Z-94-11-22-9B - 11/22/1994 (2)ORDINANCE NO. Z- q y - 1 1- as - RQ
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE
11.761 ACRES OF LAND OUT OF THE J.M. HARRELL LEAGUE,
ABSTRACT 284, IN ROUND ROCK, WILLIAMSON COUNTY,
TEXAS, FROM DISTRICT SF -2 (SINGLE FAMILY -STANDARD LOT)
TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 18.
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 the property described in Exhibit "A", attached hereto and
incorporated herein, from District SF -2 (Single Family -Standard
Lot) to District Planned Unit Development (PUD) No. 18, 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 9th day of November,
1994, 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 zoning
classification of the property described in Exhibit "A" be changed
to District PUD No. 18, and
KS/ORDINANCE
OR41111.1
Alternative 2.
READ and APPROVED on first reading this the day of
, 1994.
READ, APPROVED and ADOPTED on second reading this the
day of , 1994.
ATTEST:
min& 4froL,
E LAND, City Secretary
1
CHARLES CULPE PE Mayor
City of Round Roc , Texas
4.
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1990 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
2.
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand -delivery to the address of the other party shown
below:
OWNER
The Old Settlers Association
of Williamson County
P.O. Box 395
Round Rock, Texas 78680
5.10 Effective Date.
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1990
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code".
3.
2. PROPERTY
This Development Plan ("Plan") covers 11.761 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A",
attached hereto.
3. PURPOSE
The purpose of this Plan is to insure a Planned Unit
Development ("PUD") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
structures, the immediate neighboring properties or interfere
with their development or use in accordance with any existing
zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5. PERMITTED USES
5.1 GENERAL USE
The permitted use of the Property shall be as a family
entertainment center to be constructed in four phases.
5.2 Phase One
The permitted uses of Phase One include the construction
of a 3,600 square foot gameroom, clubhouse and concession
building, two 18 hole miniature golf courses, a seven
station batting cage, a maintenance shed and parking for
110 vehicles, all of the above being depicted on the
preliminary site plan attached hereto and incorporated
herein as Exhibit "C". Additionally, the existing
baseball field shall remain as a baseball field, and one
4.
of the two miniature golf courses shall be covered to
shield players from direct sun and rain.
5.3 Phase Two
The permitted uses of Phase Two include the construction
of a 1,500 square foot party room and play area, a 3,000
square foot open pavilion, two volleyball courts, two
horseshoe pits, and parking as required in Section Ten
below.
5.3 Phase Three
The permitted uses of Phase Three include the
construction of a bumper boat ride and the upgrading of
the existing Brent -Bustin Memorial baseball field, said
upgrading to include renovations to the existing restroom
and concession stand, reinstallation of bleachers, re-
establishment of bleachers and lighting upgrades. The
existing parking area shall be relocated as stated in
Section 10.5, below.
5.4 Phase Four
The permitted uses of Phase Four include the construction
of an 18 hole theme miniature golf course and parking as
required in Section Ten, below.
6. HEIGHT REQUIREMENTS
All structures shall consist of a one-story construction not
to exceed thirty (30') feet in height. The only exception
shall be the netting for the batting cage and the ballfield
lights, which shall not exceed fifty (50') feet in height.
7. LANDSCAPING
The Owner shall apply for an alternative landscape plan
pursuant to Section 3.1104(9) of the Code. The Owner shall be
responsible for the maintenance of all landscape improvements
and irrigation systems.
7.1 Site Landscaping
The alternative landscaping plan shall include the
retention of existing trees as shown on Exhibit "C", with
the exception of two trees which shall be relocated to
the island areas in the parking lot depicted in Exhibit
"C". Indigenous plants including trees, hedges and
flowering plants shall be added from the northern most
edge of the PUD to the southern edge of the parking lot
depicted in Exhibit "C". The park area, south of the
parking lot as depicted in Exhibit "C", shall not require
any additional foliage and shall be designed around the
existing oak trees.
5.
7.2 Chisolm Trail Landscaping
The landscaping along Chisolm Trail shall provide a
sufficient buffer between Chisolm Trail and the PUD. All
existing trees shall remain intact and be maintained by
the Owners. Low shrubs shall be added along the base of
the fence described in Section 9, below.
8. ENTRANCES
There shall be three entrances into the PUD, the first being
the existing entrance to Brent -Bustin Memorial Park, and the
second and third entrances to be as depicted in Exhibit "C".
9. FENCING
9.1 Fence Construction Around Miniature Golf Area
A dark brown fence shall be constructed around the
perimeter of the entire miniature golf area as depicted
in Exhibit "C". Said fence shall consist of two
horizontal tubular rails, with each rail being one and
one-half inches (1-1\2") in diameter, the lowest rail
being one and one-half feet (1-1\2') in height and the
highest rail being three feet (3') in height.
9.2 Fence Construction around the Bumper Boat Pool Area
A four foot (4") wrought iron security fence shall be
installed around the perimeter of the bumper boat pool
area as depicted in Exhibit "C". This fence shall be
designed to prevent unauthorized personnel from entering
the pool area.
10. PARKING
10.1 Phase One Parking
Phase One shall provide a total of seventy (70) parking
spaces, as depicted in Exhibit "C". Unless stated
otherwise in this Plan or as directed by the Director of
Planning and Community Development, all aspects of
parking for all phases shall comply with Section 9.1800
of the Code.
10.2 Phase Two Parking
Phase Two shall provide a total of forty-six (46) parking
spaces.
10.3 Phase Three Parking
Phase Three shall provide a total of ten (10) parking
spaces.
6.
10.4 Phase Four Parking
Phase Four shall provide a total of eighteen (18) parking
spaces.
10.5 Overflow Parking
The existing baseball field at Brent -Bustin Memorial Park
has adequate unpaved gravel parking available. Phase
Three shall require that this parking facility be
relocated to the southwest corner of the PUD, into an
area approved by the Director of Planning and Community
Development. Number 5 ballast crushed limestone shall be
utilized as the surface of this parking area. This
relocated parking area shall not exceed the size of the
existing parking area. The existing parking area shall be
covered with grass after the relocation.
11.0 SIDEWALKS
The Owner shall construct either a hike/bike walkway or
a sidewalk from the northern tip of the PUD to the main
parking area, as depicted in Exhibit "C". The walkway or
sidewalk shall be a minimum of forty-eight inches (48") wide
with an all-weather surface and the design and construction
shall be approved by the Director of Planning and Community
Development prior to the issuance of a certificate of
occupancy. The hike/bike walkway or sidewalk may be
constructed within either the PUD or the Chisolm Trail right-
of-way. If a non -concrete sidewalk is constructed within the
Chisolm Trail right-of-way, the Owner shall enter into a
license agreement with the City prior to construction,
accepting full responsibility for the maintenance of the
sidewalk.
12.0 TEMPORARY STRUCTURES
No temporary structures, mobile homes or trailers, abandoned
motor vehicles, or any shack, barn or other outbuilding not
otherwise shown on Exhibit "C" shall be erected or permitted
to remain on the PUD after occupancy of the PUD.
13.0 LIGHTING
All light fixtures shall be oriented facing west to east, or
mounted horizontally with the light focused towards the
ground.
13.1 Miniature Golf Course Lighting
All putting greens shall be illuminated by eight foot
(8') fluorescent fixtures (with two standard 75 watt
lamps), mounted horizontally on poles between eleven and
twelve feet above the playing surface.
7.
13.2 Batting Cage Lighting
The batting cage area shall be illuminated by 400 watt
Metal Halide floodlights, or its equivalent, mounted on
poles approximately fifteen feet (15') above ground
level. These light fixtures shall face east, and shall be
aimed at the ground in the batting cage.
13.3 Bumper Boat Lighting
The bumper boat area as depicted on Exhibit "C" shall be
illuminated by 150 watt Metal Halide floodlights, or
their equivalent.
13.4 Parking Lot Lighting
The parking lot as depicted in Exhibit "C" shall be
illuminated by 400 wl,tt high pressure sodium fixtures
mounted horizontally poles approximately thirty feet
(30') above the parkiLg surface.
14.0 ARCHITECTURE
White limestone shall be .tilized for all masonry for all
structures within the PUD.
15.0 DEDICATION
The Brent -Bustin Memorial Field is the current name of the
existing ballfield and this name shall remain unchanged.
CITY OF ROUND ROCK
By:
Charles Cul -.e,•,.er, Mayor
Date: /1-•
THE OLD SETTLERS ASSOCIATION
OF WILLIAMSON COUNTY, TEXAS
By:
Its:
(3 -x s --t('2
Date: /2 9 r'�
8.
Exhibit A
FIEia NOTES
EXHIBIT "A" TO THE
DEVELOPMENT PLAN
PUD No. 18
BEING 11.7592 acres of land out of the J. M. HARREIL LEAGUE, ABSTRACT NO. 284,
WILLIAMSON COUNTY, TEXAS, and being all of that certain tract of land
described as "Tract 3" in a deed to the Old Settlers Association recorded in
Volume 442, Page 449, Deed Records of Williamson Count and
certain tract of Land described in a deed to the Old Settlers Associationt
recorded in Volume 258, Page 276, Deed Records of Williamson County, and
more particularly described by metes and bounds as follows, to wit:BEGINNING being
at an iron rod set at the most northerly corner hereof at the
intersection of the east line of Chisholm Trail and the west line of the
Georgetown Railroad, road , sa iron rod being the most northerly turner of "Tract
3" described in Volume 442, Page 449, Deed Records of Williamson Count
, and
from which an iron rod found at the southeast corner of Lot 1, The Cantons
subdivision of record filed in Cabinet G, Slide 81, Plat Records of Williamson
County, bears N 350- 48' 06" W a distance of 59.61 feet, and the northwest
corner of Lot 3, Market at Round Rock, a suhivision of record filed in
Cabinet H, Slide 187, Plat Records of Williamson County, bears S 81° 26' 21" E
a distance of 112.02 feet;
THENCE with the west line of said Georgetown Railroad, the following described
three (3) courses and distances:
1) S 18° 26' 36" E a distance of 298.27 feet to an iron rod found;
2) An arc distance of 449.95 feet with a curve to the left, said curVe having
a central angle of 4' 27' 38", a radius of 5779.70 feet, tangents of
225.09 feet, a chord distance of 449.84 feet, and a chord bearing of
S 20°, 40' 06" E to an iron rod set, and;
3) S 22* 53' 56" E a distance of 683.82 feet to the southeast corner hereof
in the centerline of Lake geek, from which an iron rod found bears
N 22' 53' 56" W a distance of 176.18 feet;
THENCE with the south line hereof, said south line being along the centerline
of Lake Creek and with the north line of Lot 1, Round Rock West Section Three
(Revised), a subdivision of record filed in Cabinet C, Slide 173, Plat Records
of Williamson County, the following described two (2) courses and distances:
1) S 69* 41' 41" W a distance of 440.19 feet, and;
2) S 81° 34' 42" W a distance of 200.22 feet to the southwest corner hereof,
said southwest corner also being the southeast corner of that certain 2.91
acre tract of land described in a deed to Good Hope Missionary Baptist
Church recorded in Volume 141, Page 118, Deed Records of Williamson Co.,
and from which an iron rod found bears N 11' 28' 19" E a distance of
129.56 feet;
and fzx which an iron rod found bears N 11' 28' 19" E a distance of
129.56 feet;
THENCE N 11" 28' 19" E n distance of 512.88 feet to an iron rod found at the
northeast corner of said church tract, from which an iron rod found
N 82' 30' 31" W a distance of 2.30 feet; bears
THENCE N 82' 30' 31" W a distance of 231.01 feet with the north line of said
church tract to an iron rod found in the east line of Chisholm Trail;
THENCE N 11" 53' 55" E a distance of 835.14 feet with the east line of
Chisholm Trail to an iron rod found;
THENCE N. 15" 39' 46" E a distance of 172.29 feet with the east line of
Chisholm Trail to the Place of Beginning, containing 11.7592 acres of land,
subject to easements, conditions or restrictions of record, if any.
COALTER & ASSOCIATES, SURVEYORS
Stan Coalter- , RPLS, LSLS
10-25-94
OCT 26 '94 10:24
5122558211 PAGE.001
EXHIBIT "B"
TO THE AGREEMENT
REGARDING DEVELOPMENT PLAN
FOR PUD NO. 18
STATE OF TEXAS
COUNTY OF WILLIAMSON
LIENHOLDERS' CONSENT
Know all men by these presents that the Old Settlers
Association of Williamson County, being the holder of a Deed of
Trust on the lands described in Exhibit "A" of the Agreement
Regarding Development Plan for PUD No. 18, which Deed of Trust is
recorded in Volume 442, page 449 and part of that certain tract of
land described in Volume 258, page 276 of the Official Records of
Williamson County, do hereby consent to the said Agreement, and the
recording of this Agreement in the Official Records of Williamson
County.
Witness my hand this day of /72= 1994.
OLD SETTLERS ASSOCIATION OF
WILLIAMSON COUNTY
STATE OF TEXAS
COUNTY OF WILLIAMSON
By: F -
J hn E. Moore, esident
This instrument was acknowledged before me on the day of
1994, by John E. Moore, President of the Old
ettlers Association of Williamson County on behalf of said
association.
KS/ROUNDROCK
LIENHOLD.1
Notary Publ
Printed Na
My Commission Expires:
Exhibit 'IC " ---
Site Plan
I ;
/7 ..
EXHIBIT "C" TO THE
DEVELOPMENT PLAN
PUD No. 18
1
I I
1
I
1
i I
1
RECORDED
DOCUMENT
FOLLOWS
uai.2652eecE0498
THE STATE OF TEXAS
COUNTY OF WILLIAMSON * DOC# 9460219
CITY OF ROUND ROCK
*
I, JOANNE LAND, Assistant City Manager/City Secretary of the City of
Round Rock, Texas, do hereby certify that the above and foregoing is a true
and correct copy of an ordinance passed and adopted by the City Cou cil of
the City of Round Rock, Texas, at a meeting held on the day of
19 9 `I which is
recorded in the minutes of the City of
Round Rock in Book 3A .
CERR)TIFIED by my hand and seal of the City of Round Rock, Texas on
this 1 1 `" dayof
19
J
awyLu hon.ob
NNE LAND,
Assistant City Manager/
City Secretary
voi. 2652PA6E0499
ORDINANCE NO. Z- q LI - I 1 - as - qQ
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1990 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE
11.761 ACRES OF LAND OUT OF THE J.M. HARRELL LEAGUE,
ABSTRACT 284, IN ROUND ROCK, WILLIAMSON COUNTY,
TEXAS, FROM DISTRICT SF -2 (SINGLE FAMILY -STANDARD LOT)
TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 18.
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 the property described in Exhibit "A", attached hereto and
incorporated herein, from District SF -2 (Single Family -Standard
Lot) to District Planned Unit Development (PUD) No. 18, 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 9th day of November,
1994, 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 zoning
classification of the property described in Exhibit "A" be changed
to District PUD No. 18, and
KS/ORDINANCE
0R41111.1
:VOl:2652PpGEO500
WHEREAS, on the 22nd day of November, 1994, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council has determined that substantial
changes in conditions have occurred which justify the zoning
classification change provided for herein, 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, Code of Ordinances (1990 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, THAT:
I .
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 18 meets the following goals and objectives:
(1) The development in PUD No. 18 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No . 18 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 18 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 18 will be adequately provisioned by essential
public facilities and services including streets,
2.
v L 2652aacE0501
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 18 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
II.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1990 Edition), City of Round Rock, Texas, is
hereby amended so that the zoning classification of the property
described in Exhibit "A" be changed to District Planned Unit
Development (PUD) No. 18, and that the Mayor is hereby authorized
and directed to enter into the Agreement regarding the Development
Plan for PUD No. 18, attached hereto and incorporated herein as
Exhibit "B", which agreement shall govern the development and use
of said property.
III .
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.
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.
of
READ, PASSED, and ADOPTED on first reading this Ooi tut, da
Y
, 1994.
3.
v i. 2652PAGE 0 5 0 2
Alternative 2.
READ and APPROVED on first reading this the day of
, 1994.
READ, APPROVED and ADOPTED on second reading this the
day of , 1994.
ATTEST:
7yUYLQJ idAscL
E LAND, City Secretary
i
CHARLES CULPE ,, PE / Mayor
City of Round Roc , Texas
4.
Exhibit A
FIELD NOTES
von. 2652pAGE0503
EXHIBIT "A" TO THE
ORDINANCE
PUD No. 18
BEING 11.7592 acres of land out of the J. M. HARRELL,
W LIAMSON COMITY, TEXAS, and being all of that �tain tract o, ABSTRACT . lan,
nd
described as "Tract 3" in a deed to the Old Settlers Association recorded
Volume 442, Page 449, peed Records of Williamson in
certain tract of land described in a deed to the Old tSettlerand s of thatio
recorded in Volume 258, Page 276, Deed Records of Williamson Countya dieting
being
more particularly described by metes and bounds as follows, to wit:
BEM:MING at an iron rod set at the most northerly corner hereof at the
intersection of the east line of Chishola Trail and the west line of the
Georgetown Railroad, road , said iron rod being the most northerly "Tract
3" descri in VOlume 442, Page 449, Deed Records of Williamson County, and
from which an iron rod found at the southeast corner of Lot 1, The Commons, a
subdivision of record filed in Cabinet G, Slide 81, Plat Records of Williamson
County, bears N 35' 48' 06" W a distance of 59.61 feet, and the northwest
corner of Lot 3, Market at Round Rock, a subdivision of record filed in
Cabinet r, Slide 187, Plat Records of Williamson County, bears S 81° 26' 21" E
a distance of 112.02 feet;
THENCE with the west line of said Georgetown Railroad, the following described
three (3) courses and distances:
1)
S 18° 26' 36" E a distance of 298.27 feet to an iron rod found;
2) An arc distance of 449.95 feet with a curve
a central angle of 4' 27' 38", a radius
225.09 feet, a chord distance of 449.84
S 20° 40' 06" E to an iron rod 5et, and;
to the left, said curve having
of 5779.70 feet, tangents of
feet, and a chord bearing of
3) S 22'` 53' 56" E a distance of 683.82 feet to the southeast corner hereof
in the centerline of Lake Creek, fromwhich an iron rod found bears
N 22° 53' 56" W a distance of 176.18 feet;
THENCE with the south line hereof, said south line being along the centerline
of Lake Creek and with the north line of Lot 1, Round Rock West Section Three
(Revised), a subdivision of record filed in Cabinet C, Slide 173, Plat Records
of williamson Qrnty, the following described two (2) courses and distances:
1) S 69* 41' 41" W a distance of 440.19 feet, and;
2) S 81° 34' 42" W a distance of 200.22 feet to the southwest corner hereof,
said southwest corner also being the southeast corner of that certain 2.91
acre tract of land described in a deed to Good Hope Missionary Baptist
Church recorded in Volume 141, Page 118, Deed Records of Williamson Co.,
and from which an iron rod found bears N 11° 28' 19" E a distance of
129.56 feet;
and from which an iron rod found bears N 114 28' 19' E a distance of
129.56 feet;
ITHENCE N 11" 28' 19" E a distance of 512.88 feet to an iron rod found at the
'ill northeast corner of said church tract, from which an iron rod found
bears
CZ) N 82, 30' 31" W a distance of 2.30 feet;
LnT�CE N 82" 30' 31" W a distance of � church tract to an ironrod found in the 231.01 feet with the north line of said
a east line of Chisholm Trail;
cl"'THENCE N 11'' 53' 55" E a distance of 835.14 feet with the east line
Chisholm Trail to an iron rod found; of
in
THENCE N' 15" 39' 46" E a distance of 172.29 feet with the
Chisholm email east line of
to the Place of
subject to Beginning, containing 11.7592 acres of land,
CD
7 easements, conditions or restrictions of record, if any.
oLTER & ASSOCIATES, sumnoms
Stan Coalter, RPLS, LSLS
10-25-94
OCT 26 '94 10:24
5122558211 PAGE.001
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
v0l.2652PasE0505
AGREEMENT AND
DEVELOPMENT PLAN
FOR PUD NO. 18
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664 (hereinafter referred to as the "City") , and The
Old Settlers Association Of Williamson County, Texas, their
respective successors and assigns, its address being P.O. Box 395,
Round Rock, Texas 78680 (hereinafter referred to as the "Owner") .
WHEREAS, the Owner has submitted a request to the City to re-
zone 11.761 acres of land as a Planned Unit Development ("PUD"),
said acreage being more particularly described by metes and bounds
in Exhibit "A" attached hereto and made a part hereof (hereinafter
referred to as the "Property"), and
WHEREAS, on November 9, 1994, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1990 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.16 below are followed.
1.
VOL.265ZPAGEO50Ei
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1990 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations under
this Agreement without having first obtained the prior
written consent of the other which consent shall not be
unreasonably withheld.
5.2 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.3 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
2.
VOI. 2652PA6E0507
5.6 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.9 Notices.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand -delivery to the address of the other party shown
below:
OWNER
The Old Settlers Association
of Williamson County
P.O. Box 395
Round Rock, Texas 78680
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
5.10 Effective Date.
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
1. DEFINITIONS
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1990
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code".
3.
voi. 2Gi2PAcEO5�8
2. PROPERTY
This Development Plan ("Plan") covers 11.761 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A",
attached hereto.
3. PURPOSE
The purpose of this Plan is to insure a Planned Unit
Development ("PUD") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
structures, the immediate neighboring properties or interfere
with their development or use in accordance with any existing
zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5. PERMITTED USES
5.1 GENERAL USE
The permitted use of the Property shall be as a family
entertainment center to be constructed in four phases.
5.2 Phase One
The permitted uses of Phase One include the construction
of a 3,600 square foot gameroom, clubhouse and concession
building, two 18 hole miniature golf courses, a seven
station batting cage, a maintenance shed and parking for
110 vehicles, all of the above being depicted on the
preliminary site plan attached hereto and incorporated
herein as Exhibit "C". Additionally, the existing
baseball field shall remain as a baseball field, and one
4.
vol. . 265 2 pAGE 0509
of the two miniature golf courses shall be covered to
shield players from direct sun and rain.
5.3 Phase Two
The permitted uses of Phase Two include the construction
of a 1,500 square foot party room and play area, a 3,000
square foot open pavilion, two volleyball courts, two
horseshoe pits, and parking as required in Section Ten
below.
5.3 Phase Three
The permitted uses of Phase Three include the
construction of a bumper boat ride and the upgrading of
the existing Brent -Bustin Memorial baseball field, said
upgrading to include renovations to the- existing restroom
and concession stand, reinstallation of bleachers, re-
establishment of bleachers and lighting upgrades. The
existing parking area shall be relocated as stated in
Section 10.5, below.
5.4 Phase Four
The permitted uses of Phase Four include the construction
of an 18 hole theme miniature golf course and parking as
required in Section Ten, below.
6. HEIGHT REQUIREMENTS
All structures shall consist of a one-story construction not
to exceed thirty (30') feet in height. The only exception
shall be the netting for the batting cage and the ballfield
lights, which shall not exceed fifty (50') feet in height.
7. LANDSCAPING
The Owner shall apply for an alternative landscape plan
pursuant to Section 3.1104(9) of the Code. The Owner shall be
responsible for the maintenance of all landscape improvements
and irrigation systems.
7.1 Site Landscaping
The alternative landscaping plan shall include the
retention of existing trees as shown on Exhibit "C", with
the exception of two trees which shall be relocated to
the island areas in the parking lot depicted in Exhibit
"C". Indigenous plants including trees, hedges and
flowering plants shall be added from the northern most
edge of the PUD to the southern edge of the parking lot
depicted in Exhibit "C". The park area, south of the
parking lot as depicted in Exhibit "C", shall not require
any additional foliage and shall be designed around the
existing oak trees.
5.
vat. . 2652PAGEO510
7.2 Chisolm Trail Landscaping
The landscaping along Chisolm Trail shall provide a
sufficient buffer between Chisolm Trail and the PUD. All
existing trees shall remain intact and be maintained by
the Owners. Low shrubs shall be added along the base of
the fence described in Section 9, below.
8. ENTRANCES
There shall be three entrances into the PUD, the first being
the existing entrance to Brent -Bustin Memorial Park, and the
second and third entrances to be as depicted in Exhibit "C".
9. FENCING
9.1 Fence Construction Around Miniature Golf Area
A dark brown fence shall be constructed around the
perimeter of the entire miniature golf area as depicted
in Exhibit "C". Said fence shall consist of two
horizontal tubular rails, with each rail being one and
one-half inches (1-1\2") in diameter, the lowest rail
being one and one-half feet (1-1\2') in height and the
highest rail being three feet (3') in height.
9.2 Fence Construction around the Bumper Boat Pool Area
A four foot (4") wrought iron security fence shall be
installed around the perimeter of the bumper boat pool
area as depicted in Exhibit "C". This fence shall be
designed to prevent unauthorized personnel from entering
the pool area.
10. PARKING
10.1 Phase One Parking
Phase One shall provide a total of seventy (70) parking
spaces, as depicted in Exhibit' "C". Unless stated
otherwise in this Plan or as directed by the Director of
Planning and Community Development, all aspects of
parking for all phases shall comply with Section 9.1800
of the Code.
10.2 Phase Two Parking
Phase Two shall provide a total of forty-six (46) parking
spaces.
10.3 Phase Three Parking
Phase Three shall provide a total of ten (10) parking
spaces.
6.
uoi. 265 2pAGE0511
10.4 Phase Four Parking
Phase Four shall provide a total of eighteen (18) parking
spaces.
10.5 Overflow Parking
The existing baseball field at Brent -Bustin Memorial Park
has adequate unpaved gravel parking available. Phase
Three shall require that this parking facility be
relocated to the southwest corner of the PUD, into an
area approved by the Director of Planning and Community
Development. Number 5 ballast crushed limestone shall be
utilized as the surface of this parking area. This
relocated parking area shall not exceed the size of the
existing parking area. The existing parking area shall be
covered with grass after the relocation.
11.0 SIDEWALKS
The Owner shall construct either a hike/bike walkway or
a sidewalk from the northern tip of the PUD to the main
parking area, as depicted in Exhibit "C". The walkway or
sidewalk shall be a minimum of forty-eight inches (48") wide
with an all-weather surface and the design and construction
shall be approved by the Director of Planning and Community
Development prior to the issuance of a certificate of
occupancy. The hike/bike walkway or sidewalk may be
constructed within either the PUD or the Chisolm Trail right-
of-way. If a non -concrete sidewalk is constructed within the
Chisolm Trail right-of-way, the Owner shall enter into a
license agreement with the City prior to construction,
accepting full responsibility for the maintenance of the
sidewalk.
12.0 TEMPORARY STRUCTURES
No temporary structures, mobile homes or trailers, abandoned
motor vehicles, or any shack, barn or other outbuilding not
otherwise shown on Exhibit "C" shall be erected or permitted
to remain on the PUD after occupancy of.the PUD.
13.0 LIGHTING
All light fixtures shall be oriented facing west to east, or
mounted horizontally with the light focused towards the
ground.
13.1 Miniature Golf Course Lighting
All putting greens shall be illuminated by eight foot
(8') fluorescent fixtures (with two standard 75 watt
lamps), mounted horizontally on poles between eleven and
twelve feet above the playing surface.
7.
VOL. 2652PAGEO512
13.2 Batting Cage Lighting
The batting cage area shall be illuminated by 400 watt
Metal Halide floodlights, or its equivalent, mounted on
poles approximately fifteen feet (15') above ground
level. These light fixtures shall face east, and shall be
aimed at the ground in the batting cage.
13.3 Bumper Boat Lighting
The bumper boat area as depicted on Exhibit "C" shall be
illuminated by 150 watt Metal Halide floodlights, or
their equivalent.
13.4 Parking Lot Lighting
The parking lot as depicted in Exhibit "C" shall be
illuminated by 400 watt high pressure sodium fixtures
mounted horizontally cm poles approximately thirty feet
(30') above the parking surface.
14.0 ARCHITECTURE
White limestone shall be .tilized for all masonry for all
structures within the PUD.
15.0 DEDICATION
The Brent -Bustin Memorial Field is the current name of the
existing ballfield and this name shall remain unchanged.
CITY OF ROUND ROCK
By:
Charles Cul
Date:
/1-
er,
Mayor
9 L-1
THE OLD SETTLERS ASSOCIATION
OF WILLIAMSON COUNTY, TEXAS
Date: ! - g
8.
Exhibit A
FIELD NOTES
YoL2652PACE05i3
EXHIBIT "A" TO THE
DEVELOPMENT PLAN
PUD No. 18
BEING 11.7592 acres of land out of the J. M. HARRE[L LEAGUE, ABSTRACT NO. 284
Wr1 LL MSON COUNTY, , TEAS, and being all of that certain tract of ]and
described as "Tract 3" in a deed to the Old Settlers Association recorded in
Volare 442, Page 449, Deed Records of Williamson l amen County, and part of that
certain tract of land described in a deed to the Old Settlers Association
recorded in Volare 258, Page 276, Deed Records of Williamson County, and being
more particularly' described by metes and bounds as follows, to wit:
BEGINNING at an iron rod set at the most northerly corner hereof at the
intersection of the east line of Chisholm Trail and the west line of the
Georgetown Railroad, , sa iron rod being the most northerly corner of "Tract
3" described in Volume 442, Page 449, Deed Records of Williamson Count
from which an iron rod found at the southeast corner of Lot 1, The Commons,,aa
subdivision of record filed in Cabinet G, Slide 81, Plat Records of Williamson
County, bears N 35' 48' 06" W a distance of 59.61 feet, and the northwest
corner of Lot 3, Market at Round Rock, a subdivision of record filed in
Cabinet H, Slide 187, Plat Records of Williamson County, bears S 81" 26' 21" E
a distance of 112.02 feet;
THENCE with the west line of said Georgetown Railroad, the following described
three (3) courses and distances:
1) S 18° 26' 36" E a distance of 298.27 feet to an iron rod found;
2) An arc distance of 449.95 feet with a curve to the left, said curve having
a central angle of 4' 27' 38", a radius of 5779.70 feet, tangents of
225.09 feet, a chord distance of 449.84 feet, and a chord bearing of
S 20' 40' 06" E to an iron rod set, and;
3) S 22" 53' 56" E a distance of 683.82 feet to the southeast corner hereof
in the centerline of Lake Creek, from which an iron rod found bears
N 22° 53' 56" W a distance of 176.18 feet;
THENCE with the south line hereof, said south line being along the centerline
of Lake Creek and with the north line of Lot 1, Round Rock West Section Three
(Revised), a subdivision of record filed in C'ahinet C, S1iriP 173, Plat Records
of Williamson County, the following described two (2) courses and distances:
1) S 69" 41' 41" W a distance of 440.19 feet, and;
2) S 81° 34' 42" W a distance of 200.22 feet to the southwest corner hereof,
said southwest corner also being the southeast corner of that certain 2.91
acre tract of land described in a deed to Good Hope Missionary Baptist
Church recorded in Volume 141, Page 118, Deed Records of Williamson Co.,
and frau which an iron rod found bears N 11° 28' 19" E a distance of
129.56 feet;
CAIRN rMUC. uue
and frau which an iron and found bears N-119 28' 19" E a distance of
129.56 feet;
"11 THENCE N 11' 28' 19" E a distance of 512.88 feet to an iron rod found at the
Nail northeast corner of said church tract, from which an iron rod found bears
N 82" 30' 31" W a distance of 2.30 feet;
cD
U-1 TRICE N 82" 30' 31" W a distance of 231.01 feet with the north line of said
church tract to an iron rod found in the east line of Chisholm Trail;
in
TSENCE N 114 53' 55" E a distance of 835.14 feet with the
Chisholm Trail to an iron rod found; east line of
CN2 THENCE N. 154 39' 46" E a distance of 172.29 feet with the east line of
CD Chisholm Trail to the Place of Beginning, containing 11.7592 acres of land,
subject to easements, conditions or restrictions of record, if any.
COALTER & ASSOCIATES, SURVEYORS
Coaeier—
Stan Coalter, MS, LSLS
10-25-94
OCT 26 '94 10:24
5122558211 PFGE.001
EXHIBIT "B"
TO THE AGREEMENT
REGARDING DEVELOPMENT PLAN
FOR PUD NO. 18
STATE OF TEXAS
COUNTY OF WILLIAMSON
LIENHOLDERS' CONSENT
VOL 2652PA6EO5ij
Know all men by these presents that the Old Settlers
Association of Williamson County, being the holder of a Deed of
Trust on the lands described in Exhibit "A" of the Agreement
Regarding Development Plan for PUD No. 18, which Deed of Trust is
recorded in Volume 442, page 449 and part of that certain tract of
land described in Volume 258, page 276 of the Official Records of
Williamson County, do hereby consent to the said Agreement, and the
recording of this Agreement in the Official Records of Williamson
County.
Witness my hand this /1 , da
Y of 7742 1994.
OLD SETTLERS ASSOCIATION OF
WILLIAMSON COUNTY
STATE, OF TEXAS
COUNTY OF WILLIAMSON
By:
§
§
hn E. Moores'
ident
This instrument was acknowledged before me on the day of
toles , 1994, by John E. Moore, President of the Old
ettlers Association of Williamson County on behalf of said
association.
KS/ROUNDROCK
LIENHOLD.1
Notary Publ
Printed Na :
My Commission Expires:
4`Ol. 26 5 2 PAGE O 516
Exhibit "IC "
Site Plan
EXHIBIT ?C"" TO THE
DEVELOPMENT PLAN
PUD No. 18
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