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Z-12-01-26-8B2 - 1/26/2012 ORDINANCE NO.Z- 1?--0[-2f0_0V AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 41.234 ACRES OF LAND OUT OF THE N.B. ANDERSON SURVEY, ABSTRACT NO. 29, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 90. WHEREAS, the City of Round Rock, Texas has recently annexed 41.234 acres of land out of the N.B. Anderson Survey, Abstract No. 29 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 18th day of January, 2012, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 90, and WHEREAS, on the 26th day of January, 2012, after proper notification, the City Council held a public hearing on the proposed original zoning, 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 Sections 46-92, 46-104, and 46-106, Code of 0Aw1o.\1cc1n.\011111204MINIc8.v.\00241414.noa. C Original Zoning Ordinance 6/06 Ordinances (2010 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 has hereby determined the Planned Unit Development (PUD) No. 90 meets the following goals and objectives: (1) The development in PUD No. 90 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 90 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 90 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. 90 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 90 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 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 90, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 90 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. 2 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. READ, PASSED, and ADOPTED on first reading this Qv —day of ' 2012. Alternative 2. READ and APPROVED on first reading this the day of , 2012. READ, APPROVED and ADOPTED on second reading this the day of , 2012. 3 Y l (Y ALANTACGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 4 AUSTIN SURVEYORS EXHIBIT P.O.BOX 180243 "A„ AUSTIN,TEXAS 78718 f1 2105 JUSTIN LANE#103 (512)454.6605 Accompwimeit for plat 1752-1 FIELD NOTES FOR 41.234 ACRES All that certain tract or parcel of land situated in the N.B. Anderson Survey, A-29, in Williamson County, Texas and being a part of a 101.37 acre tract and a 19.44 acre tract of land described in Document #2006016210 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found in the intersection of the Southeast right-of-way line of University Boulevard(County Road#114)and the East line of the above mentioned 101.37 acre tract, in the Northwest comer of a tract of land called 21.81 acres conveyed to CRAP. L.P. in Document No. 2008011241 of the above mentioned Official Records for the Northeast comer of this tract.. THENCE S 03043'27" E with the east line of the said 101.37 acre tract 738.67 .feet to an iron pin found for an angle point of this tract. THENCE S 0304923" E with the East line of the said 101.37 acre tract 460.97 feet to an iron pin found in the Southwest comer of the above mentioned 21.81 acre tract and the Northwest comer of Laurel Ridge Section Two recorded as Document No. 9747663 in the said Official Records for an angle point of this tract. THENCE S 04010'40" E with the East line of the said 101.37 acre tract 516.75 feet to an iron pin found in the Southwest comer of the above mentioned Laurel Ridge Section Two and the Northwest comer of Laurel Ridge Section Six as recorded in Document No. 9907224 of the said Official Records for an angle point of this tract. THENCE S 04008'56" E with the East line of the said 101.37 acre tract 283.49 feet to an iron pin found for an angle point of this tract. THENCE S 04008'03" E with the East line of the said 101.37 acre tract at approximately 188.5 feet pass the Southeast comer of the said 101.37 acre tract and the North comer of the 19.44 acre tract and continue for a total of 367.90 feet to an iron pin found in the most Northeast comer of Lot 1 in Block A of Chandler Sunrise Subdivision as recorded in Cabinet DD, Slide 118 of the Plat Records of Williamson County, Texas for the Southeast comer of this tract. THENCE S 77057'06"W 848.53 feet to an iron pin found in an interior comer of the above mentioned Lot 1 Block A for the Southwest comer of this tract. THENCE N 17039128"W at 419.83 feet pass an iron pin found in the East corner of Lot 1 in Block B of Oakmont Crossing Section One as recorded in Cabinet H, Slide 312 of the Plat Records of Williamson County,Texas and continue for a total of 704.25 feet to an iron pin found in an angle point of the above mentioned Lot 1 Block B for an angle point of this tract. 41.234 ACRES PAGE 2 OF 2 THENCE N 09014'12"W 1166.18 feet to an iron pin set in the intersection of the East line of the said Lot 1 Block B and the curving Southeast right-of-way line of University Boulevard (County Road#114) for the Northwest corner of this tract. THENCE with the Southeast line of University Boulevard with the arc of a curve to the left 147.63 feet, said curve having a radius of 2112.42 feet, a central angle of 04°00'15", and a sub-chord which bears N 68°28'52" E 147.60 to an iron pin set on the west line of a 7.4 acre tract of land described in Document No. 2008069340 of the said Official Records for a reentrant comer of this tract. THENCE S 190 10'13" E 208.06 feet to an iron pin found in the South comer of the above mentioned 7.4 acre tract for an angle point of this tract. THENCE N 72020'16" E 891.88 feet to an iron pin found in the Southeast corner of the said 7.4 acre tract for an angle point of this tract. THENCE N 03033'51"W 558.40 feet to an iron pin set in the intersection of the curving Southeast right-of-way line of University Boulevard (County Road#114) and the East line of the said 7.4 acre tract for an angle point of this tract. THENCE with the Southeast line of University Boulevard with the arc of a curve to the right 56.20 feet, said curve having a radius of 1955.00 feet, a central angle of 01°38'50", and a sub-chord which bears N 55°49'22" E 56.20 feet to the POINT OF BEGINNING containing 41.234 acres of land or 1796135 square feet of land,more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during June of 2011 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title to Duke,Inc. Any use of this description by any person for any other purpose is expressly prohibited. T ;' .RF. Q ClaudW.Hinkle,®r. R.P.L.S. No. 4629 CLAUDE F.HINKLE_JR;� .. 4629 Q,:� 0 AUG 3 0 2011 ESS q`..,oF oa F \ . �Q S U RN�`'p� Date 1752.doc upp EB IBIT „ DEVELOPMENT PLAN BARTZ PLANNED UNIT DEVELOPMENT NO.90 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan') is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Michael Lynn Bartz and Susan Kay Bartz McLaughlin, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 41.234 acres,as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof;and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development(the "PUD"); and WHEREAS, pursuant to Section 46-106 of the Round Rock City Code, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD,which Development Standards are contained in Section II of this Plan;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 January 18, 2012, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS,the City Council has reviewed the proposed Plan 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: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II.13 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.9, Code of Ordinances, City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1. Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2. Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3. Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning,or as defined in the Round Rock City Code,as amended,hereinafter referred to as"the Code." 2. PROPERTY This Plan covers approximately 41.234 acres of land,located within the city limits of Round Rock,Texas,and more particularly described in Exhibit"A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements,2)is in harmony with the General Plan, as amended, 3) 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 welfare,4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 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 the MF (Multifamily), TH (Townhouse) and SR (Senior) zoning districts and other sections of the Code, as applicable, and as amended. If there is a conflict between this Plan and the Code,this Plan shall supersede the specific conflicting provisions of the Code. 4.2. Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. TOTAL NUMBER OF RESIDENTIAL UNITS The maximum number of residential units on the Property shall not exceed 720. 6. DEVELOPMENT STANDARDS FOR MULTIFAMILY RESIDENTIAL (MF) DISTRICT AREA 6.1. A Multifamily Residential (MF) District Area is created and indicated on Exhibit "B". Within the MF District Area, the MF District zoning regulations will govern unless as otherwise provided in this Plan. 6.2. Permitted Uses. a) All uses contained in the MF (Multifamily) zoning district, as described in Section 46-140 of the Code, as amended, shall be permitted. b) All uses contained in the TH (Townhouse) zoning district, as described in Section 46-139 of the Code,as amended,shall be permitted. c) A TH (Townhouse) use shall be governed by the TH (Townhouse) district regulations, as contained in Section 46-139 of the Code, as amended, except that (i) the density limit shall be 20 units per acre and (ii) such standards are amended as provided in Section 6 of this Plan. To the extent of conflict with the Code,this Plan controls. 6.3. The maximum number of multifamily residential units shall not exceed 600. If however, townhouses are constructed in the MF District Areas at a density of greater than 12 units per acres, then those townhouses shall be counted against the 600 unit limit. 6.4. The maximum number of multifamily residential units per building shall not exceed twenty-eight(28). 6.5. Compatibility -Multifamily uses Compatibility regulations in the Code between uses in the MF District Area and the SR/TH District Area within the Property shall not be applicable. 6.6. Garage Parking-Multifamily uses No less than 50% of the multifamily residential units shall be required to have parking within covered parking areas or garages. Detached garages shall be constructed of the same exterior materials and include a similar roof pitch to the primary residential structures. 4 6.7. Amenity Centers-Multifamily uses An Amenity Center and a swimming pool shall be provided for each of the two (2)phases of the multifamily residential development. 6.8. Building;Exterior Finish and Design Features- Multifamily uses a) The required masonry exterior finish on the first floor of all multifamily residential buildings shall consist of seventy-five (75) percent brick or natural stone,not to include simulated stone. b) The following special design features shall be incorporated in the design of each multifamily residential building, as generally depicted on the attached Exhibit "C i) Shutters; ii) Arched entry,balcony or breezeway entrance; iii) Stone or brick accent wall; iv) Veranda,terrace, porch or balcony; v) Projected wall or dormer, and vi) Variation of roof lines on the building. 6.9. Setbacks and Balconies -Multifamily and Townhouse uses a) All multifamily and townhouse residential buildings shall be set back eighty (80) feet from the eastern boundary of the Property when adjacent to single family zoned property. No storage buildings, electrical/mechanical equipment rooms or garbage collection areas shall be allowed within the eighty(80)foot setback. b) On the east side of all multifamily and townhouse residential buildings located within one-hundred fifty (150) feet of the eastern boundary of the Property when adjacent to single family zoned property, balconies on the third story shall be prohibited. 6.10. Building Height-Multifamily and Townhouse uses a) Multifamily and townhouse residential buildings shall be a maximum of three stories in height, unless the first level includes a walk out basement as generally depicted on Exhibit "C", in which case the building height shall be a maximum of four stories. 5 b) Multifamily and townhouse residential buildings which include a walk out basement as described above shall be set back a minimum of 225 feet from the eastern boundary of the Property. The walk out basement facade shall not face the eastern boundary of the Property. 6.11. Landscaping and Screening-Multifamily and Townhouse uses a) The landscape buffer in the additional setback required in the MF (Multi-Family) zoning district, Section 46-140 (c)(2), shall contain the following minimum quantity of landscaping, based on the linear footage that exists along the length of the southern and western property lines, except where the property line abuts a public street: i) One large species tree per fifty (50)linear feet;and ii) One medium species tree per thirty (30)linear feet;and iii) One small species tree per fifteen(15) linear feet; iv) Seventy-five percent (75%) of all tree species shall be of an evergreen species. b) Attached garage doors for multifamily and townhouse residential buildings may face Hidden Valley Drive however in no case shall more than six (6) garage doors be located adjacent to one another. C) Facing Hidden Valley Drive, there shall be no more than twenty (20) consecutive parking spaces in the street yard without an interrupting island containing a large species tree. Tree islands shall have a minimum width of nine feet(9') from face of curb to face of curb. 6.12. Compatibility Buffer and Fencing- Multifamily and Townhouse uses a) The required compatibility buffer fence shall be a eight-foot (8') masonry wall installed along the eastern Property boundary along adjacent residentially zoned property. Required trees adjacent to residentially zoned property shall be a minimum of six (6) feet in height at time of planting. Provisions shall be made for "tie in" to existing perpendicular fencing of single family lots to maintain continuous fenced yard conditions. b) The required compatibility masonry wall shall not be installed along the boundary with Lot 10, Block E of the Laurel Ridge Section 6 Subdivision. The masonry wall shall turn westward into the Property before turning southward to terminate at the southern Property boundary line. 6 C) All trees shall be planted in a pervious area no less than four feet(4')wide in any direction measured from the center of the tree,unless otherwise stated herein. d) The pervious area around all required trees in landscape buffers, tree islands, perimeter parking lot landscape areas and compatibility buffers shall not include sod or turf grass and shall consist of no more than fifty percent(50%) decorative ground cover material, including decomposed granite, crushed granite gravel, river rock, pea gravel, tumbled glass, and bark mulch, unless approved by the Zoning Administrator. The remainder of the pervious area around the tree as described in Section 5.10(c) must consist of live plant material with a low and spreading growth habit that can easily be maintained at a height of 6" to 12" and is intended to completely cover the ground surface when fully grown. e) At least 80% of the required shrubs shall be native or adapted species, as approved by the Zoning Administrator. Up to 20% of the shrubs may be of a non-preferred variety as long as they are grouped together in a suitable area and can be irrigated. f) Drip irrigation for groundcovers, shrubs and trees shall be utilized in the irrigation plan, unless otherwise approved by the Zoning Administrator. Turf grass areas are not required to be irrigated with drip irrigation. g) In areas where turf is used, a drought tolerant species will be used, subject to the approval of the Zoning Administrator. No St.Augustine grass shall be allowed. 6.13. Existing Trees-Multifamily and Townhouse a) The existing trees indicated on Exhibit "D" shall be retained as a part of the site landscaping plan. b) Developer shall use commercially reasonable efforts to preserve any healthy existing trees along the eastern boundary line adjacent to the single family zoned property unless construction of the masonry wall as described in Section 5.10(a) prevents preservation. Should any such healthy existing trees in this area not be preserved, an evergreen tree of a type considered to be fast growing to provide shade and screening that is at least ten(10) feet in height at time of planting shall be planted to replace the tree removed. 7. DEVELOPMENT STANDARDS FOR SENIOR HOUSING (SR) / TOWHNHOUSE (TH) DISTRICT AREA 7.1. A Senior Housing (SR)/Townhouse (TH) District Area is created and indicated on Exhibit "B". Within the SR/TH District Area, the SR or the TH District zoning regulations will govern(as applicable) unless as otherwise provided in this Plan. 7 7.2. Permitted Uses. a) All uses contained in the SR (Senior Housing) zoning district, as described in Section 46-152 of the Code, as amended,shall be permitted. b) A Group Living(Senior)use shall be permitted as follows: i) A residential facility providing 24-hour care in a protective living arrangement for residents 62 years of age or older and supervisory personnel. Typical uses include assisted living facilities, congregate living facilities, independent living and nursing homes. ii) The facility must comply with the State of Texas licensing requirements and are limited to facilities that function as senior housing. c) All uses contained in the TH (Townhouse) zoning district, as described in Section 46-139 of the Code, as amended,shall be permitted. d) A TH (Townhouse) use shall be governed by the TH (Townhouse) district regulations, as described in Section 46-139 of the Code,as amended, except that the maximum height shall be three(3)stories. e) A Group Living (Senior) use shall be governed by the PF-3 (Public facilities-high intensity) district regulations, as described in Section 46-151 of the Code, as amended. f) Apartments (Senior) and Townhouses (Senior) uses, as described in Section 46- 152 of the Code, as amended,are allowed three (3)stories in height. 7.3. Compatibility. Compatibility regulations in the Code between uses in the MF District Area and the SR/TH District Area within the Property'shall not be applicable. 7.4. Landscaping and Screening a) All trees shall be planted in a pervious area no less than four feet(4')wide in any direction measured from the center of the tree,unless otherwise stated herein. b) The pervious area around all required trees in landscape buffers, tree islands, perimeter parking lot landscape areas and compatibility buffers shall not include sod or turf grass and shall consist of no more than fifty percent (50%) decorative ground cover material, including decomposed granite, crushed granite gravel, river rock, pea gravel, tumbled glass, and bark mulch, unless approved by the Zoning Administrator. The remainder of the pervious area around the tree as described in Section 6.6(a) must consist of live plant material with a low and 8 spreading growth habit that can easily be maintained at a height of 6" to 12" and is intended to completely cover the ground surface when fully grown. c) At least 80% of the required shrubs shall be native or adapted species, as approved by the Zoning Administrator. Up to 20% of the shrubs may be of a non- preferred variety as long as they are grouped together in a suitable area and can be irrigated. d) Drip irrigation for groundcovers, shrubs and trees shall be utilized in the irrigation plan, unless otherwise approved by the Zoning Administrator. Turf grass areas are not required to be irrigated with drip irrigation. e) In areas where turf is used, a drought tolerant species will be used, subject to the approval of the Zoning Administrator. No St. Augustine grass shall be allowed. 7.5. Existing Trees a) The existing trees indicated on Exhibit "D" shall be retained as a part of the site landscaping plan. b) Developer shall use commercially reasonable efforts to preserve any healthy existing trees along the eastern boundary line adjacent to the single family zoned property unless construction of the masonry wall as described in Section 5.10(a) prevents preservation. Should any such healthy existing trees in this area not be preserved, an evergreen tree of a type considered to be fast growing to provide shade and screening that is at least ten(10)feet in height at time of planting shall be planted to replace the tree removed. 8. SIGNAGE The Property may have two (2) monument signs at the entrance on University Boulevard and one (1) monument sign at the entrance on Hidden Valley Drive. Each sign shall be no larger than fifty (50) square feet and no higher than five (5) feet. Signs may be no higher than seven (7) feet in order to be visible above landscape plantings, upon approval of the Zoning Administrator. 9. TRANSPORTATION 9.1. The City Transportation Services Department has approved a Traffic Impact Analysis including any amendments or addendums, the ("TIA") for the Plan. Compliance with the requirements of the TIA is required. Any changes in the proposed land uses or their intensity shall require that a revision to the TIA be submitted for review and approval by the City. 9 9.2. Hidden Valley Drive shall be connected from east to west, as described in a Development Agreement to be approved by the Owner and the City. 10. GENERAL PLAN 2010 This Development Plan amends the Round Rock General Plan 2020,which was adopted on July 22,2010. 11. DEVELOPMENT PROCESS This Plan serves as the Concept Plan required by the Code and approval of this Plan substitutes as a Concept Plan approval. Utility, drainage and other infrastructure information required by the Code are not approved with the approval of this Plan. Subsequent review and approval by the City of this infrastructure information shall be necessary. As required by City Code, the Owner shall be required to complete the remaining steps in the City's development process. This may include subdivision platting and site plan review. The subdivision platting process includes a Preliminary Plat and a Final Plat. A site development plan must be approved. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Services Office. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. This requirement shall not apply to existing overhead lines. 13. CHANGES TO DEVELOPMENT PLAN 13.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2. Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. 10 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit"A" Legal Description of Property Exhibit"B" Land Use District Areas Exhibit"C" Building Height and Design Features Exhibit"D" Existing Trees 11 �� AUSTIN SURVEYORS La BOX 180293 AM IN,TZX"78718 2105 jusnN LANE AM (512)434.6605 Aaeompanbam for plat 1752-1 FIELD NOTES FOR 41.234 ACRES All that certain tract or parcel of land situated in the N.B.Anderson Survey,A-29, in Williamson County, Texas and being a part of a 101.37 acre tract and a 19.44 acre tract of land described in Document #2006016210 of the Official Records of Williamson County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found in the intersection of the Southeast right-of-way line of University Boulevard(County Road#114)and the East line of the above mentioned 101.37 acre tract,in the Northwest corner of a tract of land called 21.81 acres conveyed to CARP.L.P.in Document No.2008011241 of the above mentioned Official Records for the Northeast comer of this tract.. THENCE S 03043127"E with the east line of the said 101.37 acre tract 738.67,feet to an iron pin found for an angle point of this tract. THENCE S 03049'23"E with the East line of the said 101.37 acre tract 460.97 feet to an iron pin found in the Southwest comer of the above mentioned 21.81 acre tract and the Northwest corner of Laurel Ridge Section Two recorded as Document No. 9747663 in the said Official Records for an angle point of this tract. THENCE S 04'10'40"E with the East line of the said 101.37 acre tract 516.75 feet to an iron pin found in the Southwest corner of the above mentioned Laurel Ridge Section Two and the Northwest comer of Laurel Ridge Section One as recorded in Document No. 9907224 of the said Official Records for an angle point of this tract. THENCE S 04008156"E with the East line of the said 101.37 acre tract 283.49 feet to an iron pin found for an angle point of this tract. THENCE S 04°08'03"E with the East line of the said 101.37 acre tract at approximately 188.5 feet pass the Southeast corner of the said 101.37 acre tract and the North comer of the 19.44 acre tract and continue for a total of 367.90 feet to an iron pin found in the most Northeast comer of Lot 1 in Block A of Chandler Sunrise Subdivision as recorded in Cabinet DD,Slide 118 of the Plat Records of Williamson County,Texas for the Southeast comer of this tract. THENCE S 7705T06"W 848.53 feet to an iron pin found in an interior corner of the above mentioned Lot 1 Block A for the Southwest comer of this tract. THENCE N 1703928"W at 419.83 feet pass an iron pin found in the East corner of Lot 1 in Block B of Oakmont Crossing Section One as recorded in Cabinet H,Slide 312 of the Plat Records of Williamson County,Texas and continue for a total of 704.25 feet to an iron pin found in an angle point of the above mentioned Lot 12 Block B for an angle point of this tract. 12 41.234 ACRES F. I R IT "A" PAGE 2 OF 2 THENCE N 0901412"W 1166.18 feet to an iron pin set in the intersection of the East line of the said Lot 1 Block B and the curving Southeast right-of-way line of University Boulevard (County Road#114) for the Northwest comer of this tract. THENCE with the Southeast line of University Boulevard with the arc of a curve to the left 147.63 feet,said curve having a radius of 2112.42 feet,a central angle of 04°00'15",and a sub-chord which bears N 68°28'52"E 147.60 to an iron pin set on the west line of a 7.4 acre tract of land described in Document No.2008069340 of the said Official Records for a reentrant corner of this tract. THENCE S 19°10'13"E 208.06 feet to an iron pin found in the South comer of the above mentioned 7.4 acre tract for an angle point of this tract. THENCE N 72°20'16"E 891.88 feet to an iron pin found in the Southeast corner of the said 7.4 acre tract for an angle point of this tract. THENCE N 0303351"W 558.40 feet to an iron pin set in the intersection of the curving Southeast right-of-way line of University Boulevard (County Road#114)and the East line of the said 7.4 acre tract for an angle point of this tract. THENCE with the Southeast fine of University Boulevard with the arc of a curve to the right 56.20 feet,said curve having a radius of 1955.00 feet,a central angle of 01°38'50", and a sub-chord which bears N 55°49'22"E 56.20 feet to the POINT OF BEGINNING containing 41.234 acres of land,more or less. I, Claude F.Hinkle,Ir.,a Registered Professional Land Surveyor,do hereby certify that these field notes were prepared firom an on-the-ground survey made under my supervision during June of 2011 and are correct to the best of my knowledge and belief These field notes were prepared for a transfer of title to Duke,Inc. Any use of this description by any person for any other purpose is expressly prohibited. „V; G s T FAF;fes Clau .Hinkle,Jr. R.P.L.S. No.4629 CIAUDE F.HINKLE JR. 4629 AQ JUL 2 0 2011 Date 1752.doc 13 tr �� c,y� r, '•.l ra t rc a A� cw�.ae •• d " OlriilLL..WOW".ImwY i.11eil iN Irr..�1r Y t � ¢q�''� • w.�.. 'ryp} YYrB &tr. ,. 1 x w. Irr..M.IKYjoNwow" w�,,.��wwru�.w,.t t SRITH DISTRICT'/ •-� - , PHASE 3 �MF DISTRICT 9AH7Y PA009p7M11 Lt C.I� '',� ,1 '^`°' �` F f? 0.4 4234 ACRS PHASE Z . w O-W ACRO MF DISTRICT', .} �w or..oaam 1' 12, s ACF[i • `" �' ., f! ab��...�,,......1.A`�� . ,�''�� •�� , PHASE 1 .� ��''�•, � � �� '�� lam"` < MF DISTRICT- AL s i A � 1 ie a ,Ie1 T111i It111 e � a pa FFE! � - f 1 em RR' qR 1.�� 1'8I ti >F`+ikNi'ic1t fatl� �ryi1W,ttD[r'IYs2 rviRAitiR(e�IiF��tl,�iillxilR�wli'li'.I II.Irf 1 �titY=tiM#tl YY11RY� uffa4�VR�tR.�f r 1 a 1€ 3 Y IR r Yt4pp& A yy t J i ! tPo M ! I1 a }�sgJ � � � � 6E' � pva�' � m a Y��rJ'Y 1 e r�Tr1 1 e r��1r �, 111 its r Ewa ■ = 1 dtl m: s�1:t> i'1 ✓rad r� r ` !aa� V DF','9. . ; � q£J�� e� t �u� t ti aNrc}, �1!�� 1p Timm- 17 �pay�f}e' b- f �= bbl ".T.IN,�:3J�L�m- +l l 1 17 ! 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NONE �i NM� 00- OUR OUR � • � rr ; �tj � ,. #rr 41 io r, N�4 LW ��►` �`Mft ♦♦V4 ♦�a Zo �_ � ��/�._f��I�� tea►`_♦�� _♦�i m 1�j ♦ � � ♦ sm ►�`��i r�AN 1 imp �i ��i��` `•� 1Ima =I i,Pit OEM 111�`ti VMR SM wo "" X11 `1��l1► :: or 0 ttt . - �� -AW • 1 - 1 r op-0, .OVA f t j ROUND ROCK, City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERITY. Agenda Item No. 862. Consider public testimony and an ordinance zoning 41.234 acres of land (also known as Agenda Caption: the Bartz Tract)to Planned Unit Development(PUD) No. 90. (First Reading) Meeting Date: January 26, 2012 Department: Planning and Development Services Department Staff Person making presentation: Peter Wysocki,AICP Planning and Development Services Director Item Summary: This ordinance would establish the original zoning for the property, if the property is annexed by the adoption of the annexation ordinance earlier on this agenda. This Planned Unit Development (PUD) application was originally considered by the Council at the December 1, 2011 Council meeting. The initial request was for a total of 720 apartment units and it was recommended for approval by the Planning and Zoning Commission. At the December 1, 2011 City Council meeting,the Council remanded the PUD back to the Planning and Zoning Commission and directed staff to work with the applicant to reduce the number of apartment units within the PUD. The primary concern and reason for the reduction in apartment units was that the Council felt the area could ultimately have a very high concentration of apartments considering the adjoining Las Brisas apartment complex and the potential of approximately 300 additional apartments on the property west of the PUD which is already zoned Multi-Family. Since the December 1, 2011 Council meeting, staff has diligently worked with the applicant to reduce the number of apartment units Mayor McGraw has also been part of the discussions. As a result, the PUD now proposes the following: * Divide the 41 acre tract into two sections: a 36-acre Multi-Family section and a 5-acre Senior/Townhome section. * A maximum total of 720 dwelling units (counting apartments and townhomes) within the entire PUD, excluding senior group care facility which by nature of the use does not contain "dwellings". * The MF section of the PUD would allow: - Apartments capped at 600 units. - Townhomes. If the townhomes are built per the multi-family standards at a density greater than 12 units per acre, they would count against the 600 cap, but if the townhomes are built per townhome standards and at 12 units per acre or less, they would not count against the 600 cap, but still would count against the 720 maximum number of units. * The SR/Townhome section of the PUD would allow: - Senior group living(e.g.assisted living facility) - Senior housing(e.g.age-restricted townhomes)capped at 12 units per acre - Market-rate townhomes capped at 12 units per acre - No apartments --CONTINUED ON NEXT PAGE-- r ROUNDROCK,TEXAS Ci Council Agenda Summar Sheet PURPOSE.PASSION.PROSPERITY. As with the original proposal, the apartment buildings would be built to standards that exceed the City's current multi-family development standards set forth by City Code in several ways, including the requirement for more stone exterior, additional architectural features, 50% of required parking for apartments located in garages or be covered and a maximum of 28 units in a single building. Townhome City Code standards already require 2-car garages. Please see Sections 6 and 7 of the ordinance for a complete list of development standards. The applicant met with the adjacent Laurel Ridge neighbors and those discussions resulted in requirements which limit balconies on the third floor of apartment buildings facing the neighborhood, establishing a larger building setback from the neighborhood,additional landscaping and a masonry-product wall. The General Plan Future Land Use Map classifies this property as Commercial and Residential, the Commercial classification being on the "lower part" and the Residential "on top of the ridge". The site is adjacent to areas of commercial activity and is near the intersection of two arterial roadways,which meets the location criteria for multi- family according to the General Plan. By approving this PUD, the General Plan would be amended by reclassifying the Commercial part of the property to Residential. Although the the proposal meets the location criteria, it is inconstant with another General Plan land use policy that recommends that the amount of multi-family units be limited to 20% of the housing stock. As reported to the Council at the October 27, 2011 work session, the current percentages are 26% within city limits and 21% within the city limits and the ETJ. As directed by the Council, planning staff is currently working on new multi-family zoning location criteria and development standards. A Traffic Impact Analysis (TIA), which was conducted and approved by staff, concluded that the developer must pay for a portion of a traffic signal at the intersection of Hidden Valley Drive and Sunrise Road and the entire cost of a signal and a right-turn lane on University Boulevard at the driveway entrance to the site. Additionally, in accordance with the City's subdivision ordinance,the developer must also construct the extension of Hidden Valley Drive across the property to connect with Hickox Drive, located in the single family neighborhood to the east. The wastewater system has the capacity to serve the project; however, the developer will be responsible for upsizing sewer lines downstream from the development. The responsibility for these public improvements is defined in a development agreement with the City,which is also on the agenda for consideration if this PUD is approved. The Planning and Zoning Commission recommended approval (8-0 vote) of the revised PUD at its January 18, 2012 special called meeting. Date of Public Hearing(if required): N/A Recommended Action: Approval RECORDED DOCUMENTS FOLLOW IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 2012007784 t 26 PGS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SARA L. WHITE, City Clerk 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-12-01-26-862, which zones 41.234 acres of land to Planned Unit Development (PUD) No. 90. This ordinance was approved and adopted by the Round Rock City Council at a regular meeting held on 26th day of January 2012 and recorded in the City Council Minute Book 59. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 30th day of January 2012. SARA L. WHITE,TRMC, City Clerk 1K p ;�' •; t o `r�` • r r t ORDINANCE NO. l�L'� ��01?>2 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 41.234 ACRES OF LAND OUT OF THE N.B. ANDERSON SURVEY, ABSTRACT NO. 29, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 90. WHEREAS, the City of Round Rock, Texas has recently annexed 41.234 acres of land out of the N.B. Anderson Survey, Abstract No. 29 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 18th day of January, 2012, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 90, and WHEREAS, on the 26th day of January, 2012, after proper notification, the City Council held a public hearing on the proposed original zoning, 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 Sections 46-92, 46-104, and 46-106, Code of 0AwdoASCC1nusW 112\1204\MUNICIPALW02atau.DOGrmc Original Zoning Ordinance 6/06 t Ordinances (2010 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 has hereby determined the Planned Unit Development (PUD) No. 90 meets the following goals and objectives: (1) The development in PUD No. 90 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 90 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 90 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. 90 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 90 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 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 90, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 90 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. 2 I11. 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. READ, PASSED, and ADOPTED on first reading this ZLday of ' 2012. Alternative 2. READ and APPROVED on first reading this the day of , 2012. READ, APPROVED and ADOPTED on second reading this the day of , 2012. 3 ALANTACGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 4 AUSTIN SURVEYORS EXHIBIT P.O.BOX 180243 "A» AUSTIN.TEXAS 78718 2105 JUSTIN LANE#103 (512)454-6605 Accompmiment for plat 1752-1 FIELD NOTES FOR 41.234 ACRES All that certain tract or parcel of land situated in the N.B. Anderson Survey, A-29, in Williamson County, Texas and being a part of a 101.37 acre tract and a 19.44 acre tract of land described in Document #2006016210 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found in the intersection of the Southeast right-of-way line of University Boulevard(County Road#114)and the East line of the above mentioned 101.37 acre tract, in the Northwest comer of a tract of land called 21.81 acres conveyed to CAAP. L.P. in Document No. 2008011241 of the above mentioned Official Records for the Northeast comer of this tract.. THENCE S 03043'27" E with the east line of the said 101.37 acre tract 738.67 .feet to an iron pin found for an angle point of this tract. THENCE S 0304923" E with the East line of the said 101.37 acre tract 460.97 feet to an iron pin found in the Southwest comer of the above mentioned 21.81 acre tract and the Northwest comer of Laurel Ridge Section Two recorded as Document No. 9747663 in the said Official Records for an angle point of this tract. THENCE S 04010'40" E with the East line of the said 101.37 acre tract 516.75 feet to an iron pin found in the Southwest comer of the above mentioned Laurel Ridge Section Two and the Northwest corner of Laurel Ridge Section Six as recorded in Document No. 9907224 of the said Official Records for an angle point of this tract. THENCE S 04008'56" E with the East line of the said 101.37 acre tract 283.49 feet to an iron pin found for an angle point of this tract. THENCE S 04008'03" E with the East line of the said 101.37 acre tract at approximately 188.5 feet pass the Southeast comer of the said 101.37 acre tract and the North corner of the 19.44 acre tract and continue for a total of 367.90 feet to an iron pin found in the most Northeast comer of Lot 1 in Block A of Chandler Sunrise Subdivision as recorded in Cabinet DD, Slide 118 of the Plat Records of Williamson County, Texas for the Southeast comer of this tract. THENCE S 77057'06"W 848.53 feet to an iron pin found in an interior comer of the above mentioned Lot 1 Block A for the Southwest comer of this tract. THENCE N 17039'28"W at 419.83 feet pass an iron pin found in the East comer of Lot 1 in Block B of Oakmont Crossing Section One as recorded in Cabinet K Slide 312 of the Plat Records of Williamson County,Texas and continue for a total of 704.25 feet to an iron pin found in an angle point of the above mentioned Lot 1 Block B for an angle point of this tract. 41.234 ACRES PAGE 2 OF 2 THENCE N 09014'12"W 1166.18 feet to an iron pin set in the intersection of the East line of the said Lot 1 Block B and the curving Southeast right-of-way line of University Boulevard (County Road#114) for the Northwest corner of this tract. THENCE with the Southeast line of University Boulevard with the arc of a curve to the left 147.63 feet, said curve having a radius of 2112.42 feet, a central angle of 04°00'15", and a sub-chord which bears N 68°28'52" E 147.60 to an iron pin set on the west line of a 7.4 acre tract of land described in Document No. 2008069340 of the said Official Records for a reentrant comer of this tract. THENCE S 19010'13" E 208.06 feet to an iron pin found in the South comer of the above mentioned 7.4 acre tract for an angle point of this tract. THENCE N 72020'16" E 891.88 feet to an iron pin found in the Southeast comer of the said 7.4 acre tract for an angle point of this tract. THENCE N 03033'51" W 558.40 feet to an iron pin set in the intersection of the curving Southeast right-of-way line of University Boulevard (County Road#114)and the East line of the said 7.4 acre tract for an angle point of this tract. THENCE with the Southeast line of University Boulevard with the arc of a curve to the right 56.20 feet, said curve having a radius of 1955.00 feet, a central angle of 01°38'50", and a sub-chord which bears N 55°49'22" E 56.20 feet to the POINT OF BEGINNING containing 41.234 acres of land or 1796135 square feet of land,more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during June of 2011 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title to Duke,Inc. Any use of this description by any person for any other purpose is expressly prohibited. T � �P G Claud . Hinkle,Jr. R.P.L.S. No. 4629 CLAUDE F.HINKLE JR. r'. 4629 AUG 3 0 2011 Date 1752.doc EEXHIBIT „B„ DEVELOPMENT PLAN BARTZ PLANNED UNIT DEVELOPMENT NO. 90 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan') is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Michael Lynn Bartz and Susan Kay Bartz McLaughlin, their respective successors and assigns; provided, however, upon sale, transfer or conveyance of portions of the hereinafter described property, the duties and obligations of the Owner, as it relates to the respective property, shall be assumed by the new owner, and the Owner shall have no further liability relating to their respective property. WHEREAS, the Owner is the owner of certain real property consisting of 41.234 acres,as more particularly described in Exhibit "A", (herein after referred to as the "Property") attached hereto and made a part hereof;and WHEREAS, the Owner has submitted a request to the City to rezone the Property as a Planned Unit Development(the"PUD");and WHEREAS, pursuant to Section 46-106 of the Round Rock City Code, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD,which Development Standards are contained in Section II of this Plan;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 January 18, 2012, the City's Planning and Zoning Commission recommended approval of the Owner's application for a PUD; and WHEREAS, the City Council has reviewed the proposed Plan 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: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section 11.13 below are followed. 3. ZONING VIOLATION Owner understands that any person,firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1.9, Code of Ordinances, City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1. Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2. Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for an action shall be in Williamson County. Y �' 4.3. Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning,or as defined in the Round Rock City Code, as amended,hereinafter referred to as"the Code." 2. PROPERTY This Plan covers approximately 41.234 acres of land,located within the city limits of Round Rock,Texas,and more particularly described in Exhibit"A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements,2)is in harmony with the General Plan, as amended, 3) 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 welfare,4)is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 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 the MF (Multifamily), TH Townhouse and SR Senior zoning districts and other sections of � Y)� (Townhouse) (Senior) g the Code,as applicable, and as amended. If there is a conflict between this Plan and the Code,this Plan shall supersede the specific conflicting provisions of the Code. 4.2. Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. TOTAL NUMBER OF RESIDENTIAL UNITS The maximum number of residential units on the Property shall not exceed 720. 6. DEVELOPMENT STANDARDS FOR MULTIFAMILY RESIDENTIAL (MF) DISTRICT AREA 6.1. A Multifamily Residential(MF) District Area is created and indicated on Exhibit "B". Within the MF District Area, the MF District zoning regulations will govern unless as otherwise provided in this Plan. 6.2. Permitted Uses. a) All uses contained in the MF (Multifamily) zoning district, as described in Section 46-140 of the Code,as amended, shall be permitted. b) All uses contained in the TH (Townhouse) zoning district, as described in Section 46-139 of the Code,as amended,shall be permitted. c) A TH (Townhouse) use shall be governed by the TH (Townhouse) district regulations, as contained in Section 46-139 of the Code, as amended, except that (i) the density limit shall be 20 units per acre and (ii) such standards are amended as provided in Section 6 of this Plan. To the extent of conflict with the Code, this Plan controls. 6.3. The maximum number of multifamily residential units shall not exceed 600. If however, townhouses are constructed in the MF District Areas at a density of greater than 12 units per acres, then those townhouses shall be counted against the 600 unit limit. 6.4. The maximum number of multifamily residential units per building shall not exceed twenty-eight(28). 6.5. Compatibility-Multifamft uses Compatibility regulations in the Code between uses in the MF District Area and the SR/TH District Area within the Property shall not be applicable. 6.6. Garage Parking-Multifamily No less than 50% of the multifamily residential units shall be required to have parking within covered parking areas or garages. Detached garages shall be constructed of the same exterior materials and include a similar roof pitch to the Pr3' rima residential structures. 4 6.7. Amenity Centers-Multifamily uses An Amenity Center and a swimming pool shall be provided for each of the two (2)phases of the multifamily residential development. 6.8. Building Exterior Finish and Design Features- Multifamily uses a) The required masonry exterior finish on the first floor of all multifamily residential buildings shall consist of seventy-five (75) percent brick or natural stone,not to include simulated stone. b) The following special design features shall be incorporated in the design of each multifamily residential building, as generally depicted on the attached Exhibit „C i) Shutters; ii) Arched entry,balcony or breezeway entrance; iii) Stone or brick accent wall; iv) Veranda,terrace, porch or balcony; v) Projected wall or dormer,and vi Variation of roof lines on the building. g 6.9. Setbacks and Balconies -Multifamily and Townhouse uses a) All multifamily and townhouse residential buildings shall be set back eighty (80) feet from the eastern boundary of the Property when adjacent to single family zoned property. No storage buildings, electrical/mechanical equipment rooms or garbage collection areas shall be allowed within the eighty(80)foot setback. b) On the east side of all multifamily and townhouse residential buildings located within one-hundred fifty (150) feet of the eastern boundary of the Property when adjacent to single family zoned property, balconies on the third story shall be prohibited. 6.10. Building Height-Multifamily and Townhouse uses a) Multifamily and townhouse residential buildings shall be a maximum of three stories in height, unless the first level includes a walk out basement as generally depicted on Exhibit "C" in which case the building height shall be a maximum P � g g of four stories. 5 b) Multifamily and townhouse residential buildings which include a walk out basement as described above shall be set back a minimum of 225 feet from the eastern boundary of the Property. The walk out basement facade shall not face the eastern boundary of the Property. 6.11. Landscaping and Screening-Multifamily and Townhouse uses a) The landscape buffer in the additional setback required in the MF (Multi-Family) zoning district, Section 46-140 (c)(2), shall contain the following minimum quantity of landscaping, based on the linear footage that exists along the length of the southern and western property lines, except where the property line abuts a public street: i) One large species tree per fifty (50) linear feet;and ii) One medium species tree per thirty(30) linear feet; and iii) One small species tree per fifteen(15) linear feet; iv) Seventy-five percent (75%) of all tree species shall be of an evergreen species. b) Attached garage doors for multifamily and townhouse residential buildings may face Hidden Valley Drive however in no case shall more than six (6) garage doors be located adjacent to one another. C) Facing Hidden Valley Drive,there shall be no more than twenty (20) consecutive parking spaces in the street yard without an interrupting island containing a large species tree. Tree islands shall have a minimum width of nine feet(9') from face of curb to face of curb. 6.12. Compatibility Buffer and Fencing - Multifamily and Townhouse uses a) The required compatibility buffer fence shall be a eight-foot (8') masonry wall installed along the eastern Property boundary along adjacent residentially zoned property. Required trees adjacent to residentially zoned property shall be a minimum of six (6) feet in height at time of planting. Provisions shall be made for "tie in" to existing perpendicular fencing of single family lots to maintain continuous fenced yard conditions. b) The required compatibility masonry wall shall not be installed along the boundary with Lot 10, Block E of the Laurel Ridge Section 6 Subdivision. The masonry wall shall turn westward into the Property before turning southward to terminate at the southern Property boundary line. 6 C) All trees shall be planted in a pervious area no less than four feet(4')wide in any direction measured from the center of the tree,unless otherwise stated herein. d) The pervious area around all required trees in landscape buffers, tree islands, perimeter parking lot landscape areas and compatibility buffers shall not include sod or turf grass and shall consist of no more than fifty percent(50%) decorative ground cover material, including decomposed granite, crushed granite gravel, river rock, pea gravel, tumbled glass, and bark mulch, unless approved by the Zoning Administrator. The remainder of the pervious area around the tree as described in Section 5.10(c) must consist of live plant material with a low and spreading growth habit that can easily be maintained at a height of 6" to 12" and is intended to completely cover the ground surface when fully grown. e) At least 80% of the required shrubs shall be native or adapted species, as approved by the Zoning Administrator. Up to 20% of the shrubs may be of a non-preferred variety as long as they are grouped together in a suitable area and can be irrigated. f) Drip irrigation for groundcovers, shrubs and trees shall be utilized in the irrigation plan, unless otherwise approved by the Zoning Administrator. Turf grass areas are not required to be irrigated with drip irrigation. g) In areas where turf is used, a drought tolerant species will be used, subject to the approval of the Zoning Administrator. No St. Augustine grass shall be allowed. 6.13. Existing Trees-Multifamily and Townhouse a) The existing trees indicated on Exhibit "D" shall be retained as a part of the site landscaping plan. b) Developer shall use commercially reasonable efforts to preserve any healthy existing trees along the eastern boundary line adjacent to the single family zoned property unless construction of the masonry wall as described in Section 5.10(a) prevents preservation. Should any such healthy existing trees in this area not be preserved, an evergreen tree of a type considered to be fast growing to provide shade and screening that is at least ten(10) feet in height at time of planting shall be planted to replace the tree removed. 7. DEVELOPMENT STANDARDS FOR SENIOR HOUSING (SR) / TOWHNHOUSE (TH) DISTRICT AREA 7.1. A Senior Housing (SR)/Townhouse (TH) District Area is created and indicated on Exhibit "B". Within the SR/TH District Area, the SR or the TH District zoning regulations will govern(as applicable)unless as otherwise provided in this Plan. 7 7.2. Permitted Uses. a) All uses contained in the SR (Senior Housing) zoning district, as described in Section 46-152 of the Code,as amended,shall be permitted. b) A Group Living(Senior)use shall be permitted as follows: i) A residential facility providing 24-hour care in a protective living arrangement for residents 62 years of age or older and supervisory personnel. Typical uses include assisted living facilities, congregate living facilities, independent living and nursing homes. ii) The facility must comply with the State of Texas licensing requirements and are limited to facilities that function as senior housing. c) All uses contained in the TH (Townhouse) zoning district, as described in Section 46-139 of the Code, as amended,shall be permitted. d) A TH (Townhouse) use shall be governed by the TH (Townhouse) district regulations, as described in Section 46-139 of the Code, as amended, except that the maximum height shall be three(3) stories. e) A Group Living (Senior) use shall be governed by the PF-3 (Public facilities-high intensity) district regulations, as described in Section 46-151 of the Code, as amended. f) Apartments (Senior) and Townhouses (Senior) uses, as described in Section 46- 152 of the Code,as amended,are allowed three (3)stories in height. 7.3. Compatibility. Compatibility regulations in the Code between uses in the MF District Area and the SR/TH District Area within the Property shall not be applicable. 7.4. Landscaping and Screening a) All trees shall be planted in a pervious area no less than four feet(4') wide in any direction measured from the center of the tree,unless otherwise stated herein. b) The pervious area around all required trees in landscape buffers, tree islands, perimeter parking lot landscape areas and compatibility buffers shall not include sod or turf grass and shall consist of no more than fifty percent (50%) decorative ground cover material, including decomposed granite, crushed granite gravel, river rock, pea gravel, tumbled glass, and bark mulch, unless approved by the Zoning Administrator. The remainder of the pervious area around the tree as described in Section 6.6(a) must consist of live plant material with a low and 8 spreading growth habit that can easily be maintained at a height of 6" to 12" and is intended to completely cover the ground surface when fully grown. c) At least 80% of the required shrubs shall be native or adapted species, as approved by the Zoning Administrator. Up to 20% of the shrubs may be of a non- preferred variety as long as they are grouped together in a suitable area and can be irrigated. d) Drip irrigation for groundcovers, shrubs and trees shall be utilized in the irrigation plan, unless otherwise approved by the Zoning Administrator. Turf grass areas are not required to be irrigated with drip irrigation. e) In areas where turf is used, a drought tolerant species will be used, subject to the approval of the Zoning Administrator. No St. Augustine grass shall be allowed. 7.5. Existing Trees a) The existing trees indicated on Exhibit "D" shall be retained as a part of the site landscaping plan. b) Developer shall use commercially reasonable efforts to preserve any healthy existing trees along the eastern boundary line adjacent to the single family zoned property unless construction of the masonry wall as described in Section 5.10(a) prevents preservation. Should any such healthy existing trees in this area not be preserved, an evergreen tree of a type considered to be fast growing to provide shade and screening that is at least ten(10)feet in height at time of planting shall be planted to replace the tree removed. 8. SIGNAGE The Property may have two (2) monument signs at the entrance on University Boulevard and one (1) monument sign at the entrance on Hidden Valley Drive. Each sign shall be no larger than fifty (50) square feet and no higher than five (5) feet. Signs may be no higher than seven (7) feet in order to be visible above landscape plantings, upon approval of the Zoning Administrator. 9. TRANSPORTATION 9.1. The City Transportation Services Department has approved a Traffic Impact Analysis including any amendments or addendums, the ("TIA") for the Plan. Compliance with the requirements of the TIA is required. Any changes in the proposed land uses or their intensity shall require that a revision to the TIA be submitted for review and approval by the City. 9 9.2. Hidden Valley Drive shall be connected from east to west, as described in a Development Agreement to be approved by the Owner and the City. 10. GENERAL PLAN 2010 This Development Plan amends the Round Rock General Plan 2020,which was adopted on July 22,2010. 11. DEVELOPMENT PROCESS This Plan serves as the Concept Plan required by the Code and approval of this Plan substitutes as a Concept Plan approval. Utility, drainage and other infrastructure information required by the Code are not approved with the approval of this Plan. Subsequent review and approval by the City of this infrastructure information shall be necessary. As required by City Code, the Owner shall be required to complete the remaining steps in the City's development process. This may include subdivision platting and site plan review. The subdivision platting process includes a Preliminary Plat and a Final Plat. A site development plan must be approved. No site development plan approval on the Property shall be granted until a Final Plat is recorded. No building permit on the Property shall be issued until the site development plan is approved by the Development Services Office. 12. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines that are three phase or larger, shall be placed underground. This requirement shall not apply to existing overhead lines. 13. CHANGES TO DEVELOPMENT PLAN 13.1. Minor Changes Minor changes to this Planwhich do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the City Engineer, the Director of Planning and Community Development, and the City Attorney. 13.2. Major Changes All changes not permitted under section 13.1 above shall be resubmitted following the same procedure required by the original PUD application. 10 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit"A" Legal Description of Property Exhibit"B" Land Use District Areas Exhibit"C" Building Height and Design Features Exhibit"D" Existing Trees 11 EXHIBIT "A" AUSTIN SURVEYORS P.M BOX Isa243 AUSTIN,TEW 78718 2105 JUSTIN LANE 11103 (512)454.6605 Accompaniment for plot 1752-1 FIELD NOTES FOR 41.234 ACRES All that certain tract or parcel of land situated in the N.B.Anderson Survey,A-29, in Williamson County, Texas and being a part of a 101.37 acre tract and a 19.44 acre tract of land described in Document #2006016210 of the Official Records of Williamson County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a capped iron pin found in the intersection of the Southeast right-of-way line of University Boulevard(County Road#114)and the East line of the above mentioned 101.37 acre tract,in the Northwest corner of a tract of land called 21.81 acres conveyed to CAAP.L.P.in Document No.2008011241 of the above mentioned Official Records for the Northeast comer of this tract.. i THENCE S 03°4327"E with the east line of the said 101.37 acre tract 738.67.feet to an iron pin found for an angle point of this tract. THENCE S 0304923"E with the East line of the said 101.37 acre tract 460.97 feet to an ironP in found in the Southwest comer of the above mentioned 21.81 acre tract and the Northwest comer of Laurel Ridge Section Two recorded as Document No. 9747663 in the said Official Records for an angle point of this tract. THENCE S 04°10'40"E with the East lisle of the said 101.37 acre tract 516.75 feet to an iron pin found in the Southwest comer of the above mentioned Laurel Ridge Section Two and the Northwest comer of Laurel Ridge Section One as recorded in Document No. 9907224 of the said Official Records for an angle point of this tract. THENCE S 04°08'56"E with the East line of the said 101.37 acre tract 283.49 feet to an iron pin found for an angle point of this tract. THENCE S 04°08'03"E with the East line of the said 101.37 acre tract at approximately 188.5 feet pass the Southeast corner of the said 101.37 acre tract and the North comer of the 19.44 acre tract and continue for a total of 367.90 feet to an iron pin found in the most Northeast comer of Lot 1 in Block A of Chandler Sunrise Subdivision as recorded in Cabinet DD,Slide 118 of the Plat Records of Williamson County,Texas for the Southeast comer of this tract. THENCE S 7705T06"W 848.53 feet to an iron pin found in an interior comer of the above mentioned Lot 1 Block A for the Southwest comer of this tract. THENCE N 1703928"W at 419.83 feet pass an iron pin found in the East comer of Lot 1 in Block B of Oakmont Crossing Section One as recorded in Cabinet H,Slide 312 of the Plat Records of Williamson County,Texas and continue for a total of 704.25 feet to an iron pin found in an angle point of the above mentioned Lot 12 Block B for an angle point of this tract. 12 41.234 ACRES F. I I "A" PAGE 2 OF 2 THENCE N 09014'12"W 1166.18 feet to an iron pin set in the intersection of the East line of the said Lot 1 Block B and the curving Southeast right-of-way time of University Boulevard (Courrty Road#114) for the Northwest corner of this tract. THENCE with the Southeast line of University Boulevard with the arc of a curve to the left 147.63 feet,said curve having a radius of 2112.42 feet,a central angle of 04'00'15",and a sub-chord which bears N 68°28'52"E 147.60 to an iron pin set on the west line of a 7.4 acre tract of land described in Document No.2008069340 of the said Official Records for a reentrant corner of this tract. THENCE S 19°10'13"E 208.06 feet to an iron pin found in the South comer of the above mentioned 7.4 acre tract for an angle point of this tract. THENCE N 72°20'16"E 891.88 feet to an iron pin found in the Southeast corner of the said 7.4 acre tract for an angle point of this tract. THENCE N 03033'51"W 558.40 feet to an iron pin set in the intersection of the curving Southeast right-of-way line of University Boulevard (County Road#114)and the East line of the said 7.4 acre bad for an angle point of this tract. THENCE with the Southeast line of University Boulevard with the arc of a curve to the right 56.20 fed,said curve having a radius of 1955.00 feet,a central angle of 01°38'50", and a sub-chord which bears N 55°49'22"E 56.20 feet to the POINT OF BEGINNING containing 41.234 acres of land,more or less. I, Claude F.Hinkle,Jr.,a Registered Professional Land Surveyor,do hereby certify that these field notes were prepared from an on-the-ground survey made under my supervision during June of 2011 and are correct to the best of my knowledge and belief. These field notes were prepared for a transfer of title to Duke,Inc. Any use of this description by any person for any other purpose is expressly prohibited. /z,- Cla—ua6+.Hinkle,Jr. R.P.L.S. 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"'Iil06 i0# "�i69i>el i#la1 i6 ''OAWaiffi '7b�9f 06'' 9.19 iR! ♦ _.�, ;a t . r EXHIBIT"D" - N �a� e L tr VV I Ip +i IIS R; t.. +rr� RECORDERS MEMORANDUM 16 All or part of the text on this page was not clearly legible for satisfactory recordation `►/�� ►fit �� ,� ��:�s�� ,�'► �►iii � ��• • oil vp PAW low Its k _•' ��`#1■ � t►` �►'� �► t�►1 t�� fit•• M. ,� �Ijf �, Iii,.►, .►,►�` �� long ONO Ims Noe IV W ma ILL �� •��' ''ins "�•► •• �t�� 1��' ��t�,�j t19� $fAL ► �11 ,ate � NN 1Sj,.:?,�1 ,.�' �'• '+�.- "`��'`� {� -L,t. t' `at rwf tr'`~4�• 'j '� t _P .T. r' � v . ` � 'k8 5� � ..n td �'.�� ,#•f 7T�':r�.� .`k.Y ,`4:��!�, -1'�` . A y _11�� T �°�/t�. e .A r '.��•Ra - .. '� fP. n`t'N 7,,Ilk- No g_ _ � � ' �� :�l req �q� . 3,:. Gi'��'7'i.1....At.� �_��•� � v. Wl - r Ts NP if ' 44 �!- 44.1 t X''� 6kvi;Olt, FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2012007784 02/02/2012 01:07 PM KFOSTER $132.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS j Y - .. ,..P q..:. P w`Pn 4CL t rty 2M4