Z-08-08-28-8A1 - 8/28/2008ORDINANCE NO. ' - o o-' o (
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
REZONE 11.0 ACRES OF LAND, OUT OF THE DAVID CURRY
SURVEY, ABSTRACT NO. 130 AND THE JACOB M. HARRELL
SURVEY, ABSTRACT NO. 284, IN ROUND ROCK, WILLIAMSON
COUNTY, TEXAS, FROM DISTRICT SF -1 (SINGLE FAMILY -
LARGE LOT) AND DISTRICT SF -2 (SINGLE FAMILY - STANDARD
LOT) TO DISTRICT OF (OFFICE).
WHEREAS, an application has been made to the City Council
of the City of Round Rock, Texas to amend the Official Zoning
Map to rezone 11.0 acres of land, out of the David Curry Survey,
Abstract No. 130 and the Jacob M. Harrell Survey, Abstract No.
284, in Round Rock, Williamson County, Texas, being more fully
described in Exhibit "A" attached hereto, from District SF -1
(Single Family - Large Lot) and District SF -2 (Single Family -
Standard Lot) to District OF (Office), 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 23rd day of July
2008, 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
0:\WDOX\ORDINANC\080828A1.DOC/rmc
property described in Exhibit "A" be zoned as District OF
(Office), and
WHEREAS, on the 28th day of August, 2008, after proper
notification, the City Council held a public hearing on the
requested amendment, and
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 CITY 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 OF (Office).
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
2
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 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 41= day
of
, 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
ATTEST:
07/04AA
SARA L. WHITE, City Secretary
")(1/1,4
ALAN''MCGRAW, Mayor
City of Round Rock, Texas
3
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
OF A 11.00 ACRE TRACT OF LAND
LOCATED IN THE
DAVID CURRY SURVEY, ABSTRACT NO. 130 &
THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284,
IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS
BEING A 11.00 ACRE TRACT OF LAND LOCATED IN THE DAVID CURRY SURVEY,
ABSTRACT NO. 130 & THE JACOB M. HARRELL SURVEY, ABSTRACT NO. 284, AND BEING
SITUATED IN THE CITY OF ROUND ROCK, WILLIAMSON COUNTY, TEXAS; SAID 11.00
ACRE TRACT BEING COMPRISED OF THE REMAINING PORTION OF THAT CERTAIN
CALLED 10.87 ACRE TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY DEED TO
LOEECHOL LAVONN KURTZ AND LADONNA LOIS BOGDANY (FORMERLY LADONNA LOIS
HEATON), CO -TRUSTEES FOR THE KURTZ FAMILY TRUST, FILED JANUARY 25, 2005, AND
RECORDED IN DOCUMENT NO. 2005006089, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.) AND ALL OF THAT CERTAIN CALLED 0.48
ACRE TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO AUGUST KURTZ, FILED
FEBRUARY 2, 1976, AND RECORDED IN VOLUME 627, PAGE 451, DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.); SAID 11.00 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a 1/2 -inch iron rod found marking the northernmost corner of the herein described
tract, same being the easternmost corner of that certain called 1.81 acre tract of land described in
a Special Warranty Deed to Mary Frances Rutledge, filed March 28, 1991, and recorded in
Volume 1998, Page 688, Official Records of Williamson County, Texas (O.R.W.C.T.), said point
also being on the southwesterly right-of-way (R.O.W.) line of Sam Bass Road — also known as
County Road 175 (a variable width R.O.W.);
THENCE, with the common southwesterly R.O.W. line of said Sam Bass Road and the
northeasterly line of said 10.87 acre remainder tract, the following three (3) calls:
1) South 41 degrees 00 minutes 00 seconds East, a distance of 479.18 feet to a
calculated point for corner of the herein described tract;
2) South 33 degrees 02 minutes 48 seconds East, a distance of 470.26 feet to a 9 -inch
elm tree found (10.87 acre deed call — "small forked Elm at a bend in the road") for
corner of the herein described tract;
3) South 39 degrees 27 minutes 26 seconds East, a distance of 117.69 feet to a 1/2 -
inch iron rod with aluminum cap found marking the common easternmost corner of
said 10.87 acre remainder tract and the northernmost corner of that certain called
4,663 square feet (s.f.) tract of land described in a Special Warranty Deed And
Assignment to Brushy Creek Municipal Utility District, filed March 3, 2004, and
recorded in Document No. 2004016444, O.P.R.W.C.T.;
THENCE, South 67 degrees 54 minutes 10 seconds West, departing the southwesterly R.O.W.
line of said Sam Bass Road, and with the common southeasterly line of said 10.87 acre
remainder tract and the northwesterly line of said 4,663 s.f. tract, a distance of 109.42 feet to a
1/2 -inch iron rod found marking the common westernmost corner of said 4,663 s.f. tract and an
exterior corner of that certain called 5.89 acre tract of land described in a Warranty Deed to Faith
Page 1 of 4
Exhibit "A"
Metes and Bounds for 11.00 acre tract (continued)
Missionary Baptist Church, filed October 16, 1996, and recorded in Document No. 9655326,
O.R.W.C.T.;
THENCE, with the common line of said 10.87 acre remainder tract and said 5.89 acre tract, the
following three (3) calls:
1) South 67 degrees 14 minutes 14 seconds West, a distance of 353.92 feet to a 1/2 -
inch iron rod found for the southernmost corner of the herein described tract;
2) North 37 degrees 28 minutes 40 seconds West, a distance of 122.33 feet to a 1/2 -
inch iron rod found for an interior corner of the herein described tract;
3) South 69 degrees 37 minutes 33 seconds West, at a distance of 101.45 feet passing
a 1/2 -inch iron rod found, continuing in all a total distance of 185.36 feet to a
calculated point in the approximate center of Brushy Creek for corner of the herein
described tract;
THENCE, North 35 degrees 25 minutes
Brushy Creek, a distance of 507.93 feet
herein described tract;
THENCE, North 69 degrees 16 minutes
distance of 275.29 feet to a 60d nail in
corner of said 10.87 acre remainder tract
tract;
19 seconds West, with the approximate center of said
to a calculated point for the westernmost corner of the
30 seconds East, generally along a wire fence line, a
a wood fence post found marking a common interior
and the most southerly southeast corner said 1.81 acre
THENCE, North 20 degrees 46 minutes 04 seconds West, with the common line of said 10.87
acre remainder tract and said 1.81 acre tract, a distance of 71.93 feet to a 1/2 -inch iron rod with
aluminum cap stamped "Baker-Aicklen" found for corner of the herein described tract, said point
also marking the southwest corner of said 0.48 acre tract;
THENCE, North 02 degrees 49 minutes 29 seconds East, with the common east line of said 1.81
acre tract and the west line of said 0.48 acre tract, a distance of 350.68 feet to a 1-3/4 inch bolt
found for corner of the herein described tract, same marking an interior corner of said 1.81 acre
tract and the northernmost corner of said 0.48 acre tract;
THENCE, North 49 degrees 57 minutes 33 seconds East, with the common southeasterly line of
said 1.81 acre tract and the most northerly northwest line of said 10.87 acre remainder tract, a
distance of 98.57 feet to the POINT OF BEGINNING of the herein described tract, delineating
and encompassing within the metes recited 11.00 acres of land, more or less, based on the field
survey and drawing made in June of 2008 by The Wallace Group, Inc., Round Rock, Texas.
Basis of Bearings are referenced to the southwesterly right-of-way line of Sam Bass Road -
County Road 175 as described in the General Warranty Deed to Loeechol Lavonn Kurtz &
Ladonna Lois Bogdany, Co -trustees for The Kurtz Family Trust, recorded in Document No.
2005006089, Official Public Records of Williamson County, Texas.
Page 2 of 4
Exhibit "A"
Metes and Bounds for 11.00 acre tract (continued)
An exhibit drawing of even survey date herewith accompanies this metes & bounds description.
I, Daniel M. Flaherty, Registered Professional Land Surveyor No. 5004, State of Texas, do
hereby certify that this metes and bounds description and exhibit drawing A-4296 were prepared
from an actual survey of the property performed on the ground and that the same is true and
correct.
Daniel M. Flaherty, R. • .S. No. 5004
The Wallace Group, Inc.
Old Town Square
One Chisholm Trail, Suite 130
Round Rock, Texas 78681
Ph. (512) 248-0065
See attached plat A-4296
21536-FN01.doc
Page 3 of 4
06-24-2008
Date
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EXHIBIT "A"
DRAWING TO ACCOMPANY METES AND BOUNDS DESCRIPTION OF A 11.00 ACRE TRACT
LOCATED IN THE DAVID CURRY SURVEY, ABSTRACT NO. 130 AND THE JACOB M. HARRELL SURVEY,
ABSTRACT NO. 284, CITY OF ROUND ROCIC WILLIAMSON COUNTY, TEXAS
JAMES
y
CALLED 0.78 ACRE 5� o
E. NALCOX & FRANCES V. WILCO ma..
TRUSTEES OF THE JAMES E. & .�
FRANCESVOL 2 25 PG w� TRUST
O.R.W.C.T. •o N
FILED: JUNE 28, 1993 N 4957:33" E 9*\
98.57' / vs.
Ry SURVEY
CAAgSTRp'CT Na 130
... /
v.
\ BRASS DISC IN CONCRETE
STAMPED BM" FOUND
uk
tit
mac.,
3_I
BOGDANY N-----
TRUST CR.
/
2ga S 6754'1O" W
109.42'
/ /
/
i
9" ELM TREE FOUND
S 3927'26" E
11Z69'
1/2" IRON ROD KITH
ALUM/NUM CAP FOUND
\
CREEK MUNICIPAL
DISTRICT
401664 i
3, 2004 L SERVE
RRE�
gg$TRACT Na 284
FIELD NOTE
POINT OF
BEGINNING
.
m f `•q0C,
s� \ `9
0,v� "�p" 4
�'� �0
�yc
s/
0.48 ACRE
KURTZ
627, PG. 451
2, 1976
WOOD
FOUND
10.87 ACRES
& LADONNA LOIS
KURTZ FAMILY
25, 2005
130
G1 %0 4
gSTRA_RAGT
AgST
N 3728'40-
W 122.33'•
CALLED
FAITH MISSIONARY
FILED:
1-3/4"
3FOUND BOLTN\ �GtiFs `'�
/ h \\ y�`�Ta�
CALLED 1.81 ACRES I \
MARY FRANCES 688 GE \ W
VOL. 1998, PG.C. 688
O.R.W.C.T. *0)\
FILED: MARCH 28, 1991 N \
1/2" IRON ROD WITH :1- ch \\
ALUMINUM CAP N
STAMPED "BAKER-AICKLEN FOUND ALLED
AUGUST
VOL
D.R.W.C.T.
N 20'46'04" W / - / FILED: FEBRUARY
71.93' /
960D NL IN
-•'6 30" E FENCE POST
69V.
N 11.00 ACRES
REMAINDER OF CALLED
LOEECHOL LAVONN KURTZ
Z CO—TRUSTEES FOR THE
uL DOC. #2005006089
ts1 t3 0.P.R.W.C.T.
"�� % FILED: JANUARY
�' `
"25 `rw
Xei tel .i°u� R\/EY, Y
RY SU SORVE
pig) GU gRREI-I- 101 45'
Dog M. N
W
14" W BRUSHY
s 6 353 92 DOC#
0.P.R.W.C.T.
5.89 ACRES FILED: MARCH
BAPTIST CHURCH
OCTO6ER 16DOC# 6 1996 JAC
TION 63.91' "
,
LOCK PPR0 OGAT �N JAG 5 6 5 36UTILITY
AROX
APP
NOTES:
1. THIS DRAWING IS ACCOMPANIED BY A METES AND BOUNDS DESCRIPTION.
2. BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTHWESTERLY
RIGHT-OF-WAY UNE OF SAM BASS ROAD (COUNTY ROAD 175) AS DESCRIBED O.R.W.C.T.
IN THE DEED TO LOEECHOL LAVONN KURTZ & LADONNA LOIS BOGDANY.
CO -TRUSTEES FOR THE KURTZ FAMILY TRUST, RECORDED IN DOCUMENT NO. 0.P.R.W.C.T.
2005006089, 0.P.R.W.C.T. D.R.W.C.T.
LEGEND
• = 1/2` IRON ROD FOUND (UNLESS OTHERWISE NOTED)
A = CALCULATED CORNER
= OFFICIAL RECORDS OF WILUAMSON COUNTY, TEXAS.
= OFFICIAL PUBUC RECORDS OF WILUAMSON COUNTY, TEXAS.
= DEED RECORDS OF WWAMSON COUNTY, TEXAS.
The Wallace Group, Inc.
Dallas • Killeen • Round Rock • Waco
One Chisholm Trail, Suite 130, Round Rock, Texas 78681
Ph. (512) 248-0065 Fax (512) 246-0359
,
1 �E OF ?5
Q' ••6\S TF••• +
1�; e * '9<<:°•."57 Nk
1 '
DANIEL M. FLAHERTY 1/4
, <:A 5004 . /
-V \° ?' 01
ti�•FFss\� 'y0�
s "
4 OF 4
I
THIS
SURVEYS
HEREBY STATE THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF THAT
PLAT AND THE SURVEY UPON WHICH IT IS BASED MEETS THE REQUIREMENTS FOR LAND
IN THE STATE OF TEXAS. THIS THE 24TH DAY OF JUNE 2008.
SURVEYED: 5-30-08 ._. , L /- / ri
DANIEL M. FLAHER , R. .L. . .. . • %4
SCALE
0 200 PLAT NO A-4296 aRAF' DATE 06-24-08 DRAWN MJM
BY
21536 RR 105/27
WORK ORDER NO. FIELDBOOK/PG TAB # A-4296
0 2008 ALL RIGHTS RESERVED DIGITAL FILE 21536—SURVEY.DWG F/N # 21536—FN01
DATE: August 21, 2008
SUBJECT: City Council Meeting — August 28, 2008
ITEM: 8A1. Consider an ordinance rezoning 11.0 acres of land located on the
southwest side of Sam Bass Road between Somerset Drive and Meadows
Drive locate from the SF -1 (Single Family — Large Lot) zoning district and
SF -2 (Single Family — Standard Lot) zoning districts to the OF (Office)
zoning district. (Kurtz Tract) (First Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Clyde, von Rosenberg, Senior Planner
Justification:
OF (Office) is a suitable zoning district for this tract due to its location and development
constraints. The site is located between Sam Bass Road and Brushy Creek and it is bisected by a
100 foot wide overhead electric line easement and a drainage easement.
The OF district allows only office, medical office (non -emergency) and day care (7,000 square
foot maximum) uses and requires substantial setbacks and landscape buffering adjacent to
residential areas.
While it is not a use specifically listed in the General Plan 2000, Office is compatible with
residential districts.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The Planning and Zoning Commission recommended approval of the proposed zoning at their
July 23, 2008 meeting.
Public Comment:
Public notice was posted and a public hearing was held in accordance with the City of Round
Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on July 23, 2008.