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Z-04-04-08-9D4 - 4/8/2004ORDINANCE NO. Z- O -©4-Qv " _l of AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 23.01 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT MF (MULTI -FAMILY). WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone 23.01 acres of land, out of the George W. Glasscock Survey, Abstract No. 267 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A", attached hereto and incorporated herein, as District MF (Multi -family), and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 14th day of January, 2004, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the property described in Exhibit "A" be zoned as District MF (Multi -family), and WHEREAS, on the 8th day of April, 2004, after proper notification, the City Council held a public hearing on the requested amendment, and ?PFDesktop\::ODMANORLL,DX/0:/WDOX/ORDINANC/04040817A .WPD/sc WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District MF (Multi -family). II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was 2 open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this u day of , 2004. Alternative 2. READ and APPROVED on first reading this the day of , 2004. READ, APPROVED and ADOPTED on second reading this the day of , 2004. ATTEST: W , Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 3 M. Timm Development Inc. 23.01 Acre Tract Old Settler's Blvd. & F.M. 1460 Round Rock, Texas Page 1 of 2 EXHIBIT "A" DESCRIPTION BEING A 23.01 ACRE TRACT LAND SITUATED WITHIN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267 AND BEING PART OF A CALLED 93.74 ACRE TRACT OF LAND CONVEYED TO ARDALIA E. MARTIN IN A DEED RECORDED IN VOLUME 2571, PAGE 0709 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a found %s iron rod being the southerly southwest corner of the remainder of the said 93.74 acre tract lying on the north line of Old Settler's Boulevard, a variable width public right of way; THENCE N 68° 54' 43" E a distance of 341.48 feet along the southerly line of the said 93.74 acre tract with the north line of Old Settler's Boulevard to a found 'h inch iron rod; THENCE through the interior of the said 93.74 acre tract, N 21° 49' 44" W a distance of 386.08 feet to a calculated point being the POINT OF BEGININING; THENCE continuing through the interior of the said 93.74 acre tract, the following seven (7) courses: 1) N 21° 49' 44" W a distance of 196.50 feet to a found 1/2 inch iron rod; 2) N 68° 09' 25" E a distance of 384.72 feet to a found 1/2 inch iron rod; 3) N 21° 53' 36" W a distance of 475.51 feet to a found capped iron rod stamped "RPLS #2218"; 4) N 21° 45' 48" W a distance of 536.45 feet to a found %s inch iron rod; 5) N 36° 38' 53" E a distance of 99.92 feet to a found % inch iron rod; 6) N 18° 35' 43" W a distance of 130.12 feet to a found capped iron rod stamped "RPLS #2218", and 7) N 71° 03' 45" E a distance of 63.66 feet to a found 1/2 inch iron rod being the southwesterly comer of a called 1.30 acre tract of land conveyed to James Franzetti and Ardalia E. Martin in a deed recorded in Document Number 2000069853 of the D.R.W.C.T.; THENCE N 76° 46' 15" E with the common line between the said 1.30 acre and 93.74 acre tracts, a distance of 130.35 feet to a found 1/4 inch iron rod; THENCE N 65° 54' 11" E continuing with the common line between the said 93.74 acre and 1.30 acre tract, and with the common line between the said 93.74 acre tract and a called 2.05 acre tract of land conveyed to Todd Wayne Frank in a deed recorded in Document Number 2000080601 of the D.R.W.C.T. a distance of 350.69 feet to a found '/z inch iron rod being the northeast comer of the said 25.01 acre and 93.74 acre tracts and lying on the west line of the Rudolph Wallin Estate, being the remainder of a 160.64 acre tract as recorded in Volume 450, Page 114, D.R.W.C.T.; THENCE S 21° 48' 26" E with the common line between the said Wallin tract and the 93.74 acre tracts, a distance of 1279.45 feet to a found capped iron rod stamped "RPLS #2218"; THENCE, through the said 93.74 acre tract, the following six (6) courses: 1) S 54° 57' 26" W a distance of 128.28 feet to a found capped iron rod stamped "RPLS #2218"; 2) S 60° 47' 50" W a distance of 96.48 feet to a found capped iron rod stamped "RPLS #2218"; 3) S 440 04' 50" W a distance of 159.86 feet to a found capped iron rod stamped "RPLS #2218"; 4) S 340 10' 08" W a distance of 159.29 feet to a found capped iron rod stamped "RPLS #2218"; 5) S 17° 53' 24" W a distance of 213.26 feet to a found capped iron rod stamped "RPLS #2218". and M. Timm Development Inc. 23.01 Acre Tract Old Settler's Blvd. & F.M. 1460 Round Rock, Texas Page 2 of 2 6) S 17° 55' 43" W a distance of 171.69 feet to a found ''/2" iron rod on the southerly line of the remainder of the said 93.74 acre tract and the northerly line of Old Settler's Boulevard; THENCE S 68° 54' 33" W with the southerly line of the remainder of the said 93.74 acre tract and the northerly line of Old Settler's Boulevard a distance of 208.27 feet to a calculated point; THENCE through the interior of the said 93.74 acre tract N 21° 05' 17" W, a distance of 30.85 feet to point of curvature; THENCE continuing through the interior of the 93.74 acre tract along a curve to the right having radius of 140.00 feet, an interior angle of 65° 13' 36", a chord bearing N 11° 31' 31" E and a distance of 150.91 feet; for an arc distance of 15938 feet to a point of tangency; THENCE N 44° 08' 19" E a distance of 112.40 feet to point of curvature; THENCE continuing through the interior of the 93.74 acre tract along a said curve to the left having radius of 155.00 feet, an interior angle of 25° 50' 36", a chord bearing of N 31° 13' 01" E and a distance of 69.32 feet; for an arc distance of 69.91 feet to a point of tangency; THENCE N 18° 17' 43" E a distance of 186.61 feet to a calculated point; THENCE S 68° 09' 25" W a distance of 428.51 feet to the POINT OF BEGINNING and containing 23.01 acres of land, more or less. Bearings shown hereon are referenced to grid north for the Texas State Plane Coordinate System, Central Zone NAD 83/93 HARN per GPS survey performed during May, 1997. SURVEYOR'S CERTIFICATION THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. WILLIAM A. FORSHEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5097 BAKER-AICKLEN & ASSOCIATES, INC. 203 E. MAIN STREET, SUITE 201 ROUND ROCK, TEXAS 78664 (512) 244-9620 W:\PROJECTS\TIMM DEVELOPMENT 25 AC TR\DOC\23.01 acre metes and bounds - legal size.doc 1369-2-001-10 DATE ....... A. FOR S+ 5097 rtif (q;�°D �s5�o�o t \u4 0 GEO. ARDALIA E. MARTIN \ 2571/709 REM, OF 93. 74 AC 6` `s m �\ o a5Z. ,I \rA \ 5 EDWARD D. QUICK, et al 4O i DOC 2000008734 ( 27. 057 AC) Ppc SKETCH TO ACCOMPANY DESCRIPTION OF 23.0 ACRE PORTION OF 93.74 ACRE TRACT OF LAND CONVEYED TO ARDALIA E. MARTIN INA DEED RECORDED IN VOLUME 2571, PAGE 0709 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS DATE: SEP TEMBER 4, 2003 JOB NO.: 1369-2-001-10 BY: W FORSHEY W: \PROJECTS\T,MM DEVELOPMENT 25 AC TR\DWG\23.0 or zoning .nop.dwg [Layout-23oc) September 04. 2003 - 4,4/pm BAKER-AICKLEN 9 ASSOCIATES. INC. ENGINEERS/SURVEYORS Martin Tract 2 - 23.01 acres Original to MF (Multi -Family) District DATE: April 2, 2004 SUBJECT: City Council Meeting - April 8, 2004 ITEM: 9.D.4. Consider an ordinance adopting original zoning of District MF (Multi -family) for 23.01 acres out of the George W. Glasscock Survey. (A.E. Martin tract) (First Reading) Department: Planning Staff Person: Justification: Jim Stendebach, Planning Director This development will allow continuation of the residential uses in the surrounding area. Funding: Cost: N/A Source of funds: N/A Outside Resources: Background Information: Public Comment: A. E. Martin, owner This tract is located north of Old Settlers Blvd. and west of F.M. 1460. This tract is part of the 93acre A.E. Martin tract. The proposed land use complies with the General Plan 2000. On January 14, 2004 the Planning and Zoning recommended adoption of original MF (Multi -family) zoning. Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance.