUPLEX AND SHORT TERM RENTAL PROPERTY REGULATIONS Sec Definitions For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Bedroom. A room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entryway, garage, patio, or breezeway. Building. Any structure having a roof that is built, maintained, or intended for use for the shelter or enclosure of persons, animals, or property of any kind. Building line. Any line parallel or approximately parallel to a lot line and beyond which no buildings may be erected. Building official. The officer or other designated authority charged with the administration and enforcement of this article. Certificate of occupancy. An official certificate issued by the city through the chief building official which indicates conformance for legal use of the premises for which it is used. Duplex. One dwelling divided into two units on one property.

26 Dwelling. Any building providing complete independent living facilities for one family to include permanent provisions for living, sleeping, eating, and cooking. Family. Any number of individuals living together as a single housekeeping unit in which not more than two individuals are unrelated by blood, marriage, or adoption. Foster children shall be considered as a related member of the family. Landlord. Any owner, resident, or nonresident, who leases, barters, or rents his singlefamily residence to another. Nonresident owner. Any person who does not live, stay, or dwell in a single-family home in which he/she owns. Occupancy. The use or intended use of the land or buildings by proprietors or tenants. Owner. A person claiming, or who is vested in the ownership, dominion or title of real property. Premises. A lot, plot or parcel of land, including any structure thereon and furthermore including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant. Short Term Rental. Short-term rental (STR) is defined as the rental of any residence or residential structure, or a portion of a residence or residential structure for a period of less than thirty (30) days. The term does not include: (1) a bed and breakfast; or (2) a hotel or residence/hotel. Single-family residence. A detached building containing not more than one dwelling unit entirely surrounded by open space on that lot. Tenant. Any person who occupies a dwelling unit for dwelling purposes with the landlords consent. (Ordinance adopted 6/13/16) Sec Purpose The city recognizes a need for an organized inspection program of residential rental properties within the city to meet city and state life safety, health, fire, and development codes and to provide a more efficient system for compelling both absentee and local landlords to correct violations and to maintain, in proper condition. The city recognizes that the most efficient system to provide registrations and rental inspections is the creation of a program requiring registration and issuance of a certificate of occupancy for all single-family, duplex and short-term rental properties within the city so that rental properties can be identified and orderly inspections can be made.

27 (Ordinance adopted 10/10/16) Sec Building official, power and duties (a) The building official is hereby designated as the administrator of this article. (b) In addition to the powers and duties otherwise prescribed for the building official or his designated representative, as administrator of this article, he is required to: (1) Administer and enforce all provisions of this article. Keep records of all licenses issued. (2) Adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of application for registration, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article. (3) Conduct on his/her initiative, periodic inspections of residential rental properties throughout the city, concerning their compliance with this article. (Ordinance adopted 6/13/16) Sec Registration requirements No person shall hereafter occupy, allow to be occupied or rent or let to any another person for any occupancy any residential rental property, including but not limited to a short-term rental property within the city for which an annual registration has not been completed and filed with the division of building inspections. (Ordinance adopted 10/10/16) Sec a Change in tenancy When a rental residence is vacated by the tenant, the owner must apply for and receive a certificate of occupancy from the building official prior to the property being occupied by a new tenant. The building official or his designated representative will inspect the property and premises for compliance with this code, the International Property Maintenance Code, International Building Codes and other applicable ordinances of the city. If deficiencies are found the building official may prohibit occupancy of the residence and premises until such time as the owner takes action needed to bring the residence and premises into compliance. The inspection required by this section shall apply to all dwelling units and premises prior to its original occupancy as a rental property.

28 Sec b Tenant Record List Short-term rental property owners are required to keep a complete record of each and every tenant and occupant of each of their short-term rental properties located within the City limits. Such records shall be maintained for a period of no less than eighteen (18) months from the date of rental or occupancy and shall be made available to the City immediately upon request. Sec Inspection required (a) (b) All single-family and duplex rental properties that rent to permanent residents shall be inspected upon any change of tenancy according to the rental property checklist. All short-term rental properties shall be inspected every six (6) months to ensure the property meets applicable City and state life safety, health and fire codes for the health and welfare of both the property owners and guests. (c) A re-inspection will not be necessary if the owner (or property manager) submits sufficient proof to the city from which the city is able to determine that all noted violations have been appropriately repaired. Sufficient proof shall include an affidavit stating that the repairs have been completed, a copy of the receipt for materials used in the repair or a receipt for the work done to make the repair, and photographs of the repair(s). No certificate shall be issued, and no release of utilities shall be given if, as a result of an inspection, it is determined that the premises does not comply with the minimum housing standards contained in this code. Sec Certificate issued When the building official determines that a rental property and premises are in compliance with the provisions of this and other applicable codes, the building official shall issue a certificate of occupancy. (Ordinance adopted 6/13/16) Sec Rental property registration fee The annual fees and/or inspection fees for activities and services performed by the building inspection division in carrying out its responsibilities under this code shall be as indicated in the fee schedule as established by resolution of the city shall be charged for compliance with this article. (Ordinance adopted 10/10/16) Sec Penalty Any person, firm, corporation or corporation violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction in the

29 municipal court of the city, shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense. Every day a violation occurs shall constitute a separate offence. (Ordinance adopted 6/13/16) SECTION 2. That all provisions of the Lancaster Development Code in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the Lancaster Development Code not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Lancaster Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Lancaster Development Code, as amended hereby, which shall remain in full force and effect. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the provisions of the Code of Ordinances of the City of Lancaster, Texas, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Lancaster, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. This Ordinance shall become effective from and after its passage and publication as required by law. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: Sorangel O. Arenas, City Secretary APPROVED Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

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32 LANCASTER CITY COUNCIL City Council Regular Meeting 4. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: M18-19 Consider an ordinance amending Article (Landscape Regulations and Standards) Section (Landscape Materials & Standards) Subsection (b) Xeriscape Landscaping for a more comprehensive Xeriscape Landscape Ordinance. Background: Adopt Xeriscape Amendments to the Lancaster Development Code (LDC) was one of City Council goals and objectives for the fiscal year 2017/2018. In February, 2018, staff secured the services of an Arborist to review and provide suggestions for amending to the Xeriscape Landscaping Ordinance. On October 15, 2018, staff presented the proposed comprehensive Xeriscape Landscape concept to City Council. The Council requested staff to prepare an ordinance for City Council's consideration. The intent of this item is for City Council to consider amending the Landscape Regulations and Standards to make a Xeriscape landscaping subsection more comprehensive through Xeriscape landscaping principles and a list of approved Xeriscape plant species. The current Xeriscape Landscape Section is as follows: Sec Landscape Materials & Standards (b) Xeriscape Landscaping: (1) Xeriscape landscaping is an innovative, comprehensive approach to landscaping to promote water conservation. Xeriscape landscaping incorporates seven basic principles: planning and design, soil analysis, appropriate plant selection, practical turf areas, efficient irrigation, use of mulches and appropriate maintenance. (2) In order to reduce excessive water use, Xeriscape landscaping is encouraged. The total square footage of the required landscape area may be reduced by twenty percent (20%) if all landscaping materials have lower water demand, as identified by the Texas A&M Extension Service. Presently, the Xeriscape landscaping section mentions seven basic Xeriscape landscaping principles and does not give details on what those principles entails. The proposed ordinance details the seven principles starting from planning and designing the landscape to maintaining a cool yard full of beautiful plants while saving gallons of water. The ordinance goes further to give a list of approved Xeriscape plant species with a wide variety of options to choose from. Because Xeriscape principles can reduce maintenance by as much as 50 percent, the ordinance allows for 100% Xeriscape landscaping should the property owner desire Xeriscape landscaping option.

33 Across the United States, nearly 9 billion gallons of water are used each day for landscape irrigation. As water conservation becomes increasingly important, property owners are more interested in learning how to use less water. Xeriscape landscaping is quality landscaping that conserves water and protects the environment, it is not just cactus and rock gardens but encompass a green and cool yard full of beautiful plants yet still saving water. Xeriscape landscaping uses less water because it s based on designs and plants suited to their location. A well-designed landscape that uses Xeriscape principles can reduce maintenance by as much as 50 percent. Saving water translates to saving money and sustainable beautiful landscapes throughout the City. Staff therefore highly recommends the adoption of a comprehensive Xeriscape Landscaping Ordinance. Examples of Xeriscape landscaping include but are not limited to the following images:

34 Operational Considerations: The attached ordinance covers and gives details on the following seven principles of Xeriscape landscaping: 1. Planning and design. 2. Soil analysis 3. Practical turf areas 4. Appropriate plant selection 5. Efficient irrigation. 6. Use mulches 7. Appropriate maintenance Legal Considerations: The attached ordinance has been reviewed and approved as to form by the City Attorney. Public Information Considerations: This item is being considered at a Special Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. City Council may approve the ordinance, as presented. 2. City Council may approve the ordinance with some changes and state those changes. 3. City Council may deny the ordinance. Recommendation: Staff recommends approval of the ordinance, as presented. Attachments Ordinance Appendix L

35 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANCASTER, TEXAS AMENDING ORDINANCE (THE LANCASTER DEVELOPMENT CODE) ARTICLE , "LANDSCAPE REGULATIONS AND STANDARDS," OF CHAPTER 14, THE LANCASTER DEVELOPMENT CODE BY ADDING AN EXPANSION OF XERISCAPE PRINCIPLES AND AN APPROVED LIST OF OPTIONS TO THE XERISCAPE LANDSCAPING SECTION OF THE LANDSCAPE REGULATIONS AND STANDARDS; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR PENALTIES OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that in order to promote water conservation, preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of the foremost importance; and WHEREAS, the City Council, has determined that the adoption of new xeriscape landscaping regulations is in the best interest of the City of Lancaster and will promote the public health, safety and general welfare; and WHEREAS, the City Council further has determined that Chapter 14 of the Lancaster Development Code should be amended, as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. All of the above findings are hereby found to be true and correct and are hereby incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. From and after the effective date of this Ordinance, existing Article , "Landscape Regulation and Standards", Subsection (b) Xeriscape Landscaping is amended to read as follows: "(b) Xeriscape Landscaping: 1. Xeriscape landscaping is an innovative, comprehensive approach of landscaping to promote water conservation. Xeriscape landscaping incorporates seven basic principles: planning and design, soil analysis, appropriate plant selection, practical turf areas, efficient irrigation, use of mulches and appropriate maintenance. These principles are explained below in the order a landscape planner or property owner would consider installing the best possible landscape. Each principle must be considered during the planning and design phase, as the sequence of installation is also very important is assuring a successful xeriscape. a. Planning & Designing: To get the look and function wanted while conserving water, create a landscape design. Draw the yard, including the locations of existing structures, trees, shrubs, and grass areas. Then, consider parts of the yard, how it should look, the amount of maintenance desired and the associated budget. b. Evaluate soil and improve if necessary: Soils can vary within a given site; an analysis based on random sampling can provide information for plant selection and soil amendments. The soils in North Texas range from clay to sand, and both are low in organic material. Whether clay or sand, the soil in your landscape will benefit from the addition of sphagnum peat moss, compost, aged manure or other decomposed organic materials. This will improve root development and water penetration and retention. Consult with a local nursery or County Extension Office on how to improve the soil before planting and installing the irrigation system. c. Use appropriate plants: Most plants have a place in xeriscape even those that have high water needs. Plant selection should be based on the plant's adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature

36 plant size, desired effect, color and texture. Plant species that are drought and freeze tolerant are preferred. Use of more plants with low water needs and native plants will allow the maximum water conservation. A list of approved plant material can be found in Appendix L in the Tree Technical Manual: Arboricultural Specifications & Standards of Practice d. Create practical turf areas: The type and location of turf areas should be considered a major design element of the landscape. The selection and location of turf should be decided on the same basis as other plantings, such as your purpose and function of the landscape. The reduction or elimination of high water use turf areas and locating them separately so that they may be watered more efficiently, can result in significant reductions in water use. Turf grass areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic and provide for recreation use. e. Water efficiently: If an irrigation system is to be installed, it should be well planned and well managed. Turf areas should be watered separately. Group plants with like water needs, and water each group on separate zones. Not all plants need the same amount of water. Irrigation needs change with the season and the weather. Irrigate according to the needs of the plants rather than watering on a fixed schedule. Even plants used in xeriscape will require supplemental irrigation until they become established, which can take between two to three years. f. Use organic mulch: Mulch minimizes evaporation, reduces weed growth, slows erosion and helps prevent soil temperature fluctuations. Organic mulch such as wood chips or bark is best, and although this mulch will decompose slowly over time, it will improve the soil by adding nutrients. The use of plastic is not recommended because it will cause organic mulch to slide or shift in location, preventing air and water from filtering into the soil, causing increased water runoff. Inorganic mulch, such as rock, should be used sparingly. Surrounding a home with rock will increase the temperatures, making the environment too warm for plants and people. g. Maintain appropriately: Proper pruning, weeding, and fertilization, plus attention to the irrigation system, will preserve and enhance the quality of xeriscape. A landscape adapted to the environment will require less maintenance, less fertilizer and reduce the use of pesticides and other chemicals. Develop a general maintenance schedule Reapply organic mulches once a year. Mow when your grass is at the appropriate height, removing no more than one third of the blade. Learn best practices for mowing turf grass. Fertilize your lawn, shrubs, and trees at the proper times and use the correct amount. Check your irrigation system periodically to ensure it is operating efficiently. Maintain your yard tools. 2. Any planned and maintained area that contains xeriscape plants must have visible physical borders around the boundaries of the permitted use accent areas. The physical borders of the permitted use accent areas must be sufficient in depth and height to maintain separation of xeriscape plants and turf grasses. It will be the responsibility of the land owner to keep xeriscape plants from growing or hanging over the borders in a manner that prevents visibility of the borders. 3. In order to reduce excessive water use, Xeriscape landscaping is encouraged. The total square footage of the required landscape area may be 100% xeriscape landscaping, if all landscaping materials are from the xeriscape landscaping approved list attached as Appendix L. SECTION 3. That all provisions of the Lancaster Development Code in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the Lancaster Development Code not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Lancaster Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Lancaster Development Code, as amended hereby, which shall remain in full force and effect.

37 SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the provisions of the Code of Ordinances of the City of Lancaster, Texas, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Lancaster, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its passage and publication as required by law. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

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42 LANCASTER CITY COUNCIL City Council Regular Meeting 5. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: M18-20 Discuss and consider an ordinance(s) amending Ordinance No (The Lancaster Development Code), Article (Permissible Uses), Section (Use Standards) Subsection (f) Retail and Personal Service Use Regulations; the Land Use Tables and Articles , Subsection Definitions to add variety store use, variety and grocery store definitions and variety store regulations. Background: As prescribed in the City Council rules and procedures as amended September 2016, Section D. City Council Agenda Process, Subsection 1.b., Council Member Racheal Hill requested that an item be included on the agenda for the purpose of discussing and considering adding a new Article 8.19 (Variety Stores) to Chapter 8 (Business Regulations) to the Code of Ordinances. City Council received a presentation at the October 15, 2018 Work Session. The Planners' dictionary defines variety stores as a retail store that sells a wide variety of relatively small and inexpensive items. These stores are generally known as dollar stores. The number of dollar stores has significantly increased and are located in close proximity of one another within the City of Lancaster as shown on the attached map. Variety stores do not provide fresh food options such as produce, vegetables and fruits among other healthy foods for residents. The most recent 2015 dataset from the United States Department of Agriculture (USDA) access to food research studies indicates that 60-70% of the northern and the southeastern sections of the City of Lancaster are food desert areas. To determine a food desert area, the USDA defines tracts of areas that are both low income and have low access to grocery stores. Access to grocery stores means that residents have to be within one mile from a grocery store. According USDA, food deserts are parts of the country vapid of fresh fruit, vegetables, and other healthful whole foods, usually found in impoverished areas. This is largely due to a lack of grocery stores, farmers markets, and healthy food providers. Low income is determined when the tract's median family income is less than or equal to 80% of the State-wide median family income. The 2016 Texas Family Income data shows $67,025 as the Nominal Median Family Income in Texas. According to a 2017 Best Southwest (BSW) Partnership Healthcare Committee assessment by Parkland Hospital, Lancaster residents face the highest rates of heart disease, low birth rate, and pediatric asthma among the Best Southwest Cities. These are conditions that have increasing links to prenatal and postnatal nutrition. The cities of Cedar Hill, Duncanville and DeSoto are among the City of Lancaster's survey cities that have variety stores and they generally allow them in their Retail, Commercial and/or Mixed-Use zoning districts. In addition, the cities of Cedar Hill and DeSoto allow variety stores within their Neighborhood Services zoning districts with a Specific Use Permit (SUP) as noted on the attached table. While these Cities have variety store use on their Land Use Tables, they do not define a variety store. Operational Considerations:

43 Currently, the City of Lancaster Development Code (LDC) and/or the Code of Ordinance do not list nor define a "variety store" and/or "grocery store". Rather, these type of stores are classified as Retail stores that are either greater or less than 25,000 square feet. Without a variety store definition and the use listed on the Land Use Table, regulating such a use can be problematic. Given the rate at which the number of such stores are growing, listing variety and grocery store uses as well as defining such uses creates an opportunity for the City to encourage additional retail/grocery store options. When considering the USDA food research results, BSW Partnership Health Disparity Study, the increased number of dollar stores versus grocery stores in the City noted above, defining variety store use and the associated regulations would promote the Council goal and objective for a Healthy, Safe and Engaged Community. The attached ordinance is amending Article (Permissible Uses), Section (Use Standards) Subsection (f) Retail and Personal Service Use Regulations; the Land Use Tables and Articles 14:1300 Definitions, Subsection Definitions to add variety store use, variety and grocery store definitions and variety store regulations. The ordinance: Defines "variety store" Defines "grocery store" Sets requirements for variety stores Regulates distance separation between variety stores Sets requirements for provision of fresh, quality and nutritious food in variety stores locating less than 2 miles from another variety store Utilizes the Council goal for a Healthy, Safe and Engaged Community Legal Considerations: The City Attorney has reviewed and approved the ordinance as to form. Public Information Considerations: This item is being considered at a Regular Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. City Council may approve the ordinance, as presented. 2. City Council may approve the ordinance with some changes and state those changes. 3. City Council may deny the ordinance. Recommendation: Staff recommends approval of the ordinance, as presented. Attachments Ordinance

44 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANCASTER, TEXAS AMENDING ORDINANCE , (THE LANCASTER DEVELOPMENT CODE), ARTICLE (PERMISSIBLE USES), SECTION (USE STANDARDS) SUBSECTION (F) RETAIL AND PERSONAL SERVICE USE REGULATIONS; THE LAND USE TABLE AND ARTICLE , SUBSECTION DEFINITIONS TO ADD VARIETY STORE USE, VARIETY AND GROCERY STORE DEFINITIONS AND VARIETY STORE REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lancaster, Texas has determined Ordinance , (the Lancaster Development Code) Article (Permissible Uses), Section (Use Standards), Subsection (f) Retail and Personal Service Use Regulations; the Land Use Tables and Articles 14:1300, Subsection Definitions to add variety store use, variety and grocery store definitions and variety store regulations. WHEREAS, the City Council finds this amendment to the Lancaster Development Code will serve, protect and enhance the public health, safety and general welfare and to attain to the goals of the City in the area of setting development standards. WHEREAS, Lancaster residents face increasing threats to sufficient access to fresh and affordable produce, and residents typically have more access to convenience stores and fast food than to nutritious food; and WHEREAS, the six leading causes of death in the United States - heart disease, stroke, diabetes, and certain cancers - are diet-related chronic diseases, and rates of overweight and obesity, which are risk factors for these diseases, continue to increase - particularly in minority and low-income populations; and WHEREAS, Lancaster has double the number of variety stores over grocery stores; and WHEREAS, variety stores typically offer mostly inexpensive, energy-dense, low-nutritive foods and beverages rather than fresh, nutritious food; and WHEREAS, people choose among foods that are readily available and therefore healthy options should be at least as available and accessible as unhealthy ones; and WHEREAS, a good mix of food retail has the potential to revitalize neighborhoods and commercial centers and improve access to a healthy diet, WHEREAS, the intended purposes of the Lancaster Zoning Ordinance are best served, it has been determined necessary to amend certain language of said ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS:

45 SECTION 1. That the Lancaster Development Code be, and the same is, hereby amended by amending Article (Permissible Uses), Section (Use Standards), Subsection (f) Retail and Personal Service Use Regulations; the Land Use Tables and Articles 14:1300, Subsection Definitions to add variety store use, variety and grocery store definitions and variety store regulations. Sec Use Standards (f) Retail and Personal Service Use Regulations (1) Christmas Tree Sales Lot & Similar Uses (Temporary). The temporary sales of Christmas trees, pumpkins and other seasonal goods may be allowed with a permit approved by the Building Official provided it meets the following conditions: A. Any such temporary facility of lot shall be limited to seasonal sales. B. The maximum time limit of such use shall not exceed 45 days annually. At the end of the 45-day period, the structure and other facilities related to the use shall be removed from the property. C. Any temporary power poles will be removed on the date of or immediately following the termination date of the permit. D. Any such temporary facility shall not reduce the number of required parking spaces of any nearby building or use, below the number actually needed by the use(s). E. Any such temporary facility shall have permanent restrooms for employees available within 300 feet of the property where such use is permitted for which written permission from the permanent building owner for restroom use must be submitted to the Building Official; however, a portable restroom facility, motor home or travel trailer providing such facilities may be allowed. (2) Cosmetics, Permanent A. Cosmetics, Permanent, as defined by the State Department of Health. B. It includes electrolysis, but does not include ornamental tattoos. (3) Display, Incidental. Outdoor sales and display, excluding vehicles and vehicular machinery, for which the sale of these items are the primary business, shall meet the following standards: A. Outdoor sales and displays are permitted only in areas designated on the Site Plan filed with the City. B. Outdoor sales and display may not exceed 5% of the adjacent building floor area. (Building area is defined as the entirely enclosed portion of the primary building.) C. Outdoor sales and display may occupy up to 30% of a covered sidewalk that is located within 20 feet of the building. Such display shall not impede pedestrian use of the sidewalk and at least a 5 passable distance shall be maintained. D. Any outside sales and display not located on a covered sidewalk must be screened from view of adjacent roadways, public areas and adjacent properties. Such screening must:

46 1. Be a minimum of eight (8) feet high or one (1) foot taller than the materials being displayed, whichever is greater. 2. Include minimum of 20% solid screening matching the material of the primary building. The remainder may be solid evergreen planting, or wrought iron, dark vinyl coated chain link or similar materials. E. Any outside sales and display not located on a covered sidewalk must be located immediately adjacent to or connected to the primary structure. F. No outdoor sales and display may be located on any portion of a parking lot. G. Christmas tree sales are exempted from these standards, and such trees may be stored outdoors for sale beginning one (1) week before Thanksgiving and ending December 31. (Also, see Christmas Tree Sales Lot & Similar Uses (Temporary). H. Landscape Materials. The accessory seasonal display of plants and related landscape materials such as fertilizer, peat moss, and ornamental landscape items by a permitted retail use may be displayed upon approval by the Building Official only under the following conditions: 1. The plants and related materials shall be located on an all weather surface. 2. All of the plants and related materials shall be located behind the building line. 3. Notwithstanding 6 above, the storage area for display of plants and related materials shall not occupy any required parking spaces as outlined in Article Parking and Loading. Excess parking spaces may be used if all other requirements in this Section are met. 4. The storage area for display of plants shall not occupy more than 5% of the total lot area. I. Variety Stores A. Variety stores are prohibited unless the proposed use is located more than 10,560 feet (2 miles) from another variety store. B. Incidental outdoor display is prohibited at all variety stores. C. If located at least 10,560 feet (2 miles) from another variety store, this use is permitted by Specific Use Permit ("SUP") only. When reviewing a request for SUP for a variety store use, the City Council shall consider: 1. Whether the proposed variety store will likely have a detrimental impact on the development of grocery stores and other businesses that sell fresh and healthy food items in the area to be served by the proposed use. 2. The availability of healthy food options in the area of the proposed use including the proximity of full-service grocery stores within onehalf mile of the proposed use and 3. Whether the proposed use is within a food desert, as defined by the United States Department of Agriculture at the time of application.

47 D. A SUP approved under this section must stipulate that a minimum of 20 percent of the floor area of the variety store must be dedicated to fresh produce, meat and dairy products. E. A nonconforming variety store in existence on January 1, 2019, may relocate on the same parcel or within the same shopping center that it currently exists without obtaining a SUP provided the nonconforming variety store has not been terminated for more six (6)months. Sec Definitions (a) General Definitions Grocery Store: A retail store where a minimum of 50 percent of the floor area or more than 25,000 square feet of floor area is devoted to food items including, but not limited to, fresh produce, fresh meats, fresh dairy products and prepackaged foods. Variety store: A retail store that sells a wide variety of relatively small and inexpensive items, as defined by " A Planner's Dictionary" published by the American Planning Association. Table 1 Land Use Tables P = Permitted A = Accessory Use S = SUP "+" = Permitted with Conditions Agric. Residential Permitted Uses Commercial Industrial A-O SF- E SF SF SF ZL F- 6 TH- 16 MF- 16 M H Rural & Animal- Related NS R C H C S T C OR T LI MI Variety Store P P P P S S SECTION 2. That all provisions of the Code of Ordinances in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Code of Ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person, firm, or corporation violating any provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the City of Lancaster, as heretofore amended and upon conviction shall be punished by a fine not exceeding $ The penalty imposed for a violation of this ordinance shall not exceed or be less than the penalty prescribed by state law, and each and every day such violation shall continue shall be deemed to constitute a separate offense.

48 SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

49 LANCASTER CITY COUNCIL City Council Regular Meeting 6. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: Z18-15 Conduct a public hearing and consider a rezoning request from Agricultural Open (AO) to SF-E Single Family Residential Estate for a portion of the property located in Lancaster, Dallas County. The property is located on the south side of Raintree Drive and is approximately 1,000 feet east of Nokomis Road and is addressed as 1522 Raintree Drive. It is further described as Lot 20 in Abstract 765 Survey M.H. Lavender and Abstract 1356 M.H. Lavender Survey, Lancaster, Dallas and Ellis County, Texas respectively. Background: 1. Location and Size: The property is located on the south side of Raintree Drive and approximately 1,000 feet east of Nokomis Road. The property is approximately 1.85 acres in size. 2. Current Zoning: The subject property is currently zoned Agricultural Open (A-O). 3. Adjacent Properties: North: A-O - Agricultural Open (Occupied Residence) South: Ellis County, TX East: A-O - Agricultural Open (vacant) West: A-O - Agricultural Open (Occupied Residence) 4. Comprehensive Plan Compatibility: The 2016 Comprehensive Plan identifies this site as suitable for residential uses. The proposed use is consistent with the Comprehensive Plan. 5. Case History: Date Body Action 11/14/2011 CC Property annexation into City of Lancaster limits 11/06/2018 P&Z Z18-15 Recommended Approval of Rezoning Request from A-O to SF-E. In 2011, this property was annexed into city limits; thereby automatically rezoning the property to Agricultural Open. As development and uses change, the annexed area shall be rezoned in accordance with the Lancaster Comprehensive Plan. This proposed zoning change meets the current vision of the City. Operational Considerations: The applicant is requesting to rezone the subject portion of the property within the City of Lancaster City limits from Agricultural Open (AO) to Single Family Residential-Estate (SF-E) for the development of a single family home on 1.85 acres of land. The current zoning only allows for a single family dwelling on five (5) acres or more. The proposed zoning change would allow up to one (1) dwelling unit per acre. Consistency with the Comprehensive Plan:

50 The Comprehensive Plan Future Land Use map designates this area as Low Density Residential. Low Density Residential or Rural Living is focused on areas of the community that has the ability to preserve a rural character. This includes estate residential type areas. The high-end character of this housing is primarily focused on serving the needs of executives with densities less than 2 dwelling units per acre. Primary land uses for Rural Living are single-family detached homes and secondary land uses include civic and institutional uses, parks, and open spaces. The zoning change request is therefore consistent with the Comprehensive Plan shown on the attached Comprehensive Plan excerpt. Potential Impact on Adjacent Development: Properties to the east and south are all vacant and zoned A-O. This property serves as an ideal location for a single family home as it is surrounded by properties ready to be rezoned to Single Family Residential Estate as most of the lots are more than one acre. Availability of utilities and access: The City does not have any water or sewer lines in this area. Rockett Special Utility District (SUD) provides water and a septic tank will have to be used for sewer services. Inspection and approval of the septic systems are contracted through Dallas County Health and Human Services. The 2012 Waste Water Masterplan does not foresee extension of sewer services to this area until An update to this plan is currently underway. Site conditions such as vegetation, topography and flood plain: The subject property is currently undeveloped. Upon construction of this site, factors such as vegetation, topography and flood plain issues will be addressed through the civil review process. Timing of Development as it relates to the Lancaster's Capital Improvement Plan (CIP): There are currently no CIP projects planned for this area and no rights-of-way dedication requirements pursuant to the Master Thoroughfare Plan (MTP). Based upon an analysis of the five (5) considerations that must be taken into consideration when reviewing a change in zoning application, the proposed change request will integrate appropriately as the area is envisioned for single-family home development and is consistent with the 2016 Comprehensive Plan. Note: There are currently 13 vacant lots in this subdivision. Residents who want to construct homes on these lots will need to apply for a rezoning change in order to construct a home on the lots, as platted. Legal Considerations: Per the City Attorney, "The 2016 Lancaster Comprehensive Plan adopted, in part, a Preferred Scenario for Future Land Use in the City, as reflected in Figure 3.02 of the 2016 Comprehensive Plan. The Preferred Scenario did not constitute an amendment of all City-wide land uses. Chapter 3 of the 2016 Comprehensive Plan, specifically notes that the Preferred Scenario for future land use remains unchanged in most areas of the City where stable and sustainable land uses exist. Consequently, in those areas of the City of Lancaster that are not addressed or included in the Preferred Scenario of the 2016 Comprehensive Plan, the land use designations contained in the 2002 Comprehensive Plan 2016 Comprehensive Plan, the land use designations contained in the 2002 Comprehensive Plan remain unchanged." Public Information Considerations: This is a zoning change request and in accordance with Texas Local Government Code, Section 211, zoning change requests must be noticed 10 days before the hearing. On October 17, 2018 a notice for this public hearing appeared in the Focus Daily Newspaper. Eight (8) notifications of this public hearing were mailed to owners that are within 200 feet of the subject property. There was one letter received in support and one letter received in opposition to this request. This item is being considered at a Regular Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Options/Alternatives:

51 1. City Council may approve the ordinance, as presented. 2. City Council may approve the ordinance with changes and state those changes. 3. City Council may deny the ordinance. Recommendation: On November 6, 2018 the Planning and Zoning Commission recommended approval of the rezoning request, as presented. Staff concurs with the Planning and Zoning Commission's recommendation Attachments Ordinance Exhibit A Location Map Comprehensive Plan Excerpt 2002 Future Land Use Map 2016 Future Land Use Map Annexation Ordinance Letter in Support Letter in Opposition P&Z Agenda Communication with Attachments P&Z Action Draft Minutes November

52 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, CHANGING THE ZONING DESIGNATION ON APPROXIMATELY 1.85 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF RAINTREE DRIVE AND APPROXIMATELY 1,000 FEET EAST OF NOKOMIS ROAD AND ADDRESSED AS 1522 RAINTREE DRIVE FROM A-O, (AGRICULTURAL-OPEN DISTRICT), TO SF-E (SINGLE FAMILY RESIDENTIAL - ESTATE DISTRICT); PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council, in accordance with the City's Code of Ordinances, state law and all other applicable ordinances of the City, have given the required notices and have held the required public hearings regarding the amendment of the City's zoning laws by changing the zoning on the property referenced in the exhibit attached hereto as Exhibit A, incorporated by reference ("the Property"); and WHEREAS, all legal requirements, conditions and prerequisites have been complied with prior to the case coming before the City Council for the City of Lancaster, including all mandated public notices and public hearings; and WHEREAS, the City Council, after determining that all legal requirements of notice and hearing have been met, has determined that the following amendment would provide for and would be in the best interest of the health, safety, morals and general welfare of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. All of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. From and after the effective date of this Ordinance, the Zoning Case No. Z18-15, the zoning on the Property is hereby changed from A-O, (Agricultural-Open District), to SF-E, (Single Family Residential Estate District), as more particularly described in Exhibit A, "Zoning Exhibit," attached hereto and made a part hereof for all purposes. The City's Zoning Map shall be amended to reflect the zoning amendment referenced herein. SECTION 3. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed $2,000.00, and each day that such violation shall continue shall be considered a separate offense. These penal provisions shall not prevent an action on behalf of the City of Lancaster to enjoin any violation or threatened violation of the terms of this Ordinance, or an action for mandatory injunction to remove any previous violation hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, 2018.

53 ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

54 Exhibit "A"

55 NAIL DR LAKE TRAIL DR City of Lancaster 1522 Raintree Dr 1522 Raintree Dr NOKOMIS RD RAINTREE DR µ Legend Parcels City Limits Feet date: 09/14/2018

56 Lancaster LANCASTER COMPREHENSIVE PLAN Rural Living Character & Intent Rural living is focused on areas of the community that has the ability to preserve a rural character. This includes estate residential type areas. The high-end character of this housing is primarily focused on serving the needs of executives with densities less than 2 dwelling units per acre. Precedent Photos Land Use Considerations Primary Land Uses Single-family detached homes Secondary Land Uses Civic & institutional uses, parks, open space Suburban Neighborhood Character & Intent Suburban neighborhoods will continue to be the dominant place type in Lancaster providing a variety of residential products ranging from townhomes to single family detached. These neighborhoods would generally be formed as subdivisions with residential densities ranging from 2 to 8 dwelling units per acre.. Precedent Photos Land Use Considerations Primary Land Uses Single-family detached homes, duplexes Secondary Land Uses Civic & institutional uses, parks 20 October 2016

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58 Preferred Scenario Legend City Limit Lancaster ETJ Special Districts BNSF Option 1 Utility Alternative Current 65 DNL Sound Future 65 DNL Sound Current Clear Zone Future Clear Zone Railroad/ Future Regional Rail Future Regional Rail Station Aviation Commercial Corridor Commercial Node Floodplain Logistics / Distribution Mixed Use Private Open Space Reinvestment Area R - Rural Living R - Suburban Neighborhood R - Urban Neighborhood Suburban Mixed Use Center University Research Center Town Center Village Center CITY OF DALLAS UNIVERSITY OF NORTH TEXAS AT DALLAS CAMPUS DISTRICT D N LA AT E H W CITY OF HUTCHINS E L DA R A ED C NS HI 3,000 N 4,500 R HU TC 750 1,500 TE ROGERS LA NC E AV AS AS MARSALIS LL ALBA BLUEGROVE OAK FIFTH GREENE LANPORT DISTRICT MAIN BELT LINE REDBUD GREENE FERR IS NO HISTORIC DISTRICT KO S MI WAY R E V RI ND LA N TE LE MI RE MO PARKERVILLE HOUSTON SCHOOL CITY OF WILMER E MEDICAL DISTRICT ELM WESTRIDG CHESHIRE 0 Feet PLEASANT RUN PLEASANT RUN CITY OF DESOTO JEFFERSON WINTERGREEN DA PIKE IDLEWILD CEDAR VALLEY COLLEGE P LE TE MKT RAIL ROAD FUTURE REGIONA L RAIL E N HO SUNNY MEADOW WINTERGREEN HOUSTON SCHOOL DANIELDALE BEAR CREEK CITY OF GLENN HEIGHTS SUNDIAL CENTER REINDEER LOOP 9 EXTENSION CITY OF RED OAK Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community LANCASTER COMPREHENSIVE PLAN Lancaster November 2015 Lancaster, Texas

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85 CITY OF LANCASTER'S BOARDS AND COMMISSIONS Planning & Zoning Commission 6. Meeting Date: 11/06/2018 Policy Statement: This request supports the City Council Policy Agenda Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: Z18-15 Conduct a public hearing and consider a rezoning request from Agricultural Open (AO) to SF-E Single Family Residential Estate for a portion of the property located in Lancaster, Dallas County. The property is located on the south side of Raintree Drive and is approximately 1,000 feet east of Nokomis Road and is addressed as 1522 Raintree Drive. It is further described as Lot 20 in Abstract 765 Survey M.H. Lavender and Abstract 1356 M.H. Lavender Survey, Lancaster, Dallas and Ellis County, Texas respectively. Background: 1. Location and Size: The property is located on the south side of Raintree Drive and approximately 1,000 feet east of Nokomis Road. The property is approximately 1.85 acres in size. 2. Current Zoning: The subject property is currently zoned Agricultural Open (A-O). 3. Adjacent Properties: North: A-O - Agricultural Open (Occupied Residence) South: Ellis County, TX East: A-O - Agricultural Open (vacant) West: A-O - Agricultural Open (Occupied Residence) 4. Comprehensive Plan Compatibility: The 2016 Comprehensive Plan identifies this site as suitable for residential uses. The proposed use is consistent with the Comprehensive Plan. 5. Case History: Date Body Action 11/14/2011 CC Property annexation into City of Lancaster limits In 2011, this property was annexed into city limits; thereby automatically rezoning the property to Agricultural Open. As development and uses change, the annexed area shall be rezoned in accordance with the Lancaster Comprehensive Plan. This proposed zoning change meets the current vision of the City.

86 Operational Considerations: The applicant is requesting to rezone the subject portion of the property within the City of Lancaster City limits from Agricultural Open (AO) to Single Family Residential-Estate (SF-E) for the development of a single family home on 1.85 acres of land. The current zoning only allows for a single family dwelling on five (5) acres or more. The proposed zoning change would allow up to one (1) dwelling unit per acre. Consistency with the Comprehensive Plan: The Comprehensive Plan Future Land Use map designates this area as Low Density Residential. Low Density Residential or Rural Living is focused on areas of the community that has the ability to preserve a rural character. This includes estate residential type areas. The high-end character of this housing is primarily focused on serving the needs of executives with densities less than 2 dwelling units per acre. Primary land uses for Rural Living are single-family detached homes and secondary land uses include civic and institutional uses, parks, and open spaces. The zoning change request is therefore consistent with the Comprehensive Plan shown on the attached Comprehensive Plan excerpt. Potential Impact on Adjacent Development: Properties to the east and south are all vacant and zoned A-O. This property serves as an ideal location for a single family home as it is surrounded by properties ready to be rezoned to Single Family Residential Estate as most of the lots are more than one acre. Availability of utilities and access: The City does not have any water or sewer lines in this area. Rockett Special Utility District (SUD) provides water and a septic tank will have to be used for sewer services. Inspection and approval of the septic systems are contracted through Dallas County Health and Human Services. The 2012 Waste Water Masterplan does not foresee extension of sewer services to this area until An update to this plan is currently underway. Site conditions such as vegetation, topography and flood plain: The subject property is currently undeveloped. Upon construction of this site, factors such as vegetation, topography and flood plain issues will be addressed through the civil review process. Timing of Development as it relates to the Lancaster's Capital Improvement Plan (CIP): There are currently no CIP projects planned for this area and no rights-of-way dedication requirements pursuant to the Master Thoroughfare Plan (MTP). Based upon an analysis of the five (5) considerations that must be taken into consideration when reviewing a change in zoning application, the proposed change request will integrate appropriately as the area is envisioned for single-family home development and is consistent with the 2016 Comprehensive Plan. Note: There are currently 13 vacant lots in this subdivision. Residents who want to construct homes on these lots will need to apply for a rezoning change in order to construct a home on the lots, as platted. Legal Considerations: Per the City Attorney, "The 2016 Lancaster Comprehensive Plan adopted, in part, a Preferred Scenario for Future Land Use in the City, as reflected in Figure 3.02 of the 2016 Comprehensive Plan. The Preferred Scenario did not constitute an amendment of all City-wide land uses. Chapter 3 of the 2016 Comprehensive Plan, specifically notes that the Preferred Scenario for future land use remains unchanged in most areas of the City where stable and sustainable land uses exist. Consequently, in those areas of the City of Lancaster that are not addressed or included in the Preferred Scenario of the 2016 Comprehensive Plan, the land use designations contained in the 2002 Comprehensive Plan remain unchanged."

87 Public Information Considerations: This is a zoning change request and in accordance with Texas Local Government Code, Section 211, zoning change requests must be noticed 10 days before the hearing. On October 17, 2018 a notice for this public hearing appeared in the Focus Daily Newspaper. Eight (8) notifications of this public hearing were mailed to owners that are within 200 feet of the subject property. There was one letter received in support and one letter received in opposition of this request. This item is being considered at a Regular Meeting of the Planning and Zoning Commission noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. Recommend approval of the request, as presented. 2. Recommend approval of the request with changes, state those changes. 3. Recommend denial of the request. Recommendation: Staff recommends approval of the request, as presented. Attachments Location Map Zoning Exhibit Comprehensive Plan Excerpt 2002 Future Land Use Map 2016 Future Land Use Map Annexation Ordinance Letter in Support Letter in Opposition

88 NAIL DR LAKE TRAIL DR City of Lancaster 1522 Raintree Dr 1522 Raintree Dr NOKOMIS RD RAINTREE DR µ Legend Parcels City Limits Feet date: 09/14/2018

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90 Lancaster LANCASTER COMPREHENSIVE PLAN Rural Living Character & Intent Rural living is focused on areas of the community that has the ability to preserve a rural character. This includes estate residential type areas. The high-end character of this housing is primarily focused on serving the needs of executives with densities less than 2 dwelling units per acre. Precedent Photos Land Use Considerations Primary Land Uses Single-family detached homes Secondary Land Uses Civic & institutional uses, parks, open space Suburban Neighborhood Character & Intent Suburban neighborhoods will continue to be the dominant place type in Lancaster providing a variety of residential products ranging from townhomes to single family detached. These neighborhoods would generally be formed as subdivisions with residential densities ranging from 2 to 8 dwelling units per acre.. Precedent Photos Land Use Considerations Primary Land Uses Single-family detached homes, duplexes Secondary Land Uses Civic & institutional uses, parks 20 October 2016

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92 Preferred Scenario Legend City Limit Lancaster ETJ Special Districts BNSF Option 1 Utility Alternative Current 65 DNL Sound Future 65 DNL Sound Current Clear Zone Future Clear Zone Railroad/ Future Regional Rail Future Regional Rail Station Aviation Commercial Corridor Commercial Node Floodplain Logistics / Distribution Mixed Use Private Open Space Reinvestment Area R - Rural Living R - Suburban Neighborhood R - Urban Neighborhood Suburban Mixed Use Center University Research Center Town Center Village Center CITY OF DALLAS UNIVERSITY OF NORTH TEXAS AT DALLAS CAMPUS DISTRICT D N LA AT E H W CITY OF HUTCHINS E L DA R A ED C NS HI 3,000 N 4,500 R HU TC 750 1,500 TE ROGERS LA NC E AV AS AS MARSALIS LL ALBA BLUEGROVE OAK FIFTH GREENE LANPORT DISTRICT MAIN BELT LINE REDBUD GREENE FERR IS NO HISTORIC DISTRICT KO S MI WAY R E V RI ND LA N TE LE MI RE MO PARKERVILLE HOUSTON SCHOOL CITY OF WILMER E MEDICAL DISTRICT ELM WESTRIDG CHESHIRE 0 Feet PLEASANT RUN PLEASANT RUN CITY OF DESOTO JEFFERSON WINTERGREEN DA PIKE IDLEWILD CEDAR VALLEY COLLEGE P LE TE MKT RAIL ROAD FUTURE REGIONA L RAIL E N HO SUNNY MEADOW WINTERGREEN HOUSTON SCHOOL DANIELDALE BEAR CREEK CITY OF GLENN HEIGHTS SUNDIAL CENTER REINDEER LOOP 9 EXTENSION CITY OF RED OAK Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community LANCASTER COMPREHENSIVE PLAN Lancaster November 2015 Lancaster, Texas

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119 MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING OF NOVEMBER 6, 2018 The Planning and Zoning Commission of the City of Lancaster, Texas, met in a Regular Session in the Council Chambers of City Hall on November 6, 2018 at 7:00 p.m. with a quorum present to-wit: Commissioners Present: Jeremy Reed, Acting Chair Ty Jones Ernest Casey Commissioners Absent: Cynthia Johnson Karen Collin City Staff: Bester Munyaradzi, Senior Planner Emma Chetuya, Planner Terry Welch, Attorney PUBLIC HEARING 6. Z18-15 Conduct a public hearing and consider a rezoning request from Agricultural Open (AO) to SF-E Single Family Residential Estate for a portion of the property located in Lancaster, Dallas County. The property is located on the south side of Raintree Drive and is approximately 1,000 feet east of Nokomis Road and is addressed as 1522 Raintree Drive. It is further described as Lot 20 in Abstract 765 Survey M.H. Lavender and Abstract 1356 M.H. Lavender Survey, Lancaster, Dallas and Ellis County, Texas respectively. Planner Chetuya spoke on item 6 and stated the request is to rezone the subject property at 1522 Raintree Drive from Agricultural Open (AO) to SF-E Single Family Residential Estate for the development of a single-family dwelling. Planner Chetuya stated that the current zoning only allows for single-family development on five acres or more while the proposed zoning change would allow up to one dwelling unit per acre. Also, she stated that the 2016 Comprehensive Plan and Future Land Use Map has designated this area as Low Density Residential or Rural Living, which is focused on areas within the community that have the ability to preserve the rural character, including estate type residences. Also, she shared that properties to the East and South are currently vacant and zoned Agricultural Open (AO) indicating that the subject property would be an ideal location for a single family home, as well as, for the single family residential estate designation, as most of the lots are more than one acre. As a result of staff s assessment of the site, the proposed zoning change request would integrate appropriately, as the area is envisioned for single-family development, in addition to being consistent with the 2016 Comprehensive Plan. Staff therefore recommends approval of item 6 as presented. Acting Chair Reed opened the public hearing. There were no speakers. MOTION: Commissioner Jones made a motion, seconded by Commissioner Casey to close the public hearing. The vote was cast 3 for, 0 against [Collins and Johnson absent].

120 Commissioner Jones asked about the capacity of single-family homes that could be built in that area around Nokomis Road. Planner Chetuya responded that the current zoning, Agricultural Open, only allows for a single-family home development on at least five acres, which is why the applicants are requesting to rezone to Single Family Residential Estate which allows a single-family home to be built on only one acre. Acting Chair Reed asked if a second home would be possible to build. Planner Chetuya said no, as the zoning district only allows for one house to be built per an acre. MOTION: Commissioner Jones made a motion, seconded by Commissioner Casey to approve item 6. The vote was 3 for, 0 against [Collins and Johnson absent]. ATTEST: APPROVED: Bester Munyaradzi, Senior Planner Jeremy Reed, Acting Chair

121 LANCASTER CITY COUNCIL City Council Regular Meeting 7. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Quality Development Shane Shepard, Director of Economic Development Agenda Caption: Discuss and consider a resolution authorizing the City Manager to execute an economic development agreement pursuant to Chapter 380, Texas Local Government Code, by and between the City of Lancaster and PME Oakmont Lancaster, LLC. Background: PME Oakmont Lancaster, LLC, a Delaware Limited Liability Company, has purchased and closed on the property located at 2900 West Drive, Lancaster, Texas The company intends to construct a warehouse-distribution building to lease to future tenants. The building will total approximately 600,000 square feet. This project will represent over $22,000,000 in new capital investment in Lancaster. The company has applied for a real property incentive grant in compliance with the City s Incentive Policy. Operational Considerations: PME Oakmont Lancaster, LLC will annually submit receipts for real property tax payments in order to exercise the Grant. Within 60 days of verification of payment, the City will remit forty-five percent (45%) of the real property tax payment to the company for a period of five (5) years. Legal Considerations: The City Attorney has reviewed and approved the resolution and agreement as to form. Public Information Considerations: This item if being considered at a Special Meeting of the City Council, noticed in accordance with the Texas Open Meetings Act. Fiscal Impact: Based on the estimated value added capital investment submitted by the company and in consideration of the tax rebates, the project will represent approximately $524,837 over the first five year period in new revenue to the City and $190,850 annually after that. Options/Alternatives: 1. City Council may approve the resolution and agreement, as presented. 2. City Council may deny the resolution and agreement. Recommendation: Staff recommends approval of the resolution and agreement, as presented. Attachments

122 Resolution Agreement

123 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, APPROVING A CHAPTER 380 AGREEMENT BY AND BETWEEN THE CITY OF LANCASTER, TEXAS, AND PME OAKMONT LANCASTER, LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Lancaster, Texas, ( City ) desires to grant certain incentives to PME Oakmont Lancaster, LLC, for the purpose of purchasing approximately 41.6 acres on 2900 West Drive, Lancaster, TX to construct a warehouse distribution facility totaling approximately six hundred thousand (600,000) square feet for operations as a speculative building; and WHEREAS, the City has adopted programs for promoting economic development, and an Economic Development Agreement ("Agreement") and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Chapter 380 of the Texas Local Government Code to offer incentives in order to promote local economic development by stimulating the local economy; and WHEREAS, the Agreement containing the terms of the grant of incentives from the City is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. The City Council of the City of Lancaster, Texas approves a Chapter 380 Economic Development Agreement by and between the City of Lancaster and PME Oakmont Lancaster, LLC. SECTION 2. The City Council authorizes the City Manager to execute the Economic Development Agreement between the City of Lancaster and PME Oakmont Lancaster, LLC. SECTION 3. This Resolution shall take effect immediately from and after the date of passage and is provided by law. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

124 CITY OF LANCASTER, TEXAS AND PME OAKMONT LANCASTER, LLC CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT This CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT (hereinafter referred to as the Agreement ) is made and entered into by and between the CITY OF LANCASTER, TEXAS, a Texas home-rule municipality (hereinafter referred to as the City ), and PME OAKMONT LANCASTER, LLC, a Delaware limited liability company (hereinafter referred to as the Developer ), for the purposes and considerations stated below: WHEREAS, the Developer desires to enter into this Agreement pursuant to Chapter 380 of the Texas Local Government Code; and WHEREAS, the City desires to provide, pursuant to Chapter 380 of the Texas Local Government Code an incentive to Developer to develop the Property as defined below; and WHEREAS, the City possesses the legal and statutory authority under Chapter 380 of the Texas Local Government Code to expend public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City of Lancaster, Texas; and WHEREAS, the City has determined that a grant of funds to the Developer will serve the public purpose of promoting local economic development, with the development and diversification of the economy of the State and City, will eliminate unemployment and underemployment in the State and City, and will enhance business and commercial activity within the City of Lancaster, Texas; and WHEREAS, the City has concluded and hereby finds that this Agreement clearly promotes economic development in the City of Lancaster, Texas, and, as such, meets the requisites under Chapter 380 of the Texas Local Government Code, and further, is in the best interests of the City and the Developer; and WHEREAS, the City has concluded and hereby finds that this Agreement clearly promotes economic development in the City of Lancaster, Texas, and, as such, meets the requirements of Article III, Section 52-a of the Texas Constitution by assisting in the development and diversification of the economy of the State, by eliminating unemployment or underemployment in the State, and by the development or expansion of commerce within the State. NOW, THEREFORE, for and in consideration of the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Developer agree as follows:

125 SECTION 1. FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration and promises that bind the parties. SECTION 2. TERM. This Agreement shall be effective as of the Effective Date of this Agreement, as defined herein, and shall continue thereafter for a term of five (5) years after Developer secures a Certificate of Occupancy for the Facility, unless terminated sooner under the provisions hereof. SECTION 3. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. (a) (b) Agreement. The word Agreement means this Chapter 380 Economic Development Program and Agreement, authorized by Chapter 380 of the Texas Local Government Code, together with all exhibits and schedules attached to this Agreement from time to time, if any. Approved Assignee. The words Approved Assignee means any of the following persons or any affiliate thereof: (i) (ii) (iii) (iv) (v) (vi) Any savings bank, savings and loan association, commercial bank, or trust company having shareholder equity (as determined in accordance with GAAP accounting) of at least $50,000,000; Any college, university, credit union, trust or insurance company having assets of at least $50,000,000; Any employment benefit plan subject to ERISA having assets held in trust of $50,000,000 or more; Any pension plan established for the benefit of the employees of any state or local government, or any governmental authority, having assets of at least $50,000,000; Any real estate or private equity fund or similar institutional investor having committed capital of $50,000,000 or more; or Any entity taxed as a real estate investment trust having shareholder equity (or its equivalent for non-corporate entities) of at least $50,000,000. City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 2 of

126 (c) (d) (e) (f) (g) Certificate of Occupancy. The words Certificate of Occupancy mean a certificate of occupancy (or its local equivalent) for the improvements at the Facility with a tenant. City. The word City means the City of Lancaster, Texas, a Texas home-rule municipality. For the purposes of this Agreement, City s address is P.O. Box 940, Lancaster, Texas Developer. The word Developer means PME Oakmont Lancaster, LLC, whose address for the purposes of this Agreement is 3520 Piedmont Road, Ste. 100, Atlanta, GA Effective Date. The words Effective Date mean the date of the latter to execute this Agreement by and between the City and Developer, following approval by their respective Council and Board. Event of Default. The words Event of Default mean and include any of the Events of Default set forth in the section entitled Events of Default in this Agreement. (h) Facility. The word Facility means Developer s spec warehouse building to be constructed on the Property. The Facility is described and/or depicted in Exhibit B of this Agreement, which is attached hereto and incorporated herein for all purposes. In order to qualify as the Facility under this Agreement, the facility must meet all of the following criteria: (1) be located within the City; and (2) construction of the Facility must be completed and a Certificate of Occupancy obtained within twenty-four (24) months from the Effective Date of the Agreement. (i) Operate the Facility. The words Operate the Facility mean to construct, alter, maintain, repair, manage and have tenants for the Facility. (j) (k) (l) Program Payment. The words Program Payment mean the economic development funds provided by the City to Developer in accordance with this Agreement. Program Payments will be made in the form of tax rebates as described in more detail in Section 5(a) of this Agreement. Property. The word Property means the approximately acre tract of land in the William Howerton Survey, Abstract No. 559, City of Lancaster, Dallas County, Texas, as more particularly described and or depicted in Exhibit A of this Agreement, which is attached hereto and incorporated herein for all purposes, together with any other adjacent land owned or hereafter acquired by Developer. Term. The word Term means the term of this Agreement as specified in Section 2 of this Agreement. City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 3 of

127 SECTION 4. AFFIRMATIVE OBLIGATIONS OF DEVELOPER. The Developer covenants and agrees with City that, while this Agreement is in effect, it shall comply with the following terms and conditions: (a) (b) (c) (d) Occupation of Facility. Developer covenants and agrees to occupy or commence leasing activities at the Facility within twenty-four (24) months of the Effective Date of this Agreement. Certificate of Occupancy. Developer covenants and agrees to obtain or cause to be obtained from the City a Certificate of Occupancy for the Facility located on the Property within twenty-four (24) months of the Effective Date of this Agreement. Operation of Facility. Developer covenants and agrees to maintain and actively Operate the Facility located on the Property beginning within thirty (30) months of the Effective Date of this Agreement and during the remainder of the Term of this Agreement. Should Assignment of this Agreement be approved by City pursuant to the terms of Section 10(c) or there is an assignment to an Approved Assignee, Operation of the Facility by the Assignee shall be treated as equivalent to operation by Developer. Performance. Developer covenants and agrees to perform and comply with all terms, conditions and provisions set forth in this Agreement, and any other agreements by and between the City and Developer. SECTION 5. AFFIRMATIVE OBLIGATIONS OF THE CITY. City covenants and agrees with Developer that, while this Agreement is in effect, it shall comply with the following terms and conditions: (a) Program Payments. (1) Real Property Tax. The City shall make a Program Payment to Developer for the ad valorem taxes paid by the Developer to the City for the Facility and Property (collectively, Real Property ) for a period not to exceed five (5) years. The first year of the Program Payment pursuant to this Section 5(a)(1) of this Agreement shall be the first tax year that begins after the City issues a Certificate of Occupancy for the Developer s Facility located on the Property pursuant to Section 4(b) of this Agreement, and the Real Property is fully assessed by the taxing authorities at a minimum of Twenty-Two Million and No/100 Dollars ($22,000,000.00) The Program Payments shall be based upon the following percentages: City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 4 of

128 Tax Years st through 5 th tax year after issuance of Certificate of Occupancy Percentage of: City Real Property Reimbursed 45% The City covenants and agrees to provide the Program Payment to Developer within thirty (30) days following receipt of the ad valorem taxes paid to the City for the Real Property. For purposes of these Program Payments, payment to the City s authorized tax collection agent, (currently the Dallas County Tax Assessor/Collector (the Dallas County Tax Office ) shall be considered ad valorem taxes paid to the City. (2) Valuation of Real Property and Business Personal Property. The Real Property valuations in Section 5 are Dallas Central Appraisal District ( DCAD ) values, including the values assigned by constituent taxing authorities. SECTION 6. CESSATION OF ADVANCES. If City has made any commitment to provide any Program Payment to Developer, whether under this Agreement or under any other agreement, the City shall have no obligation to advance or disburse said Program Payment if: (i) Developer becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or (ii) an Event of Default occurs and is not cured within the time period provided in Section 8. SECTION 7. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: (a) (b) (c) General Event of Default. Failure of Developer or City to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement, or failure of Developer or City to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement by and between Developer and City is an Event of Default. Notwithstanding anything herein to the contrary, should Developer cease to Operate the Facility during the time period set forth in Section 4(c), supra, this shall be a special Limited Event of Default, and the City s remedy shall be as noted in Section 8, infra, False Statements. Any warranty, representation, or statement made or furnished to the City by or on behalf of Developer under this Agreement that is false or misleading in any material respect, either now or at the time made or furnished is an Event of Default. Insolvency. Developer s insolvency, appointment of receiver for any part of Developer s property, any assignment for the benefit of creditors of Developer, any type of creditor workout for Developer, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Developer is an Event of Default. City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 5 of

129 (d) Ad Valorem Taxes. Developer allows its ad valorem taxes owed to the City to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of such taxes and to cure such failure within thirty (30) days after written notice thereof from City and/or Dallas County Central Appraisal District is an Event of Default. SECTION 8. EFFECT OF AN EVENT OF DEFAULT. In the event of default under Section 7 of this Agreement, the non-defaulting party shall give written notice to the other party of any default, and the defaulting party shall have thirty (30) days to cure a monetary default and ninety (90) days to cure a non-monetary default. Should said default remain uncured as of the last day of the applicable cure period, the non-defaulting party shall have the right to terminate this Agreement, enforce specific performance as appropriate, or maintain a cause of action for damages caused by the event(s) of default. In the event the Developer defaults and is unable or unwilling to cure said default within the prescribed time period, the Program Payments provided by the City to Developer pursuant to Section 5(a) of this Agreement, shall become immediately due and payable by the Developer to the City. Notwithstanding anything to the contrary herein, should a Limited Event of Default occur (as that term is defined in Section 7(a), supra, the City shall not be entitled to any Program Payment refunds, except for Program Payments extended for the single immediately preceding Tax Year or $85,882.50, whichever is less. SECTION 9. INDEMNITY. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMAND, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. SECTION 10. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: (a) Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 6 of

130 (b) (c) (d) (e) (f) (g) (h) Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Dallas County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Dallas County, Texas. Assignment. This Agreement may not be assigned without the express written consent of the other party, with the exceptions of an assignment from Developer to a Lender for initial project funding and an assignment to an Approved Assignee. A copy of any such assignment shall be provided to City within thirty (30) days of execution. Should consent to any other proposed assignment be withheld by the City, Developer may terminate this Agreement upon written notice to City. Notwithstanding anything herein to the contrary, upon such notice from Developer, such termination shall be deemed a Limited Event of Default (as that term is defined in Section 7(a), supra), and City shall be entitled to repayment of the lesser of (i) Program Payments extended for the single, immediately preceding Tax Year and (ii) $85, Attorneys Fees and Costs. In the event of any action at law or in equity between the parties to enforce any of the provisions hereof, to the extent allowed by law any unsuccessful party to such litigation shall pay to the successful party all costs and expenses, including reasonable attorneys fees (including costs and expenses incurred in connection with all appeals) incurred by the successful party, and these costs, expenses and attorneys fees may be included in and as part of the judgment. A successful party shall be any party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. Developer warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind it to the same. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. Entire Agreement. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 7 of

131 (i) (j) (k) Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. No Interpretation Against Drafter. Developer and City have participated in negotiating and drafting this Agreement, and agree that the Agreement is to be construed as if drafted jointly. The parties agree that the Agreement will not be interpreted or construed against either party should a need for interpretation or resolution of any ambiguity arise. Notices. Any notice or other communication required or permitted by this Agreement (hereinafter referred to as the Notice ) is effective when in writing and (i) personally delivered either by facsimile (with electronic information and a mailed copy to follow) or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested. The parties agree to keep the other party or parties informed of their address at all times during the Term of this Agreement. The Notices shall be addressed as follows: If to the City: If to the Developer: City of Lancaster, Texas Attn: Opal Mauldin-Jones, City Manager 211 N. Henry / P.O. Box 940 Lancaster, Texas Telephone: (972) PME Oakmont Lancaster, LLC c/o Oakmont Industrial Group 3520 Piedmont Road, Ste. 100 Atlanta, GA Attn: Steve Nelsen (l) (m) (n) Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. Sovereign Immunity. No party hereto waives any statutory or common law right to sovereign immunity by virtue of its execution hereof. Survival. All warranties, representations, and covenants made by Developer in this Agreement or in any certificate or other instrument delivered by Developer to City under City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 8 of

132 this Agreement shall be considered to have been relied upon by the City and will survive the payment of any Program Payments under this Agreement regardless of any investigation made by the City or on City s behalf. (o) (p) (q) (r) (s) Time is of the Essence. Time is of the essence in the performance of this Agreement. Undocumented Workers. The Developer certifies that Developer does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Developer is convicted of a violation under 8 U.S.C. 1324a(f), Developer shall repay the amount of any public subsidy provided under this Agreement to Developer plus six percent (6.0%), not later than the 120 th day after the date the City notifies Developer of the violation. In accordance with Section of the Texas Government Code (as added by Tex. H.B. 89, 85 th Leg., R.S. (2017)), the Developer verifies that it does not boycott Israel and will not boycott Israel during the Term of this Agreement. In accordance with Section of the Texas Government Code (as added by Tex. S. B. 252, 85 th Leg., R.S. (2017), the Parties covenant and agree that Developer is not on a list maintained by the State Comptroller s office prepared and maintained pursuant to Section , , or of the Texas Government Code. Estoppel Certificate. Upon written request by Developer to the City of Lancaster, the City of Lancaster will provide Developer with a certificate stating, as of the date of the certificate, (i) whether this Agreement is in full force and effect and, if Developer is in breach of this Agreement, the nature of the breach, and (ii) a statement as to whether this Agreement has been amended and, if so, the identity and substance of each amendment. [The Remainder of this Page Intentionally Left Blank] City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 9 of

133 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed. CITY: CITY OF LANCASTER, TEXAS, A Texas home-rule municipality ATTEST: By: Opal Mauldin-Jones, City Manager Date: Sorangel O. Arenas, City Secretary APPROVED AS TO FORM: David T. Ritter, City Attorney STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 5 th day of November, 2018, by Opal Mauldin-Jones, City Manager of the City of Lancaster, Texas, a Texas home-rule municipality, on behalf of said municipality. Notary Public, State of Texas City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 10 of

134 DEVELOPER: PME OAKMONT LANCASTER, LLC, A Delaware limited liability company Name: Title: Date Signed: STATE OF COUNTY OF This instrument was acknowledged before me on the day of, 2018, by, of PME Oakmont Lancaster, LLC a Delaware limited liability company, on behalf of said company. Notary Public, State of Texas City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 11 of

135 Exhibit A Legal Description and/or Depiction of the Property City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 12 of

136 S 00 01'55" E ' LOT 2, BLOCK A FFE ADDITION VOL , PG P.R.D.C.T. DRAINAGE EASEMENT VOL , PG VOL , PG D.R.D.C.T. 1/2" I.R.F. W/ "NDM" CAP (C.M.) 1/2" I.R.F. W/ "WAI" CAP TRACT ACRES L10 (VARIABLE WIDTH R.O.W.) 1/2" I.R.F. W/ "HALFF" CAP **REFERENCE BEARING CALLED ACRES DENTON TOWN CENTER PARTNERS, LP INST. NO O.P.R.D.C.T. P.O.B. N 89 41'41" E ' TRACT 1 3/8" I.R.F. AT OLD FENCE CORNER (C.M.) P.O.B. (VARIABLE WIDTH R.O.W.) TRACT 2 L16 L17 L15 L14 L13 L8 L ACRES L12 L9 CITY OF LANCASTER VOL , PG AND VOL , PG. 2343, D.R.D.C.T. ABANDONED BY CITY ORDINANCE NO RECORDED IN INST. NO , O.P.R.D.C.T. DRAINAGE EASEMENT VOL , PG VOL , PG D.R.D.C.T. 20' SANITARY SEWER EASEMENT VOL , PG D.R.D.C.T. LOT 1, BLOCK A PARK 20 ADDITION INSTRUMEMT NO O.P.R.D.C.T. 1/2" I.R.F. W/ "HALFF" CAP L1 30' WIDE TRACT TO CITY OF DALLAS INST. NO O.P.R.D.C.T. L1 L2 SOUTHWEST SERVICE CENTER ADDITION VOL , PG. 7 M.R.D.C.T. N 01 25'46" E ' TRACT ACRES PART OF CALLED ACRES WINTERGREEN / HS PARTNERS, LTD. "TRACT 1" INST. NO O.P.R.D.C.T. S 00 01'55" E ' L2 L3 L5 L4 20' SANITARY SEWER EASEMENT VOL , PG D.R.D.C.T. CALLED ACRES CH REALTY VII/I HOUSTON SCHOOL RD, L.P. INST. NO O.P.R.D.C.T. L6 1/2" I.R.F. W/ "NDM" CAP (C.M.) BEARS N89 29'57"W ' L7 N 89 29'57" W ' 1/2" I.R.F. W/ "NDM" CAP ' 1/2" I.R.F. W/ "NDM" CAP Notes: 1. This property is located in an Area of Minimal Flood Hazard (Zone "X") as shown on the F.E.M.A. F.I.R.M. Map Number 48113C0630K and 48113C0635K, effective date 07/07/2014. LEGEND SANITARY SEWER MANHOLE O.P.R.D.C.T. INST. NO DALLAS COUNTY SCHOOL DISTRICT CALLED ACRES CALLED ACRES CITY OF DALLAS INST. NO O.P.R.D.C.T. O.P.R.D.C.T. INST. NO CITY OF DALLAS CALLED ACRES 2. No evidence was observed that this property is used as a solid waste dump, sump or sanitary landfill. 3. There are no buildings located on the property. 4. No markers were observed for delineation of wetlands. 5. No zoning report or letter was provided to the surveyor. Subject property is located within the the City of Lancaster, Texas. This property is zoned LI (Light Industrial) according to the zoning map for the City of Lancaster, Texas. Surveyor's Certification: D.R.D.C.T. O.P.R.D.C.T. M.R.D.C.T. 1/2" I.R.F., UNLESS OTHERWISW NOTED. POINT FOR CORNER DEED RECORDS, DALLAS COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS MAP RECORDS, DALLAS COUNTY, TEXAS WIRE FENCE LINE CHAIN LINK FENCE LINE LINE TABLE LINE BEARING DISTANCE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 N 89 50'47" E S 00 01'55" E S 52 44'54" E S 02 33'54" E S 37 45'06" W S 38 16'54" E S 17 05'06" W N 89 41'41" E N 00 07'22" E N 89 41'41" E 10.00' ' ' ' ' ' ' ' ' ' LINE TABLE LINE BEARING DISTANCE L11 L12 L13 L14 L15 L16 L17 S 00 07'22" W S 44 54'31" W S 89 41'41" W N 00 07'22" E S 60 54'29" W S 89 32'54" W N 01 25'46" E 76.53' 26.22' ' 15.29' 41.97' 37.49' ' PREPARED BY: ALLEN W. KERLEY TX R.P.L.S. No DONNAN COURT. ARANSAS PASS, TEXAS (972) To: PME Oakmont Lancaster, LLC; Wintergreen/HS Partners, LTD. and Fidelity National Title Insurance Company in connection with GF Number: LT JH. This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6a, 6b, 8, 11, 13, 14, 16, 17, 18, 19 and 20 of Table A thereof. The field work was completed on January 30, Date of Plat or Map: 08/03/2018 Allen W. Kerley, R.P.L.S. No ALTA/NSPS LAND TITLE SURVEY TRACT 1: ACRES TRACT 2: ACRE SITUATED IN THE WILLIAM HOWERTON SURVEY, ABSTRACT No. 559 CITY OF LANCASTER, DALLAS COUNTY, TEXAS UPDATED: 08/03/2018 PROJECT No B

137 Exhibit B Depiction of the Facility City of Lancaster, Texas and PME Oakmont Lancaster, LLC Chapter 380 Economic Development Program and Agreement Page 13 of

138 180' PROJECT NORTH 96 TRAILER SPACES 185' 30 FUTURE TRAILER SPACES Roswell Mill 85-A Mill Street, Suite 200 Roswell, Georgia t f info@randallpaulson.com 240' 9 TRAILER SPACES DENTENTION POND 50' - 0" SPEED BAY 70 AUTO SPACES These plans and specifications are the property of Randall-Paulson Architects, Incorporated. These documents may not be copied, reproduced, used or implemented in any way, in part or in whole, without the written consent of Randall-Paulson Architects, Incorporated. All common law rights of copyright are hereby specifically reserved. OAKMONT 20/35 TYP. 1111' FUTURE GUARDHOUSE 70' - 0" 71 DOCK HIGH DOORS AND 2 DRIVE IN DOORS A 67' - 9" 56' - 0" 56' - 0" TYP. TYP. 67' - 9" FULL CONCRETE 125 FUTURE AUTO SPACES 26 FUTURE DOORS 34 FUTURE TRAILER SPACES SPECULATIVE 67' - 9" DENTENTION POND FUTURE GUARDHOUSE RAMP RAMP FULL CONCRETE TRUCK COURT 67' - 9" 540' OAKMONT 20/35 603,378 SF CROSS DOCK FOR 50' - 0" TYP. SPEED BAY 62 DOCK HIGH DOORS AND 2 DRIVE IN DOORS 70' - 0" T A R U U T C O K 144 AUTO SPACES 45 ' 25' FUTURE GUARDHOUSE 16 AUTO SPACES WEST DRIVE 55' 31 AUTO SPACES Print Record 50' 185' FULL CONCRETE TRUCK COURT 2900 WEST DRIVE CITY OF LANCASTER LANCASTER, TX TRAILER SPACES Revision Record FUTURE GUARDHOUSE 30' RAMP LONG HORN DRIVE RAMP 30' Date 18 OCTOBER 2018 Project No Sheet Title MARKETING SITE PLAN Sheet No. SK-01 Released for Construction Not Released for Construction

139 LANCASTER CITY COUNCIL City Council Regular Meeting 8. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Quality Development Shane Shepard, Director of Economic Development Agenda Caption: Discuss and consider a resolution ratifying the terms and conditions of an incentive grant by and between PME Oakmont Lancaster, LLC and the Lancaster Economic Development Corporation (LEDC). Background: PME Oakmont Lancaster, LLC, a Delaware Limited Liability Company, has purchased and closed on the property located on 2900 West Drive, Lancaster, TX The company intends to construct a warehouse-distribution building to lease to future tenants. The building will total approximately 600,000 square feet. This project will represent over $22,000,000 in new capital investment in Lancaster. The company has requested assistance with the overall construction and permitting costs associated with their project. A grant equal to $30,000 to assist with infrastructure costs associated with the construction of the building. PME Oakmont Lancaster, LLC is making approximately $296,000 in improvements to West Drive road. A grant equal to $40,000, or 50%, whichever is less, to assist with City permit fees associated with the construction of the building. Construction on the building must commence within twenty-four (24) months from the execution of the agreement between PME Oakmont Lancaster, LLC and the Lancaster Economic Development Corporation or the agreement will terminate and any incentive payments must be repaid to the Lancaster Economic Development Corporation. All funds are rebates. No funds are advancements. Legal Considerations: The City Attorney has reviewed and approved as to form. Public Information Considerations: This item is being considered at a Regular Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Fiscal Impact: The grant, if fully exercised would total $70,000, and funds are available within fiscal year 2018/2019 budget.

140 Options/Alternatives: 1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution. Recommendation: Staff recommends approval of the resolution, as presented. Attachments Resolution Exhibit A LEDC November 1, 2018 Minutes - Draft

141 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, RATIFYING THE TERMS AND CONDITIONS OF AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BY AND BETWEEN THE LANCASTER ECONOMIC DEVELOPMENT CORPORATION (LEDC) AND PME OAKMONT LANCASTER, LLC, AND AUTHORIZING THE LANCASTER ECONOMIC DEVELOPMENT CORPORATION (LEDC) TO ENTER INTO A FORMAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, PME Oakmont Lancaster, LLC has selected Lancaster as the location for their newest facility; and WHEREAS, pursuant to Lancaster Economic Development Corporation (hereinafter "LEDC") Resolution which was passed and approved on the 1st of November, 2018 by the Board of Directors of the Lancaster Economic Development Corporation (LEDC), offering an incentive grant to PME Oakmont Lancaster, LLC; and WHEREAS, the City of Lancaster and LEDC recognize the importance of their continued role in economic development in the community of Lancaster; and WHEREAS, the City of Lancaster and LEDC are authorized by state law to issue grants in order to promote local economic development by stimulating the local economy; and WHEREAS, an Economic Development Incentive Agreement containing the terms of the grant of incentives from the LEDC is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. The City Council of the City of Lancaster, Texas ratifies the November 1, 2018 actions of the Boards of Directors of the LEDC approving an incentive grant to PME Oakmont Lancaster, LLC. SECTION 2. The City Council authorizes LEDC to enter into an incentive agreement with PME Oakmont Lancaster, LLC, which is attached hereto and incorporated herein as "Exhibit A". SECTION 3. This Resolution shall take effect immediately from and after the date of passage and is so resolved. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

142 Exhibit "A"

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158 MINUTES 35 LANCASTER ECONOMIC DEVELOPMENT CORPORATION BOARD MEETING OF NOVEMBER 1, 2018 The Lancaster Economic Development Corporation board members of the City of Lancaster, Texas, met in a called Regular Session in the Conference Room of City Hall on November 1, 2018 at 7:00 p.m. with a quorum present to-wit: Board Members Present: Ted Burk, President Octavia Giadolor, Board member Sandi Collier, Board member Board Members Absent: Ellen Clark, Vice President Ric Peterson, Board member City Staff Present: Opal Mauldin-Jones, City Manager Shane Shepard, Director of Economic Development Mayra A. Ortiz, Board Secretary Call to Order President Burk called the meeting to order at 7:06 p.m. on November 1, Consider approval of minutes from the Lancaster Economic Development Corporation (LEDC) Regular Meeting held on September 20, MOTION: Boardmember Collier made a motion, seconded by Boardmember Giadolor, to approve consent item 1. The vote was cast 3 for, 0 against [Clark and Peterson absent]. 2. Discuss and consider a resolution approving the terms and conditions of an incentive grant by and between PME Oakmont Lancaster, LLC and the Lancaster Economic Development Corporation (LEDC). Director of Economic Development Shepard spoke on item 2 and shared that PME Oakmont Lancaster, LLC has purchased and closed on the property located on 2900 West Drive. The building will total approximately 600,000 square feet. This project will represent over $22,000,000 in new capital investment in Lancaster. The company requested assistance with the overall construction and permitting costs associated with the project: A grant equal to $30,000 to assist with infrastructure costs associated with the construction of the building. PME Oakmont Lancaster is making approximately $296,000 in improvements to West Drive road; A grant equal to $40,000, or 50%, whichever is less, to assist with City permit fees associated with the construction of the building; Construction on the building must commence within twenty-four (24) months from the execution of the agreement between PME Oakmont Lancaster, LLC and the Lancaster Economic Development Corporation or the agreement will terminate and any incentive payments must be repaid to the Lancaster Economic Development Corporation; All funds are rebates. No funds are advancements. He shared that the grant, if fully exercised would total $70,000, and funds are available within fiscal year 2018/2019 budget. Boardmember Giadolor inquired if there are employment requirements. Director of Economic Development Shepard stated that the company intends to construct a warehouse-distribution building to lease to future tenants. MOTION: Boardmember Giadolor made a motion, seconded by Boardmember Collier, to approve item 2. The vote was cast 3 for, 0 against [Clark and Peterson absent]. 3. Discuss and consider a resolution authorizing the allocation of $150,000 to assist in matching a $4.8 million grant for a Heating, Ventilation, and Air Conditioning skill development program provided by Cedar Valley College. Director of Economic Development Shepard spoke on item 3 and shared that Cedar Valley College (CVC) intends to develop a state-of-the art Heating, Ventilation, Air Conditioning (HVAC) Commercial program. The program will be implemented at the CVC campus. It will entail a 16,088 s/f facility and the purchase of equipment in the amount of $615,672. Cedar Valley College will provide a comprehensive HVAC training program that will prepare students for careers in industry positions in the north Texas service area and beyond. These programs will allow students to obtain

159 36 marketable skills in order to make an above average salary in a high demand industry. The median salary in the City is currently $36,344. The median salary in North Texas for Heating, Air Conditioning, and Refrigeration Mechanics is $43,680 annually. There are currently 7,660 HVAC positions in the DFW area. From , there will be a 28.5% increase in demand requiring an additional 2,183 HVAC positions. There are currently 1,003 HVAC positions that are open in the Lancaster regional job market. Development of the program must be operational within twentyfour (24) months from allocations of funds from the Economic Development Corporation and ratification by City Council. Allocated funds must be used for real or business personal property purchases. President Burk requested additional comments from Cedar Valley College representative. Patricia A. Davis, 3030 North Dallas Avenue, made a presentation regarding item 3. She shared that Cedar Valley College has offered residential heating and air conditioning certificates and degrees for over thirty years. Over the years, enrollment in this program has increased but hit a plateau. Understanding the stability of the program and wanting to meet the needs of business and industry, Cedar Valley College is dedicated to expanding its existing program with Commercial and Controls option for heating and air conditioning. Other entities requested to participate include: Cedar Hill Economic Development Corporation, DeSoto Economic Development Corporation, and the City of Dallas. Additionally, the Texas Workforce Commissions will match a grant award of $150,000 to assist with the development of the Commercial Lab. The overall estimated cost of the commercial HVAC lab is $4.8 million. She noted that the Dallas County College District is allocating $4 million to the program but is requesting support from the City and Economic Development Corporation (EDC) to participate by allocating funds to assist with real and business personal property to be utilized within the program. The total match for the grant is $150,000. President Burk inquired about the number of instructors required for the new program. Ms. Davis shared that five of the current instructors are in training for the certification of the commercial program and CVC may seek to hire additional instructors. However, CVC is expecting to have approximately 96 students in the commercial program on an annual bases. MOTION: Boardmember Collier made a motion, seconded by Boardmember Giadolor, to approve item 3. The vote was cast 3 for, 0 against [Clark and Peterson absent]. MOTION: Boardmember Collier made a motion, seconded by Boardmember Giadolor, to adjourn. The vote was cast 3 for, 0 against [Clark and Peterson absent]. Meeting was adjourned at 7:38 p.m. ATTEST: Mayra A. Ortiz, Board Secretary APPROVED: Ted Burk, President

160 LANCASTER CITY COUNCIL City Council Regular Meeting 9. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Quality Development Shane Shepard, Director of Economic Development Agenda Caption: Discuss and consider a resolution ratifying the authorization of allocation of one hundred fifty thousand dollars ($150,000) by the Lancaster Economic Development Corporation to Cedar Valley College to assist in matching a $4.8 million grant for a Heating, Ventilation, and Air Conditioning skill development program provided by Cedar Valley College. Background: Cedar Valley College (CVC) intends to develop a state-of-the art Heating, Ventilation, Air Conditioning (HVAC) Commercial program. The program will be implemented at the CVC campus. It will entail a 16,088 s/f facility and the purchase of equipment in the amount of $615,672. Cedar Valley College has offered residential heating and air conditioning certificates and degrees since Over the years, enrollment in this program has increased but hit a plateau. Understanding the stability of the program and wanting to meet the needs of business and industry, Cedar Valley College is dedicated to expanding its existing program with Commercial and Controls option for heating and air conditioning. The relationship Cedar Valley established by being a member of National Coalition of Certification Centers (NC3) has allowed them to explore opportunities with Trane, U.S., Inc. With the help of NC3 and Trane, Cedar Valley College will become a training and certification center of excellence for students, other schools in the region, and the technician service industry, this includes but is not limited to Heating, Ventilation, Air-Conditioning (HVAC) and Controls. Understanding and meeting the needs of Lancaster, addressing Grow South, Best Southwest and labor market, Cedar Valley will provide a comprehensive HVAC training program that will prepare students for careers in industry positions in the North Texas service area and beyond. These programs will allow students to obtain marketable skills in order to make an above average salary in a high demand industry. The median salary in Lancaster, Texas is currently $36,344. The median salary in North Texas for Heating, Air Conditioning, and Refrigeration Mechanics is $43,680 annually with a growth rate of 27.90% between 2012 and There are currently 7,660 HVAC positions in the DFW area. From , there will be a 28.5% increase in demand requiring an additional 2,183 HVAC positions. There are currently 1,003 HVAC positions that are open in the Lancaster regional job market. CVC requested the City and Economic Development Corporation (EDC) to participate by allocating funds to assist with real and business personal property to be utilized within the program. The total match for the grant is $150,000. Other entities requested to participate include: Cedar Hill Economic Development Corporation, DeSoto Economic Development Corporation, and Dallas Economic Development Corporation. A grant of $150,000 to assist with the development of the Commercial Lab, is eligible for a matching award in equal amounts from the Texas Workforce Commissions. The overall estimated cost of the commercial HVAC lab is $4.8 million. Development of the program must be operational within twenty-four (24) months from allocations of funds from the Economic Development Corporation and ratification by City Council. Allocated funds must be

161 used for real or business personal property purchases. Receipts in the amount of $150,000 for said purchases must be submitted to the City of Lancaster, Department of Economic Development. Operational Considerations: The administrative elements of monitoring the incentive agreement are well within the scope of staff activities. This program will benefit our area by providing easy access to training for our citizens in a field that is in high demand and pays approximately 20% higher than the current Lancaster median income. Legal Considerations: The City Attorney as reviewed and approved the resolution and agreement as to form. Public Information Considerations: This item if being considered at a Regular Meeting of the City Council noticed and held in accordance with the Texas Open Meetings Act. Fiscal Impact: The grant, if fully exercised would total $150,000, an amount within the LEDC s fiscal year 2018/2019 incentive budget. Options/Alternatives: 1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution. Recommendation: Staff recommends approval of the resolution, as presented. Attachments Resolution Exhibit A LEDC November 1, 2018 Minutes - Draft

162 RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, RATIFYING THE TERMS AND CONDITIONS OF A GRANT BY AND BETWEEN CEDAR VALLEY COLLEGE AND THE LANCASTER ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING TO ENTER INTO A FORMAL AGREEMENT; PROVIDING AND EFFECTIVE DATE. WHEREAS, pursuant to Lancaster Economic Development Corporation (hereinafter LEDC ) Resolution which was passed and approved on the 1st of November, 2018 by the Board of Directors of the Lancaster Economic Development Corporation (LEDC), offering an incentive grant to Cedar Valley College (CVC); and WHEREAS, CVC is applying for a $150,000 grant in order to develop a state-of-the-art Heating Ventilation Air Conditioning training facility requiring a matching grant of $150,000; and WHEREAS, CVC has requested a grant for assistance with the matching funds associated with the development of a new state-of-the-art HVAC training center in the amount of $150,000; and WHEREAS, the City of Lancaster recognizes how important skills development is to the vitality, growth, and economic development of Lancaster; and WHEREAS, the City of Lancaster and LEDC recognize the importance of their continued role in economic development and skills development in the community of Lancaster; and WHEREAS, pursuant to Texas Local Government Code, Chapter 501, et seq, as amended, LEDC, as a non-profit corporation, in accordance with the Act, shall promote development and redevelopment within the municipality and its vicinity and create new manufacturing and industrial facilities, distribution centers, warehouse facilities and related facilities, through the use of a sales tax, which development and redevelopment would not otherwise occur solely through private investment in the reasonably foreseeable future; and WHEREAS, pursuant to the City s Charter, the Act and applicable Texas Statutes, the City has the authority to enter into agreements as the City considers necessary or convenient to implement economic development in Lancaster, Texas; and WHEREAS, pursuant to the Act and the bylaws of the Lancaster Economic Development Corporation (LEDC) has authority to enter into agreements as LEDC considers necessary or convenient to implement economic development in Lancaster, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. The City Council ratifies the November 1, 2018 actions of the Board of Directors of the Lancaster Economic Development Corporation approving a grant to Cedar Valley College (CVC). SECTION 2. The City Council authorizes Lancaster Economic Development Corporation (LEDC) to contribute $150,000 for skill development provided by Cedar Valley College, which is attached hereto and incorporated herein as "Exhibit A". SECTION 3. This resolution shall be effective from and after its passage as provided by law. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, 2018.

163 ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

164 Exhibit "A"

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170 delivered either by facsimile (with electronic information and a mailed copy to follow) or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: if to Developer: ifto LEDC: Cedar Valley College 3030 N. Dallas Avenue Lancaster, Texas Attn: Dr. Joseph Seabrooks Lancaster Economic Development Corporation 211 N. Henry Street Lancaster, Texas Attn: Shane Shepard (j) (k) Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. Time is of the Essence. Time is of the essence in the performance of this Agreement. [The Remainder of this Page Intentionally Left Blank] Pe,formance Agreement Lancaster Economic Development Corporation - Cedar Valley College Page 6 of8

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173 MINUTES 35 LANCASTER ECONOMIC DEVELOPMENT CORPORATION BOARD MEETING OF NOVEMBER 1, 2018 The Lancaster Economic Development Corporation board members of the City of Lancaster, Texas, met in a called Regular Session in the Conference Room of City Hall on November 1, 2018 at 7:00 p.m. with a quorum present to-wit: Board Members Present: Ted Burk, President Octavia Giadolor, Board member Sandi Collier, Board member Board Members Absent: Ellen Clark, Vice President Ric Peterson, Board member City Staff Present: Opal Mauldin-Jones, City Manager Shane Shepard, Director of Economic Development Mayra A. Ortiz, Board Secretary Call to Order President Burk called the meeting to order at 7:06 p.m. on November 1, Consider approval of minutes from the Lancaster Economic Development Corporation (LEDC) Regular Meeting held on September 20, MOTION: Boardmember Collier made a motion, seconded by Boardmember Giadolor, to approve consent item 1. The vote was cast 3 for, 0 against [Clark and Peterson absent]. 2. Discuss and consider a resolution approving the terms and conditions of an incentive grant by and between PME Oakmont Lancaster, LLC and the Lancaster Economic Development Corporation (LEDC). Director of Economic Development Shepard spoke on item 2 and shared that PME Oakmont Lancaster, LLC has purchased and closed on the property located on 2900 West Drive. The building will total approximately 600,000 square feet. This project will represent over $22,000,000 in new capital investment in Lancaster. The company requested assistance with the overall construction and permitting costs associated with the project: A grant equal to $30,000 to assist with infrastructure costs associated with the construction of the building. PME Oakmont Lancaster is making approximately $296,000 in improvements to West Drive road; A grant equal to $40,000, or 50%, whichever is less, to assist with City permit fees associated with the construction of the building; Construction on the building must commence within twenty-four (24) months from the execution of the agreement between PME Oakmont Lancaster, LLC and the Lancaster Economic Development Corporation or the agreement will terminate and any incentive payments must be repaid to the Lancaster Economic Development Corporation; All funds are rebates. No funds are advancements. He shared that the grant, if fully exercised would total $70,000, and funds are available within fiscal year 2018/2019 budget. Boardmember Giadolor inquired if there are employment requirements. Director of Economic Development Shepard stated that the company intends to construct a warehouse-distribution building to lease to future tenants. MOTION: Boardmember Giadolor made a motion, seconded by Boardmember Collier, to approve item 2. The vote was cast 3 for, 0 against [Clark and Peterson absent]. 3. Discuss and consider a resolution authorizing the allocation of $150,000 to assist in matching a $4.8 million grant for a Heating, Ventilation, and Air Conditioning skill development program provided by Cedar Valley College. Director of Economic Development Shepard spoke on item 3 and shared that Cedar Valley College (CVC) intends to develop a state-of-the art Heating, Ventilation, Air Conditioning (HVAC) Commercial program. The program will be implemented at the CVC campus. It will entail a 16,088 s/f facility and the purchase of equipment in the amount of $615,672. Cedar Valley College will provide a comprehensive HVAC training program that will prepare students for careers in industry positions in the north Texas service area and beyond. These programs will allow students to obtain

174 36 marketable skills in order to make an above average salary in a high demand industry. The median salary in the City is currently $36,344. The median salary in North Texas for Heating, Air Conditioning, and Refrigeration Mechanics is $43,680 annually. There are currently 7,660 HVAC positions in the DFW area. From , there will be a 28.5% increase in demand requiring an additional 2,183 HVAC positions. There are currently 1,003 HVAC positions that are open in the Lancaster regional job market. Development of the program must be operational within twentyfour (24) months from allocations of funds from the Economic Development Corporation and ratification by City Council. Allocated funds must be used for real or business personal property purchases. President Burk requested additional comments from Cedar Valley College representative. Patricia A. Davis, 3030 North Dallas Avenue, made a presentation regarding item 3. She shared that Cedar Valley College has offered residential heating and air conditioning certificates and degrees for over thirty years. Over the years, enrollment in this program has increased but hit a plateau. Understanding the stability of the program and wanting to meet the needs of business and industry, Cedar Valley College is dedicated to expanding its existing program with Commercial and Controls option for heating and air conditioning. Other entities requested to participate include: Cedar Hill Economic Development Corporation, DeSoto Economic Development Corporation, and the City of Dallas. Additionally, the Texas Workforce Commissions will match a grant award of $150,000 to assist with the development of the Commercial Lab. The overall estimated cost of the commercial HVAC lab is $4.8 million. She noted that the Dallas County College District is allocating $4 million to the program but is requesting support from the City and Economic Development Corporation (EDC) to participate by allocating funds to assist with real and business personal property to be utilized within the program. The total match for the grant is $150,000. President Burk inquired about the number of instructors required for the new program. Ms. Davis shared that five of the current instructors are in training for the certification of the commercial program and CVC may seek to hire additional instructors. However, CVC is expecting to have approximately 96 students in the commercial program on an annual bases. MOTION: Boardmember Collier made a motion, seconded by Boardmember Giadolor, to approve item 3. The vote was cast 3 for, 0 against [Clark and Peterson absent]. MOTION: Boardmember Collier made a motion, seconded by Boardmember Giadolor, to adjourn. The vote was cast 3 for, 0 against [Clark and Peterson absent]. Meeting was adjourned at 7:38 p.m. ATTEST: Mayra A. Ortiz, Board Secretary APPROVED: Ted Burk, President

175 LANCASTER CITY COUNCIL City Council Regular Meeting 10. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Quality Development Shane Shepard, Director of Economic Development Agenda Caption: Discuss and consider a resolution authorizing the City Manager to execute an economic development agreement pursuant to Chapter 380, Texas Local Government Code, by and between the City of Lancaster and Ollie s Bargain Outlet, Inc. Background: Ollies Bargain Outlet, Inc. (Ollie s) has entered into an agreement to purchase approximately 58 acres on Lancaster Hutchins Road to construct a warehouse distribution facility totaling approximately six hundred thousand (600,000) square feet for operations as a regional distribution facility. The business will employ 225 full-time workers within the first four years of operations and will pay market wages, currently between $14 and $16 per hour. The company estimates approximately $20,000,000 in value added capital investment at their site in Lancaster in real property and an additional $10,000,000 - $15,000,000 in business personal property. The company has applied for a real property and business personal property incentive grant in compliance with the City s Incentive Policy. Operational Considerations: Ollie s will annually submit receipts for real property tax payments in order to exercise the Grant. Within 60 days of verification of payment, the City will remit forty-five percent (45%) of the real property tax payment to the company for a period of five (5) years and sixty-five percent (65%) of business personal property tax payment to the company for a period of eight (8) years. Legal Considerations: The City Attorney has reviewed and approved the resolution and agreement as to form. Public Information Considerations: This item if being considered at a Regular Meeting of the City Council noticed and held in accordance with the Texas Open Meetings Act. Fiscal Impact: Based on the estimated value added capital investment submitted by the company and in consideration of the tax rebates, the project will represent approximately $704,843 over the first five year period in new City revenue after rebates; $657,131 for the following three years after rebates; and $303,628 per year thereafter when incentive agreement ends.

176 Options/Alternatives: 1. City Council may approve the resolution, as presented. 2. City Council may deny the resolution. Recommendation: Staff recommends approval of the resolution, as presented. Attachments Resolution Agreement

177 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, APPROVING A CHAPTER 380 AGREEMENT BY AND BETWEEN THE CITY OF LANCASTER, TEXAS, AND OLLIE'S BARGAIN OUTLET, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Lancaster, Texas, ( City ) desires to grant certain incentives to Ollie's Bargain Outlet, Inc., for the purpose of purchasing approximately 58 acres on Lancaster Hutchins Road to construct a warehouse distribution facility totaling approximately six hundred thousand (600,000) square feet for operations as a regional distribution facility; and WHEREAS, the City has adopted programs for promoting economic development, and an Economic Development Agreement ("Agreement") and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Chapter 380 of the Texas Local Government Code to issue grants in order to promote local economic development by stimulating the local economy; and WHEREAS, the Agreement containing the terms of the grant of incentives from the City is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. The City Council of the City of Lancaster, Texas approves a Chapter 380 Economic Development Agreement by and between the City of Lancaster and Ollie's Bargain Outlet, Inc. SECTION 2. The City Council authorizes the City Manager to execute the Economic Development Agreement between the City of Lancaster and Ollie's Bargain Outlet, Inc. SECTION 3. This Resolution shall take effect immediately from and after the date of passage and is provided by law. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

178 CITY OF LANCASTER, TEXAS AND OLLIE S BARGAIN OUTLET, INC. CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT This CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AND AGREEMENT (hereinafter referred to as the Agreement ) is made and entered into by and between the CITY OF LANCASTER, TEXAS, a Texas home-rule municipality (hereinafter referred to as the City ), and OLLIE S BARGAIN OUTLET, INC., a Pennsylvania corporation, (hereinafter referred to as the Owner ), for the purposes and considerations stated below: WHEREAS, the Owner desires to enter into this Agreement pursuant to Chapter 380 of the Texas Local Government Code (the Code ); and WHEREAS, the City desires to provide, pursuant to Chapter 380 of the Code an incentive to Owner to develop the Property as defined below; and WHEREAS, the City possesses the legal and statutory authority under Chapter 380 of the Code to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City of Lancaster, Texas; and WHEREAS, the City has determined that a grant of funds to the Owner will serve the public purpose of promoting local economic development, with the development and diversification of the economy of the State and City, will eliminate unemployment and underemployment in the State and City, and will enhance business and commercial activity within the City of Lancaster, Texas; and WHEREAS, the City has concluded and hereby finds that this Agreement clearly promotes economic development in the City of Lancaster, Texas, and, as such, meets the requisites under Chapter 380 of the Code, and further, is in the best interests of the City and the Owner; and WHEREAS, the City has concluded and hereby finds that this Agreement clearly promotes economic development in the City of Lancaster, Texas, and, as such, meets the requirements of Article III, Section 52-a of the Texas Constitution by assisting in the development and diversification of the economy of the State, by eliminating unemployment or underemployment in the State, and by the development or expansion of commerce within the State. NOW, THEREFORE, for and in consideration of the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner agree as follows:

179 SECTION 1. FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration and promises that bind the parties. SECTION 2. TERM. This Agreement shall be effective as of the Effective Date of this Agreement, as defined herein, and shall continue thereafter until November 12, 2028, unless terminated sooner under the provisions hereof. SECTION 3. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. (a) (b) (c) (d) (e) Agreement. The word Agreement means this Chapter 380 Economic Development Program and Agreement, authorized by Chapter 380 of the Code, together with all exhibits and schedules attached to this Agreement from time to time, if any. City. The word City means the City of Lancaster, Texas, a Texas home-rule municipality. For the purposes of this Agreement, City s address is 211 N. Henry Street, Lancaster, Texas Owner. The word Owner means Ollie s Bargain Outlet, Inc., whose address for the purposes of this Agreement is 6295 Allentown Boulevard, Suite 1, Harrisburg, PA Effective Date. The words Effective Date mean the date of the latter to execute this Agreement by and between the City and Owner. Event of Default. The words Event of Default mean and include any of the Events of Default set forth in the section entitled Events of Default in this Agreement. (f) Facility. The word Facility means Owner s warehouse/distribution facility to be constructed on the Property. The Facility shall be a minimum 600,000 square foot located on the Property, as generally described and/or depicted in Exhibit B of this Agreement, which is attached hereto and incorporated herein for all purposes. In order to qualify as the Facility under this Agreement, the facility must meet all of the following criteria: (1) be located within the City; (2) when completed and fully valued and assessed, have an ad valorem real property value of not less than $20,000, on the Dallas Central Appraisal District tax rolls; (3) construction of the Facility must be commenced no later than 120 (120) days from the Effective Date of this Agreement; and (4) construction of the Facility must be completed no later than eighteen (18) months from the Effective Date of the Agreement. City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 2 of 13

180 (g) (h) (i) Full-Time Equivalent Employment Positions. The words Full-Time Equivalent Employment Position or Full-Time Equivalent Employment Positions mean and include a job requiring a minimum of Two Thousand (2,000) hours of work averaged over a twelve (12) month period with such hours also to include any vacation and sick leave. Personal Property. The words Personal Property mean the tangible taxable personal property, including furniture, fixtures, inventory, and equipment, which is added to the Property after the Effective Date of this Agreement. Program Grant or Program Grant Payment. The words Program Grant or Program Grant Payment mean the economic development grants paid by the City to Owner in accordance with this Agreement. (j) Property. The word Property means the approximately acre tract of land consisting of Block A, Lot 1 of the Lancaster Commerce Center Subdivision, located within the City of Lancaster, Dallas County, Texas, as more particularly described and or depicted in Exhibit A of this Agreement, which is attached hereto and incorporated herein for all purposes. (k) (l) Real Property Taxes. Real Property Taxes. The words Real Property Taxes shall mean all real estate ad valorem taxes assessed and levied by the City and paid by Owner on the Facility after completion. Term. The word Term means the term of this Agreement as specified in Section 2 of this Agreement. SECTION 4. AFFIRMATIVE OBLIGATIONS OF DEVELOPER. The Owner covenants and agrees with City that, while this Agreement is in effect, it shall comply with the following terms and conditions: (a) (b) Construction of Facility. Owner covenants and agrees to commence construction of the Facility within one hundred and twenty (120) days of the Effective Date of this Agreement. Owner covenants and agrees to construct or cause to be constructed the Facility located on the Property for an amount not less than Twenty Million and No/100 Dollars ($20,000,000.00), and agrees to submit to the City invoices, receipts, or other documentation concerning the construction of the Facility in an amount of not less than Twenty Million and No/100 Dollars ($20,000,000.00), and in a form acceptable to the City within twenty-four (24) months of the Effective Date of this Agreement. Certificate of Occupancy. Owner covenants and agrees to obtain or cause to be obtained from the City a Certificate of Occupancy for the Facility located on the Property within eighteen (18) months of the Effective Date. City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 3 of 13

181 (c) Operate Facility. Owner covenants and agrees that beginning no later than eighteen (18) months following the issuance of a Certificate of Occupancy and during the Term of this Agreement to maintain and keep open the Facility located on the Property, excepting temporary closures due to Force Majeure events or temporary closures for remodeling, upgrades, similar improvements, or repairs to the Facility. (d) (e) Job Creation and Retention. Owner covenants and agrees that beginning no later than forty-eight (48) months following the issuance of the Certificate of Occupancy, and thereafter during the Term of this Agreement, to employ and maintain a minimum of two hundred and twenty-five (225) Full-Time Equivalent Employment Positions working at the Facility located on the Property. Performance. Owner covenants and agrees to perform and comply with all terms, conditions and provisions set forth in this Agreement, and any other agreements by and between the City and Owner. SECTION 5. AFFIRMATIVE OBLIGATIONS OF THE CITY. City covenants and agrees with Owner that, while this Agreement is in effect, it shall comply with the following terms and conditions: (a) Program Grant Payments. (1) Personal Property Tax. The City shall make a Program Grant Payment to Owner for the ad valorem taxes paid by the Owner to the City for the Personal Property for a period not to exceed eight (8) years. The first year of the Program Grant Payment pursuant to this Section 5(a)(1) of this Agreement shall be the first tax year that begins after the City issues a Certificate of Occupancy for the Owner s Facility located on the Property pursuant to Section 4(b) of this Agreement, and the Property is fully assessed by the taxing authorities. The Program Grant Payments shall be based upon the following percentages: Tax Years st through 8 th tax year after issuance of Certificate of Occupancy Percentage of City Personal Property Taxes Reimbursed 65% The City covenants and agrees to provide the Program Grant Payment to Owner within thirty (30) days following receipt of the ad valorem taxes paid to the City for the Property and Personal Property. (2) Real Property Tax. The City shall make a Program Grant Payment to Owner for the ad valorem taxes paid by the Owner to the City for Real Property Taxes for a period not to exceed five (5) years. The first year of the Program Grant Payment pursuant to this Section 5(a)(2) of this Agreement shall be the first tax year that City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 4 of 13

182 begins after the City issues a Certificate of Occupancy for the Owner s Facility located on the Property pursuant to Section 4(b) of this Agreement, and the Property is fully assessed by the taxing authorities. This Program Grant Payments shall be based upon the following percentages: Tax Years st through 5 th tax year after issuance of Certificate of Occupancy Percentage of City Real Property Taxes Reimbursed 45% (b) Performance. City agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements by and between the Owner and City. SECTION 6. CESSATION OF ADVANCES. If City has made any commitment to provide any Program Grant Payment to Owner, whether under this Agreement or under any other agreement, the City shall have no obligation to advance or disburse said Program Grant Payment if: (i) Owner becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or (ii) an Event of Default occurs and continues beyond the applicable notice and cure periods in Section 8, below. SECTION 7. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: (a) (b) (c) (d) General Event of Default. Failure of Owner or City to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement, or failure of Owner or City to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement by and between Owner and City is an Event of Default. False Statements. Any written warranty, written representation, or written statement made or furnished to the City by or on behalf of Owner under this Agreement that is false or misleading in any material respect, either now or at the time made or furnished is an Event of Default. Insolvency. Owner s insolvency, appointment of receiver for any part of Owner s property, any assignment for the benefit of creditors of Owner, any type of creditor workout for Owner, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Owner is an Event of Default. Ad Valorem Taxes. Owner allows its ad valorem taxes owed to the City to become City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 5 of 13

183 delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of such taxes and to cure such failure within thirty (30) days after written notice thereof from City and/or Dallas County Central Appraisal District is an Event of Default. SECTION 8. EFFECT OF AN EVENT OF DEFAULT. In the event of default under Section 7 of this Agreement, the non-defaulting party shall give written notice to the other party of any default, and the defaulting party shall have thirty (30) days to cure said default., Should said default remain uncured, the non-defaulting party shall have the right to terminate this Agreement or maintain a cause of action for damages caused by the event(s) of default. In the event the Owner defaults and is unable or unwilling to cure said default within the prescribed time period, the Program Grant Payments provided by the City to Owner pursuant to Section 5(a) of this Agreement, shall become immediately due and payable by the Owner to the City. SECTION 9. INDEMNITY. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMAND, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. SECTION 10. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: (a) (b) Amendments. This Agreement constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Dallas County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Dallas County, Texas. City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 6 of 13

184 (c) (d) (e) (f) (g) (h) (i) (j) (k) Assignment. This Agreement may not be assigned without the express written consent of the City of Lancaster. Attorneys Fees and Costs. In the event of any action at law or in equity between the parties to enforce any of the provisions hereof, to the extent allowed by law any unsuccessful party to such litigation shall pay to the successful party all costs and expenses, including reasonable attorneys fees (including costs and expenses incurred in connection with all appeals) incurred by the successful party, and these costs, expenses and attorneys fees may be included in and as part of the judgement. A successful party shall be any party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. City warrants and represents that the individual executing this Agreement on behalf of City has full authority to execute this Agreement and bind City to the same. Owner warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind it to the same. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. Entire Agreement. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, fire or other casualty, or court injunction, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation or requirement shall be extended for a period of time equal to the period such party was delayed. No Interpretation Against Drafter. Owner and City have participated in negotiating and drafting this Agreement, and agree that the Agreement is to be construed as if drafted jointly. The parties agree that the Agreement will not be interpreted or construed against either party should a need for interpretation or resolution of any ambiguity arise. Notices. Any notice or other communication required or permitted by this Agreement City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 7 of 13

185 (hereinafter referred to as the Notice ) is effective when in writing and (i) personally delivered either by to the addresses listed bleow (with electronic information and a mailed copy to follow) or by hand or (ii) upon receipt or refusal of delivery following deposit with the U.S. Postal Service, postage prepaid, certified with return receipt requested. The parties agree to keep the other party or parties informed of their address at all times during the Term of this Agreement. The Notices shall be addressed as follows: If to the City: With copy to: If to the Owner: City of Lancaster, Texas 211 N. Henry Street Lancaster, Texas Attn: Opal Mauldin-Jones, City Manager ojones@lancaster-tx.com Telephone: (972) Brown & Hofmeister, LLP Attn: David T. Ritter 740 E. Campbell Road, Suite 800 Richardson, TX dritter@bhlaw.net Ollie s Bargain Outlet, Inc Allentown Boulevard, Suite 1 Harrisburg, PA Attn: Robert Bertram, General Counsel Telephone: (l) (m) Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. Sovereign Immunity. No party hereto waives any statutory or common law right to sovereign immunity by virtue of its execution hereof. (n) Survival. All warranties, representations, and covenants made by Owner in this Agreement or in any certificate or other instrument delivered by Owner to City under this Agreement shall be considered to have been relied upon by the City and will survive the payment of any Program Grant Payments under this Agreement regardless of any investigation made by the City or on City s behalf. (o) Time is of the Essence. Time is of the essence in the performance of this Agreement, subject however, to the provisions of Section 10(i). City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 8 of 13

186 (p) Undocumented Workers. The Owner certifies that Owner does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Owner is convicted of a violation under 8 U.S.C. 1324a(f), Owner shall repay the amount of any public subsidy provided under this Agreement to Owner plus six percent (6.0%), not later than the 120 th day after the conviction of such violationowner. (q) (r) In accordance with Section of the Texas Government Code (as added by Tex. H.B. 89, 85 th Leg., R.S. (2017)), the Owner verifies that it does not boycott Israel and will not boycott Israel during the Term of this Agreement. In accordance with Section of the Texas Government Code (as added by Tex. S. B. 252, 85 th Leg., R.S. (2017), the Parties covenant and agree that Owner is not on a list maintained by the State Comptroller s office prepared and maintained pursuant to Section , , or of the Texas Government Code. [The Remainder of this Page Intentionally Left Blank] City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 9 of 13

187 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed. CITY: CITY OF LANCASTER, TEXAS, A Texas home-rule municipality ATTEST: By: Clyde C. Hairston, Mayor Date: Sorangel O. Arenas, City Secretary APPROVED AS TO FORM: David T. Ritter, City Attorney STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 12th day of November, 2018, by Clyde C. Hairston, Mayor of the City of Lancaster, Texas, a Texas home-rule municipality, on behalf of said municipality. Notary Public, State of Texas City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 10 of 13

188 DEVELOPER: OLLIE S BARGAIN OUTLET, INC. A Pennsylvania corporation By: Name: John Swygert Title: Executive Vice President/ Chief Operating Officer Date Signed: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN This instrument was acknowledged before me on the day of, 2018, by, of Ollie s Bargain Outlet, Inc. a Pennsylvania corporation, on behalf of said corporation. Notary Public, Commonwealth of Pennsylvania City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 11 of 13

189 Exhibit A Legal Description and/or Depiction of the Property City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 12 of 13

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192 Exhibit B Depiction of the Facility City of Lancaster, Texas and Ollie s Bargain Outlet, Inc. Chapter 380 Economic Development Program and Agreement Page 13 of 13

193 SITE PLAN DESIGN DRAWN DATE SCALE NOTES FILE NO. EXHB WINTERGREEN EXCHANGE

194 LANCASTER CITY COUNCIL City Council Regular Meeting 11. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda. Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: M18-06 Discuss and consider an ordinance abandoning a slope and grading easement and a portion of Eaton Avenue, within the Danieldale Resubdivision providing for the furnishing of a certified copy of the Ordinance for recording in the real property records of Dallas County, Texas as a deed; and providing an effective date. Background: 1. Location and Size: The property is dispersed within the Danieldale Resubdivision, located on the southeast corner of Oak Farms Boulevard and I-20 Frontage Road and is approximately two (2) acres in total. Date 2. Current Zoning: The subject properties are currently zoned SF-6 Single Family Residential and Light Industrial (LI). 3. Adjacent Properties: North: Planned Development - Southpointe Campus District, (Warehouse - Vacant ) South: SF-6 Single Family Residential - (Residential Lots - Vacant and Occupied) East: Planned Development - Southpointe Campus District (SITCO Lumber Company - Occupied) West: Planned Development (PD for Office Warehouse) #9 - Office Warehouse (Vacant Lot) 4. Related Case History: Body Action 04/09/1958 P&Z PS58-04 Approval of Residential Final Plat 01/02/2018 P&Z Z17-11 Tabled to February 6, 2018 P&Z Meeting 02/06/2018 P&Z Meeting Canceled 03/06/2018 P&Z Z17-11 Recommended Approval of the Zoning Change Request 03/26/2018 CC Z17-11 Approved the Zoning Change Request 05/14/2018 CC M18-06 Approved abandonment of portions of Patman Drive, Criswell Street, Brantley Drive, and 3 separate portions of 15' wide alleys within the Danieldale Subdivision.

195 Operational Considerations: The request is to abandon the Slope and Grading Easement and a portion of Eaton Avenue on the northeast side of the property. The Slope and Grading Easement was granted to PIHV South Pointe Industrial, LLC (Grantee) by the City Council in The Grantee's rights were assigned to LIT Industrial Limited Partnership (LIT), successor in title to PIHV South Pointe Industrial, LLC. LIT accepted the Slope Easement Property in its current "As-Is" condition and confirmed that "the City has no responsibility to perform any work in or any responsibility for the current condition of any previous construction work related to the Slope Easement Property." The easement is a non-exclusive perpetual easement which serves to grade and slope a public rights-of-way that is over, along, across and under the following properties: Brantley Drive, Eaton Avenue, and Patman Drive and allows for access to the rights-of-way (ROW). Eaton Avenue is directly south of the Slope and Grading Easement. LIT Industrial Limited Partnership (LIT) has granted a comprehensive release as is that will address any liability concerns of the City. Legal Considerations: The ordinance has been reviewed and approved as to form by the City Attorney. Public Information Considerations: This item is being considered at a Special Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. City Council may approve the ordinance, as presented. 2. City Council may approve the ordinance with changes and state those changes. 3. City Council may deny the ordinance. Recommendation: Staff recommends approval of the ordinance filing and noting the release of liability as an attachment to the ordinance. Attachments Ordinance

196 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, ABANDONING THE SLOPE AND GRADING EASEMENT AND A PORTION OF EATON AVENUE WITHIN THE DANIELDALE SUBDIVISION AS DEPICTED IN EXHIBIT A ; PROVIDING FOR RECORDING OF A CERTIFIED COPY OF THIS ORDINANCE IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS AS A DEED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lancaster, Texas, has determined that the Slope and Grading Easement and portion of Eaton Avenue described and depicted in Exhibit A no longer serve a public purpose and are of no use to the City of Lancaster; and WHEREAS, the City Council has determined that the real property interests described in Exhibit A should be abandoned, released and quit-claimed to the Grantee LIT INDUSTRIAL LIMITED PARTNERSHIP (LIT), and its successors and assigns in the interest of the public health, safety, and general welfare; and WHEREAS, Grantee has executed a release of liability in favor of the City and accounts the release "As-Is", attached as Exhibit "B"; WHEREAS, the City Council has determined that a certified copy of this ordinance should be provided for recording in the real property records of Dallas County Texas as a deed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the City Council finds that the Slope and Grading Easement and a portion of Eaton Avenue as described and depicted in Exhibit "A", (which is attached hereto and incorporated herein by reference), no longer serve a public purpose and the same be hereby abandoned by the City of Lancaster. SECTION 2. The City Secretary is hereby directed to certify a copy of the Ordinance and cause to be recorded in the Deed Records of Dallas County, Texas and the same shall be a Quitclaim Deed in favor of the underlying property owner in accordance with law. SECTION 3. That the abandonment provided for herein shall extend only to the public right, title and interest which the City of Lancaster, Texas, may have in and to the surface of said strips of publicly owned land, and shall be construed to extend only to such interests that the governing body of the City of Lancaster, Texas, may legally and lawfully abandon. SECTION 4. That the Mayor is hereby authorized to execute and deliver a quitclaim deed on a form approved by the City Attorney. SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide, and upon recording in the deed records of Dallas County. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, 2018.

197 ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

198 Exhibit "A" PROPERTY DESCRIPTION BEING ACRE TRACT OF LAND SITUATED IN THE CITY OF LANCASTER, DALLAS COUNTY, TEXAS AND BEING A PORTION OF PATMAN DRIVE (50' RIGHT-OF-WAY) AS RECORDED IN VOLUME 35, PAGE 213 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, AND BEING A PORTION OF BRANTLEY DRIVE (25' RIGHT-OF-WAY) AND BEING A PORTION OF EATON AVENUE (50' RIGHT-OF-WAY) AS RECORDED IN VOLUME 35, PAGE 213 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, SAID ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF SAID PATMAN DRIVE, SAID POINT BEING IN THE WEST LINE OF LOT 1 IN BLOCK 2 OF SOUTHPOINTE CORPORATE CENTER REPLAT, AN ADDITION TO THE CITY OF LANCASTER, DALLAS COUNTY, TEXAS AND RECORDED IN COUNTY CLERK'S FILE NO OF THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS; THENCE SOUTH 01" 48' 07" EAST ALONG THE EAST EAST RIGHT-OF-WAY LINE OF SAID PATMAN DRIVE AND THE WEST LINE OF SAID LOT 1 IN BLOCK 2 OF SOUTHPOINTE CORPORATE CENTER REPLAT FOR A DISTANCE OF FEET TO A POINT FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF SAID LOT 1 IN BLOCK 2 OF SOUTHPOINTE CORPORATE CENTER REPLAT AND BEING IN THE NORTH RIGHT-OF-WAY LINE OF AFORESAID BRANTLEY DRIVE; THENCE NORTH 89 05' 58" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF AFORESAID BRANTLEY DRIVE AND THE SOUTH LINE OF SAID LOT 1 IN BLOCK 2 OF SOUTHPOINTE CORPORATE CENTER REPLAT FOR A DISTANCE OF FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF AFORESAID BRANTLEY DRIVE AND THE EAST RIGHT -OF-WAY LINE OF AFORESAID EATON AVENUE; THENCE SOUTH oo 01' 46" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF AFORESAID EATON AVENUE AND PASSING THE COMMON CORNER OF SAID LOT 1 IN BLOCK 2 AND LOT 2 IN BLOCK 2 OF SAID SOUTHPOINTE CORPORATE CENTER REPLAT ADDITION AND ALONG THE WEST LINE OF SAID LOT 2 IN BLOCK 2 OF SAID SOUTHPOINTE CORPORATE CENTER REPLAT ADDITION FOR A DISTANCE OF FEET TO A POINT FOR CORNER, SAID POINT BEING THE NORTHWEST CORNER OF LOT 1 R IN BLOCK A OF SOUTHPOINTE ADDITION, AN ADDITION TO THE CITY OF LANCASTER, DALLAS COUNTY, TEXAS AND RECORDED IN COUNTY CLERK'S FILE NO OF THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS; THENCE SOUTH 88 58' 03" WEST AND LEAVING THE EAST RIGHT -OF-WAY LINE OF AFORESAID EATON AVENUE AND ACROSS AFORESAID EATON AVENUE FOR A DISTANCE OF FEET TO A POINT FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF AFORESAID EATON AVENUE, SAID POINT BEING IN THE EAST LINE OF LOT 19 IN BLOCK C OF DANIELDALE RESUBDIVISION, AN ADDITION TO THE CITY OF LANCASTER, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 35, PAGE 213 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS; BLUE SKY SURVEYING & MAPPING, CORPORATION MIDWAY ROAD DALLAS, TEXAS PHONE: (214) FAX: (214) DRPETREE@BLUESKYSURVEYING.COM TBPLS REGISTRATION No ABANDONMENT EXHIBIT 2.1 SLOPE EASEMENT, ACRE PARCEL DANIELDALE RESUBDIVISION CITY OF LANCASTER, DALLAS COUNTY, TEXAS DATE: APRIL 10, 2018 SCALE: 1 "=300' LancasterlH201H35sec\ExhibtsAbanonments SHEET 1 OF 3

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205 LANCASTER CITY COUNCIL City Council Regular Meeting 12. Meeting Date: 11/12/2018 Policy Statement: This request supports the City Council Policy Agenda Goal(s): Submitted by: Healthy, Safe & Engaged Community Quality Development Bester Munyaradzi, Senior Planner Agenda Caption: M18-23 Discuss and Consider an ordinance(s) amending Ordinance No (The Lancaster Development Code), Section Special Districts Subsection (b) Historic Preservation Overlay (HPO) District (2) Core Principles, Design Guidelines and Construction Standards of the Lancaster Development Code (LDC) adopting Historic District Regulations for Historic Residential Landmarks and properties within the Historic District. Background: The City Council Strategic Plan identifies the 2016 Comprehensive Plan Implementation Strategies as a priority and "Adopt Historic Area guidelines as regulations is listed as a top priority on the Short Term Implementation Action Plan section of of the Comprehensive Plan. The Historic Preservation Implementation Strategy also list "Adopt the Historic Area Guidelines as regulations" as priority one (1). This item is for the purpose of discussing Section Special Districts Subsection (b) Historic Preservation Overlay (HPO) District (2) Core Principles, Design Guidelines and Construction Standards of the LDC adopting Design Regulations for Historic Residential Landmarks and Properties within the Historic District. The Historic District Design Guideline were adopted in 2010, as shown on the following case history table. Historic District Design Guidelines History Date Body Action 02/09/2010 CC/P&Z/HLPC M09-07 Joint Work Session on adopting process 02/23/2010 HLPC M09-07 Historic District Design Guidelines recommended approval 03/02/2010 P&Z M09-07 Historic District Design Guidelines recommended approval 03/22/2010 CC M09-07 Approved Historic District Design Guidelines Operational Considerations:

206 Currently, the Historic District Guidelines are non-binding, non mandatory and cannot be enforced. Guidelines are suggestions that a property owner may choose to do or not to do. The City does not have authority to enforce guidelines. Lack of enforcement does not allow the City to preserve its rich heritage. The City of Lancaster is one of the earliest settlements in the State of Texas making it one of the oldest communities in the North Texas region. The City has rich heritage of business and residential building styles not found in other younger communities. On October 15, 2018, the City Council received a preservation from staff, Council requested staff to bring forward an ordinance amending Section Special Districts Subsection (b) Historic Preservation Overlay (HPO) District (2) Core Principles, Design Guidelines and Construction Standards of the Lancaster Development Code (LDC) adopting Design Regulations for Historic Residential Landmarks and Properties within the Historic District. This item serves to implement the 2016 Comprehensive Plan to adopt the Historic District Design Guidelines as Regulations; preserve the City of Lancaster's rich heritage while retaining and increasing the character of assets and value of Historic Landmarks and properties within the Historic District. Attached is the ordinance adopting Historic District Design Guidelines as Regulations. Legal Considerations: The City Attorney has reviewed and approved the ordinance as to form. Public Information Considerations: This item is being considered at a Regular Meeting of the City Council noticed in accordance with the Texas Open Meetings Act. Options/Alternatives: 1. City Council may approve the ordinance, as presented. 2. City Council may approve the ordinance with changes and state those changes. 3. City Council may deny the ordinance. Recommendation: Staff recommends approval of the ordinance, as presented. Attachments Ordinance Exhibit A

207 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANCASTER, TEXAS AMENDING ORDINANCE , (THE LANCASTER DEVELOPMENT CODE), ARTICLE (DISTRICT DEVELOPMENT REGULATIONS AND STANDARDS), SECTION (SPECIAL DISTRICTS) SUBSECTION (b) (HISTORIC PRESERVATION OVERLAY (HPO) DISTRICT) (2) (CORE PRINCIPLES, DESIGN GUIDELINES AND CONSTRUCTION) CHANGING SECTION (2) DESIGN GUIDELINES TO DESIGN REGULATIONS AND ADDING A NEW SUBSECTION (B) HISTORIC DISTRICT DESIGN REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lancaster, Texas has determined Ordinance , (the Lancaster Development Code) Article (Development Regulations and Standards) Section (Special Districts) Subsection (b) (Historic Preservation Overlay (HPO) District (2) (Core Principles, Design Guidelines and Construction) should be amended by changing Section (2) Design Guidelines to Design Regulations and by adding a new subsection (B) Historic District Design Regulations; and WHEREAS, the City Council finds this amendment to the Lancaster Development Code will serve, protect and enhance the public health, safety and general welfare and to attain to the goals of the City in the area of setting development standards in the City's Historic District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS: SECTION 1. That the Lancaster Development Code be, and the same is, hereby amended by amending Article (Development Regulations and Standards) Section (Special Districts) Subsection (b) (Historic Preservation Overlay (HPO) District (2) (Core Principles, Design Guidelines and Construction) by changing Section (2) Design Guidelines to Design Regulations and by adding a new subsection (B) Historic District Design Regulations. SECTION 2. Section is amended to read as follows: "Sec Special Districts A. General Overlay District Standards 1. Applicability. Overlay Districts are applied to land which has a traditional district already applied. It establishes additional uses and standards which may be either more or less restrictive than the underlying zoning district. The overlay district governs in all cases where it sets out a particular use or standard. Otherwise, standards and uses in the underlying district will govern. B. Historic Preservation Overlay (HPO) District. 1. Purpose. The protection, enhancement and perpetuation of districts and landmarks of historical and cultural importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. It is recognized that within the City of Lancaster numerous areas, sites and structures represent the unique confluence of time and place that shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural and cultural resources that constitute their heritage, and therefore this overlay district is intended to: A. Protect and enhance the district and landmarks which represent distinctive elements of Lancaster's historic, architectural and cultural heritage;

208 B. Foster civic pride in the accomplishments of the past; C. Protect and enhance Lancaster's attractiveness to visitors and the support and stimulus to the economy thereby provided; D. Insure the harmonious, orderly and efficient growth and development of the City; E. Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the City; F. Stabilize and improve values of such properties; G. Promote education of local history and proper methods of preservation; H. Assist in providing access to available funding mechanisms and resources that may be of benefit to properties within the historic district; and I. Provide guidance to property owners restoring, rehabilitating or reconstructing historic sites or structures within the city. 2. Core Principals, Design Regulations and Construction Standards. In considering any application for a permit or Certificate of Appropriateness, the approving authority shall use the following core principals, general design guidelines, and specific design standards (including specialized sub-area standards), as appropriate to evaluate the request. Core Principals are derived from the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings and are intended to demonstrate desired outcomes consistent with the purpose of historic preservation. Design Guidelines may apply to all historic districts, historic landmarks or they may vary between historic districts or landmarks as needed to preserve and protect unique cultural, historic, architectural or archeological traits distinguishing an area or site. Design Guidelines may contain both mandatory and non-mandatory provisions. Design Standards are mandatory elements that must be applied and/or evaluated for compliance within a specified historic district, sub-area within a historic district or as may be established for a designated historic landmark. A. Core Principles 1. Height. The height of any proposed alteration or construction should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district. 2. Proportions of Windows and Doors. The proportions and relationships between doors and windows should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures within the historic district. 3. Relationship of Building Masses and Spaces. The relationship of a structure within an historic district to the open space between it and adjoining structures should be compatible. 4. Roof Shape. The design of the roof should be compatible with the original architectural style and appearance of the landmark or structure, and with the surrounding structures in the historic district. 5. Landscaping. Landscaping should be compatible with the original architectural character and appearance of the landmark or structure, and with the surrounding structures and landscapes in the historic district.

209 6. Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district. 7. Directional Expression. The facade of a structure within an historic district after alteration construction, or partial demolition should fit into the pattern of facades in the historic district with regard to the structure's general orientation on the lot and to the street, the setback of the structure from the street, the orientation of the main entrance and the orientation and dimension of porches. The directional expression of a landmark or structure within an historic district after alteration, construction or partial demolition should be compatible with its original architectural style and character. 8. Architectural Details. Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district. B. Historic District Design Regulations. Detailed Design Regulations for Historic Residential Landmarks and Properties within the Historic District of the City of Lancaster are attached for reference. The following regulations establish minimal standards, are general in nature and will be considered in the review of an application for a Certificate of Appropriateness within any Historic District or Historic Landmark. 1. Height. The height of any proposed alteration or construction should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district. 2. Proportions of Windows and Doors. The proportions and relationships between doors and windows should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures within the historic district. 3. Relationship of Building Masses and Spaces. The relationship of a structure within an historic district to the open space between it and adjoining structures should be compatible. 4. Roof Shape. The design of the roof should be compatible with the original architectural style and appearance of the landmark or structure, and with the surrounding structures in the historic district. 5. Landscaping. Landscaping should be compatible with the original architectural character and appearance of the landmark or structure, and with the surrounding structures and landscapes in the historic district. 6. Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with the original architectural style and character of the landmark or structure, and with the surrounding structures in the historic district. 7. Directional Expression. The facade of a structure within an historic district after alteration construction, or partial demolition should fit into the pattern of facades in the historic district with regard to the structure's general orientation on the lot and to the street, the setback of the structure from the street, the orientation of the main entrance and the orientation and dimension of porches. The directional expression of a landmark or structure within an historic district after alteration, construction or partial demolition should

210 be compatible with its original architectural style and character. 8. Architectural Details. Architectural details including materials, colors and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district. C. Historic Town Square Design Standards. For commercial buildings in the Historic Town Square District, the Committee shall consider the following guidelines in reviewing an application for a Certificate of Appropriateness. All new commercial construction shall comply with the standards contained in the adopted Design Guidelines for New Commercial Construction in the Historic Town Square District. 1. Construction materials. All buildings shall be of masonry construction or masonry veneer to appear as traditional masonry construction. 2. Exterior finishes. Exterior treatment may be either brick or stucco. However, existing brick of exterior grade shall not be stucco. Existing unpainted brick shall not be painted except where necessary to provide a uniform color (for example, to hide repair work). Unpainted brick should be compatible with existing Ferris Red brick buildings. Modern (multi-color) brick blends are prohibited. If the brick or stucco is painted, the building body and its trim shall be of colors complimentary to 1890's- 1930's commercial buildings. The use of stone shall be limited to coping and trim. 3. Windows. Upper facade windows shall be placed symmetrically on the facade. Window framing materials shall be appropriate to the architectural style of the building. Windows other than transoms and display windows fronting onto the Town Square, shall be rectangular with the proportion of the height being no smaller than two and one-half times (21/2) the width and no larger than four (4) times the width. Display windows shall be of a height consistent with other historic buildings in the Town Square. 4. Doors. Each main or principal door shall have a transom above it. All doors and frames shall appear to be of wood construction, with or without glass, and of a design complimentary to 1890's-1930's commercial architecture. 5. Roof. The roof shall be a flat roof, not to exceed a 1.5":12" slope or acceptable engineered design. Roofs are encouraged to drain away from the Square. Building walls shall extend to parapets which shall enclose the roof area, masking the appearance of rooftop units from the Square. If visible from a public right-of-way, down spouts or scuppers shall be painted. 6. Height. The height of the building shall not be greater than two (2) stories, or thirty- five (35) feet in height. Towers and decorative ornaments shall not exceed a height greater than twenty (20) percent of the height of the building. 7. Canopies. Canopies shall be constructed of permanent metal or masonry construction which meet fire codes and shall comply with Building Codes, and shall not be constructed of a temporary material such as canvas. A private canopy constructed over public property may not be supported from the ground. A canopy constructed over private property may be attached to the building or supported from the ground. The design and color shall be complimentary to commercial building canopies of the 1890's-1930's. The height, width and spacing of supports shall be compatible with existing public canopies on the Town Square. 8. Accessory structures. Accessory structures, such as canopies, gazebos and kiosks, shall be permitted in interior open spaces visible from the public right-of-way. They shall be consistent with or complimentary to the commercial architecture of the 1890's-1930's.

211 9. Landscaping and accessory items. Landscaping and accessory items including but not limited to public lighting, trash bins, park benches, decorative railings/chains, public barriers, planters, flower boxes, ash trays, public fountains and statues and yard art shall be permitted in interior open spaces visible from the public right-of- way. They shall be complimentary to the architecture of the 1890's 's. For reasons of public safety, landscape planting on public property by private individuals or businesses shall be subject to review if the plantings will exceed thirty (30) inches upon maturity. 10. Minimum Front Yard Setback. none 11. Minimum Rear Yard Setback. none 12. Minimum Side Yard Setback. none 13. Minimum Lot Depth. 45 feet 14. Minimum Lot Frontage. 25 feet 15. Maximum Density. FAR 2:1 16. Signs. See Article Signs Historic District D. Ordinary Maintenance and Repair 1. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark when such repair does not eliminate, alter, or replace a distinguishing interior or exterior architectural, cultural or historic feature of the landmark. 2. Nothing in this section shall be construed to prevent the ordinary maintenance and repair of buildings, structures or features within a property within an historic district which does not involve an alteration, construction or removal resulting in a change in exterior architectural appearance of the property. 3. The definition of ordinary maintenance and repair applies, whenever appropriate, to the appurtenances and environmental setting of the property, as well as the building, structure or object itself. Specific items considered ordinary maintenance and repair include the following: a. Repair or replacement of roofs, gutters, siding, external doors and windows, trim, lights and other appurtenant fixtures with like materials of like design. b. Landscaping not requiring other city permits or approval. c. Paving repair using like materials of like design. d. Repainting of surfaces. E. Demolition by Neglect 1. Exterior Neglect. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the exterior of the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Committee, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

212 Examples of such deterioration include: a. Deterioration of exterior walls or other vertical supports. b. Deterioration of roofs or other horizontal members. c. Deterioration of exterior chimneys. d. Deterioration or crumbling of exterior stucco or mortar. e. Ineffective waterproofing of exterior walls, roof or foundations, including broken windows or doors. f. Deterioration of paint including significant, cracking, flaking, separation, or discoloration. g. Intrusion or growth of trees, vines, or other plants that have caused damage to a structure or that creates an unreasonable risk of damage to a structure. 2. Interior Neglect. No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the interior portions of the structure or property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Committee, produce a detrimental effect upon the structural integrity of such structure or property which could make demolition necessary for the public safety." SECTION 3. That all provisions of the Lancaster Development Code in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the Lancaster Development Code not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Lancaster Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Lancaster Development Code, as amended hereby, which shall remain in full force and effect. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the provisions of the Code of Ordinances of the City of Lancaster, Texas, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Lancaster, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its passage and publication as required by law. DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 12th day of November, ATTEST: APPROVED: Sorangel O. Arenas, City Secretary Clyde C. Hairston, Mayor APPROVED AS TO FORM: David T. Ritter, City Attorney

213 EXIHIBIT A HISTORIC DISTRICT DESIGN REGULATIONS Historic Residential Landmarks and Properties within the Historic District of Lancaster, Texas City of Lancaster, Texas June 23, 2009 DRAFT July 4, 2009 Revised February 2, 2010 Final Draft November, 2018 Revised

214 TABLE OF CONTENTS Acknowledgement... I Table of Contents... II Chapter 1. Introduction and General Information Introduction to Regulations History of Lancaster Districts and Landmarks Lancaster s Historic Landmark Committee Certificate of Appropriateness Process Following an HLPC Recommendation Certificate of Appropriateness Forms Demolition by Neglect How to Use these Regulations... 7 Chapter 2. Residential Design Brief History of Residential Development in Lancaster Residential Styles in Lancaster Folk or Vernacular (ca. 1860s-1915) Folk Victorian (ca ) Queen Anne (Victorian) (ca ) Colonial Revival (ca ) Arts and Crafts (Craftsman, Bungalows, and Prairie) ( s) Tudor Revival (1920s-1940) Classical Revival (1920s-1950s) Minimal Traditional ( s) Ranch ( s) Character Defining Features Reading your Building Chapter 3. Design Regulations Chapter 3.1: Porches and Porte-cocheres Introduction Front Porch Designs Existing Front Porches New or Replacement Front Porches Existing Side and Rear Porches New or Replacement Side and Rear Porches Porch Elements: Columns, Railings, Flooring, etc Ramps at Porches Porte-cocheres Chapter 3.2: Entrances and Doors Introduction Door Styles Existing Doors and Entrances LANCASTER HISTORIC RESIDENTIAL DESIGN II

215 3.2.3 New or Replacement Doors and Entrances Rehabilitation of Doors and Entrances Routine Maintenance Stabilization Weatherization Wood Door Sill Replacement Storm Doors Screen Doors Chapter 3.3: Windows Introduction Window Styles Existing Windows New Windows Window Screens Storm Windows Interior Storm Windows Security Grilles or Bars Ceilings at Windows Rehabilitation of Wood Windows Routine Maintenance Stabilization Parts Replacement Weatherization Chapter 3.4: Awnings and Canopies Introduction Awnings Existing Awnings New or Replacement Awnings Canopies Existing Canopies New or Replacement Canopies Chapter 3.5: Wood Siding and Trim Introduction Types of Siding New Wood Siding and Trim Repair and Replacement of Existing Wood Siding Cleaning and Painting of Existing Wood Siding Chapter 3.6: Synthetic (Non-wood) Siding Synthetic Siding Materials Cementitious Boards Siding Chapter 3.7: Masonry Introduction Existing Masonry Painting of Historic Masonry Removal of Paint from Historic Masonry Masonry Repairs LANCASTER HISTORIC RESIDENTIAL DESIGN III

216 3.7.5 Cleaning of Masonry Types of Cleaning Test Patch Water Cleaning Chemical Cleaning Mechanical Cleaning Water Repellent and Waterproof Coatings Repointing Mortar Joints Chapter 3.8: Foundations and Skirting Foundations Post and Beam Foundation Mudsill Foundation Perimeter Beam Foundation: Skirting Other Foundation Elements Chapter 3.9: Roofs Introduction Roof Styles and Ornamentation Gable Roofs Hip Roofs Flat Roofs Historic Roofing Materials Wood Shingles and Shakes Metal Roofing Composition Shingles Asphalt Roofing Other Roofing Materials Existing Roofs Chapter 3.10: Color Design and Paint Introduction Color Palette Body Color Trim Colors Accent Colors Painting Painting of Non-wood Surfaces Chapter 3.11: Signs and Lighting - To Be provided Chapter 3.12: Additions Introduction Addition Materials Windows at Additions Chapter 3.13: New Construction Introduction Materials of New Construction Chapter 3.14: Outbuildings and Accessory Buildings LANCASTER HISTORIC RESIDENTIAL DESIGN IV

217 Introduction Exiting Outbuildings New Outbuildings Chapter 3.15: Landscaping Introduction Landscape design Chapter 3.16: Fences and Site Elements Introduction Historic Fences New Fences...81 Introduction to Site Elements Sidewalks, Driveways and Parking Areas Site Elements in Rear Yards (decks, swimming pools, children's play equipment) Historic Site Elements Service Areas and Satellite Dishes Other Site Landscape Elements...86 Chapter 3.17: Mechanical Equipment Introduction Mechanical Equipment Roof Vents, Turbines, Skylights, and Other Equipment Utility Meters Chapter 3.18: Demolition Appendix A: Terms and Definitions Appendix B: National Parks Service (NPS) Preservation Briefs Appendix C: Resources and Bibliography Appendix D: Certificate of Appropriateness (COA) Form and Historic Preservation District (HPO) Boundary Map Appendix E: Designated Sites and Property Descriptions for the Historic Preservation District (HPO) Boundary Map Areas LANCASTER HISTORIC RESIDENTIAL DESIGN V

218 CHAPTER 1. INTRODUCTION AND GENERAL INFORMATION 1.1 INTRODUCTION TO DESIGN REGULATIONS These Design Regulations for Historic Residential Properties within the designated Historic District and recognized Landmarks listed on the National register of Historic Places or Recorded Texas Historic Landmarks within the city limits of Lancaster, Texas' will be the General Design Regulations section of the Lancaster Development Code pertaining to historic residences within any Historic District or Historic Landmark (Section (b) (2) B). These Regulations will serve owners of historic properties who are considering modifications to their properties, for those who may be planning new construction or additions to their historic properties, and by members of the Historic Landmark Preservation Committee (HLPC) in reviewing such proposed modifications for appropriateness and compatibility. These design regulations will also assist property owners in making cost effective choices when planning an exterior rehabilitation or renovation. In addition, these Regulations offer suggestions for the normal repair and maintenance associated with historic properties. Any exterior alterations to structures or buildings (including alterations to doors and windows) and sites, demolition of existing buildings and new construction require that a Certificate of Appropriateness (COA) be reviewed by the HLPC before any modifications can begin. After review by the HLPC, the recommendations are presented to the Planning and Zoning Commission, which may, in turn, provide a recommendation to City Council. Alterations that are considered minor exterior alterations also require a COA but will be reviewed by staff; refer to section 1.4 Certificate of Appropriateness Process within this chapter for additional information. HLPC members, appointed by the Lancaster Planning and Zoning Commission and approved by the City Council, are Lancaster residents; their goal is to assist in the development of the most cost effective, quality, and historically appropriate project possible. For further information about Lancaster s Design Regulations or to obtain the necessary Certificate of Appropriateness forms, please contact the Development Services Department of the City of Lancaster Planning Division at 1425 N. Dallas Ave., Suite #101, Lancaster, Texas Information can also be found on the city s website at: HISTORY OF LANCASTER Lancaster is one of the oldest communities in north central Texas. The area was settled by members of the Peters Colony. On August 30, 1841, Republic of Texas President Lamar signed a contract with the W. S. Peters Company, authorizing the introduction of 600 families into Texas. The first group to arrive in the Lancaster area was led by Roderick Rawlins and his family. The Rawlins group set out from Greene County, Illinois, in September 1844 and arrived in the Lancaster area on January 2, They settled on the north bank of Ten Mile Creek, forming a community known as Hardscrabble. This temporary community consisted of two rows of log structures near the north edge of what is today Edgewood Cemetery on Nokomis Road. Pleasant Run, the second community to be established in the Lancaster area, was founded in 1846, several miles north of Hardscrabble. M. M. Miller, and his wife Polly, who was one of Roderick Rawlins s daughters, built a two-room structure near what is now the intersection of Pleasant Run Road and Dallas Avenue. The Millers lived in one half of the building and established a general store in the other half. In 1848, the Millers store became a post office as well, with bi-weekly delivery, and Miller was appointed postmaster. By the 1850 s, Miller had laid out a town and LANCASTER HISTORIC RESIDENTIAL DESIGN INTRODUCTION / 1

219 sold lots; however, he never filed a plat of the town with Dallas County. At its peak, Pleasant Run boasted a stage stop, a hotel, a tin shop, a blacksmith, a woodworking shop, a steampowered grist mill, and a school, in addition to the Miller s store. The founder of Lancaster was Honest A Bledsoe. He was born in Lancaster, Garrard County, Kentucky, in An interesting note about his name: according to family lore, when his father, Moses Bledsoe, first looked at his newborn son, he is said to have remarked, he looks like a Bledsoe. Thus his name, A Bledsoe, is unmarked by a period. As a young man, Bledsoe had settled in Missouri. In 1846, he ventured to the new state of Texas. Liking what he saw, he secured a 640 acre tract of land one mile west of what was later to become the town site of Lancaster and returned to Missouri to collect his wife and six children. Once his family was settled in Texas, Bledsoe began various speculative enterprises by which he hoped to make his fortune. Bledsoe surveyed and staked off the original town of Lancaster in He purchased the land for the site of his new town from the widow of Roderick Rawlins, Mildred Parks Rawlins. Bledsoe laid out the town square and adjacent streets in the exact pattern of his birthplace, Lancaster, Kentucky. In this pattern, the streets enter the town square from the center of each side rather than from the corners. A Bledsoe s grandfather, Joseph Bledsoe, had used this same design when he laid out the town in Kentucky, borrowing the pattern from Independence Square in Philadelphia. Bledsoe began to sell lots in his new town at a public auction in 1853, although the plat of the town was not recorded in Dallas County until Reportedly, Bledsoe gave away as many as two-thirds of the lots to attract settlers from nearby Pleasant Run. Lancaster s growth accelerated following the death of M. M. Miller in 1860 and Lancaster soon surpassed its neighborhood as the dominant community in the area. Incorporated in May 1866, Lancaster was one of the first incorporated communities in Dallas County. Over the years, Lancaster s town square retained the look and feel of the 19 th century north Texas market town. Sometime in 1876, the first public well was dug in the center of the square. Major fires devastated the square in 1877, 1889, and 1918, but each time the square was rebuilt. In 1922, the square was paved and the circular park in the center of the square was created, with a bandstand. In the 1940 s, the Lancaster Garden Club landscaped the center of the square, lacing a wishing well on the site of the town s original well. Throughout the 1950 s, the town square remained the center of town. By the 1970s, however, Lancaster s downtown had suffered the loss of businesses, just like many other small downtown areas. In 1975, the town square was the focus of an urban renewal project. Buildings were restored, brick sidewalks were installed, the public canopy was erected, and North Centre Street was closed to create a pedestrian mall. That same year, the city s first historic preservation ordinance was passed and the five historic districts were created. In April 1994, a tornado ripped a path through Lancaster, destroying more than 200 homes and damaging or destroying every building on the town square. The tremendous rebuilding efforts following the tornado resulted in a number of awards, including three Texas Downtown Association Awards (Best New Construction for the Green Building in 1995, Best Community Service Project for the Wishing Well Perennial Garden created by Save Our Square, Inc., in 1996, and Best Rehabilitation for the White & Co. Bank Building in 1997) and a Great American Home Award (first place for exterior rehabilitation) award to the Strain Farmstead by the National Trust for Historic Preservation. Lancaster boasts three houses listed on the National Register of Historic Places: the W. A. Strain Farmstead, the Randlett House, and the Captain R. A. Rawlins House. The Strain Farmstead and the Rawlins House are also Recorded Texas Historic Landmarks. In addition, the Strain Farmstead has been recognized by the Texas Department of Agriculture as a farm owned and operated by one family for over 100 years. Thirteen state historic markers are located in the Lancaster area, including the marker on the town square recognizing the founding of the City by A Bledsoe. Locally, the city has designated four historic landmarks, including the Strain LANCASTER HISTORIC RESIDENTIAL DESIGN INTRODUCTION / 2

220 Farmstead, the Rawlins House, the Ellis/Nash Home on West Main Street, and the Crouch/Wood/Graham Home on East Belt Line Road. In 1993, the Lancaster Historical Society awarded bronze medallions to 19 homeowners who had restored, preserved, and maintained houses at least 75 years. 1.3 DISTRICTS AND LANDMARKS Lancaster s historic town square and adjacent historic residential neighborhoods are significant for the continuum of the architectural history of the community that it represents. The historic town square contains late nineteenth and early twentieth century commercial buildings that retain much of their historic character. For commercial buildings in the Historic Downtown District, refer to the Historic Downtown District' in the Lancaster Development Code. The historic residential neighborhoods adjacent to the historic town square reflect a series of architectural periods representative of Lancaster s development from late nineteenth and early twentieth century folk and vernacular styles, to modern styles of the 1950s and 1960s and some recent construction. The City of Lancaster recognizes historic structures or buildings of these types within the Historic Preservation Overlay (HPO) District, and its historic preservation program recognizes these buildings for their historic or aesthetic significance. Historic Preservation Overlay District In addition to the Historic Preservation Overlay district, individual sites, building and objects in Lancaster may be designated as Historic landmarks in the City of Lancaster in recognition for their historic or aesthetic significance. The following structures have been designated as historic Landmarks in the City of Lancaster: Ellis/Hash Home, 1000 W. Main Street Captain R. A. Rawlins Home, 850 S. Dallas Avenue W. A. Strain House, 400 Lancaster- Hutchins Road, and Crouch/Wood/Graham Home, 616 E. Belt Line Road 1.4 LANCASTER S HISTORIC LANDMARK PRESERVATION COMMITTEE The five (5) members and one (1) alternate of the Historic Landmark Preservation Committee (HLPC) are appointed by the Lancaster Planning and Zoning Commission and confirmed by City Council. These HLPC members are Lancaster residents, typically from a variety of backgrounds with a common interest in preserving the city s historic resources. At least three members may have LANCASTER HISTORIC RESIDENTIAL DESIGN INTRODUCTION / 3

221 experience and/or expertise in architecture, planning, landscape architecture, building construction or real estate appraisal. At least one member may be a member of the Lancaster Historical Society, and at least one member may be the owner of a designated historic landmark or property within an historic district. Among many of their responsibilities, HLPC members are tasked with the responsibility of reviewing proposed modifications to historic buildings and ensuring such modifications are consistent and compatible with the architectural character of the building or neighborhood, the Secretary of the Interior s Standards for the Rehabilitation of Historic Buildings and the Committees Core Principles: 1) Every reasonable effort may be made by the property owner to adapt the property in a manner which requires minimal alteration of the building, structure, or site and its environment. 2) The distinguishing original qualities or character of a building, structure, object or site and its environment may not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance may be recognized and respected. 4) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site may be kept where possible. 5) Deteriorated architectural features may be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features may be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structure. 6) The surface cleaning of structures may be undertaken with the gentlest means possible. Sandblasting and other cleaning methods which would damage the historic building materials should not be undertaken. 7) Contemporary design for alterations and additions to existing properties may not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. 8) Wherever possible, new additions or alterations to buildings, structures, objects or sites may be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object or site would be unimpaired. 1.5 CERTIFICATE OF APPROPRIATENESS (COA) PROCESS Any construction, reconstruction or alteration of a residential Historic Landmark or residential structures in a Historic Preservation Overlay District (HPO) require that a Certificate of Appropriateness (COA) be issued by the City before such proposed modifications can begin. Refer to Chapter 3.18 within these Regulations for the demolition process. Property owners are required to file a completed COA application for ALL proposed modifications to the exterior of a building and site work whether or not a building permit is also necessary; this complete COA application must be accompanied by documentation (such as photographs, drawings, written specifications, color samples and other information) sufficient to illustrate the proposal and its impact on the property. This documentation will assist the owner, the city staff and the HLPC in reaching a successful conclusion to the review, and provides a detailed record of the work for future reference. Documentation must be complete in order for staff to begin review of an application. LANCASTER HISTORIC RESIDENTIAL DESIGN INTRODUCTION / 4

222 It is required that that owners who are planning exterior alterations, demolition or new construction to such structures or buildings or sites should first consult with the staff of the City of Lancaster Planning Division. In all cases, City of Lancaster professional staff with preservation, construction and architectural design expertise, are available, at no cost, to assist with design choices. Certificate of Appropriateness (COA) applications must be filed with the city s HLPC staff in the Planning Division approximately one (1) month before a HLPC meeting in order for the completed COA to be checked for completeness and placed on the agenda for the upcoming HLPC meeting. It is required that property owners discuss their proposals with staff well before the filing deadline. Please check with staff regarding specific filing deadlines and hearing dates. The application will be reviewed by city staff, and concerns, problems or proposed revisions will be discussed with the applicant prior to the HLPC hearing. Those COA applications for modifications that are determined by city staff to be minor exterior alterations may be reviewed by staff in lieu of being reviewed by HPLC. Minor exterior alterations include the installation of or alterations of awnings, gutters and downspouts, lighting fixtures and landscaping; alteration, construction, restoration or removal of any exterior architectural feature of a building or structure which does not involve any significant change in the architectural or historic value, style, general design or appearance of the building or structure; removal of non-historic architectural features, and additions or changes not visible from a public right-of-way at the rear of the main building or structure or to an accessory structure. Again, it is Required that property owners consult with staff of the Planning Division regarding work that may be considered minor exterior alterations. The HPLC reviews all COA applications (with the exception of those determined to be minor exterior alterations ) at their monthly meetings where the applicant and any interested parties are invited to speak about the proposed modifications to the historic building, structure or site. At the end of the discussion, the HLPC votes whether to recommend approval of the application as submitted, to approve with conditions, or to deny the application. The recommendation is then placed as an action item on the agenda of the Planning and Zoning Commission for final action. HLPC meetings usually occur in City Council Chambers, 211 North Henry Street, Lancaster, Texas Following an HLPC Recommendation When the Planning and Zoning Commission votes to approve a COA application, a Certificate of Appropriateness (COA) is issued to the applicant and also forwarded to the appropriate city departments with direction that a building permit may be issued for this work. The applicant (property owner) may then obtain the necessary building permits from the Building Inspections Division; it is the applicant's responsibility to find out whether a building permit is needed and to obtain one. The applicant may then proceed with the work. During construction, all of the conditions of the COA and building permit may be met by the applicant throughout the construction of the project. If an application is denied by the Planning and Zoning Commission, an owner may appeal the decision to the City Council. The denied application is then placed as an action item on the City Council agenda, who will determine whether or not a COA receives approval. 1.6 CERTIFICATE OF APPROPRIATENESS (COA) APPLICATION FORMS The City of Lancaster s Certificate of Appropriateness forms are available by visiting the Planning Division of the Development Services Department at 1425 N. Dallas Ave., Suite #101, Lancaster, Texas or at A copy of the Certificate of Appropriateness form is attached in Appendix E. LANCASTER HISTORIC RESIDENTIAL DESIGN INTRODUCTION / 5

223 1.7 DEMOLITION BY NEGLECT A property owner or other person with an interest in a historic landmark or building (such as a contractor or tenant) included within an historic district may not permit the exterior of the property to fall into a serious state of disrepair that could result in the deterioration of any exterior architectural feature which would, in the judgment of the HLPC, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Additionally, a property owner or other person with an interest in a historic landmark, structure or building included in a historic district may not permit the interior portions of the structure or property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Committee, produce a detrimental effect upon the structural integrity of such structure or property which could make demolition necessary for the public safety. Examples of such deterioration include: Deterioration of exterior walls or other vertical supports. Deterioration of roofs or other horizontal members. Deterioration of exterior chimneys. Deterioration or crumbling of exterior stucco or mortar. Ineffective waterproofing of exterior walls, roof or foundations, including broken windows or doors. Deterioration of paint including significant, cracking, flaking, separation, or discoloration. Intrusion or growth of trees, vines, or other plants that have caused damage to a structure or that creates an unreasonable risk of damage to a structure. Deterioration of interior walls, other vertical supports (such as columns or stairs) or the building s foundation. Allowing such deterioration to occur is considered Demolition by Neglect and as noted above, is not acceptable and cause for action by the City against the owner or other party. 1.8 HOW TO USE THESE REGULATIONS Why do we need Design Regulations? Design Regulations are written documents that help ascertain the cultural and architectural importance of a historic residence within the historic district or a historic landmark within the city of Lancaster. Please note that the City uses the term Historic Preservation Overlay District (HPO) to describe these historic districts. Design Regulations provide for a common ground for making educated decisions for proposed alterations to properties (including additions and new construction) and ensuring those modifications will be compatible with the architectural character of the historic building or the historic district for which they apply. Design Regulations are also intended to be recommendations and not rigid or direct interpretation of work to be executed on a property. Although appropriate, they do not require that buildings be restored to a historical period or style. They are intended to be flexible and used to promote communication about how appropriate design alterations can blend into and enhance the architectural character of the historic district or landmark. These design Regulations describe certain criteria and recommendations by which the Lancaster HLPC and staff evaluate proposed exterior modifications. They are intended to serve as a reference and a resource for property owners to preserve the architectural and cultural integrity of a historic building or historic district. Design Regulations are used in historic communities throughout the United States to not only protect historic structure or buildings, but also are used to protect the economic value of historic districts. The overall integrity and character of historic districts as well as individual historic properties are affected by the actions of property owners and their neighbors, and the decisions made by one owner can have positive or negative effects throughout a district. Design Regulations help protect the investment of a property owner in a historic district, and provide a uniform set of standards to which property owners can turn when changes are desired and necessary. LANCASTER HISTORIC RESIDENTIAL DESIGN INTRODUCTION / 6

224 The Lancaster design Regulations are intended to help the city with its efforts to promote and improve the historic district in its boundaries. Throughout the country, as in Lancaster, the preservation of areas such as these has shown to promote economic development, increase the city s tax base, and to improve overall quality of life. Design Regulations help protect from inappropriate new construction, misguided remodeling, and demolition. Through these efforts, historic districts provide a degree of stabilization in neighborhoods, while not being so restrictive as to affect the use or appearance of the interior, require certain paint colors, or prohibit new construction or additions. Design review occurs only when a building permit or certificate of appropriateness is required. However, owners are encouraged to refer to this manual when performing regular maintenance as well, after checking with staff. Design Regulations emphasize the preservation of existing materials, details, and overall plan of historic buildings. The repair, maintenance, and protection of original features are preferred to replacement, and these terms are referred to throughout. The design Regulations primarily focus on the fronts and visible sides of buildings or structures in the Lancaster historic district. The most defining features are usually located on these façades, and are more protected. More flexibility is provided to rear façades or those not visible from public view. These Regulations apply to all buildings within the historic district, regardless of age or architectural style. Historic buildings and structures in Lancaster have in many cases, been standing for well over 100 years. With proper care and maintenance as described in these design Regulations, they can last many more years. For further information about Lancaster Design Regulations, Historic Landmark Programs, or to obtain the necessary Certificate of Appropriateness application package, please contact staff with the Development Services Department of the Planning Division at 1425 N. Dallas Avenue, Suite #101, Lancaster, Texas. They are also available at LANCASTER HISTORIC RESIDENTIAL DESIGN INTRODUCTION / 7

225 CHAPTER 2. RESIDENTIAL DESIGN 2.1 BRIEF HISTORY OF RESIDENTIAL DEVELOPMENT IN LANCASTER Incorporated in 1852, and platted in 1857 around Centre Avenue, the town of Lancaster developed around a town square which served as the heart of the community; this square contained commercial businesses, and was surrounded by residences. The MK&T railroad bolstered Lancaster s commercial core as well as served as the eastern edge of the community with limited development on the other side of the tracks. As is common with late nineteenth century Texas communities based on agricultural and related industries, residential development originally developed along the major thoroughfares into the community Dallas Avenue and Main Street and prominent members of the community built their larger homes on these streets. Additionally, Centre Street as it led to the town square, with its advantage of being a quieter street, was developed for larger homes. Middle-class residences were constructed in the adjacent streets and smaller, often vernacular houses surrounded these. Much of this early residential development occurred in the late nineteenth-century, and is reflected in the residential styles that were popular in that time frame Queen Anne, Folk Victorian and Colonial Revival, followed by the Arts and Crafts and Tudor Revival homes of the early twentieth century. This pattern of historic residential development continued until the early 1920 s when the cotton market declined; Lancaster s residential development slowed with few homes constructed during World War II, with the exception of the 'victory lots' that were developed on Sixth, Seventh and Eighth Streets during the war. Following the war, Lancaster emerged as a bedroom community to Dallas, and newer residential developments with Minimal Traditional and Ranch style homes were constructed to the north, west and south edges of the historic community; most of these newer residential areas were within walking distances of the town square, and continued the pedestrian connection to the heart of the community. Recent residential development in Lancaster has focused on more remote, stand-alone developments that are further away from the town square and Lancaster s historic residential areas. 2.2 RESIDENTIAL STYLES IN LANCASTER Like most historic towns in Texas, Lancaster retains several diverse architectural styles representative of the periods of LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 8

226 development within the city, which are reflected in its historic buildings. The overall appearance of the design, structure, landscape, object, painting, or decorative design; including construction, form, space, scale, materials, and ornamentation define the style of a building or structure. A style may be a unique individual expression or part of a broad cultural pattern. Lancaster s historic buildings reflect its history, from late nineteenth century vernacular houses of the late 1800s to Queen Anne residences (ca ca. 1900) to 1950s and 1960s ranch style homes Folk or Vernacular (ca. 1860s-1915) The oldest home style found in Lancaster are the folk or vernacular houses, which were modest homes with a simple floor plan and roof form. Early folk and vernacular homes included log cabins, dog-trots, pyramidal, shot guns and simple L-plan or I-plan houses. These early houses were impacted by availability of materials (wood and glass), transportation (wagons or railroads), and published information on home design and construction. Characteristics of the Folk or Vernacular style can include: Simple floor plans; Front porches (with some wrap-arounds); Simple roof forms (pyramidal, gable, or hip roofs); Simple windows, often with a vertical orientation; and Wood siding and trim. Folk house at Wilson Street Folk Victorian (ca ) Often, Folk house forms dating from the post-railroad era exhibit the use of Victorian trim and detailing, and door and window proportions. These houses are referred to as Folk Victorian in style. Houses were either built with these characteristics, but sometimes, older folk houses were updated with a new porch, and trim to make it Victorian or Queen Anne in style, which were found elsewhere in the country and made popular in home style books and articles. Characteristics of the Folk Victorian style can include: Wood frame construction with clapboard siding; Front porches; Spindle work and turned columns at porches; Ornate porch railings and supports; and Gable ornamentation. Folk Victorian house at Dallas Avenue Folk Victorian house at Ellis Street LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 9

227 2.2.3 Queen Anne (Victorian) (ca ) Queen Anne houses are the most popular variations of the Victorian period. The name Queen Anne was coined in England to describe an architectural style that grafted classical ornament onto medieval forms. This style was quite popular during the last half of the nineteenth century, and is a decorative, rich style that was used for modest and larger homes. In the later years of the style ( ), homes grew very ornamental, airy, and light. This style is varied, highly decorative, and very picturesque. With the development and prosperity that grew in the area during the Victorian period, the style became prominent. Other factors such as the expansion of railroads, which made transporting building materials easier; the balloon framing that replaced heavy timbers as the standard building technology; and growing industrialization throughout the country made possible the manufacture of many mass-produced building materials such as doors, windows, spindle work, and wood siding. Characteristics of the Queen Anne style can include: Complex shapes including roofs with gables, hips, turrets, towers, dormers and steep roof forms; Vibrant colors (as better and more varied paints became available); Contrast of materials; Elaborate detailing; Variety in material textures (fishscales, siding, and shingles on walls, etc.); Tall, narrow window shapes Bay windows Art or leaded glass windows; and Front (often wrap-around 8 feet or more) porches with decorative porch railings and spindle work at the columns. The interiors of Queen Anne and Victorian period houses were given greater freedom from previous styles, with asymmetrical floor plans with many of the following characteristics: Central halls with grand staircases; Central living rooms; Rich, dark woods; Wall paneling; Bright ornamental wall papers; and Exposed beamed ceilings. Queen Anne house at Dallas Avenue Queen Anne house at Dallas Avenue LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 10

228 2.2.4 Colonial Revival (ca ) Colonial Revival was the most common style for houses during the first half of the twentieth century. The style was influenced by architectural types used by early American colonial settlers and has several subtypes, including Georgian, Adam, English, and Dutch Revival. These houses are characterized by their form and decorative detailing. They are usually side-gabled and can be one and one-half story or higher. Characteristics of the Colonial Revival style can include: Accentuated front doors, with a decorative pediment, pilasters, and fanlights or sidelights; Front entry porches or stoops; Symmetrical façades; Centrally-located doors; Double-hung sash windows; and Dormers Arts and Crafts (Craftsman, Bungalows, and Prairie, s) Inspired by the work of the Green & Green brothers in California, the Arts and Crafts style was made popular largely through pattern books and the great amount of publicity surrounding the construction methods it employed. Through such publications, the Arts and Crafts style became the most fashionable smaller house in the country. Arts and Crafts houses include subgroups such as the Craftsman and Prairie styles. One-story examples of this style are often called bungalows; bungalows with a small second-story with windows at most sides are commonly called 'airplane bungalows'. Details of Arts and Craft homes can include knee braces supporting the roof, detailed wood columns at the porch that were often sloped, simple wood decoration at the underside of the roof eaves all details that are appreciated today. Larger houses that typically have square or rectangular floor plans with large front porches, and are two stories are known as 'Prairie Four-Square' homes. These typically have Arts and Crafts ornament such as articulated wood trim and highly crafted, but not elaborate, details. Characteristics of the Arts and Crafts style can include: Large porches integral to the house; Columns or pedestals on brick pilasters; Simple window forms; Colonial Revival house at the 300 block of Centre Street Colonial Revival house along N. Dallas Avenue Prairie house at the 300 block of South Centre Street Picture to be provided Arts and Crafts at Dallas Avenue LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 11

229 Horizontal wood siding; Natural wood trim; Originally painted in rich earth colors, they incorporated several colors for body, trim and accent colors; Large eaves or overhangs at roofs; Low pitched roofs; Variety of roof forms (including hipped and gable); and Exposed roof rafters. Craftsman house along Dallas Avenue Tudor Revival (1920s-1940) The Tudor Revival style is loosely based on a variety of late Medieval English prototypes, ranging from thatched roof workers cottages to grand manor houses. When first used in the United States, the Tudor Revival style was used for large, architect-designed residences that copied English examples. These were, in turn, copied for use on more modest homes in the 1920s and 1930s. This style was quite popular, as it was well suited for both small and large houses. In Lancaster, as typical of north Texas, this style utilized brick veneer, which allowed more expression of the details that were seen on English examples. Characteristics of Tudor Revival style can include: Steep roofs, often with front-facing gables; Façades dominated by cross timbers; Tall, narrow windows; Multi-pane glazing or stained glass; Massive, decorative chimneys; Various materials, including brick, stone, timber, and stucco infill; Asymmetrical forms; and Small front porches. Tudor Revival house at South Dallas Avenue Tudor Revival house at North Dallas Avenue Classical Revival (1920s-1950s) The Classical Revival or Neoclassical style was a prominent style during the later decades of the nineteenth century and the first half of the twentieth century. Interest in classical models date from the World s Columbian Exposition held in Chicago in This exhibition was widely attended and photographed; soon afterwards the neoclassical buildings from the Exposition became the fashion and were imitated across the county. Classical Revival (not in Lancaster) LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 12

230 While the building form is often simple, the entrances, porches, cornices, and windows are often articulated and possess great details that provide the buildings with their characteristic style. Characteristics of the Classical Revival style can include: Relatively simple building forms, Symmetrical façades, Front façades dominated by full-height porches supported by classical columns, Elaborate horizontal cornices and rooflines, Large windows, Shutters at windows (common but not required) Wood siding or brick planar vertical surfaces, and Chimneys that are often articulated Minimal Traditional ( s) The economic depression of the 1930s led to the development of a modest, compact house with roots in the eclectic movement, but without the decorative detailing normally used; it was adapted to meet the budgets of the depression economy. Concurrently, the Federal Housing Authority s Minimum House program developed during the 1940 s contributed to this style of house. This house style was widely used immediately after the Second World War in housing developments for the returning GIs and others seeking affordable houses. Minimal Traditional houses were built of wood siding, brick or stone veneer, or a combination of these. They typically had large windows (often steel sash), and many times had side-facing gables, although many had front-facing gables at the entries. As these were typically smaller homes, porches were often recessed, and correspondingly small in size. Early versions of this style used horizontal wood siding or asbestos shingles, and later incorporated brick or stone accents. Even later versions sometimes incorporated brick or stone cladding. This style was the precursor to the ranch, which then dominated the housing market in the 1960s and 1970s. Characteristics of the Minimal Traditional style: Simple house and roof forms, often a square or rectangular floor plan, Front facing gables at entries or front living areas common, No overhanging eaves, Minimal front porch, typically under the main roof Wrought iron or small wood columns at porch, Minimal Traditional house at Dallas Avenue Minimal Traditional house at Dallas Avenue Minimal Traditional house with large picture window LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 13

231 Large windows, typically multi-paned, Chimneys are common, Wood siding or asbestos shingle cladding; metal siding was used infrequently, White or light, neutral color, Low-pitched roofs, with simple gables Ranch (1945s-1980s) The Ranch style, which originated in California, replaced the Craftsman as the dominant style of residential construction in the United States and was made possible by the almost universal ownership of the private automobile and advances in technology that allowed for air conditioning and modern kitchens. In Lancaster, the Ranch house became popular as the town became a bedroom community for commuters to and from Dallas. The style is typified by the maximization of the façade width and the incorporation of the garage into one wing of the structure (often with a concealed entry) so as to make the house look even wider. The Ranch style house reoriented activities by utilizing patios at the rear; and rearfacing picture windows or sliding glass doors allowed entertaining and family activities in the expansive back yard as opposed to the wide front porch of the Craftsman. Characteristics of the Ranch style: One-story, Low-pitched hipped roofs, Wide eave overhangs with exposed rafter tails, Combined use of brick, stone, and wood siding, Decorative ironwork, Expansive picture or ribbon windows, and Decorative shutters. Ranch house at South Dallas Av enue Ranch house at the 200 block of East 7th Street 2.3 CHARACTER DEFINING FEATURES Within the style of a building, each has character defining features that give it its historic nature or character. These features may include the form of the building, exterior cladding, roof materials, door and window design, canopies and porches, and the exterior and interior trim. Character-defining features include: Site: May exhibit a grid pattern of streets with a secondary circulation system of alleys or curvilinear street patterns, LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 14

232 May possess historic curbing and paving materials of asphalt and concrete, May have consistent topography, Have varied lot sizes, and setbacks at the property line, and Is enhanced by mature plantings and street trees. Alleys: Represent an important historic feature of a historic district s transportation network; and Provide a primary means of commercial access for those with rear parking. Brick: Is used in a range of building styles from all eras ranging from vernacular residential to mid twentiethcentury minimal traditional styles, and Enhances architectural character through its color, texture, dimensionality, and bonding patterns. Wood: Articulates stylistic features in door and window trim, cornices, eaves, porch elements, and decorative trim, Is a relatively common exterior cladding material, especially for Craftsman houses, and May remain relatively free from the application of synthetic siding to retain its historic character. Windows: Are generally wood, double-hung, Have one-over-one glazing patterns or a decorative multi-pane upper sash, and Often possess additional ornament when used in upper-story windows. Doors: Are usually sheltered by front porches, Can possess decorative detailing such as panels and carved accents, and Stand alone or are accompanied by sidelights and transoms. Roofs: Often establish relationships between houses on a given block through their overall form, Exhibit a wide range of configurations from simple to complex, and Employ various sheathing materials, with different colors and types of ornament to add visual distraction. LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 15

233 Applied Ornament: Distinguishes a variety of façade elements including windows, doors, walls and roof eaves; and Includes features such as brackets and jigsaw in woodwork to add dynamic visual interest. Rear Facades: Face onto the rear yard; Have limited ornamentation; and Often include secondary entrances and windows. LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 16

234 2.4 READING YOUR BUILDING Prior to making exterior changes to a historic building, property owners should identify the features and materials that give their structure its unique character, as well as its historic and non-historic elements. By taking the time to recognize and understand significant features, it is much more likely that you will plan a project that is compatible with the original style of the building. The identification of the significant elements of a building is not complicated. This process begins by thinking about and answering the questions below. Step One: Identify the overall visual aspects of the building by looking at the setting and architectural context. Begin by working through the checklist below. Setting: What elements of the setting are important in establishing the visual character of the site? Think about the building s setback, its alignment with adjacent buildings, plantings, fencing, terracing, and outbuildings, and its relationships to the street and alley. Form: Is the overall shape of the building tall and narrow or short and broad? What about the shape of the building gives it a unique identity? Roof and Roof Features: What is the pitch and shape of the roof? How does it contribute to the building s character? Does it have unique features like weathervanes, cresting, or cupolas? Door and Window Openings: What rhythm or pattern does the arrangement of window or door openings create? Are there unusually-shaped window openings or distinctive entryways? Multi-gable Roof Projections: Does the building have character-defining projections from the walls such as porches, cornices, bay windows, or balconies? Are there turrets, widely overhanging eaves, projecting pediments, or chimneys? Trim and Secondary Features: What type of window and door trim does the building have? How does it contribute to the character of the building? Be sure to consider the decoration, color, or pattern of the trim. What about secondary features like shutters, decorative gables, and railings? Eave or Roof Detail LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 17

235 Materials: From a distance, what contribution do the color, texture, and combination of exterior materials make to the overall character of the building? Step Two: Identify the character of the building at close range by assessing the color and texture of the building materials as they convey the craftsmanship and age that give the building its unique appearance. Begin by working through the checklist below. Materials at Close Inspection: Are there one or more materials that have an inherent texture that contribute to the building s character, such as stucco, exposed aggregate, concrete, or brick textured with vertical grooves? Wood 2/2 Windows Craft Details: Craft details, whether handmade or machinemade, contribute to the character of a building because they are manifestations of the time in which the work was done and of the tools and processes that were used. Is there high-quality brickwork with narrow mortar joints, or hand-tooled or patterned stonework? Are there hand-split or hand dressed clapboards or machine- smoothed beveled siding? After the character defining features of your building are identified, it is much simpler to review the following design Regulations for those particular elements. If, after looking over these Regulations, you would still like more information, the staff at the City of Lancaster will be happy to arrange a pre-application meeting. Column Detail LANCASTER HISTORIC RESIDENTIAL DESIGN RESIDENTIAL DESIGN / 18

236 CHAPTER 3. DESIGN REGULATIONS CHAPTER 3.1: PORCHES AND PORTE-COCHERES Introduction Porches are important features in historic houses and are often their most dominant characteristic. Porches are functional, protecting entrances from rain, catching breezes in the warmer months, and providing much needed shade in the hot local climate. They also provide a sense of scale to the façade of a building, and connect a house to its context by orienting the entrance to the street. Finally, porches often define the importance of a house or its occupants by the grandeur of its design. Many house styles are primarily defined by their porch type. Because of their historic importance and prominence as character-defining features, historic porches should be preserved Front Porch Designs Inset porch example at Wilson Street Porch with separate roof example at Redbud Street Front porches are typically the dominant characteristic of historic residences and play an important role in their history. The various components of porches, including steps, railings and columns, provide scale and detail to these buildings. Front porches vary in shape and size and can range from wide porches extending across the front of the building, to small porches at the end of a house, to wrap-around porches extending around two or more adjacent façades. All types are common in houses in Lancaster. Large wrap-around porch example at Dallas Avenue Existing Front Porches The preservation of historic front porches is very important. All historic porches may be preserved and repaired as necessary; the retention and repair of the original materials (such as porch columns, railings) is required. However, those porches that have been enlarged or altered in the past and are now considered historic in their own right may remain. Prominent character-defining porch example at Centre Street LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

237 Required: Preserve and maintain historic front porches, as they are character-defining features of a house. Preserve and maintain the historic elements of a historic porch specifically the porch columns, handrails and railings, and brackets. The reconstruction of missing historic elements or materials that have been removed from front porches is encouraged. Care may be taken to utilize new components of the same size as the historic. The use of easily available similar components that are an approximate size or height can often result in a porch that is out of scale with the historic house and is not appropriate. Not Required: Do not alter the character of a historic front porch by enlarging or decreasing its size, changing the roof form or material, or any other modifications that change the historic appearance of the porch. Large projecting porch example at Dallas Avenue Victorian-era Wood Porch Columns Do not enclose a historic front porch (with glazing, windows, lattice, screening, or with walls), as this alters the character of a historic residence. Do not create a false historical appearance through the application of new elements and details to a porch New or Replacement Front Porches New front porches on historic residences that did not originally have a front porch may not be permitted, as the addition of a new porch would change the historic appearance of a house. Reconstruction or replacement of a missing porch should be based on accurate evidence of the original configuration, placement, and detail, and supplemented with historic photographs that show the original porch. If no photographs or other documentation is available, and it is desired to rebuild a porch where there was one originally, similar houses in the neighborhood should be canvassed to determine elements that are common to most; these can then be incorporated into a new porch LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

238 design. Porches should be compatible with the style of the house; for example, a Craftsman style house should have a porch of this style instead of a Victorian style porch. Required: Materials used in a replacement porch may be consistent with historic materials. Typically wood elements are used. Brick column bases may be appropriate where compatible with the house style. Care may be taken to utilize new components of the same size as the historic. The use of easily available similar components that are the approximate size or height can often result in a new porch that is out of scale with the historic house and is not appropriate. Historic Wood Porch Floor and Steps The porch floor in a replacement front porch may be of wood; concrete is only acceptable when this was the original porch floor material. When a ramp is required for accessibility for individuals with disabilities, it may not be installed at the front sidewalk or in the front yard but rather may be installed on the side or rear of the porch. Not Required: Adding a new porch to a front elevation where none historically existed is inappropriate and may not be allowed Existing Side and Rear Porches Like front porches, the preservation of historic side and rear porches is important, and especially so for those porches that are visible from public rights-of-way. The retention and repair of historic fabric is strongly encouraged. Wood Column with Unique Victorian Style Detail Unlike front porches, however, side and rear porches were often working porches and were often modified throughout the history of the building. As such, minor changes in side and rear porches that are visible from public rights-of-way may be allowed. The removal of historic rear porches that are not visible from public rights-of-way may be allowed, although not encouraged. Wood Column with Appropriate New Victorian Style Ornamentation above the Capital LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

239 Required: Preserve and maintain historic side and rear porches that are visible from the public right-of-way as they are character defining features of a residence. Enclosing a side or rear porch with insect screening to create a screened in porch was frequently done at historic homes. Such enclosures may be allowed if done sympathetically with the house and does not obscure historic fabric or details. Care may be taken to utilize new components of the same size as the historic. The use of easily available similar components that are the appropriate size or height can often result in a porch that is out of scale with the historic house and is not appropriate. Not Required: Do not create a false historical appearance through the application of new elements and details to a side or rear porch. Do not enclose historic side and rear porches (with glazing, windows, or with walls) that are visible from the public right-of-way as this alters the character of a historic residence. When a ramp is required for accessibility for individuals with disabilities, it should not be installed at the front sidewalk or in the front yard but rather may be installed on the side or rear of the porch New or Replacement Side and Rear Porches Brick Column Reconstruction or replacement of a missing side or rear porch may be based on accurate evidence of the original configuration, placement, and detail, and supplemented with historic photographs that show the original porch. If no photographs or other documentation is available (as is often the case with side and rear porches), and it is desired to rebuild a porch where there was one originally, similar houses in the neighborhood should be canvassed to determine elements that are common to most houses. These elements can then be incorporated into a new porch design. However, adding a new porch to a prominent side elevation where none historically existed is inappropriate and is not allowed. Adding a new porch to a rear elevation LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

240 that is located in a back yard and not visible from the public right-of-way is allowed. Required: Such reconstruction, replacement or new porches (at rear elevations) porches should not obscure historic elements of the house, may be located near the rear of the house (for side porches), should not be easily visible from the public right-of-way, and may be of a simple design that does not detract from the historic house. Materials used in reconstruction, replacement side and at reconstruction, replacement or rear porches may be consistent with the historic materials of the house. Typically, wood elements for columns, railing, structure and exterior cladding, and composition roofing shingles or metal roofs are acceptable. Wood flooring should be used for a new or replacement side porch when visible from a public right-of-way. Decorative Porch Columns, Balusters, and Trim Concrete flooring may be used for a new or replacement side or rear porch when not visible from a public right-of-way or if there is evidence that concrete was the original material. The details of a new or replacement porch should be consistent with that of the original porch or the house. Do not incorporate details that are more ornate or inconsistent with the historic house; this creates a false sense of history. Care may be taken to utilize new components of the same size as the historic. The use of easily available similar components that are the appropriate size or height can often result in a porch that is out of scale with the historic house and is not appropriate. Decorative Porch Railings. When a ramp is required for accessibility for individuals with disabilities, it should not be installed at the front sidewalk or in the front yard but rather may be installed on the side or rear of the porch Porch Elements: Columns, Railings, Flooring, etc. The various elements of a porch contribute greatly to the historic character of the house: columns, railing, column LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

241 brackets, fascia or cornice mold at the porch roof, and steps. Each of these elements may be simple in design (typical in Folk Victorian houses), more ornate as in Queen Anne styles, or articulated and earthy as in Arts and Crafts houses. Columns at porches typically relate to the building or structure through the use of the same or similar materials and their details. These supporting members (piers or columns) can be wood, masonry, or metal and provide rich opportunities for decorative embellishments on the façade. Wood should be smooth and painted instead of unfinished or rough. Porch columns can be classical in design and extend from the porch floor to the ceiling or porch beam. They can also be of wood, and turned as in turned spindles. These are typical in Queen Anne and Folk Victorian style houses and are often referred to as posts. Craftsman and bungalow homes typically have columns with piers. These are of brick or stone with wood half-columns on top. Where porch columns or railings are deteriorated, it is preferable to remove only selected portions of the element and replacing only that section with spliced-in material. This is usually near the bottom near the porch floor or the ground. When total replacement is necessary, new wood elements should match the original in style, texture, size and design. When porches are elevated above the adjacent yard or lawn area, a railing or low wall, usually with an open framework to admit breezes, is provided for safety. These railings or walls are typically constructed of wood and often vary in materials, height, details, and color and are individual to each house. The heights of these railings were typically low (less than 30 high). The proportion of these walls should match the original as much as possible. New handrails of 3-6 in height (to meet building codes for new construction) are not appropriately scaled for historic houses and this height may not be used. If there is a conflict between the building code and these design Regulations, contact the planning staff. The spacing and height of railing balusters is important to the character of the house; these were typically spaced closely together. The proportion of replacement or replicated balusters should match the original house. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

242 Porches with wood flooring should have wood steps, not brick or concrete steps. The steps may match the original in size, material, design, and form. Not Required: Porch flooring should closely match the original tongue-and-grove wood flooring dimensions. Do not use over-sized boards (2 thick) for porch floors; ¾ to 1 thick tongue-and-groove boards are generally appropriate. Boards should run in the same direction as the original. Wood decks on the front of houses or on other façades visible to the public are not appropriate and are not allowed. Do not cover original porch floors of wood or concrete with carpet, or other surface material. Unless it was historically used on a structure, wrought iron or metal pipe is inappropriate for porch columns and may not be used Ramps at Porches While accessible ramps for those with disabilities to singlefamily properties are not required by the Texas Accessibility Standards (TAS) or the American with Disabilities Act (ADA), if such ramps are needed or desired by the property owner they should be sensitively located so as to not obstruct the view of the historic porch and house, and should complement the historic character of the house. It is Required that accessible ramps not be installed at the front sidewalk but rather be installed on the side or rear of the porch. Ramps may be designed with a maximum slope of 1:12 with appropriate handrails, turning radius and otherwise to comply with ADA requirements Porte-cocheres Simple Square Wood Porch Column and Wood Porch Floor A porte-cochere is a covered area over a driveway and is often an extension of a front or side porch and creates an independent massing to a house. It is typically used for vehicular parking. Porte-cocheres are historically important features and are a dominant characteristic of those residential buildings where they occur. The various components of portecocheres, including roofs, columns, railings, and steps Porte-cochere LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

243 provide scale and detail to historic buildings similar to those elements at porches. Reconstruction of a porte-cochere where a historic one existed but has been removed is appropriate. As with a porch, such reconstruction should be based on accurate evidence of the original configuration, placement, and detail and supplemented with historic photographs that show the original porte-cochere. Research at the library, published historic documents and books, resources at the City of Lancaster, previous owners of the house, and local historic organizations may be able to find or help locate historic photographs. If no photographs or other documentation is available, and it is desired to rebuild a porte-cochere where there was one originally, similar houses in the neighborhood should be canvassed to determine elements that are common to most; these can then be incorporated into a new portecochere design. Not Required: Because the elimination or enclosure of a portecochere alters the character of a building significantly, such demolition or modifications are not considered appropriate. Creating a false historical appearance through the application of new elements and details to a portercochere is also considered inappropriate The addition of a new porte-cochere to a house where none historically existed creates a false historical appearance and is considered inappropriate. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

244 CHAPTER 3.2: ENTRANCES AND DOORS Introduction Doors and entrances are an important aspect of the expression of the architectural character of a house. Much care was given to the design of doors built prior to the mid twentieth century. The front door was always a paneled door, constructed of top quality materials and styled to match the architecture of the residence. Care was also given to the door hardware and surround including the opening, sidelights and transoms, as well as screen doors. Their design, craftsmanship, and other qualities make doors worthy of preservation. The contribution of the door(s) and entrance to the appearance of the facade includes discreet elements such as: Pattern of the door openings and their size; Proportions of the door, frame, and sidelights if present; Configuration of glass panes within the door; Type of wood; Paint color; Characteristics of the glass; and Associated details such as arched tops, hoods, or other decorative elements. Original Door Hardware Door Styles Like other components of a building, doors reflect both the style of the building and its use. Doors in Victorian or Queen Anne houses are more decorative than those typically found on Arts and Crafts homes. Each style of house also had corresponding door styles Existing Doors and Entrances The retention and repair of original doors and entrances is encouraged whenever possible. When repaired and properly maintained, wooden doors and entrances will have greatly extended service lives while contributing to the historic character of the building. Example of an Arts and Crafts Door Required: Preserve original or historic doors, openings, sidelights, transoms, fanlights, screen doors, and other architectural entry features. Example of an Arts and Crafts Door LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

245 Original hardware contributes to the character and design of the door, and should be retained. Not Required: Do not alter the character of the historic doors and sidelights by the removal of historic elements or through the addition of elements for which there is no historic precedent. Do not enlarge or diminish historic wood openings to fit stock door sizes. Example of a Victorian Style Door New or Replacement Doors and Entrances Although the retention of an original or existing door and sidelight is always desirable and these Regulations encourage that goal, there is a point when the condition of a door may clearly indicate replacement. Doors which have been previously replaced with historically inappropriate doors are encouraged to be replaced with those that are appropriate. The design of replacement doors (particularly at the front entrance) must be based on historic documentation if possible. They should match in style, materials, glazing type and area, and pane configuration. If this is not possible, select a door (or entrance) that is appropriate for the period or style of the house. Example of a Victorian Style Door The decision process for selecting replacement doors should not begin with a survey of contemporary replacement door products available at home centers, but should begin with a look at the doors that are being replaced. Select appropriate hardware, including the style, size, location, and finish. If a new door opening is absolutely required, it should be compatible with existing door openings in proportion, shape, location, pattern, size, and material. New door openings at the rear façade are allowed. These should minimize damage to the original design of the house and to character-defining features. New doors must be compatible with the historic (or Example of a Colonial Revival Style Door LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

246 existing) doors in proportions, shapes, location, pattern, size, materials, and details. New doors should be wood unless there is documentation that other materials were historically utilized. Not Required: Do not create a new door opening in the front or side façade of a house. If new openings are necessary due to code requirements or other reasons, consideration should be given to removal of a window and inserting a door at this location. New openings should be placed on rear façades wherever possible Rehabilitation of Doors and Entrances Historic doors and entrances should be rehabilitated whenever possible. Following an inspection of doors and sidelights, the scope of the necessary repairs will be evident and a plan for the rehabilitation can be formulated. Generally the actions necessary to return a door to "like new" condition will fall into four broad categories: Routine maintenance procedures; Stabilization; Weatherization; and Sill replacement. Example of a Tudor Style Door Routine Maintenance Repairs to wooden doors are usually somewhat labor intensive but relatively uncomplicated. The routine maintenance required to upgrade a door to "like new" condition typically includes the following steps: Some degree of interior and exterior paint removal; Weather-stripping and repainting; and Repair or replacement of glazing Stabilization Stabilization is often required when doors show some additional degree of physical deterioration, but even badly damaged doors can be repaired using simple processes. Partially decayed wood can be waterproofed, patched, built-up, or consolidated and then painted to achieve a sound condition, good appearance, and greatly extended life. Back Door at an Accessory Building LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

247 When door sills, sidelight sills, or other horizontal members exhibit surface weathering they may also be built-up using wood putties or homemade mixtures such as sawdust and resorcinol glue, or whiting and varnish when minor areas of replacement exist. These mixtures can be built up in successive layers, then sanded, primed, and painted. The finish surface should be sloped slightly to carry water away from the door and building, and not allow it to puddle. Any of these techniques discussed can stabilize and restore the appearance of the door and frame. There are times, however, when the degree of deterioration is so advanced that stabilization is impractical, and the only way to retain the door or entrance is to replace those parts that have been severely damaged. Guidance on rehabilitation of wood doors and entrances is provided in the National Park Service s Preservation Briefs; refer to Appendix C for a list of these Regulations and how to obtain copies. Appropriate Storm Door (dark frame blends with dark wood door) Weatherization Weatherization of a door that is repaired should be made as energy efficient as possible by the use of appropriate weather-stripping to reduce air infiltration. Weatherstripping is a historic treatment, but old weather-stripping (felt) is not likely to perform very satisfactorily. Appropriate contemporary weather-stripping should be considered an integral part of the repair process for doors, and a wide variety of products are available to assist in this task Wood Door Sill Replacement Like doors, the retention of original wood door sills (or thresholds) is always desirable but it is sometimes necessary to replace this due to excessive deterioration. Replacement sills should be of similar material (typically wood), profile, and finish. Inappropriate Storm Door (aluminum finish that does not blend with door frame) Storm Doors Exterior storm doors are permitted on houses because they are thermally efficient, cost-effective, reversible, and allow the retention of the original door. Storm doors and frames may be made of wood, metal or aluminum; however, unfinished aluminum storm doors or unfinished raw wood should not be used. Storm door frames should be simple in design and should have a narrow frame design that allows the historic door to be seen in its entirety. The visual impact of storm doors may be LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

248 minimized by selecting colors that match the existing door and frame color. Arched top storms are available for doors with special shapes. Many styles of storm doors are available to improve the thermal performance of existing doors; these may be appropriate on residential buildings. Storm doors must have full glazed panels (clear glass) to maximize the view of the existing door, while not damaging or obscuring the door and frame. Storm doors should be sized to fit the existing opening. Doors openings should not be altered to fit storm doors. Storm doors should be painted a color that is compatible with the historic character of the door and the house Screen Doors Original or historic screen doors contribute to the character and design of the door and entry, and should be retained and preserved. Historically, window screen frames were wood with bronze screenings; bronze screens were typically polished on an annual basis to maintain their finish. Required: If historic screen doors are removed to allow the installation of storm doors, it is required that these be retained (stored) for future use. Historic screen doors should be painted a color that is compatible with the historic character of the house. Historically, these were often painted a gloss black or dark green as this color and sheen was very serviceable and typically contrasted with the house color, thus highlighting the detail of these doors. The screen material should be bronze (historic material), galvanized metal or aluminum. Do not paint the screen material. Not Required: Do not use plastics, vinyl or other synthetic screen as these give a very dark, black appearance? Appropriate Screen Door LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

249 CHAPTER 3.3: WINDOWS Introduction Windows are a very important aspect of the architectural character of a historic residence as they express its character and style. Their design, craftsmanship, materials (often cypress, long leaf pine, or other woods that may no longer be available or affordable) or other qualities make them worthy of preservation. Of all possible changes to a historic building, removal of the historic windows has a permanent, non-reversible, and adverse effect upon the historic appearance of a house more than any other modification. The Secretary of the Interior's Standards for Rehabilitation and accompanying Regulations call for respecting the significance of original materials and features, repairing and retaining them wherever possible, and only when necessary by sever deterioration, replacing them in kind. As part of the original fabric of historic buildings, windows must be maintained and preserved in their original setting Window Styles Windows are wall openings that provide light and ventilation for the building interior. Windows in early North Texas buildings were often without glass as this was not commonly available until retail establishments in cities like Fort Worth or Dallas were established and could have glass shipped in. With the arrival of the railroads in the 1870s, glass and other window components became readily available. Like other components of a building, different styles of residences utilize different style of windows: in Victorian or Queen Anne homes, windows are vertical; in Arts and Crafts houses, the windows are typically less vertical and often grouped in pairs. In Tudor houses, windows continue to be grouped together in pairs or triples and often incorporate stained glass. Window with 12/12 Sashes LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

250 Victorian Craftsman 1940s Historic Residential Window Types Existing Windows Historic windows, when repaired and properly maintained, will have greatly extended service lives while contributing to the historic character of the residence. Thus, an important element of a residence s significance will have been preserved for the future. It is not unusual for historic wood windows in north Texas to remain serviceable for 100 to 150 years or more when maintained properly. Replacement of historic wood windows due to extreme deterioration must be reviewed carefully. Many times, historic yet damaged wood windows are replaced with windows of lesser quality (such as aluminum or vinyl) which have a much shorter life span than the original windows, and in turn, will require replacement in a relatively short interval. Windows with 2/1 Panes Decorative Arts and Crafts Window Window Components LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

251 Required: Preserve original historic windows including opening size, lights (panes of glass), configuration, and trim (window frame, sills and heads). Not Required: Window changes that do not reflect the historic style of the house or those elements defined as significant to the building should not be allowed. It is encouraged that such later changes be restored back to an appearance similar to the original. If no documentation can be found regarding the original appearance, restoration back to a window (or windows) that would be typical of windows of this style of house might be acceptable. Window air-conditioning units may not be installed in windows at front facades nor at side facades when visible from a public right-of-way. Do not alter the character of the historic windows by the removal of historic elements or through the addition of elements for which there is no historic precedent. Do not enlarge or diminish historic window openings to fit stock windows. As noted above, the retention and repair of original windows is required unless such windows are severely deteriorated; such deterioration should be documented by a survey of windows and their conditions noted with photographs for review by the HLPC. Many of the historic wood windows in Lancaster s historic structures or buildings can be easily repaired and properly maintained by property owners or contractors specialized in this work, and will last another hundred years. Refer to additional information regarding rehabilitation of wood windows later in this section New Windows Although the retention of an original or existing window is always desirable and these Regulations encourage this goal, there is sometimes a point when the condition of a window may clearly indicate replacement. If replacement of historic wood windows is necessary and justified as noted above, replacement windows should follow these Regulations. Windows which have been previously replaced with inappropriate windows should be replaced with an appropriate window. Decorative Window Trim Historic Windows Replaced with Picture Window is Not Appropriate LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

252 Attempts to understand the contribution of the window(s) to the appearance of the façade include: 1) The pattern of the window openings and their size; 2) Proportions of the window and lights; 3) Configuration of glass panes within the window; 4) Type of wood; 5) Paint color; 6) Characteristics of the glass; and 7) Associated details such as arched tops, hoods, or other decorative elements. Required: The design of replacement windows (particularly at the front entrance) must be based on historic documentation if possible. If this is not possible, select a window that is appropriate for the period or style of the house. Example of 12/12 window The decision process for selecting replacement windows should not begin with a survey of contemporary window products, available at home centers which are available as replacements, but should begin with a look at the windows openings or windows that are being replaced to determine appropriate style, proportion, shape and material. To provide appropriate windows, custom windows may be necessary. Multi- or single-lite insulated windows are available that have appropriate sash and trim profiles. New exterior (and interior) trim is required to finish out matching the historic trim. When window replacement is necessary, do so within the exiting historic opening. Use the same sash size to avoid filling in or enlarging the original opening. If an original window opening has been blocked or filled in, consider opening the space and reinstalling an appropriate window. New window openings at the rear façade are allowed. These should minimize damage to the original design of the house and to character-defining features. New windows must be compatible with the historic (or existing) windows in proportions, shapes, locations, pattern, size, materials and details. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

253 New windows may be wood unless there is documentation that other materials were historically utilized. Select window trim (jamb and head trim, and window sills) that are appropriate to the replacement window in size, material and details. Not Required: Do not create a new window opening in the front or side façade of a house. If new openings are necessary due to building code requirements or other reasons, consideration should be given to removal of a window and inserting a door at this location. Do not use metal, vinyl or other materials for windows unless there is documentation that such materials were historically utilized Window Screens Most historic houses originally had window screens to allow ventilation without also letting in outside elements insects, flying debris and to provide security for the house. Window screens have a wood frame w/ inset wire screening that could be removed and replaced when worn out or damaged; historically, bronze screens were utilized and typically polished on an annual basis to maintain their finish. Screen windows typically aligned with and complemented the style of the window, as shown in the following photograph. Required: Original or historic window screens contribute to the character of the windows and may be retained and preserved. Appropriate Screen Windows If historic window screens are removed to allow the installation of storm windows, it is required that these be retained for future use. Historic window screens should be painted a color that is compatible with the historic character of the house. Historically, these were often painted a gloss black as this color and sheen was very serviceable and typically contrasted with the house color, thus highlighting the windows. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

254 3.3.5 Storm Windows Many styles of storm windows are available to improve the thermal performance of existing windows. The use of exterior storm windows should be investigated whenever feasible because they are thermally efficient, cost-effective, reversible, and allow the retention of original windows. Appropriate Storm Window Storm Window Required: Storm window frames may be made of wood, aluminum, vinyl, or plastic; these may be purchased or painted to blend with the surrounding elements (typically the window frame and sashes). Glass used in storm windows must be clear; plastic should not be used as this can be easily scratched by debris, trees, etc. The frames of storm windows may be as narrow as possible, to align with the lines of the existing window sashes. Storm windows should be provided with a center horizontal mullion that aligns with the horizontal meeting stile of the historic windows. The visual impact of storm windows may be minimized by selecting colors which match existing trim color and styles which complement and work with the style of the windows. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

255 Arched top storms are available for windows with special shapes. Not Required: The use of unfinished aluminum frames should be avoided, as these are not historically appropriate for use on historic buildings; if existing aluminum frames are already on a house, the aluminum frame may be painted. Muntins sandwiched between layers of glass ( snapin muntins ) may not be used. No reflective or tinted glass may be used Interior Storm Windows Although interior storm windows appear to offer an attractive option for achieving double glazing with minimal visual impact, the potential for damaging condensation problems must be addressed. Moisture which becomes trapped between the layers of glazing can condense on the colder, outer prime window, potentially leading to deterioration of the wood sill below. The correct approach to using interior storm windows is to create a seal on the interior storm while allowing some ventilation around the prime window. In actual practice, the creation of such a durable, airtight seal is difficult. Magnetic interior storm windows are now available for windows in historic houses and are gaining popularity. As these have a very small frame that is held in place by magnets attached to the inside of the window frame, these storm windows can be easily removed for cleaning or to dry out any condensation that has accumulated between the window and the storm window. Many owners remove these during the fall and spring months when the climate is moderate and enjoy the clear visibility through the historic windows. As these storm windows are so easily removed and can be stored, owners are more likely to remove these and periodically inspect the condition of the window and frame to ensure it is not incurring damage Security Grilles or Bars Security or burglar bars should comply with current City of Lancaster and state codes regarding exiting and life safety requirements for windows to allow easy exit in the case of an emergency. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

256 Required: The bar spacing at security grilles or bars may align with the sash pattern where possible and these may be painted a light color so minimize their visibility and painted to coordinate with the house. The bar spacing may align with the sash pattern where possible. Not Required: Exterior mounted burglar or security bars are not allowed at the front and side facades of a house Ceilings at Windows If a dropped ceiling is installed in the interior of the residence, be sure it is installed above the window height, or if not, that it is held back from or slanted up at the window so that it will not cut into the window opening. Ceiling at Dropped Window Rehabilitation of Wood Windows Historic wood windows should be rehabilitated whenever possible. This is often more practical than most people realize, resulting in many windows being replaced because of a lack of awareness of techniques for evaluation, repair, and weatherization. Wooden windows which are repaired and properly maintained will have greatly extended service lives while contributing to the historic character of the LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

257 building. Thus, an important element of the building's significance will have been preserved for the future. Following an inspection of the windows, the scope of the necessary repairs will be evident and a plan for the rehabilitation can be formulated. Generally the actions necessary to return windows to "like new" condition will fall into four broad categories: 1) routine maintenance procedures; 2) stabilization; and 3) parts replacement Routine Maintenance Routine maintenance on wooden windows is usually somewhat labor intensive and relatively uncomplicated. The routine maintenance required to upgrade a window to "like new" condition typically includes the following steps: 1) some degree of interior and exterior paint removal; 2) weather-stripping and repainting; and 3) repair or replacement of glazing Stabilization Stabilization is often required when windows show some additional degree of physical deterioration, but even badly damaged windows can be repaired using simple processes. Partially decayed wood can be waterproofed, patched, built-up, or consolidated and then painted to achieve a sound condition, good appearance, and greatly extended life. When window sills exhibit surface weathering they may also be built-up using wood putties or homemade mixtures such as sawdust and resorcinol glue, or whiting and varnish when minor areas of replacement exist. These mixtures can be built up in successive layers, then sanded, primed, and painted. The finished surface should be sloped slightly to carry water away from the bottom of the window sash and not allow it to puddle Parts Replacement Any of the techniques discussed can stabilize and restore the appearance of the window and frame. There are times, however, when the degree of deterioration is so advanced that stabilization is impractical, and the only way to retain some of the original fabric is to replace damaged parts. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

258 Detailed information on rehabilitation of wood windows is provided in the National Park Service s Preservation Briefs; refer to Appendix C for a list of these Regulations and how to obtain copies Weatherization Wood windows should be made as energy efficient as possible by the use of appropriate weather-stripping to reduce air infiltration. A wide variety of products are available to assist in this task. Felt may be fastened to the top, bottom, and meeting rails, but may have the disadvantage of absorbing and holding moisture, particularly at the bottom rail. Rolled vinyl strips may also be tacked into place in appropriate locations to reduce infiltration. Bronze strips or new plastic spring strips may be used on the rails and, if space permits, in the channels between the sash and jamb. Weather-stripping is a historic treatment, but old weather-stripping (felt) is not likely to perform very satisfactorily. Appropriate contemporary weather stripping should be considered an integral part of the repair process for windows. The use of sash locks installed on the meeting rail will insure that the sash is kept tightly closed so that the weather-stripping will function more effectively to reduce infiltration. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

259 CHAPTER 3.4: AWNINGS AND CANOPIES Introduction Awnings and canopies were often popular features in historic residential structures or buildings in North Texas; they provided much needed shade in the hot summers and protected windows and doors from rain. They also provided a sense of scale to the façade of a building Awnings Awnings at residential buildings provide protection from the summer sun, and are often found over south or west-facing windows and doors. Awnings were typically built of slatted wood or of canvas over a metal frame. While wood awnings were a permanent feature of the building, canvas awnings were often less permanent as these were removed during the winter months to allow sunlight into the house and to limit exposure to the canvas itself during these wetter months of the year; they were also intended to last a limited number of years and then typically replaced as needed. Canvas Awning over Single Window Some historic wood awnings remain in place within the historic areas; these are unusual and should be maintained and retained in place. However, finding intact canvas awnings and their frames is quite rare. Some historic homes contain metal slat awnings; these date from the 1930s and imitate the design of historic wood slats. Metal Awning over Single Window Like other features of a historic residence, the Secretary of the Interior's Standards for Rehabilitation and accompanying Regulations call for respecting the significance of original materials and features, repairing and retaining them wherever possible, and when necessary, replacing them in kind. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

260 Residential Awning Rhythm Existing Awnings As noted above, because of their historic importance and the limited number of historic awnings remaining intact, it is important to preserve any remaining historic wood or canvas awnings whenever possible. Occasionally awnings are located over rear doors to provide protection from the elements for the occupants and visitors as they enter and leave. Required: Preserve and maintain original or historic awnings. Replace canvas awnings with canvas or similar material with colors that are similar to the original, if known. Replace damaged or deteriorated wood slats and other historic fabric of historic awnings with wood slats or components that match the original New or Replacement Awnings Replacement awnings at doors and windows which originally had historic awnings are encouraged; these replacement awnings LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

261 may be of the same material (wood or canvas) and design of the historic awnings where possible. As awnings were not always an original feature of a house but were often added and removed over the life of a house, new awnings can reflect a continuum of such changes and should be allowed. Required: Replacement awnings at doors and windows are allowed; these should be of wood slats or fabric (such as canvas) similar to that of the original awning. New awnings at doors and windows are allowed; these should be of wood slats or fabric (such as canvas) over a metal frame. The design may be similar to awnings typically found at similar homes in Lancaster. Canvas awnings on metal frames may be permanently attached to the building. The frame and fabric may be removed during the winter months to allow the sun to come into the window. Awnings should not be continuous across a façade, but rather relate to each window. The rhythm of awnings as shown in the following graphic is typical of residential applications Canopies A canopy is a projecting roof structure that shelters an entrance to a building. While these are more common in commercial structures, they occasionally occur in residences. Canopies provided shade in the summer over a door, and were typically used at side or rear doors at larger homes. Like porches, canopies are historically important features and can be an important historic feature of a house Existing Canopies Because the elimination of a historic canopy alters the character of a building significantly, this is not considered appropriate. And application of new elements and details to a canopy to dress it up is also considered inappropriate, as is adding a canopy to a building where none historically existed. Required: Preserve and maintain original or historic canopies. Canopy over a Side Door Replace damaged or deteriorated canopy components with new components to match the original. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

262 New or Replacement Canopies Reconstruction of a missing canopy should be based on accurate evidence of the original configuration, placement and detail, and supplemented with historic photographs that show the original canopy. New canopies may be provided at a non-primary façade such as a rear door or entry, or at a side door or entry that is remote from the primary entry. New canopies should be quite simple in design and compatible with the historic structure. They may use materials that are compatible with the structure: wood or metal cladding or other materials. They may be supported from the building by metal rods, chains, wires, or supported by wood or metal columns. New canopies may extend just over the door or entry. Required: Replacement canopies at doors are allowed; these may match the historic design and materials of the original canopies. New canopies at rear or side doors may be allowed where appropriate. These may be of a simple design and be compatible with the historic building. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

263 CHAPTER 3.5: WOOD SIDING AND TRIM Introduction Historic wood siding and trim is the skin of the structure. This protects the structure from the elements while also expressing the style and character of the residence. The materials used as siding have varied over the years: in the mid nineteenth-century, wood siding was used for both commercial and residential structures due to its availability in the north Texas area. Siding could be horizontal (novelty siding or 1 x 4 boards for example) or vertical (simple flat boards or board and batten). Towards the end of the nineteenth-century, masonry was available (although expensive as it was often not made locally) and was widely used at foundations, load bearing walls at larger residences and later as a veneer in residences. The trim used on a residence is typically wood, and can be door trim (or casing), window trim, corner boards, fascia trim, cornices, patterned siding (or shingles) at a gable, dormer trim, porch and roof trim. Trim provides the ornamentation that gives a house much of its architectural character and is associated with the style of the structure. For example, wood roof brackets are typically associated with Arts and Crafts houses while fanciful and delicate ornate porch or eave brackets are associated with Queen Anne houses. As such, trim is one of the most important components of a historic house, with most trim elements having both a structural function while expressing the style of the structure. Refer to the 'Foundations and Skirting' chapter of these Regulations for information regarding skirting Types of Siding Siding, as the surface material on the outside of a structure, provides protection against weather. In north Texas, that includes often violent storms and accompanying rain, hail and sleet, and the searing heat of summer. Wood siding typically used in Lancaster houses is horizontal siding with either a top front rabbet and a bottom rear rabbet that lap the board below or tongue-and-grove edges; this siding is installed directly against the wall LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

264 (exterior studs) of the house, and is commonly referred to as drop or lapped siding. Board and batten siding is also a common siding type and is used at the side and rear of commercial properties, some houses and particularly on accessory structures. Wide vertical boards are applied directly to the structure, and are then covered at the joints with narrow boards (battens). A reverse board and batten siding has the smaller boards (battens) applied directly to the structure with the larger boards at the top. As boards in horizontal and board and batten siding overlap one another, a limited amount of natural insulation is provided, and when properly maintained by caulking and painting, can last for a very long time. Many of the historic houses in Lancaster retain their original wood siding, including some that date from the 1880s. Typical Lapped Siding Typical Horizontal Wood Siding Required Existing wood siding and trim on historic structures may be retained and protected, and repaired. Not Required nor allowed Removal of existing exterior wood siding and trim on historic structures may not be allowed unless it is severely deteriorated and repair is not possible. Newer and non-historic siding materials such as asbestos, asphalt, aluminum, and vinyl and cementitious board may LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

265 not be used at historic properties; refer to the 'Synthetic Siding' chapter of these Regulations New Wood Siding and Trim Wood siding and trim may be used on historic structures where it is necessary to replace severely deteriorated existing siding and trim and where the historic siding has been previously removed. Replacement wood siding on historic buildings or structures may match the size, profile and texture of the historic siding as close as possible. If this is not possible, consideration should be given to the use of new wood siding in a selected area, with the new siding matching the historic as close as possible and of a simple profile. New siding should not be more elaborate than the historic. Wood siding used on additions to historic residences may be appropriate to and compatible with the historic wood siding. If an exact match is not possible, wood siding similar in size, style and appearance should be selected, but of a more simple profile. Such new siding should not be more elaborate than the siding on the original historic house. Board and Batten Siding Wood siding may be used on new construction (such as a new house in a historic neighborhood or a new accessory structure or outbuilding at a lot with a historic structure) may be either wood siding used on other historic residences in the neighborhood, or may be another appropriate siding material (refer to the 'Synthetic Siding' chapter of these Regulations). Synthetic materials such as aluminum, vinyl siding or cementitious boards may not be used as replacement siding materials on historic structures. Required: Wood siding and trim may be used on historic structures where it is necessary to replace severely deteriorated existing siding and trim and where the historic siding has been previously removed. Trim at a Queen Anne House Wood siding may be used on new construction (such as a new house in a historic neighborhood or a new accessory structure or outbuilding at a lot with a historic structure). Appropriate wood trim at windows, doors, corner boards, top and sill conditions, brackets, cornices, roof trim and other decorative trim may be used. The size (width and height), scale, profile and relationship to other components (siding) should be carefully considered in design and installation. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

266 Trim on new construction (additions to historic houses or new construction in a historic neighborhood) may be of a simplified design, respecting historic trim used in other structures in the district but not imitative in design Repair and Replacement of Existing Wood Siding Wood siding that has been damaged may be repaired and preserved whenever possible. Avoid removing siding that is in good condition or that can be repaired in place. Where wood siding has suffered minor damage, it may be sanded, filled with wood putty, and repainted. This approach is vastly preferable to removal of historic wood siding. If the damage to a particular area of the wood siding is significant, and the original siding cannot be repaired, it may be necessary to remove a section of a siding board and replace it with either a piece recovered from elsewhere on the structure (if surplus siding is available from previous work at the house) or replace it with new. Replacement with new material should only occur if the existing historic siding cannot be reasonably repaired. However, new siding may not necessarily match the dimensions or profile of the existing siding, so minor modifications may be necessary to accommodate new siding when used in selected areas. In those situations where large expanses of wood siding are deteriorated beyond repair, it may be necessary to remove the original siding and trim and replace with new. In this situation, the replacement wood siding should match the original in size, the amount of exposed lap and the finish Cleaning and Painting of Existing Wood Siding Cleaning of existing wood siding is associated with re-painting, and both topics are addressed in detail in the Paint and Color Design chapter of these Regulations. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

267 CHAPTER 3.6: SYNTHETIC (NON-WOOD) SIDING Synthetic Siding Materials Synthetic siding materials have been used since the 1930s with the introduction of asbestos cement shingles and asphalt shingles. Asbestos cement shingles were made of cement reinforced with asbestos fibers, and were rigid. Asphalt shingles are a composition of several materials fiberglass saturated with asphalt and were originally made as a replacement for wood roofing shingles, but also manufactured specifically for vertical siding installations. Asphalt shingles are pliable and are less likely to break or suffer damage than asbestos shingles. Both asphalt and asbestos cement shingles were installed over wood siding in an effort to reduce the maintenance associated with wood siding. Typically, these shingles were nailed directly to the wood siding. The corner boards, window and door trim and other trim elements were often left in place. However, roof brackets, porch brackets and trim, considered to be ornamentation, were removed to accommodate these new siding materials. Asbestos Siding that Retains the Window Trim, Corner Boards, and Fascia These siding materials bear little resemblance to historic siding materials. While the original massing and style of the structure was retained after replacement of the siding, much of the historic character of the building was lost due to both the change in texture of the siding, and the loss of trim and ornamentation on the structure. As these siding materials were installed for lengthy periods of time before removal, they hid deterioration to the historic wood siding and trim below due to moisture accumulation between the historic and new siding. Often, the historic wood siding was deteriorated beyond repair due to this, and replacement of the historic siding in its entirety was required. Modern synthetic materials such as metal (typically aluminum or steel), vinyl siding, fiberboard and occasionally, cementitious siding are typically applied in a manner similar to the older shingles directly on top of the historic siding, although rigid insulation is often installed on top of the historic siding, below these applied synthetic siding materials. Synthetic siding materials adversely affect the appearance of a historic residence and typically result in the loss of historic elements that are critical to the character of the structure: door and window trim, roof brackets and other decorative trim, texture of the siding. With these synthetic types of siding, the existing window, door and other trim elements are typically removed and discarded as these synthetic siding systems provide new, lowprofile trim at doors, windows, corners, etc. Loss of this historic Asbestos Siding with Historic Trim Removed Metal Siding with Changes at Windows and Loss of Majority of Trim LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

268 character at one structure also alters the historic visual relationship between the structures in a district. Installation of metal, vinyl and similar synthetic siding materials also damage the historic wood siding by nailing directly to it. Existing problems which signal early warning signs of deterioration (such as water entry within an exterior wall or leaking from the roof) may be hidden by the installation of synthetic siding. Unfortunately, these problems continue and will only worsen, and may destroy the original wood siding if new siding is installed over it. Eventually moisture will surface and affect the new synthetic siding; however, by this time the historic wood siding underneath may be damaged beyond repair. Refer to the 'Foundations and Skirting' chapter of these Regulations for information regarding skirting. Not Required Historic wood siding may not be removed at historic buildings or structures for replacement with synthetic siding. Synthetic materials such as aluminum, vinyl siding, fiberboard siding or cement boards may not be used on historic properties Cementitious Board Siding As noted above, cementitous board siding may not be used inccementitious boards however, are available in siding profiles that are similar to historic siding profiles (with the exception of novelty siding profiles) and are easily installed with wood trim or cementitious trim details that are similar to those of historic houses. Additionally, as is does not contain moisture absorptive materials, it is a material with a long life span and is not easily damaged by exterior elements as metal and vinyl siding are. It can also be painted any color. For this reason, it is permitted in new construction only in historic neighborhoods (such as a new house in a historic neighborhood or a new garage at a historic house). Cementitious boards are available in siding profiles that are similar to historic siding profiles (with the exception of novelty siding profiles) and are easily installed with wood trim or cementitious trim details that are similar to those of historic houses. Required Cementitious board siding may be used in the construction of new houses in historic neighborhoods. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

269 Cementitious board siding may be used in the construction of new accessory structures (such as garages or similar structures) adjacent to a historic house. Where cementitious board siding is used, wood trim or cementitious board trim may be consistent with wood trim used in nearby historic residences including width, thickness and profile. Not Required: Metal, aluminum, vinyl, fiberboard, cementitious and other synthetic siding materials may not be used on historic structures or buildings. Cementitious board siding with wood grain surface is not appropriate for historic structures. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

270 CHAPTER 3.7: MASONRY Introduction Masonry is defined as stone, brick, or similar elements installed so that the weight of the unit bears on the one below, typically with mortar in the joints between the units. Types of masonry typically used in north Texas include load-bearing brick walls, concrete block and stonework as well as brick or stone veneers. Historic residential structures typically utilize two types of brick - a pressed brick or a face brick. Pressed bricks were hydraulically pressed while partially dry to create a dense, uniformly shaped brick with smooth faces; these were commonly used in North Texas in the late nineteenth and early twentieth centuries and are no longer made. Pressed bricks were typically used in foundation walls, chimneys, flues and at exterior walls in earlier structures. Face bricks are typically kiln dried or fired brick and were more uniform in size and color; these were mass-produced beginning in the early 1900s. Many face bricks were wire-cut, or otherwise had some articulation in texture. In commercial structures, face bricks were more expensive than pressed bricks so typically used only on the public facades (or faces) of a structure with the cheaper, common bricks used at the less visible locations Existing Masonry Existing, historic brick in foundation walls, columns and walls (either load-bearing or veneer) define the character of structures. The original natural finish is historically important and should be preserved. Masonry surfaces require minimal maintenance and are known for their durability. Required Original brick may be maintained and preserved. Pressed Face Brick Original masonry surfaces may not be painted. The use of any abrasive, strong chemical or high-pressure cleaning should never be used on historic masonry. If historic masonry has been painted, it is encouraged that the paint be removed if possible. See Removal of Paint section following. Replace damaged or deteriorated masonry with materials that match in color, texture and detail. Textured Face Brick LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

271 For replacement masonry in a prominent location on the structure when an exact match is not available, it may be necessary to remove masonry from a less noticeable location on the structure (rear façade) to use in the replacement. Masonry that is similar in color and size can then be used at the less prominent location Painting of Historic Masonry Historic masonry walls and other masonry components may not be painted for several reasons. First, if the brick was always exposed, the change of surface material and color will destroy the historic character of the structure. Painting also eliminates the potential for refurbishing masonry to its original condition because it frequently cannot withstand stripping treatments which may be more destructive than the paint. Painting of historic brick also has the possibility of sealing in moisture and supporting deterioration in the brick. Painted Brick Brick in Need of Repair Removal of Paint from Historic Masonry While the removal of non-historic finishes is desirable and consistent with preservation treatments, this may or may not be possible with masonry, including brick. Some historic brick structures or parts of structures were painted at the time of construction or shortly thereafter; and retention of the paint, therefore, may be more appropriate historically than exposing the brick. If painting the masonry is appropriate, the retention of the paint may be more practical than removal in terms of long-range preservation of the masonry. In some cases, however, removal of the paint may be desirable. For example, the old paint layers may have built up to such an extent that removal is necessary prior to repainting Masonry Repairs Masonry, as with any other exterior material, is subject to damage and deterioration from the elements, and abuse or accidents from property owners, tenants and others. When masonry is damaged, it should be repaired in a timely manner to avoid further damage due to lack of protection from the elements. Brick details and ornamentation should be retained and repaired when damaged. These are part of the historic character of the house or neighborhood and should be retained. Good masonry contractors with experience in working with older structures can repair historic masonry, and replicate details and ornamentation. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

272 3.7.5 Cleaning of Masonry The general nature and source of dirt on masonry must be determined in order to remove it in the most effective, yet least harmful, manner. Soot and smoke, for example, may require a different method of cleaning than oil stains or bird droppings. The "dirt" also may be a weathered or discolored portion of the masonry itself rather than extraneous materials. Other common cleaning problems include metal stains such as rust or copper stains, and organic matter such as the tendrils left on the masonry after removal of ivy. The source of dirt, such as coal soot, may no longer be a factor in planning for longer-term maintenance, or it may be a continuing problem Types of Cleaning Cleaning methods generally are divided into three major groups: Water; Chemical; or Mechanical (abrasive). The potential effect of each proposed method of cleaning on the environment should be evaluated carefully. Chemical cleaners, even though diluted, may damage trees, shrubs, grass, and plants. Animal life, ranging from domestic pets to song birds to earth worms, also may be affected by the runoff. In addition, mechanical methods can produce hazards through the creation of airborne dust. Several potentially useful cleaning methods should be tested prior to selecting the one for use on the structure. The simplest and least dangerous methods should be included as well as those more complicated. All too often simple methods, such as a low-pressure water wash, are not even considered, yet they frequently are effective, safe, and least expensive. It is worth repeating that these methods should be tested prior to considering harsher methods; they are safer for the structure, safer for the environment, and less expensive Test Patch Cleaning tests, whether using simple or complex methods, should be applied to an area of sufficient size to give a true indication of effectiveness. The test patch should include at least a square foot, and, in structures with stone veneer, should include several stones and mortar joints Water Cleaning Water methods of cleaning soften the dirt and rinse the deposits from the surface, and include: (1) low-pressure wash over an extended period, (2) moderate- to high-pressure wash, and (3) steam. Bristle brushes frequently are used to supplement the water wash. All joints, including mortar and sealants, must be LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

273 sound in order to minimize water penetration to the interior. Water methods generally are the simplest to carry out, the safest for the structure and the environment, and the least expensive. Water Pressure when Cleaning Masonry Chemical Cleaning Chemical cleaners react with the dirt and/or masonry to hasten the removal process; the deposits, reaction products ducts and excess chemicals then are rinsed away with water. Since most chemical cleaners are water based, they have many of the potential problems of plain water. It must be cautioned that some chemical cleaners may also attack the masonry, or change the color of the masonry (and not by removal of dirt) or leave a hazy residue in spite of heavy rinsing. In addition, chemicals can react with components of mortar, stone, or brick to create soluble salts which can form efflorescence, as mentioned earlier. Historic brick structures are particularly susceptible to damage from hydrochloric (muriatic) acid, although it is, unfortunately, widely used on these structures. For these reasons, performing a test patch as described above with the chemical cleaner is critical to determine if the particular cleaner will cause any of these problems Mechanical Cleaning Mechanical methods include grit blasting (usually sand blasting), grinders, and sanding discs, which remove the dirt by abrasion and usually are followed by a water rinse. Since the abrasion does not differentiate between the dirt and the masonry, some erosion of the masonry surface is inevitable with mechanical methods, especially blasting. Mortar joints, especially those with lime mortar, also can be eroded by mechanical cleaning. In some cases, the damage may be visual, such as loss of joint detail or increased joint shadows. Joints constitute a significant portion of the masonry surface (up to 20% in a brick wall) so this change should not be considered insignificant. Although a skilled operator can minimize this erosion, some erosion will still take place. Mechanical methods should never LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

274 be used on brick, soft stone, detailed carvings or polished surfaces and should be used with extreme caution on others Water Repellent and Waterproof Coatings Coatings frequently are applied to historic structures without concern for the cause of any water infiltration or the consequences of the coating. Water penetration to the interior is often not caused by porous masonry but by deteriorated gutters and down spouts, deteriorated mortar, capillary moisture from the ground (rising damp), or condensation. Coatings will not solve these problems and may often make existing adverse conditions worse. In the case of rising damp, the coatings will allow the water to go even higher because of the retarded rate of evaporation. This is not to suggest that there is never a use for water repellents or waterproofing. Sandblasted brick, for example, may have become so porous that paint or some type of coating is essential. In other cases, the damage being caused by local pollution may be greater than the potential damage from the coatings. Generally, coatings are not necessary, however, unless there is a specific problem which they will help to solve. Consideration should be given to treating limited areas of a structure rather than the entire structure Repointing Mortar Joints A good mortar joint on a masonry wall is meant to last at least 30 years, and preferably 50 to 100 years; re-pointing of these joints should be considered as a regular maintenance item for any masonry on a structure. The mortar joint in a historic masonry structure has often been called a wall's "first line of defense." Repointing, also known simply as "pointing" or - somewhat inaccurately - "tuck pointing", is the process of removing deteriorated mortar from the joints of a masonry wall and replacing it with new mortar. Properly done, repointing restores the visual and physical integrity of the masonry. Improperly done, repointing not only detracts from the appearance of the structure, but may also cause physical damage to the masonry units themselves. The exact physical and chemical properties of the historic mortar are not of major significance as long as the new mortar conforms to the following criteria: The new mortar must match the historic mortar in color, texture and tooling. The new mortar should be softer (measured in compressive strength) than the existing masonry units. If not, any harder, newer mortar will affect the flexibility of movement of the historic mortar, and can result in damage to this historic mortar. Masonry Repointing LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /57

275 CHAPTER 3.8: FOUNDATIONS AND SKIRTING Foundations The foundation of a house is the basis for the structural integrity of a house and its preservation. The foundation accepts the weight of the house and distributes it evenly to the surrounding soil. A weakened foundation threatens the very structure of the house and all of its architectural features. Settlement of the adjacent grade (earth) is a major concern in North Texas where the ground has a high shrink-swell potential and moves seasonally. In times of dry weather (typically in the summer) the earth actually shrinks and during wet weather (the fall and winter) the earth contracts; this movement is more extreme at the surface of the earth ( grade ) and is lessened with depth into the ground. As the structure s foundation rests on this earth, it moves also, resulting in the cracks that are so common in historic (and new) houses. Historic homes were often built of materials that forgave such movement wood structure and exterior cladding as well as interior finishes that allowed for such movement finished wood walls and wallpaper at walls and ceilings that would be replaced on a regular basis. In North Texas foundations typically found at historic homes include pier and beam, perimeter grade beams and occasionally the wood floor structure is supported by stones or short bois d arc posts that sit closely to the ground; this is typically called a mudsill. This chapter cannot address the structural implications of foundation design of historic houses and new construction, as this can only be done by a qualified structural engineer with experience in historic residential structures Pier and Beam Foundation This foundation type consists of a pier of brick, concrete or bois d arc (wood, commonly known as Osage Orange) posts that extend into the ground typically a short distance 18 to 30 and sometimes less; these posts are in a regular pattern that relates to the load-bearing walls above. The beams of the house are then placed on top of these posts with floor joists placed on top, with flooring laid above. Pier and beam homes typically have an open crawl space below the house, allowing easy access for leveling or replacement of deteriorated piers or beams. Access to the underside of the house is also easily accessible for future changes to the foundation or other systems such as plumbing or electrical work. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

276 Required As there is often not a perimeter beam around the house, the surrounding ground should slope away from the house, to provide positive drainage away from the house. The ground below the house may be slightly higher than the surrounding ground. The piers may be inspected regularly for signs of deterioration or shifting. The crawl space may be kept dry, to facilitate the ground drying out during wet seasons. Consideration may be given to enclosing the crawl space with skirting to prevent moisture, potentially harmful plants and vegetation extending under the house as well as animals; this skirting may allow ventilation so that moisture below the structure can be dissipated Mudsill Foundation A mudsill foundation is similar to a post and beam foundation, with the exception the wood foundation rests on stone or short bois d arc posts that sit directly on the grade. Such foundations typically sit only a few inches above the surrounding grade and often settle into this grade thus the term mudsill. These homes typically have little to no crawl space, with wood members often sitting directly on the ground; these wood members are very susceptible to deterioration and rotting. If wood members are in contact with the ground, consultation with a structural engineer experienced in historic homes is Required to address this issue. If it is determined that the house should be raised, this may be limited to a minimal amount to avoid changing the historic appearance of the house and its relationship to the site. Recommendations The ground below the house may be slightly higher than the surrounding ground and the grade around the house may drain away from the house. The crawl space may be kept dry; to facilitate the ground dries out in those wet seasons Perimeter Beam Foundation A perimeter beam extends around the perimeter of the house, supporting the exterior wall and floor structure of the house. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

277 Interior piers support the beams and joists in the center of the house, with the sub floor and flooring on top of the joists. Perimeter beams in structures dating from the late 1800s and early 1900s are typically brick while later houses typically have concrete perimeter beams. As this foundation types separates the ground surrounding the house from the ground below the house, it can offer a more stable foundation. However, this depends on the local soil conditions and drainage conditions around the house. Like post and beam houses, houses with perimeter beams typically have an open crawl space below the house, allowing access for leveling or replacement of deteriorated piers or beams. Access to the underside of the house is also somewhat accessible for future changes to the foundation or other systems such as plumbing or electrical work. Recommendations The ground below the house (crawl space) may be slightly higher than the surrounding ground (on the other side of the perimeter beam) to ensure that standing water outside the house does not filter back into the crawl space. The perimeter beams and piers may be inspected regularly for signs of deterioration or shifting. The crawl space may be kept dry, to facilitate the ground drying out in wet seasons. Ventilation penetrations may be maintained to facilitate moisture below the structure dissipating Skirting Historic skirting at historic houses contributes to the historic character of the house and may be retained and preserved. It is encouraged that later, non-historic skirting materials should be removed and replaced with skirting that is more appropriate to the historic house. Residential Building Skirting Where skirting has been removed and is to be replaced, new skirting may be appropriate to the historic house in profile (straight or sloped), material and color. When the historic skirting has been previously removed or replaced with inappropriate skirting, or the existing skirting has deteriorated and requires replacement, cementitous boards may be used for skirting materials. As with other uses of this material, the 'smooth' boards may be used, and size and profile may be appropriate for the historic structure. Historic skirting Lattice Skirting LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

278 materials may not be removed and replaced with cementitious boards. Recommendations Historic skirting may be retained and preserved. Wood siding as a continuation of the siding on the walls above is appropriate for those houses with solid skirting. At pier and beam houses, lattice that is framed or pressed metal are examples of appropriate skirting materials. Pressed Metal Skirting Wood or vinyl lattice are appropriate skirting materials. Lattice or similar materials may not be continued on top of the piers of a house. Skirting materials may be simple, and may relate to the house. Avoid the use of non-treated (womanized) wood as skirting where this is in contact with the ground Other Foundation Elements Other elements at a foundation such as simple or decorative vents, steps, exterior finishes of a perimeter beam may be preserved. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

279 CHAPTER 3.9: ROOFS Introduction During many periods in the history of architecture, the roof of a structure has imparted much of the architectural character of the structure. It has defined the style and contributed to the structure's aesthetics. The hipped roofs of Georgian architecture, the turrets of Queen Anne and the graceful slopes of the Craftsman designs are examples of the use of roofing as a major stylistic and design feature. But no matter how decorative the patterning or how compelling the form, the roof is a highly vulnerable element of a shelter that will inevitably fail. A poor or unmaintained roof will permit the accelerated deterioration of historic interior building materials - masonry, wood, plaster, paint - and will cause general disintegration of the basic structure. A weather-tight roof is basic in the preservation of a structure, regardless of its age, size, or design. In the system that allows a structure to work as a shelter, the roof sheds the rain, provides shade from the harsh sun, and buffers the weather. Gabled Roof at Front Porch Gabled Roofs Facing Opposite Directions example at Wilson Street Roof Styles and Ornamentation Roofs occur in three fundamental shapes or forms: gabled, hipped and flat Gable Roofs Front Facing Gable Roofs with Side Facing Gables example at N. Dallas A gable roof is a pitched roof with two inclined planes having equal angles that meet at a peak in the center and terminate at a vertical gable. Variations of this roof form include front facing gable, side facing gable, cross gable and square gable. The wall that encloses the end of a gable roof is called the gable. This roof form is used often for Victorian and Queen Anne, Arts and Crafts, Tudor and Minimal Traditional-styled houses within the historic areas of Lancaster. Please note that while houses may have one dominant roof style, they can have minor forms or components of another style. For example, many Tudor Revival houses will have gables at the front elevation, but have hip roofs in the back of the house. Cross-gabled Roof example at Jefferson Street Lancaster has a large number of multi-paired front-facing gable roof forms on many of the historic houses; these typically occur on Queen Anne homes. Collectively, these form an unusual collection of houses with this roof type in north Texas. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

280 Hip Roofs A hip roof is a roof that slopes inward from all exterior walls, and forms either a pyramid roof form or one with a ridge that all four (or more) roof planes adjoins. Pyramid roofs are typically found at smaller, square houses while hip roofs with a ridge are used at rectangular or more complex building plans. Subtypes of a hip roof form include the pyramid, simple hip as well as a cross-hip, dual-pitched hip (mansard) and half-hipped. Paired Front-facing Gable Roofs Flat Roofs Flat roofs are roofs with a pitch or slope sufficiently low that it can be walked upon easily; this may be a true horizontal plane or have a low pitch for rainwater drainage. Typically used at historic commercial structures, flat roofs are usually surrounded by a parapet or have only a gravel stop at the rear perimeter. Other roof components include roof dormers, turrets, chimneys, eaves, multi-level eaves, verge boards (below gables), fake beams, exposed rafters, articulation or detailing at eaves, castellations (typically at commercial parapets) and more. Some of these components have purpose dormers provide light to the building interior while others are purely decorative and serve to support the architectural style of the structure. Examples of some of these components found in Lancaster are shown following: Hipped Roof Historic Roofing Materials Wood Shingles and Shakes Wood shingles and shakes were popular throughout the country in all periods of building history. The size and shape of the shingles and shakes as well as the detailing of the shingle roof differed according to regional practices. Commonly in urban areas, wooden roofs were replaced with more fire resistant materials, but in rural areas this was not a major concern. On many Victorian country houses, the practice of wood shingling survived the technological advances of metal roofing in the nineteenth century, and near the turn of the century enjoyed a full revival in its namesake, the Shingle Style. The Bungalow styles in the twentieth century assured wood shingles a place as one of the most fashionable, domestic roofing materials. Front-facing Hipped Roof with an Attached Front Porch Roof Hipped Roof with Exposed Rafters Metal Roofing Metal roofing in America is principally a nineteenth-century phenomenon. Before then the only metals commonly used were lead and copper. Tin-plate iron, commonly called "tin roofing," Fishscale Wood Siding at Gable LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

281 was used extensively in Canada in the 18th century, but was not commonly used in the United States until rolling mills were established in this country. The low cost, light weight, low maintenance and ease of shipping of tin plate made it a common roofing material. Embossed tin shingles, whose surfaces created interesting patterns, were popular throughout the country in the late nineteenth century. Tin roofs were often kept well- painted in red or green to imitate the green patina of copper. Unfortunately, few of these roofs remain intact today. Eave Return at Gable Composition Shingles Composition shingles have been a popular and widely used roofing material since the early decades of the twentieth century. Asphalt composition shingles have replaced wood shingles and ceramic tile roofs due to their ease of installation, low cost and availability. In addition, they are fire-resistant which in urban areas, is preferred by building officials. Originally available in many patterns variegated, diamond and plain (or square) and colors (green, red, grays and browns), these are typically used in patterns and colors to imitate wood shingles. Since the early 1980s, thicker composition shingles styles are available which offer a longer life (30-year), have a more rugged appearance and are available in a selection of natural colors (greys and browns), thus giving an appearance of wood shingles. These are typically referred to as architectural grade roof shingles. Dormer between Two Gable Roofs Asphalt Roofing Rolled (or sheet) asphalt roofing provided an economical roof for flat or low sloped roofs. Sheets of felt canvas or cloth were impregnated with asphalt, then laid in overlapping strips across the roof, with the joints sealed with a heated asphalt compound. Detailed Verge Boards Other Roofing Materials Other Roofing Materials commonly used on more elaborate residential and commercial structures in the early twentieth century included ceramic tile (glazed and unglazed), cement tile, stone and slate tiles. Flat roofs utilized rolled or sheet asphalt and built-up roofs since the mid-nineteenth century in north Texas. Wood Shingles Existing Roofs The retention and repair of original roof forms and materials is encouraged whenever possible, although it is acknowledged that it is impractical (and expensive) to maintain original wood shingle roofs. Slate Roof LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

282 Required Preserve the original shape, lines, slope and overhang of historic roofs as well as architectural features such as dormers, chimneys, turrets, and associated trim. Preserve roof details such as ridge cresting, fishscale shingles, exposed rafters, brackets, gutters and downspouts. Cornice Replacement gutters and downspouts may be reviewed for style through the CA process. New dormers, if necessary to make attic space usable, should be located only on non-primary facades. Do not add non-historic roof features (such as dormers, new porch roofs, etc) on front facades or other facades that face public streets. Roof features such as roof ventilators, antennas, satellite dishes and skylights may be installed, but should be located on rear slopes as to not be visible from the street. Ceramic Tile Roof Gutters and downspouts should be metal. Metal surfaces may be painted that require protection from the elements, and may be painted to match the body or trim of the house. Copper downspouts and gutter should not be painted but allowed to develop a pantina. Do not remove historic fabric such as brackets or fascia boards to install gutters and downspouts. Asphalt Shingle Roof (Architectural Grade Shingles) Roof Cresting Turret and Finial LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

283 CHAPTER 3.10: COLOR DESIGN AND PAINT Approval of exterior colors is not required through the Certificate of Appropriateness process, this section includes information and suggestions that are compatible with historic properties, and this chapter is provided for information only. Introduction In addition to providing protection to wood surfaces, paint provides an opportunity to reinforce the architectural style of a historic house, and greatly contributes to its historic character. Paint colors may be selected that are appropriate to the style, period and type of structure and its district or area. Selection of paint and stain colors based on research of historic finishes is encouraged Color Palette The variety of architectural styles and periods represented in Lancaster provide a diversity of color palettes and treatments. Historically, the colors used at Folk Victorian and early homes were quite simple a body color and one trim color. These were typically light in color, reflecting both the lack of availability of quality darker colors, and the desire for painted surfaces that required little maintenance. Later Queen Anne and other Victorian style houses utilized multi-colored paint schemes in deep, rich hues, with the various materials (wood shingles, siding, door trim, window trim, fascias, and corner boards) painted different colors to emphasize the richness of the textures. Arts and Crafts houses (bungalows and prairie styles) typically combined exterior colors in warm, rich earth tones to reflect the connection of this style to nature although occasionally more pastel colors were used too. Brick Tudor homes often used contrasting, lighter colors in the limited wood surfaces available. Minimal Traditional houses were typically painted a single, light color (white was quite popular) to de-emphasize the trim and size of these houses. Appropriate Colors for a Folk Victorian House (simple paint scheme with a single trim color used) Appropriate Colors for a Victorian House (colorful with several colors used at various materials to highlight these) While it is informative to know the historic paint colors used at a house, these colors may be considered inappropriate by today s standards or not be desired by the current owner. Paint, as a material finish on wood, is considered temporary and may reflect trends and preferences of the current owner or neighborhood. Most paint companies have historic palettes that are excellent color choice sources. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

284 Trim and Accent Colors Window Trim Colors Many national brand paint manufacturers publish historic paint palettes for various architectural styles. These can be very useful in researching appropriate colors for particular styles of homes. Additionally, there are numerous other resources available for researching colors associated with historic homes. Refer to the Bibliography and Resource section in the Appendix. Required Paint colors should be complementary to each other and the overall character of the historic structure and may be used to accentuate the structure s significant features; the right colors respect the historic structure. When possible, research the original paint colors and finishes of the historic structure, and document these for future use. Appropriate Colors for an Arts & Crafts house (use of earth colors for the body of the house and lighter trim colors) Selection of paint and stain colors based on research of historic colors and finishes is encouraged. Flourescent or day-glow colors may not be used. The articulation and details of exterior walls, window and doors openings, trim, scale and texture of exterior materials can LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

285 be enhanced or obscured by appropriate and inappropriate paint colors selected for a structure. Body and trim colors should not be similar in hue or tone intensity (i.e. 2 shades of colors that are closely related like green and red or 2 dark or light shades of the same color). Paint replacement gutters, downspouts, metal frame screen and storm doors and windows, roof-vent assemblies and fire escapes to match the color of the wall, trim, cornice or roof color, whichever is the most effective in reducing the visibility of these elements. Paint color of skirting on residential structures should be appropriate to the structure; a very light color should not be used unless this matches the body color of the house Body Color As described, the body of the house is the most dominant color of the historic house. This color is commonly referred to as the body color and comprises the largest single material (and color) of the house Trim Colors Having selected a base or body color that is appropriate to the period or style of your historic structure, the next decision is for a trim color to contrast and complement that of the body color. Nearly all houses built in Lancaster prior to WWII were defined by trim colors. Trim color, for houses, was used to define wood elements such as the porch features, corner boards, and window and door trim and fascia boards. All of these elements were usually painted to contrast with the base or body color, or to define the body of the house. Porches were also painted a trim color to provide an outline or contrast color to the color of the body of the house Accent Colors A third color, commonly called an accent color, was quite often utilized to accentuate or highlight a particular feature of a house or structure. Doors, window sashes, or special or decorative trim was typically painted with an accent color Painting A good coat of paint is one of the most important defenses exterior wood has against the elements. Paint applied to exterior wood must withstand yearly extremes of both temperature and LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

286 humidity; the Texas summers are extremely hard on painted surfaces. While never expected to be more than a temporary physical shield (requiring reapplication every five to eight years) the importance of paint should not be minimized. Because one of the main causes of wood deterioration is moisture penetration, a primary purpose for painting wood is to exclude such moisture, thereby slowing deterioration not only of a structure s exterior siding and decorative features but, ultimately, its underlying structural members. Another important purpose for painting wood is, of course, to define and accent architectural features and to improve appearance of a structure. Exterior paint is constantly deteriorating through the process of weathering, but in a program of regular maintenance (and assuming all other structural systems are functioning properly), surfaces can be cleaned, lightly scraped and hand sanded in preparation for a new finish coat. Unfortunately, these are ideal conditions. More often, complex maintenance problems are inherited by owners of historic structures, including areas of paint that have failed beyond the point of mere cleaning, scraping and hard sanding (although much so-called paint failure is attributable to interior or exterior moisture problems or surface preparation and application mistakes with previous coats). Repainting should not occur until problems with leaking water, moisture infiltration, or non-functioning gutters and downspouts are repaired Painting of Non-wood Surfaces Original stone or masonry surfaces should be maintained and may not be painted, unless severe deterioration of the brick or stone requires painting, and other consolidation or stabilization methods are not possible. Painting of brick or stone eliminates the inherent color variation of the brick or stone that was a conscious part of the original design of the structure. Painting of original stone or masonry also initiates a continuing cycle of paint maintenance that is unwanted on historic structures. If masonry was previously painted, it is often not appropriate or possible to remove paint, and appropriate repainting should be considered; new paint colors for masonry should echo the color of the original brick or stone. If color or texture of replacement brick or stone cannot be matched with existing masonry material, painting may be an appropriate treatment. The color of such surfaces should approximate the color of the original masonry or, if not appropriate, that of a natural masonry color. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

287 Painting of stucco that has never been painted is not Required for the same reasons as painting of stone or masonry surfaces. In addition, there are often details in the stucco that painting will obscure as well as adversely affect the wall s vapor transmission performance. Metal surfaces that require protection from the elements may be painted. Paint should not be applied to metals types that require protection from the elements or to metals such as brass, copper, or stainless steel that were historically meant to be exposed. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

288 CHAPTER 3.11: SIGNS AND LIGHTING Introduction In residential areas, the pedestrian s focus should be directed towards buildings, landscape and the streetscape and not signs. Signs for commercial use, where permitted, should be visible and legible, but the choice of appropriate design, details and materials and proper location are more effective than the content and size of the sign. Signs that compete for attention detract from the character of the historic residential neighborhood. All signs must comply with the Sign Ordinance section in the Lancaster Development Code regarding the conditions under which signs are allowed in residential neighborhoods, their placement, size, design and number Sign Styles To prevent damage to historic houses or the limited number of commercial buildings in the Historic District, freestanding monument-type signs are preferred. They should be placed in the front yard areas of houses used for commercial activities. These signs can be easily removed and do not damage the historic building. Monument signs in general, should be small and limited to one per building; this includes buildings with multiple tenants. Avoid clutter and limit the size of the signs at residential buildings. Signs should not obscure historic building features such as cornices, gables, porches, balconies or other decorative elements. Where applicable, monument signs should be aligned with those of neighboring buildings to avoid visual clutter and enhance readability. Avoid garish colors or patterns, but use the detail and style of the building's architecture to speak for the business. Locate signs so that they relate to and do not compete with architectural features of the building. No signs attached to the building, roof signs, off premise signs, flashing signs or plastic backlighted signs may be used. Signs should be constructed of painted wood or metal and may not be illuminated or lit from separate lighting source LIGHTING Illumination of residential facades to highlight ornamental detail may be permitted. Fixtures should be small, shielded and directed toward the building rather than toward the street, so as to minimize glare for pedestrians. Incandescent white light is encouraged. Exposed conduit is discouraged. Lighting of building entryways and low-level sidewalk lighting of less than 12 in height are allowed. Where entryways are recessed, fixtures should be located in the ceiling of the recess and shielded to direct light downward, and may be compatible with the historic character of the house. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

289 CHAPTER 3.12: ADDITIONS Introduction Additions to historic homes are quite common; with as rich a history as Lancaster, it is unusual to find homes that have not had additions built over the years. Homes reflect the history of their occupants and as families change over time, they often make modifications to their homes to accommodate new family members and changed circumstances. New additions are a continuum of this history. Compatible Addition to Historic Building This relationship of the form and massing of an addition to a historic house and to nearby historic structures is critical to maintaining the character of the district or area. New additions both horizontal and vertical - should reflect the character of the historic house in form, massing, size and materials. Required Whenever possible, new additions and alterations to structures should be done in such a manner that, if removed in the future, the essential form and integrity of the historic house and site would be unimpaired. Building Addition on a Narrow or Interior Lot A new addition should, if at all possible, be located at the rear of the historic structure. If this is not possible, the addition may be added to the side if it is recessed at least 18 inches from the historic building facade or a connection is used to separate old from new. Additions to historic structures should reflect and be compatible with the architectural style of the house. New additions should be designed in such a manner that it is clear that it is an addition and not a part of the original house; differentiation between the historic structure and the addition is desired. Additions should not replicate the historic house in exact detail. Building on a Corner Lot As a minimum, new additions may reflect the massing, roof shape, bay spacing, cornice lines and building materials of the house. New vertical additions should be set back from primary facades so as not to be readily apparent from the facing street. When replacing elements that were originally part of a historic structure, they should be replicated when evidence of the actual detail has been documented by photographs, drawings, or remaining physical evidence. If no evidence LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

290 exists, elements typical of the architectural style may be used. Historic photographs can often provide information on the original elements of the structure. Building Addition to a House with a Prominent Architectural Feature Vertical Addition to a House Addition Materials Horizontal wood siding (either novelty, tongue and groove, shiplap or equivalent); cementitous materials, brick, stone or stucco are appropriate exterior building finishes as appropriate for individual houses. For example, a side addition to a historic house with novelty siding should be clad with novelty siding but the use of similar, but simpler, wood trim and detailing is Required to differentiate the new from the historic. Building Addition on a Wide Lot Windows at Additions Windows in additions to historic houses may be compatible in size, shape, design and materials with the windows at the historic structure. It is Required that windows in an addition be simpler in design and pattern than the historic structure; for example, if the historic houses contains, 4/1 or 2/1 wood window, the new windows in the addition could be 1/1. If historic windows are wood, windows at the addition may be wood; aluminum or vinyl windows are not allowed. Insulated wood windows may be allowed in an addition. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

291 CHAPTER 3.13: NEW CONSTRUCTION Introduction Lancaster s historic residential neighborhoods reflect a series of architectural period s representative of Lancaster s development from the 1890 s to 1940 s. New buildings in Lancaster s historic neighborhoods have the responsibility of respecting the older neighborhood in which they are going to be built while still being true to their own era and needs of their owners. Old and new structures can reside successfully side by side Materials of New Construction It is important that new construction compliment the dwellings found in close proximity to the planned construction site. A design that may be appropriate in one block may not work for a different block. For example, a new dwelling compatible with one story Bungalows designs may not be appropriate next to a two story Queen Ann and vice versa. The general approach to new construction is for it to be compatible with adjacent dwellings so that it will blend in. Form/Shape - The form of new residential construction and its integration with the neighborhood is a significant issue to be considered. Form includes the size, shape, massing, details and materials of a new residence. The relationship of a structure s form to the neighborhood in which it is located or to adjacent historic structures is critical to maintaining the unique character of the neighborhood. Design - The design of new structures may incorporate key elements nearby historic structures or that are typical of the neighborhood, including massing, scale, fenestration, and materials. New residential construction should not be absolute reproductions, and should appear as clearly modern. Height - The height of the new house may relate to the height of nearby structures and other structures in the neighborhood. However, a very tall 2-story or a 3-story house would be out of scale with the neighborhood and therefore not appropriate. New structures that tower over existing structures should be avoided. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

292 New Construction Massing and Scale Building Elevations - The front and side elevations of the new house (as measured from the ground) of a new house and its front porch floor and porch roof should be similar to those of adjacent houses. New homes that are slab-on-grade construction often have porch levels that are only inches above the adjacent ground. However, most historic homes have pier and beam foundations, resulting in a first floor that may be 24 to 42 above the grade. When viewed side by side, these two houses will not be compatible from a massing and scale as the new house s porch and first floor is so different than those of the adjacent houses. Height of foundations should generally be similar to foundation heights in the area. While pier and beam foundations are still an appropriate and sound means of elevating the first floor, other methods to raise the first floor level can be considered (such as building perimeter foundation walls and using fill). The critical issue is a proportional one accomplished by raising the first floor height to two feet or more. Site Setbacks - New construction or additions at front or corner side yards may align with the typical existing setbacks of other historic structures along the block face. In addition, particular attention may be given to the setback of those structures on each side and the new construction may attempt to align with their setback lines where appropriate. Materials and Material Color If the new construction is clad with brick veneer, the brick should closely match typical mortar and brick color tones found in the historic district and along the block. White or light mortars provide too much contrast with typical dark brick colors and should be avoided. If the new construction is clad with wood, the preferred exterior material is wood or a material which is similar to original materials in the area like shingle, stucco, etc. The use of cementitious products or similar materials is allowed if it meets size recommendations and proper construction detailing of traditional siding materials. If wood siding is used, its exposure may reflect the LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

293 exposure of traditional wood siding such as novelty, or lapped siding. The details and textures of building materials should be applied in a manner consistent with traditional construction methods and compatible with surrounding structures. Imitation brick or stone, or gravel aggregate finishes are not allowed. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

294 CHAPTER 3.14: OUTBUILDINGS AND ACCESSORY BUILDINGS Introduction Outbuildings in Lancaster include a wide variety of building types, reflecting the town s unique history and heritage as a rural, farming community. Types of outbuildings include sheds, outhouses, garages and small barns as well as smaller metal work or storage sheds. Refer to the Lancaster Development Code for information regarding quantity and location of outbuildings and accessory buildings. Garage and Workshed Existing Outbuildings Traditionally these structures were important elements of a house in rural community. As these smaller structures tell us how an entire lot was historically organized and used, their preservation is strongly encouraged. Historically, materials used on exterior facades of outbuildings were often different than those of the main structure. The primary materials used were wood siding (both horizontal and board and batten) with metal or wood shingle roofs. These structures had simple gable or hip roofs. Storage Shed Recommendations Existing outhouses (toilets) are very rare and reflect life in the late 1800s and early 1900s in Lancaster prior to indoor plumbing. It is strongly encouraged that these be retained and repaired. Garage with Apartment Existing outbuildings should be retained in their historic condition, and protected against deterioration and neglect. Repairs to existing outbuildings should be made with historic materials such as stone, brick, wood and other materials as deemed appropriate New Outbuildings New outbuildings should follow the setback patterns of other outbuildings in the area. For garages, typical locations on the site are at the rear of the site, with a driveway leading to the garage. When located at a corner lot, garages typically faced the site street and were quite close to this street. Other types of outbuildings such as sheds and barns were located for utility on the site, and should be located in the rear portion of a residential lot. Historic Outhouse LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

295 Recommendations New outbuildings should be compatible in size, scale, proportion, spacing, texture, setbacks, height, materials, color and detail to adjacent or nearby buildings and streetscapes. Each type of outbuilding should have its own identity. However, they should read as secondary structures and not compete with the main structure in size or form Barns, sheds and other utilitarian buildings should reflect their use with roof forms and exterior materials which represent this unique building form. For example, a new barn structure should reflect its use as a barn and not attempt to reflect the materials or function of the house. New Garage The exterior materials of new outbuildings should reflect the use and function of the building and not that of the primary structure when the use is non-historic. For example, a new garage behind a residence should complement the house, and may use similar or the same materials. Materials used in the construction should be typical of common building materials, or structures of this type, age and location: wood siding (novelty, tongue and groove, shiplap or equivalent), stone or brick. Board and batten may be appropriate for use on outbuilding buildings. Exterior insulation finish systems, concrete block, wood shingles, fake brick or stone or gravel aggregate materials should not be used. Ramps or other accessibility-related installations should be located on the rear or side elevation of an outbuilding and in an unobtrusive location. If locating a ramp on the primary façade is required, it should be unobtrusive and installed to not damage the historic fabric. A new garage should typically have a low-pitched gable or hip roof, simple rectangular form, and little or no ornamentation at the doors or windows. When a house is one-story in height, the garage should also be one-story, and be of similar massing and height to nearby garages. The use of two single garage doors rather than one larger double door is Required. Two smaller doors will maintain the rhythm of older structures, making a two-car garage seem smaller and more compatible with the house. Spacing and size of window and door openings in a new outbuilding should be similar to their historic counterparts nearby, as should the proportion of window to wall space, without duplicating them. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

296 CHAPTER 3.15: LANDSCAPING Although approval of landscaping is not required through the Certificate of Appropriate process, this section includes information and suggestions that are compatible with historic properties, and is provided for information only. Introduction The landscape and plantings in Lancaster s residential historic areas vary from original landscapes that have remained largely unchanged since the historic house was built, to those landscapes that have gradually changed with the times and newer or modern landscapes and plantings. As the historic residences in Lancaster reflect a variety of structure types from rural houses to those that were built within town the landscapes and plants varied accordingly. Houses originally in rural locations typically had simple, plain yards with grass that surrounded the house and provided a separation between the house and the dirtier, working areas of the farm with such uses as chicken houses, livestock areas and fields. In the very early history of Lancaster, these yards might even have been brushed dirt. Gardens and flower beds were commonly located immediately adjacent to or in close proximity to the house. These flower beds cultivated flowers and herbs for the house and attracted bees for the beehives and honey. The nearby working gardens provided the fruits and vegetables that the family needed during the year. Example of Historic House with Trees in the Rear of the House and Lawn Facing the Public Street In Lancaster s developed areas, houses also had flowerbeds and gardens, with the flowerbeds providing ornamental flowers; while the gardens provided fruits and vegetables although not in the quantities found at rural houses. In addition to landscape and plantings included in this chapter, the landscape of a residence includes man-made features such as driveways, parking areas, sidewalks, fences, walls, swimming pools, children s play equipment, site lighting, etc. These features are addressed in later sections Landscape design For purposes of this section, landscaping is defined as the overall design of a yard or area. A house may have an overall landscape design that could consist of open lawns, shrubs to provide privacy from neighbors or screening from a busy road and planting beds of flowers, ground cover or herbs. Example of Historic Landscape with Grass Lawn Surrounding a House Plants or planting is defined as the individual plants that are grown within the landscape. Similar houses with a similar landscape design but with different plants will be quite different in character and even appearance. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

297 Just as the site and context of a historic house is critical to the character of the house and neighborhood, landscape design and plantings of a house are also important character-defining features and it is encouraged that this should be an integral part of the planning for a historic site. Recommendations The landscape design should reflect the historic landscape design appropriate for the historic house, and should enhance its surroundings. The landscape design of a historic house should also be appropriate to the surrounding neighborhood. Shrubs Used to Soften Landscape and Provide Privacy The landscape design should not obscure significant views of the historic house from public streets. All vacant sites may be cleared of debris, and planted with grass or turf. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

298 CHAPTER 3.16: FENCES AND SITE ELEMENTS Introduction to Fences As with other site elements, fences at historic properties vary in style and materials from historic twisted wire fences, open wood fences, fences with masonry bases and wood pickets to newer wood privacy fences in rear yards Historic Fences Historically fences served more uses than their modern counterparts. Historic fences separated the living areas of the yard from the working areas (rear yards) in developed as well as rural areas. Many residents in Lancaster kept chickens, horses and had gardens in their large back yards. Fences provided separation between these different uses in a yard and from adjacent properties. Fences between neighbors were typically open and low, and allowed visibility and access between adjacent properties. Historic fences often express the style, craftsmanship and status of a house and are an important aspect of the landscape of a historic house. Simple Wood Fence Decorative Wood Fence Property owners are encouraged to replicate historic fences that no longer exist, or to replace with a fence that reflects the historic fences design or one that is simpler in design and constructed of similar materials. Photographs may be used to determine the historic fence design. Recommendations: Original and historic wood or wire fences are important character-defining features of a historic house and should be preserved and maintained. Existing non-historic fences in a front yard should be replaced with a fence that reflects the design of the historic fence or one that is simpler in design. Elaborate Wood Fences should complement the Style of a Historic House Additions to historic fences should be carefully designed to complement and not visually overwhelm the historic fence New Fences In the 1950s the concept of privacy fences in residential neighborhoods began with the construction of 5 and 6 high wood fences. Such high, solid fences are now quite typical, even at historic properties and neighborhoods. New fencing that is appropriate for the type and style of house and its status within the community is encouraged. For example, LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

299 while it may be appropriate for a historic mansion to have a simple 6 wood privacy fence around their back yard, it would not be appropriate for a modest 1910s Arts and Craft Bungalow to have a 8 high fence with stone columns with decorative urns on top with infilled wrought iron fence with decorative fleur-de-lis metal caps. This fence would be more appropriate at the aforementioned historic mansion. Recommendations The side of the fence facing a street or alley should be finished. For properties located on a corner, corner side yard fences may be located in the rear 50% of the side yard and may not obscure projecting features of the historic house. A fence in a corner side yard located adjacent to a public right-of-way may be located a minimum of 2 from the inner edge of a public sidewalk, or 6 from the curb or edge of street where there is no curb. Simple Metal Fence Fences may be constructed of wood, twisted wire, and metal or other appropriate materials; these materials are consistent with the historic fence materials in Lancaster. Stone may only be used at fences or walls where stone is used elsewhere in the historic house or property. If used at a wall or fence, stone should be similar in size, pattern and color to that used elsewhere. Chain link fences may have a bottom and top rail, and should be galvanized or clad in green or black vinyl. Tops of new fences may be horizontal and stepped, scooped or arched as appropriate for the fence surfaces. Tops of fences should not be parallel to the grade where the grade is not level. New wood fences that are painted may be painted in colors and finishes appropriate to the style and period of the historic house, or stained gray or brown. Not required nor allowed Simple Wood Fence Appropriate for Rear Yard Fences should not obscure views from the public right-ofway to a historic structure. Chain link fences may be used at side and rear yards and should not exceed 4 in height. Chain link fences may not be used in the front yard. Decorative painting or murals applied to fence surfaces should not be visible from the public way. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

300 Fences should not exceed 8 in height at the rear property line or alley except for chain link fences (see Regulations for chain link fences). Fences at side yards or front-facing portion of front yards (and behind the front façade of the historic house) should not exceed 6 in height except for chain link fences (see Regulations for chain link fences). The following fence materials may not be used: Chain link with slat inserts. Concrete masonry units. Fences should not obscure the views to and vistas from a historic structure within the district. In addition, these features should be typical for structures of this type, age and location. Fence Locations Plastic or vinyl fences are discouraged. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

301 Introduction to Site Elements In addition to landscaping and planting discussed in the previous section, properties contain other man-made features or elements such as sidewalks, driveways, children s play equipment and backyard decks. These can affect the property s historic character and should be integral in planning for every historic house. Other site elements such as outbuildings, mechanical equipment and fences are addressed in other sections. Historic site elements should not be removed or rearranged. This is especially true for sidewalks, driveways and fences that define the property's historic value Sidewalks, Driveways and Parking Areas Sidewalk, front walks, drives or driveways were historically gravel, caliche, or concrete in later historic properties. While walks and drives to rural houses were typically curvilinear and often U-shaped, those at early historic homes (Folk or Vernacular, Victorian, Arts and Crafts and Tudor Revival style) were typically straight. However, those at later styles (Minimal Traditional and Ranch) were often curvilinear in form. Sidewalks were typically concrete; brick sidewalks were usually a later change. Off-street parking at historic houses, including those now with commercial uses should not be allowed in front or corner side yards. This is important to retain the historic character of a house and that of the neighborhood. Existing parking areas in such front yards should be screened per the following Regulations. Recommendations Sidewalks and front walks may be appropriate to the historic house in placement, material and form, and should be of brush-finished concrete. Brick at sidewalks or front walks may only be used where brick was historically used. Driveways may be appropriate to the historic house in placement, material and form, and should be of brushfinished concrete or gravel over an approved substrate. Brick may be used at driveways when determined to be appropriate. 'Ribbon' driveways are allowed and may be of concrete. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

302 Driveways should be located perpendicular to the street. Circular drives should not be allowed in front or corner side yards unless the historic drive was circular. Locate new driveways and sidewalks so that the topography of the property is maintained and significant landscape features such as trees are maintained. Protect mature trees and other landscape features from new construction. Existing parking areas at houses located adjacent to streets and sidewalks should be screened to the height of car hoods. This will provide continuity of the building facade line and will screen unsightly views of vehicles. Screening at Parking Areas Site Elements in Rear Yards: Decks, Swimming Pools, Children s Play Equipment, Tennis Courts, Etc. Site elements such as decks, swimming pools, children s play equipment, tennis courts and other site elements in a rear yard are desirable for modern lifestyles and should be compatible with the historic character of the house and property. However, consideration in the placement and height of such elements should be given with respect to adjacent properties and visibility from the public street Historic Site Elements Historic site elements such as hitching posts, water pumps and wells that remain in their original location are quite unique. These elements are often the only remaining resource that reminds us of common tools and elements that were used daily in the history of Lancaster s residents. These historic elements may be preserved and maintained in place. Historic Carriage Steps LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

303 Service Areas and Satellite Dishes Service areas such as exterior work areas or permanent garbage holding areas should not be located in front or corner side yards. They should be screened so that they are not visible from the public street and should be screened from adjacent residential properties. Satellite dishes should not be located in the front yard or a corner side yard. They should not be clearly visible from street Other Site Landscape Elements Other site landscape elements such as retaining walls, site lighting and other exterior elements should be appropriate and enhance the historic house. Existing historic retaining walls and other site elements should be preserved and maintained. Low, stone retaining walls are encouraged in side and rear yards. Exposed concrete is acceptable for retaining walls at property lines. Historic Retaining Wall at Property Line LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

304 CHAPTER 3.17: MECHANICAL EQUIPMENT Introduction Mechanical equipment and accessories such as condensers, window air conditioning units, roof vents and turbines, gas and electric meters are necessary components of modern houses. However, if not thoughtfully considered before installing, these can have an adverse effect on the character of a historic house Mechanical Equipment Mechanical equipment that is mounted in yards such as condensing units or evaporative coolers should be located in the side or rear yard, and not visible from the public street. For existing equipment that is visible from the street, screen should be provided. Screening can be shrubbery or a low fence. It is encouraged that window air-conditioners not be installed in windows on the front façade or windows on the side facades that are near the front of the house and visible from the public street Roof Vents, Turbines, Skylights, and Other Equipment Roof vents, turbines, skylights and other roof-mounted equipment should be located on the rear side of the house, such that these are not visible from the public street. If this is not possible, or for existing elements, they should be painted the same color as the roofing material so they are less obtrusive Utility Meters While a necessity of modern houses, meters that are wall mounted (such as electrical meters or telephone service) in prominent locations on a historic house adversely affects the character of the house. It is encouraged that these not be mounted on the front façade, but should be mounted on side or rear facades and in a non-prominent location or weather proof electrical enclosure box. Wall and Shrubbery Screen Condensers at Side Yard Gas meters are typically mounted above grade and should be located in the rear or side yard. These also should not be located in the front yard or in the front areas of a side yard such that they are visible from the public street. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

305 CHAPTER 3.18: DEMOLITION Any proposed demolition of a structure or portion of a structure (such as a porch, wing of a structure) in a Historic Preservation Overlay District or Site require that a Certificate of Appropriateness (COA) be issued by the City before any proposed demolition work can begin. Property owners are required to file a completed COA application to the HLPC for ALL proposed demolition. This includes historic and non-historic structures or portions of such structures, whether or not a building permit is also necessary. As noted in the Certificate of Appropriateness Process section above, COA applications must be submitted to the City with documentation (such as photographs, drawings, written specifications, and other information) sufficient to illustrate the proposed demolition and its impact on the property. It is strongly encouraged that when partial demolition is proposed in conjunction with new construction, that the COA address both the demolition and associated new work. Please note that other City of Lancaster permits for demolition are required. Refer to the Certificate of Appropriateness Process section above for information and requirements of the COA process. It is required that that owners planning demolition to such structures or sites should first consult with the staff of the Planning Division, City of Lancaster. In all cases, City of Lancaster professional staff with preservation, construction and architectural design expertise are available, at no cost, to assist with design choices. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /

306 APPENDIX A: TERMS AND DEFINITIONS The following terms are used throughout these Design Regulations: ADDITION means construction that increases the size of the original structure by structure or building outside of the existing walls and/or roof. Additions can be either horizontal or vertical. ALLEY means a walkway or roadway between adjacent buildings or rows of buildings leading to the rear, providing secondary access to a building. ALTERATION means an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including but not limited to the erection, construction, reconstruction, or removal of any structure or appurtenance. MAJOR ALTERATION means an alteration, which affects the historic, cultural, or architectural integrity, interpretability, or character of a building, structure, site or district. Generally includes the kind of work which is normally done with the aid of a professional drafter or professional quality plans. MINOR ALTERATION means an alteration, which does not significantly affect the historic, cultural, or architectural integrity, interpretability, or character or a building, structure, site or district. Generally includes the kind of work, which is normally done without the aid of a professional drafter or professional quality plans. APPROPRIATE means typical of the historic architectural style, compatible with the character of the historic district, and consistent with these preservation criteria. ARCHITECTURAL STYLE means a category of architecture of similar structures or buildings distinguished by similar characteristics of construction, design, materials, etc. Typical styles in Round Rock include Vernacular, Classical Revival, Craftsman, Queen Anne, Palladian and Mission. AWNING means a roof-like cover extending over a window or door, intended to provide the pedestrian protection against sun, rain and wind. Awnings are usually made of soft canvas or other fabric and may be fixed or adjustable. BOARD AND BATTEN means a type of wall cladding for wood frame houses where applied boards are closely spaced, usually placed vertically, the joints of which are covered by narrow wood strips. BRIDGE means a structure that spans over a depression or waterway; typically carries a transportation way such as a footpath, road or railway. CANOPY means a projecting roof structure that shelters an entrance to a structure. CERTIFICATE OF APPROVAL means a certificate required by Lancaster s HLPC when there is a proposal for any construction, reconstruction, alteration, restoration or relocation. CHARACTER-DEFINING means those architectural materials and features of a building that define the historic nature or character of the building. Such elements may include the form of the structure or building, exterior cladding, roof materials, door and window design, exterior features such as canopies and porches, exterior and interior trim, etc. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /A-

307 COMMITTEE means the Historic Landmark Preservation Committee of the City of Lancaster. COMPATIBLE means a design or use that maintains the historical appearance of a structure or building and does not require irreversible alteration. CONTRIBUTING BUILDING/STRUCTURE/SITE means a building, structure or site that retains its essential architectural integrity of design and whose architectural style is typical of or integral to a historic district. A contributing building, structure or site is not necessarily "historic" (50 years old or older). A contributing structure or building may lack individual distinction but may add to the historic district's status as a significant and distinguishable sociocultural entity. CONSTRUCTION means the act or business of building a structure or part of a structure. CORNERSIDE FACADE means a facade facing a side street. CORNERSIDE FENCE means a fence adjacent to a side street. CORNERSIDE YARD means a side yard abutting a street. CORNICE means a horizontal projecting band that caps an architectural composition. COPING means a protective cap, top or cover of a wall or parapet, often of stone, terra cotta, concrete, metal or wood. This may be flat, but commonly is sloping to shed water. DEMOLITION means an act or process that destroys or razes a structure or its appurtenances in part or in whole, or permanently impairs its structural integrity, Including its ruin by neglect of necessary maintenance and repairs. DIRECTOR means the Director of the Development Services Department or the Director's representative. DISPLAY WINDOW means a large area of glass within the storefront opening. The display window is used to show merchandise and provide a means of interaction between the public outside and the business inside. DISTRICT means a historic district within the City of Lancaster. ENTRANCE AREA means the point of entry into the storefront, traditionally recessed to provide additional window display, weather protection, and protection from the outward swing of a door. Made up of the following components: door, transom window (above the door), sidelights or display windows, floor area. ENTRY means a door, gate or passage used to enter a structure or building. ERECT means to attach, build, draw, fasten, fix, hang, maintain, paint, place, suspend, or otherwise construct. FAÇADE means any exterior faces or elevations of a building. FASCIA means a flat horizontal member or molding with little projection. FENCE means a structure or hedgerow that provides a physical barrier, including a fence gate. FENESTRATION means the proportion and size of window and door openings and the rhythm and order in which they are arranged. HEIGHT means the vertical distance from the average grade level to the average level of the roof. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /A-

308 HISTORIC means mentioned, celebrated or having influence in history. HISTORIC BUILDING or structure means a building famous because of its association with a historic event or with the history of a locality. In these Design Regulations, particular reference is to a landmark of the City of Lancaster. HISTORIC DISTRICT means a definable geographic area that contains a number of related historic structures, features, or objects united by past events or aesthetically by plan or physical development and that has been designated on a local, state or National Register of Historic Places. In these Design Regulations, particular reference is to a historic district of the City of Lancaster. INFILL CONSTRUCTION means construction on property between or adjacent to an existing structure or buildings. INTEGRITY means a measure of the authenticity of a property s historic identity, evidenced by the survival of physical characteristics that existed during the property s historic period in comparison with its unaltered state. INTERIOR SIDE FACADE means a facade not facing a street or alley. INTERIOR SIDE FENCE means a fence not adjacent to a street or alley. INTERIOR SIDE YARD means a side yard not abutting a street or alley. KICKPLATE means the solid panels (usually wood) below the display window. The kick plate provides the base support for the display window frame. LANDSCAPE means the whole of the exterior environment of a site, district, or region, including landforms, trees and plants. LOT means a surveyed parcel of land that fronts on a public street, especially of a size to accommodate an individual structure or building. LINTEL means a horizontal structural element (usually a steel beam covered by masonry), which spans the storefront opening and supports the upper portion of the facade wall above it. Also defines the upper boundary of the storefront. MAIN BUILDING or structure means the primary historic building in an individual historic site. MINOR EXTERIOR ALTERATIONS means those alterations that are determined to be minor and can be reviewed by staff instead of the Historic Landmark Preservation Committee. MODIFY or MODIFICATION means to make changes to an existing structure. MORTAR means the material used to fill the joints of masonry. MORTAR JOINT means masonry joint between masonry units, such as brick or stone, filled with mortar to transfer the load, provide a bond between the units and keep out the weather. MORTAR MIX means the chemical composition of the mortar used in masonry. MOVING means the relocation of a structure on its site or to another site. NATURAL FEATURES means features or elements of the exterior environment that is substantially unaltered by human activity. NEW CONSTRUCTION means the act of adding to an existing structure or erecting LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /A-

309 a new principal or accessory structure or appurtenances to a structure, including but not limited to structures or buildings, extensions, outbuildings, fire escapes and retaining walls. NON-CONTRIBUTING BUILDING/ STRUCTURE/SITE means a building, structure or site, which detracts from the visual integrity or interpretability of a historic district. ORDINARY MAINTENANCE AND REPAIR means work meant to remedy damage to deterioration of a structure or its appurtenances, which will involve no change in materials, dimensions, design, configuration, color, texture or visual appearance. ORNAMENTATION means any decorative objects, which are used to increase the beauty of the facade. OUTBUILDING means a structure, such as an outhouse, gazebos, barns, stables or other structure or building that supports the function of the principal building on the site and that is subordinate to this principal building. PARAPET means the part of an exterior wall, which extends entirely above the roof. PARKING LOT means an area on the ground surface used for parking vehicles; this may be paved or unpaved. PARKING STRUCTURE means a structure (building), which houses parked vehicles. PORCH means a covered and floored area of a building, especially a house that is open at the front and usually, the sides. PRESERVATION means the act or process of applying measures necessary to sustain the existing form, integrity and materials of a historic property. PROPORTION means the dimensional relationship between one part of a structure or appurtenance and another. Facade proportions involve relationships such as height to width, the percent of the facade given to window and door openings, the size of these openings, and floor-to-ceiling heights. Often described as a ratio, proportions may be vertical (taller than wide), horizontal (wider than tall), or non-directional (equally tall and wide). PROTECTED means an architectural or landscaping feature that must be retained and maintain its historic appearance, as near as practical, in all aspects. REAL ESTATE SIGN means a sign that advertises the sale or lease of an interest in real property. RECONSTRUCTION means the act or process of duplicating the original structure, building form and materials by means of new construction. REHABILITATION means the act or process of making possible a compatible use for a property thru repair, alterations and additions while preserving those portions or features, which conveys its historical, cultural or architectural values. RENOVATION means the act or process of repairing and/or changing an existing building for new use, or to make it functional; may involve replacement of minor parts. REPAIR means fixing a deteriorated part of a building, structure or object, including mechanical or electrical systems or equipment, so that it is functional; may involve replacement of minor parts. REPLACEMENT means to interchange a deteriorated element of a building, structure or object with a new one that matches the original element. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /A-

310 REPOINTING means repairing existing masonry joints by removing defective mortar and installing new mortar. RESTORATION means the act or process of accurately depicting the form, features and character of a project as it appeared at a particular period of time. RIGHT OF WAY means the land used for a transportation corridor, such as a street, alley or railroad; typically owned by the government. SCALE means the relative proportion of a structure or building to neighboring buildings, or of a building to a pedestrian observer. SERIF means a type of typeface (or font) with a fine line projecting from a main stroke of a letter; commonly used serif fonts include Times Roman, Baskerville and Bookman. Sans serif means a typeface without such projections. SETBACK means the horizontal distance between a structure's vertical planes and a reference line, usually the property line. SIGN means any display of letters, numbers, pictures or other symbols upon a building, structure or other object for the purpose of attracting attention to a building, structure, property or the goods or services offered therein. A sign may include all parts of which it is composed, including the frame, background and lighting. As used herein, sign does not include any sign located inside a building, not intended to be seen from the building s exterior. The sign is one of the most important components on the façade because it is the first perception of the business image. SILL means the horizontal bottom member of a window frame or other frame. SITE means the land on which a structure or building or other feature is located. SOFFIT means the exposed undersurface of any overhead component of a building, such as an arch, balcony, beam, cornice, or roof overhang. STOREFRONT means a ground level façade of a commercial structure or building with display windows with minimal mullions or columns; often this had a recessed entrance. Storefronts were typically provided at retail establishments. STOREFRONT COLUMN means slender vertical elements within the storefront opening that help support the lintel. STORY means the space between two floors of a structure, or between a floor and roof. STREETFRONT means the environment encompassing a street or road within one block, and includes structures or buildings, landscaping, street furniture and signage. STRUCTURE means anything constructed or erected, which requires permanent or temporary location on the ground or attachment to something having a location on the ground, including but not limited to buildings, gazebos, billboards, outbuildings, and swimming pools. TRANSOM means a glass panel above a horizontal frame bar (transom bar) atop a display window or door, used to allow greater light into the store interior. UPPER FAÇADE means the mostly solid part of the wall above the display window. May be a plain surface on a one-story structure or building, or contain rows of windows defining the number and location of floors in a multi-story structure or building. May include decorative bands or patterns. Usually presents the largest LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /A-

311 surface of color on the building, since the first floor is mostly glass. VISIBILITY FROM A PUBLIC WAY means able to be seen from any public right-of-way, or other place, whether privately or publicly owned, upon which the public is regularly allowed or invited to be. WALL means a structure or hedgerow that provides a physical barrier, typically constructed of a solid material such as stone or rock. LANCASTER HISTORIC RESIDENTIAL DESIGN DESIGN REGULATIONS /A-

312 APPENDIX B: NATIONAL PARK SERVICE PRESERVATION BRIEFS Preservation Briefs are easy-to read publications with guidance on preserving, rehabilitating and restoring historic buildings and are written with the building owner and non-professional in mind. These publications assist owners and developers of historic buildings in recognizing and resolving common preservation and repair problems prior to work. The briefs are especially useful to preservation tax incentive program applicants because they recommend those methods and approaches for rehabilitating historic buildings that are consistent with their historic character. These Preservation Briefs are published by the Technical Preservation Services, National Park Service, U.S. Department of the Interior; these can be downloaded (at no cost) in color from the National Park Service website: Black and white copies are available for purchase from the U.S. Government Printing Office from their website at: or by phone at 1/ Preservation Brief 1: The Cleaning and Waterproofing Coating of Masonry Buildings Preservation Brief 2: Re-pointing Mortar Joints in Historic Masonry Buildings Preservation Brief 3: Conserving Energy in Historic Buildings Preservation Brief 4: Roofing for Historic Buildings Preservation Brief 5: The Preservation of Historic Adobe Buildings Preservation Brief 6: Dangers of Abrasive Cleaning to Historic Buildings Preservation Brief 7: The Preservation of Historic Glazed Architectural Terra Cotta Preservation Brief 8: Aluminum and Vinyl Siding on Historic Buildings Preservation Brief 9: The Repair of Historic Wooden Windows Preservation Brief 10: Exterior Paint Problems on Historic Woodwork Preservation Brief 11: Rehabilitation of Historic Storefronts Preservation Brief 12: The Preservation of Historic Pigmented Structural Glass Preservation Brief 13: The Repair and Thermal Upgrading of Historic Steel Windows Preservation Brief 14: New Exterior Additions to Historic Buildings Preservation Brief 15: Preservation of Historic Concrete Preservation Brief 16: The Use of Substitute Materials on Historic Building Exteriors Preservation Brief 17: Architectural Character Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character. LANCASTER HISTORIC RESIDENTIAL DESIGN NPS PRESERVATION BRIEFS / C-97

313 Preservation Brief 18: Rehabilitation Interiors in Historic Buildings Preservation Brief 19: The Repair and Replacement of Historic Wooden Shingle Roofs Preservation Brief 20: The Preservation of Historic Barns Preservation Brief 21: Repairing Historic Flat Plaster Walls and Ceilings Preservation Brief 22: The Preservation and Repair of Historic Stucco Preservation Brief 23: Preserving Historic Ornamental Plaster Preservation Brief 24: Heating, Ventilation and Cooling Historic Buildings Preservation Brief 25: The Preservation of Historic Signs Preservation Brief 26: The Preservation and Repair of Historic Log Buildings Preservation Brief 27: The Maintenance and Repair of Architectural Cast Iron Preservation Brief 28: Painting Historic Interiors Preservation Brief 29: The Repair, Replacement and Maintenance of Historic Slate Roofs Preservation Brief 34: Applied Decoration for Historic Interiors Preservation Brief 35: Understanding Old Buildings Preservation Brief 36: Protecting Cultural Landscapes Preservation Brief 37: Appropriate Methods of Reducing Lead-Paint Hazards Preservation Brief 38: Removing Graffiti from Historic Masonry Preservation Brief 39: Holding the Line: Controlling Unwanted Moisture Preservation Brief 40: Preserving Historic Ceramic Tile Floors Preservation Brief 41: The Seismic Retrofit of Historic Buildings Preservation Brief 42: The Maintenance, Repair and Replacement of Historic Cast Stone Preservation 43: The Preparation and Use of Historic Structure Reports Preservation Brief 44: The Use of Awnings on Historic Buildings: Repair, Replacement and New Design. Preservation Brief 30: The Preservation and Repair of Historic Clay Tile Roofs Preservation Brief 31: Mothballing Historic Structures. Preservation Brief 32: Making Historic Properties Accessible. Preservation Brief 33: The Preservation and Repair of Historic Stained and Leaded Glass LANCASTER HISTORIC RESIDENTIAL DESIGN NPS PRESERVATION BRIEFS / C-98

314 APPENDIX C: RESOURCES AND BIBLIOGRAPHY GENERAL RESOURCES Bucher, Ward ed., Dictionary of Building Preservation, Preservation Press, John Wiley & Sons, Inc., New York, NY Harris, Cyril M. Illustrated Dictionary of Historic Architecture. Dover Publications, Inc., New York, Historic Landmark Preservation Committee, Lancaster, Texas Historic District Regulations and Policies. City of Lancaster, Texas, Louisville Landmarks Commission Design Regulations, Louisville, Kentucky McAlester, Virginia and Lee, A Field Guide to American Houses, Alfred A. Knopf, New York, Prentice, Helaine Kaplan, Rehab Right. City of Oakland Planning Department, Oakland, California Preservation Criteria: Historic Landmarks & Historic Districts, City of Grapevine, Texas, Prototype Preservation Criteria, City of Dallas, Texas, Preservation Briefs; published by Technical Preservation Services Division, National Park Service, U.S. Department of the Interior. Texas Historical Commission, Resource Team Report for Lancaster, Texas. Texas Main Street Program, Weeks, Kay D. The Secretary of the Interior s Standards for the Treatment of Historic Properties with Regulations for Preserving, Rehabilitation, Restoring & Reconstructing Historic Buildings. United States Department of the Interior, National Park Service, Washington DC 1995 MAGAZINES AND PERIODICALS American Bungalow 123 S. Baldwin Ave, Pasadena, CA, USA Ph: 800/ American Woodworker 33 East Minor St, Emmaus, PA. USA Ph: 215/ , LANCASTER HISTORIC RESIDENTIAL DESIGN RESOURCES / D-99

315 Architecture BPI Communications, 1515 Broadway, New York, NY Ph: Architecture Record McGraw Hill Company, 1221 Avenues of the Americas, New York NY Ph: 877/ Bulletins of the Association for Preservation Technology Lincoln Avenue, Suite 213, Lisle, Illinois Ph: 630/ Old House Journal 2 Main St., Gloucester, MA. Ph: 508/ Old House Interiors 2 Main St., Gloucester, MA. Ph: 508/ Period Homes Style South Main St, Lambertville, NJ Ph: 609/ This Old House Period Homes Preservation National Trust for Historic Preservation, 1785 Massachusetts Avenue NW, Washington DC Ph: 800/ Traditional Building 69A Seventh Avenue, Brooklyn, NY Ph: 718/ INTERNET RESOURCES AND ORGANIZATIONS American with Disabilities Act Information American Institute of Architects American Society of Landscape Architects LANCASTER HISTORIC RESIDENTIAL DESIGN RESOURCES / D-100

316 Association for Preservation Technology International Heritage Preservation Services Historic American Buildings Survey/Historic American Engineering Record Internet Resources for Heritage Conservation, Historic Preservation and Archeology National Center for Preservation Technology and Training National Park Service National Register of Historic Places National Trust for Historic Preservation National Trust s Main Street Program Old House Network (Old House Journal, Old House Interiors) Secretary of the Interior s Standards for the Treatment of Historic Properties www2.cr.nps.gov/tps/secstan2 Technical Preservation Services (NPS) www2.cr.nps.gov/tps/index Texas Historical Commission Traditional Building: The Professional s Source for Historic Products LANCASTER HISTORIC RESIDENTIAL DESIGN RESOURCES / D-101

317 APPENDIX D: CERTIFICATE OF APPRIATENESS (COA) FORM AND HISTORIC PRESERVATION OVERLAY (HPO) DISTRICT MAP CERTIFICATE OF APPROPRIATENESS FORM (3 pages) LANCASTER HISTORIC RESIDENTIAL DESIGN COA FORM / E-102

318 LANCASTER HISTORIC RESIDENTIAL DESIGN COA FORM / E-103

319 LANCASTER HISTORIC RESIDENTIAL DESIGN COA FORM / E-104

320 HISTORIC PRESERVATION OVERLAY (HPO) DISTRICT MAP LANCASTER HISTORIC RESIDENTIAL DESIGN COA FORM / E-105