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Z-04-04-08-9D5 - 4/8/2004ORDINANCE NO. Z.` Gil_ 014-(08--q D5 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 5.26 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-1 (GENERAL COMMERCIAL). 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 5.26 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 C-1 (General Commercial), 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 C-1 (General Commercial), and WHEREAS, on the 8th day of April, 2004, after proper notification, the City Council held a public hearing on the requested amendment, and 9PFDesktop\::ODMAiWORLDOX/0:/WDOX/ORDINANC/040408D5.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 C-1 (General Commercial). 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 4 - 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: R. Y Z LL, ayo City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 3 M. Timm Development Inc. 5.26 Acre Tract• Old Settler's Blvd. & F.M. 1460 Round Rock, Texas Page 1 of 2 EXHIBIT "A" DESCRIPTION BEING A 5.26 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: BEGINNING at a found '/z iron rod being the intersection of the current north line of F.M. 1460, a 125 foot public right of way in this location with the north line of Old Settler's Boulevard, a variable width public right of way; THENCE S 68° 52' 17" W along the south line of the 5.26 acre tract and the south line of the remainder of the said 93.74 acre tract with the north line of Old Settler's Boulevard, a distance of 523.80 feet to a found Y2 inch iron rod; THENCE through the interior of the said 93.74 acre tract, the following six (6) courses: 1) N 17° 55' 43" E a distance of 171.69 feet to a found capped iron rod stamped "RPLS #2218"; 2) N 17° 53' 24" E a distance of 213.26 feet to a found capped iron rod stamped "RPLS #2218"; 3) N 34° 10' 08" E a distance of 159.29 feet to a found capped iron rod stamped "RPLS #2218"; 4) N 44° 04' 50" E a distance of 159.86 feet to a found capped iron rod stamped "RPLS #2218"; 5) N 60° 47' 50" E a distance of 96.48 feet to a found capped iron rod stamped "RPLS #2218", and N 54° 57' 26" E a distance of 128.28 feet to a found capped iron rod stamped "RPLS #2218" being the northeast corner of the said 5.26 acre and lying on the common line between the said 93.74 acre tract and 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° 52' 05" E with the common line between the said Wallin tract and the 93.74 acre tracts, a distance of 319.68 feet to a foundl/2 inch iron rod lying on the north right of way of said F.M. 1460; THENCE S 29 °12' 38" W along the south line of the said 93.74 and 5.26 acre tracts to the intersection of the current north line of F.M. 1460 with the north line of Old Settler's Boulevard, a distance of 284.33 feet to the POINT OF BEGINNING and containing 5.26 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. M. Timm Development Inc. 5.26 Acre Tract• Old Settler's Blvd. & F.M. 1460 Round Rock, Texas Page 2 of 2 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\5.26 acre metes and bounds - legal size.doc 1369-2-001-10 DATE SKETCH TO ACCOMPANY DESCRIPTION OF 5.26 ACRE PORTION OF 93.74 ACRE TRACT OF LAND CONVEYED TO ARDALIA E. MARTIN INA DEED RECORDED 1N VOLUME 2571, PAGE 0709 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS SCALE: 1" = 200' ARDALIA E. MARTIN 2571/709 REM. OF 93. 74 AC/ X00 PROPERTY OWNERS WITHIN 300 FEET OF 5.26 ACRE TRACT 1. Rudolph Wallin 3500 FM 1460 Round Rock, TX 78664 2. Rudolph Wallin 3500 FM 1460 Round Rock, TX 78664 3. Christian -Pork Central Joint Venture 2401 Kiphen Rood Round Rock, TX 78664 4 Comco Lond Ltd. Attn: J. David Trotter 1016 MoPoc Cir. Ste. 102 Austin, TX 78746-6610 5 Comco Lond Ltd. Attn: J. Dovid Trotter 1016 MoPoc Cir. Ste. 102 Austin, TX 78746-6610 6. Round Rock Agope Housing, Inc. 601 Howord Street Son Antonio, TX 78212 7. Meadows of Chondler Creek M.U.D. Attn: Phil Hoag 100 Congress Avenue, Ste. 800 Austin, TX 78701 DA TE: SEPTEMBER 4, 2003 JOB NO.: 1369-2-001-10 BY: W FORSHEY 5:‘ BAKER-AICKLEN & ASSOCIATES. INC. ENGINEERS/SURVEYORS W:\PROJECTS\0144 DEVELOPMENT 25 AC TR\D*O\5.26 or zoning mop.thrg (Loloul-6ocJ September 04, 2003 - 6:44pm Matin Tract 3 - 5.26 acres Original to C-1 (General Commercial) District DATE: April 2, 2004 SUBJECT: City Council Meeting - April 8, 2004 ITEM: 9.D.5. Consider an ordinance adopting original zoning of District C-1 (General Commercial) for 5.26 acres out of the George W. Glasscock Survey. (A.E. Martin tract) (First Reading) Department: Planning Staff Person: Jim Stendebach, Planning Director Justification: The location of this proposed general commercial will support the needs of the existing and future residential development. Funding: Cost: N/A Source of funds: N/A Outside Resources: Background Information: Public Comment: A. E. Martin, owner This tract is located on the northwest corner of Old Settlers Blvd. and 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 Commission recommended adoption of the original C-1 (General Commercial) zoning. Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance.