Z-10-05-13-10C1 - 5/13/2010ORDINANCE NO. 0- (j€, t3- I vG
AN ORDINANCE AMENDING ORDINANCE NO. Z-05-09-08-10C3,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS,
ON SEPTEMBER 8, 2005, AND AMENDED BY ORDINANCE NO.
Z-06-09-28-13C2 ON SEPTEMBER 28, 2006, BY AMENDING
SECTION II.6, SECTION II.11, AND DELETING EXHIBIT "D" OF
PUD NO. 65, APPROVED AND AMENDED BY THE CITY
COUNCIL IN SAID ORDINANCES, PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, on September 8, 2005, the City Council of the
City of Round Rock, Texas, adopted Ordinance No. Z -05-09-08-
10C3, which established PUD No. 65, and
WHEREAS, on September 28, 2006, the City Council of the
City of Round Rock, Texas, adopted Ordinance No. Z -06-09-28-
13C2, which amended PUD No. 65, and
WHEREAS, the City and McNeil Retail, Ltd. ("Owner") agreed
to a Minor Amendment (Amendment No. 2), as defined in Section
14.1 of PUD No. 65, such amendment filed as Document No.
2006080491 with the County Clerk of Williamson County, Texas,
and
WHEREAS, on May 29, 2007, the City and Owner agreed to a
Minor Amendment (Amendment No. 3), as defined in Section 14.1 of
PUD No. 65, and
WHEREAS, an application has been made to the City Council
of the City of Round Rock, Texas, for a Major Amendment, as
defined in Section 14.2 of PUD No. 65, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z -05-
09-08-10C3 on the 14th day of April, 2010, following lawful
publication of said public hearing, and
O:\wdox\SCC1nts\0112\1005\MONICIPAL\00190389.DOC/rmc
WHEREAS, after considering the public testimony received
at such hearing, the Planning and Zoning Commission has
recommended that Ordinance No. Z -05-09-08-10C3 be amended, and
WHEREAS, on the 13th day of May, 2010, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z-05-09-08-1003, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z -05-09-08-10C3 promotes the health,
safety, morals and 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, 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 City Council hereby determines that the proposed
amendment to Planned Unit Development (PUD) District #65 meets
the following goals and objectives:
(1) The amendment to P.U.D. #65 is equal to or superior to
development that would occur under the standard
ordinance requirements.
(2) The amendment to P.U.D. #65 is in harmony with the
general purposes, goals, objectives and standards of
the General Plan.
2
(3) The amendment to P.U.D. #65 does not have an undue
adverse effect on adjacent property, the character of
the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public
health, safety and general welfare.
II.
That Section II.6 of the Development Plan of PUD No. 65, as
approved in Ordinance No. Z -05-09-08-10C3, is hereby deleted in
its entirety, and replaced with a new Section II.6, which shall
read as follows:
6. PERMITTED USES
6.1 All of the uses in the C-1 (General Commercial) zoning district, with the
exception of those uses listed in Section 7 below, shall be permitted on the
Property, with the following conditions:
(a) A maximum of three (3) Eating Establishments with drive through service
shall be allowed on the Property, provided that a non -vehicular "to go"
window shall not be counted as a drive through use:
(i)
One drive through service may be located on Lot 2G, Block A of the
East Chandler Retail subdivision, a Replat of Lot 2 (0.95 acres), as
generally depicted on Exhibit "B" such that the drive through
queuing lane is not located within the street yard;
(ii) One drive through service may be located on Lot 2H, Block A of the
East Chandler Retail subdivision, a Replat of Lot 2 (21.95 acres), on
the rear of the Suite 1200 multiple tenant building, at the
northeastern corner of the building; and
(iii) One drive through service may be located on Lot 2, Block A,
University Oaks Shopping Center, Section 1 (0.93 acres).
6.2 The following uses shall be permitted by right, with the conditions stated:
(b) Private Park;
(c) Upper -Story Residential above ground floor retail uses, with a maximum
of two (2) stories above the ground floor.
3
III.
That Section II.11 of the Development Plan of PUD No. 65,
as approved in Ordinance No. Z -05-09-08-10C3, is hereby deleted
in its entirety, and replaced with a new Section 1I.11, which
shall read as follows:
11. DESIGN STANDARDS
The buildings constructed on the Property shall be 100% masonry. A minimum
of 50%, in the aggregate, of the area (net of windows and doors) of (i) the front
elevations of such buildings that are visible from public parking, and (ii) the first
thirty linear feet of the "ends" of such buildings that are around the corner from
such public parking, shall be stone. The attached Exhibit "D-1" is an example
(for illustrative purposes only and not intended to define actual front and side
elevation areas) showing how such front and end elevations would be identified
on a site plan.
Notwithstanding the foregoing, at least 50% in the aggregate of the area (net of
windows and doors) of the exterior of all four elevations of any free-standing
building containing fewer than 15,000 square feet of floor area shall be stone.
The color and texture of the stone used on the Property shall be the same or
similar to the color and texture of the stone used on the buildings constructed on
the Property. The following stone is deemed to comply with the foregoing
requirement: 4" to 12" random height, 50/50 blend splitface roughback random
length limestone with sawn beds and snapped ends, as distributed by Mezger
Enterprises, Lampasas, Texas.
For the purposes of this section, "masonry" shall be defined as stone, simulated
stone, brick, stucco, standard Exterior Insulation and Finish Systems (EIFS), and
abuse resistant EIFS for exterior finish below eight feet. Painted, texture -coated
concrete tilt -wall panels that convey the appearance of one of the before
mentioned masonry materials are acceptable.
The following materials are prohibited on the exterior walls and roofs of all
buildings and structures.
• Asbestos
• Mirrored Glass (reflectivity of 20% or more)
• Corrugated metal
• Unfinished sheet metal (except for trim or minor decorative
4
features approved by the Director of Planning, or as otherwise
provided herein)"
IV.
That Exhibit "D" of the Development Plan of PUD No. 65, as
approved in Ordinance No. Z -05-09-08-10C3, is hereby deleted in
its entirety.
V.
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 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.
5
READ, PASSED, and ADOPTED on first reading this 114.11day
of , 2010.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2010.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
, 2010.
C4/414-V&Le-
SARA L. WHITE, City Secretary
MCGRAW, Mayor
City of Round Rock, Texas
6
AMENDMENT NO. 4
ENDEAVOR
PLANNED UNIT DEVELOPMENT NO. 65
THE STATE OF TEXAS
COUNTY OF'WILLIAMSON
§
§
WHEREAS, the Endeavor Planned Unit Development (PUD) No. 65 zoning district was
adopted and approved by the City Council of the City of Round Rock, Texas
(hereinafter referred to as the "City") on September 8, 2005 (Z -05-09-08-10C3); and
WHEREAS, a major amendment to the PUD (Amendment No. 1) was adopted and
approved by the City on September 28, 2006 (Z -06-09-28-13C2); and
WHEREAS, the City and McNeil Retail, Ltd. (hereinafter referred to as the "Owner")
agreed to a Minor Amendment (Amendment No. 2), as defined in Section 14.1 of the
PUD, such amendment filed as Document No. 2006080491 with the County Clerk of
Williamson County, Texas; and
WHEREAS, the City and the Owner agreed to a Minor Amendment (Amendment No.
3), as defined in Section 14.1 of the PUD on May 29, 2007; and
WHEREAS, the Owner has submitted a request to the City for a Major Amendment, as
defined in Section 14.2 of the PUD; and
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted revised Development Standards
setting forth the development conditions and requirements within the PUD, which
Development Standards are contained in this Major Amendment; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on March 10, 2010, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a Major Amendment to the PUD;
and
WHEREAS, the City Council has reviewed the proposed Major Amendment and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City;
NOW THEREFORE:
I.
Section 11.6 of the Development Plan of PUD No. 65, as approved in Ordinance No. Z-
Z -05-09-08-10C3, is hereby deleted in its entirety, and replaced with a new Section II.6,
which shall read as follows:
6. PERMITTED USES
6.1 All of the uses in the C-1 (General Commercial) zoning district, with the
exception of those uses listed in Section 7 below, shall be permitted on the
Property, with the following conditions:
(a) A maximum of three (3) Eating Establishments with drive through service
shall be allowed on the Property, provided that a non -vehicular "to go"
window shall not be counted as a drive through use:
(i)
One may be located on Lot 2G, Block A of the East Chandler Retail
subdivision, a Replat of Lot 2 (0.95 acres), as generally depicted on
Exhibit "B" such that the drive through queuing lane is not located
within the street yard;
(ii) One may be Located on Lot 2H, Block A of the East Chandler Retail
subdivision, a Replat of Lot 2 (21.95 acres), on the rear of the Suite
1200 multiple tenant building, at the northeastern corner of the
building; and
(iii) One may be located on Lot 2, Block A, University Oaks Shopping
Center, Section 1 (0.93 acres).
6.2 The following uses shall be permitted by right, with the conditions stated:
(b) Private Park;
(c) Upper -Story Residential above ground floor retail uses, with a maximum
of two (2) stories above the ground floor.
II.
Section II.11 of the Development Plan of PUD No. 65, as approved in Ordinance No. Z-
Z -05-09-08-10C3, is hereby deleted in its entirety, and replaced with a new Section II.11,
which shall read as follows:
11. DESIGN STANDARDS
The buildings constructed on the Property shall be 100% masonry. A minimum
of 50%, in the aggregate, of the area (net of windows and doors) of (i) the front
elevations of such buildings that are visible from public parking, and (ii) the first
thirty linear feet of the "ends" of such buildings that are around the corner from
such public parking, shall be stone. The attached Exhibit "D-1" is an example
(for illustrative purposes only and not intended to define actual front and side
elevation areas) showing how such front and end elevations would be identified
on a site plan.
Notwithstanding the foregoing, at least 50% in the aggregate of the area (net of
windows and doors) of the exterior of all four elevations of any free-standing
building containing fewer than 15,000 square feet of floor area shall be stone.
The color and texture of the stone used on the Property shall be the same or
similar to - : - - - - - . , • the color and texture of the stone
used on the buildings constructed on the Property sp
constructed on PUD 59 and/or PUD 60, as conccp
The following stone is deemed to comply with the foregoing requirement: 4" to
12" random height, 50/50 blend splitface roughback random Length Iimestone
with sawn beds and snapped ends, as distributed by Mezger Enterprises,
Lampasas, Texas.
For the purposes of this section, "masonry" shall be defined as stone, simulated
stone, brick, stucco, standard Exterior Insulation and Finish Systems (EIFS), and
abuse resistant EIFS for exterior finish below eight feet. Painted, texture -coated
concrete tilt -wall panels that convey the appearance of one of the before
mentioned masonry materials are acceptable.
The following materials are prohibited on the exterior walls and roofs of all
buildings and structures.
• Asbestos
• Mirrored Glass (reflectivity of 20% or more)
• Corrugated metal
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning, or as otherwise provided
herein)"
III.
Exhibit "D" of the Development Plan of PUD No. 65, as approved in Ordinance No. Z-
Z -05-09-08-10C3, is hereby deleted in its entirety.
Exhibit "A" - Legal Description
Lot 2, Block A, University Oaks Shopping Center, Section 1 (0.93 acres)
I
0
v et sty
vr�
z
0 ----- -- Subject Tract
0.93 ac.
ROAD 114)
EXHIBIT B
DRIVE THROUGH LOCATION
e
N 6917'21" E CHANDLER ROAD (COUNTY ROAD 114)
563.47' N 69'17'21` E 1338.91'
N 69'17'21" E 563.47'
ru
1llUl[r)
PAD 3
Q
ILLS119
RIMARY ACCESS ROAD
1. PARTIAL PLAN VIEW
1"=100'
L_J
2. ENLARGED PLAN VIEW
1"=50'
Elevation of budding required to
meet 50% requirement
Elevation of building not required
to meet 50% requirement
Building < 15,000 SF
30 Feet
111
• ;:; .. . :=:--;;;;;"
. ' LLLL_L9
n
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 10C1.
Consider an ordinance approving Amendment No. 4 to Planned Unit Development (PUD)
Agenda Caption: No. 65 zoning district (Endeavor). (First Reading)
Meeting Date: May 13, 2010
Department: Planning and Community Development
Staff Person making presentation: Jim Stendebach
Planning and Community Development Director
Item Summary:
The 42.5 acre site contains retail and restaurant uses and has largely been constructed and occupied. The
amendment allows a drive-through restaurant on a 0.93 acre internal lot near the southwest corner of the site. In
addition, it specifies that the development shall contain a total of three drive-through restaurants, two of which are
built. The first of these two is on a stand-alone restaurant building at the northeast corner of the site fronting on
University Boulevard. The second is located an the end -cap of multi -tenant retail building, also on the northeastern
part of the site. Since the PUD originally limited a drive-through restaurant to the first site, the amendment also
provides for the second drive-through location, which was added when the multi -tenant building was constructed.
The purpose of the limitation of drive-throughs in the original PUD was to limit drive-throughs fronting on University
Boulevard and the IH -35 frontage road.
Strategic Plan Relevance:
4.0 Improve the aesthetics, development and redevelopment quality, and sustainability of the City.
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required):
Recommended Action:
Public notice was posted and a public hearing held in accordance with the
City of Round Rock's Zoning Ordinance at the Planning and Zoning
Commission meeting on April 14, 2010.
The Planning and Zoning Commission recommended approval of the
ordinance at their meeting on April 14, 2010.
RECORDED
DOCUMENT
FOLLOWS
uI
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
lull
11111
ID''
1111111111111111111111111111
1111
ORD
14 PGS
2010036770
I, SARA L. WHITE, City Secretary of the City of Round Rock, Texas, do hereby certify that
I am the custodian of the public records maintained by the City of Round Rock and the
attached is a true and correct copy of Ordinance No. Z -10-05-13-10C1 which approves
Amendment No. 4 to Planned Unit Development (PUD) No. 65 zoning district (Endeavor). This
ordinance was approved and adopted by the Round Rock City Council at a regular meeting held
on the 13th day of May 2010 and recorded in the City Council Minute Book 58.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 3rd day of June
2010.
SARA L. WHITE, City Secretary
ORDINANCE NO. f0- . j3-' i06(
(
AN ORDINANCE AMENDING ORDINANCE NO. Z -05-09-08-10C3,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS,
ON SEPTEMBER 8, 2005, AND AMENDED BY ORDINANCE NO.
Z -06-09-28-13C2 ON SEPTEMBER 28, 2006, BY AMENDING
SECTION II.6, SECTION II.11, AND DELETING EXHIBIT "D" OF
PUD NO. 65, APPROVED AND AMENDED BY THE CITY
COUNCIL IN SAID ORDINANCES, PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, on September 8, 2005, the City Council of the
City of Round Rock, Texas, adopted Ordinance No. Z -05-09-08-
10C3, which established PUD No. 65, and
WHEREAS, on September 28, 2006, the City Council of the
City of Round Rock, Texas, adopted Ordinance No. Z -06-09-28-
13C2, which amended PUD No. 65, and
WHEREAS, the City and McNeil Retail, Ltd. ("Owner") agreed
to a Minor Amendment (Amendment No. 2), as defined in Section
14.1 of PUD No. 65, such amendment filed as Document No.
2006080491 with the County Clerk of Williamson County, Texas,
and
WHEREAS, on May 29, 2007, the City and Owner agreed to a
Minor Amendment (Amendment No. 3), as defined in Section 14.1 of
PUD No. 65, and
WHEREAS, an application has been made to the City Council
of the City of Round Rock, Texas, for a Major Amendment, as
defined in Section 14.2 of PUD No. 65, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z -05-
09-08-10C3 on the 14th day of April, 2010, following lawful
publication of said public hearing, and
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00190389.DOC/rmc
WHEREAS, after considering the public testimony received
at such hearing, the Planning and Zoning Commission has
recommended that Ordinance No. Z -05-09-08-10C3 be amended, and
WHEREAS, on the 13th day of May, 2010, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z -05-09-08-10C3, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z -05-09-08-10C3 promotes the health,
safety, morals and 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, 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 City Council hereby determines that the proposed
amendment to Planned Unit Development (PUD) District #65 meets
the following goals and objectives:
(1) The amendment to P.U.D. #65 is equal to or superior to
development that would occur under the standard
ordinance requirements.
(2) The amendment to P.U.D. #65 is in harmony with the
general purposes, goals, objectives and standards of
the General Plan.
2
(3) The amendment to P.U.D. #65 does not have an undue
adverse effect on adjacent property, the character of
the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public
health, safety and general welfare.
II.
That Section II.6 of the Development Plan of PUD No. 65, as
approved in Ordinance No. Z -05-09-08-10C3, is hereby deleted in
its entirety, and replaced with a new Section II.6, which shall
read as follows:
6. PERMITTED USES
6.1 All of the uses in the C-1 (General Commercial) zoning district, with the
exception of those uses listed in Section 7 below, shall be permitted on the
Property, with the following conditions:
(a) A maximum of three (3) Eating Establishments with drive through service
shall be allowed on the Property, provided that a non -vehicular "to go"
window shall not be counted as a drive through use:
(i)
One drive through service may be located on Lot 2G, Block A of the
East Chandler Retail subdivision, a Replat of Lot 2 (0.95 acres), as
generally depicted on Exhibit "B" such that the drive through
queuing lane is not located within the street yard;
(ii) One drive through service may be located on Lot 2H, Block A of the
East Chandler Retail subdivision, a Replat of Lot 2 (21.95 acres), on
the rear of the Suite 1200 multiple tenant building, at the
northeastern corner of the building; and
(iii) One drive through service may be located on Lot 2, Block A,
University Oaks Shopping Center, Section 1 (0.93 acres).
6.2 The following uses shall be permitted by right, with the conditions stated:
(b) Private Park;
(c) Upper -Story Residential above ground floor retail uses, with a maximum
of two (2) stories above the ground floor.
3
III.
That Section II.11 of the Development Plan of PUD No. 65,
as approved in Ordinance No. Z -05-09-08-10C3, is hereby deleted
in its entirety, and replaced with a new Section II.11, which
shall read as follows:
11. DESIGN STANDARDS
The buildings constructed on the Property shall be 100% masonry. A minimum
of 50%, in the aggregate, of the area (net of windows and doors) of (i) the front
elevations of such buildings that are visible from public parking, and (ii) the first
thirty linear feet of the "ends" of such buildings that are around the corner from
such public parking, shall be stone. The attached Exhibit "D-1" is an example
(for illustrative purposes only and not intended to define actual front and side
elevation areas) showing how such front and end elevations would be identified
on a site plan.
Notwithstanding the foregoing, at least 50% in the aggregate of the area (net of
windows and doors) of the exterior of all four elevations of any free-standing
building containing fewer than 15,000 square feet of floor area shall be stone.
The color and texture of the stone used on the Property shall be the same or
similar to the color and texture of the stone used on the buildings constructed on
the Property. The following stone is deemed to comply with the foregoing
requirement: 4" to 12" random height, 50/50 blend splitface roughback random
length limestone with sawn beds and snapped ends, as distributed by Mezger
Enterprises, Lampasas, Texas.
For the purposes of this section, "masonry" shall be defined as stone, simulated
stone, brick, stucco, standard Exterior Insulation and Finish Systems (EIFS), and
abuse resistant EIFS for exterior finish below eight feet. Painted, texture -coated
concrete tilt -wall panels that convey the appearance of one of the before
mentioned masonry materials are acceptable.
The following materials are prohibited on the exterior walls and roofs of all
buildings and structures.
• Asbestos
• Mirrored Glass (reflectivity of 20% or more)
• Corrugated metal
• Unfinished sheet metal (except for trim or minor decorative
4
features approved by the Director of Planning, or as otherwise
provided herein)"
IV.
That Exhibit "D" of the Development Plan of PUD No. 65, as
approved in Ordinance No. Z -05-09-08-10C3, is hereby deleted in
its entirety.
V.
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 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.
5
READ PASSED, and ADOPTED on f irst readingthis 1141
day
of , 2010.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2010.
READ, APPROVED and ADOPTED on second reading this the
day of , 2010.
ATTEST:
GOWL.V144
SARA L. WHITE, City Secretary
MCGRAW, Mayor
City of Round Rock, Texas
6
AMENDMENT NO. 4
ENDEAVOR
PLANNED UNIT DEVELOPMENT NO. 65
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
WHEREAS, the Endeavor Planned Unit Development (PUD) No. 65 zoning district was
adopted and approved by the City Council of the City of Round Rock, Texas
(hereinafter referred to as the "City") on September 8, 2005 (Z -05-09-08-10C3); and
WHEREAS, a major amendment to the PUD (Amendment No. 1) was adopted and
approved by the City on September 28, 2006 (Z -06-09-28-13C2); and
WHEREAS, the City and McNeil Retail, Ltd. (hereinafter referred to as the "Owner")
agreed to a Minor Amendment (Amendment No. 2), as defined in Section 14.1 of the
PUD, such amendment filed as Document No. 2006080491 with the County Clerk of
Williamson County, Texas; and
WHEREAS, the City and the Owner agreed to a Minor Amendment (Amendment No.
3), as defined in Section 14.1 of the PUD on May 29, 2007; and
WHEREAS, the Owner has submitted a request to the City for a Major Amendment, as
defined in Section 14.2 of the PUD; and
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted revised Development Standards
setting forth the development conditions and requirements within the PUD, which
Development Standards are contained in this Major Amendment; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on March 10, 2010, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a Major Amendment to the PUD;
and
WHEREAS, the City Council has reviewed the proposed Major Amendment and
determined that it promotes the health, safety, and general welfare of the citizens of
Round Rock and that it complies with the intent of the Planned Unit Development
Ordinance of the City;
NOW THEREFORE:
I.
Section 11.6 of the Development Plan of PUD No. 65, as approved in Ordinance No. Z-
Z -05-09-08-10C3, is hereby deleted in its entirety, and replaced with a new Section II.6,
which shall read as follows:
6. PERMITTED USES
6.1 All of the uses in the C-1 (General Commercial) zoning district, with the
exception of those uses listed in Section 7 below, shall be permitted on the
Property, with the following conditions:
(a) A maximum of three (3) Eating Establishments with drive through service
shall be allowed on the Property, provided that a non -vehicular "to go"
window shall not be counted as a drive through use:
(i)
One may be located on Lot 2G, Block A of the East Chandler Retail
subdivision, a Replat of Lot 2 (0.95 acres), as generally depicted on
Exhibit "B" such that the drive through queuing lane is not located
within the street yard;
(ii) One may be located on Lot 2H, Block A of the East Chandler Retail
subdivision, a Replat of Lot 2 (21.95 acres), on the rear of the Suite
1200 multiple tenant building, at the northeastern corner of the
building; and
(iii) One may be located on Lot 2, Block A, University Oaks Shopping
Center, Section 1 (0.93 acres).
6.2 The following uses shall be permitted by right, with the conditions stated:
(b) Private Park;
(c) Upper -Story Residential above ground floor retail uses, with a maximum
of two (2) stories above the ground floor.
II.
Section II.11 of the Development Plan of PUD No. 65, as approved in Ordinance No. Z-
Z -05-09-08-10C3, is hereby deleted in its entirety, and replaced with a new Section II.11,
which shall read as follows:
11. DESIGN STANDARDS
The buildings constructed on the Property shall be 100% masonry. A minimum
of 50%, in the aggregate, of the area (net of windows and doors) of (i) the front
elevations of such buildings that are visible from public parking, and (ii) the first
thirty linear feet of the "ends" of such buildings that are around the corner from
such public parking, shall be stone. The attached Exhibit "D-1" is an example
(for illustrative purposes only and not intended to define actual front and side
elevation areas) showing how such front and end elevations would be identified
on a site plan.
Notwithstanding the foregoing, at least 50% in the aggregate of the area (net of
windows and doors) of the exterior of all four elevations of any free-standing
building containing fewer than 15,000 square feet of floor area shall be stone.
The color and texture of the stone used on the Property shall be the same or
similar to - : - ' . - - - - : ' :. the color and texture of the stone
used on the buildings constructed on the Property -specified for the buildings
constructed on PUD 59 and/or PUD 60, as conecp -. - - • - ' - - ' . •
The following stone is deemed to comply with the foregoing requirement: 4" to
12" random height, 50/50 blend splitface roughback random length limestone
with sawn beds and snapped ends, as distributed by Mezger Enterprises,
Lampasas, Texas.
For the purposes of this section, "masonry" shall be defined as stone, simulated
stone, brick, stucco, standard Exterior Insulation and Finish Systems (EIFS), and
abuse resistant EIFS for exterior finish below eight feet. Painted, texture -coated
concrete tilt -wall panels that convey the appearance of one of the before
mentioned masonry materials are acceptable.
The following materials are prohibited on the exterior walls and roofs of all
buildings and structures.
• Asbestos
• Mirrored Glass (reflectivity of 20% or more)
• Corrugated metal
• Unfinished sheet metal (except for trim or minor decorative features
approved by the Director of Planning, or as otherwise provided
herein)"
III.
Exhibit "D" of the Development Plan of PUD No. 65, as approved in Ordinance No. Z-
Z -05-09-08-10C3, is hereby deleted in its entirety.
Exhibit "A" - Legal Description
Lot 2, Block A, University Oaks Shopping Center, Section 1 (0.93 acres)
5e
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0.93 ac.
ROAD 114)
1.0101111111111111." aimeisme.
EXHIBIT B
DRIVE THROUGH LOCATION
N 69.17'2111 E CHANDLER ROAD (COUNTY ROAD 114)
563.47' N 69'17'21' E 1338.91'
N
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PAD 3
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RIMARY ACCESS ROAD
N 69'17'21" E 563.47'
. PARTIAL PLAN VIEW
1"=100'
DRIVE-THRU
RESTAURANT
QUEUING LANE
l
2. ENLARGED PLAN VIEW
1"=50'
-U 11111
•
Elevation of building required to
meet 50% requirement
Elevation of building not required
to meet 50% requirement
Building < 15,000 SF
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RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
FILED AND RECORDED
OFFICIRL PUBLIC RECORDS 2010036770
06/04/2010 10:07 AM
JNETHERBY $68.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
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