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Z-12-07-26-H1 - 7/26/2012 I { k ORDINANCE NO. 12' AN ORDINANCE AMENDING ORDINANCE NO. Z-99-01-28-9A2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 28, 1999, BY ADOPTING THIS AMENDMENT NO. 2 TO THE DEVELOPMENT PLAN OF PUD NO. 35, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on January 28, 1999, the City Council of the City of Round Rock, a Texas, adopted Ordinance No. Z-99-01-28-9A2, which established PUD No. 35, and WHEREAS, on September 22, 2005, the City Council of the City of Round Rock adopted Ordinance No. Z-05-09-22-13E1, amending PUD No. 35 regarding drive-thru automated teller machines, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas, to amend the Development Plan of PUD No. 35, and i WHEREAS, the Planning and Zoning Commission held a public hearing concerning this Amendment No. 2 to Ordinance No. Z-99-01-28-9A2 on the 20th day of i June, 2012, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z-99-01-28- 9A2 be amended, and WHEREAS, on the 26th day of July, 2012, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z-99-01- 28-9A2 and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z-99-01-28-9A2 promotes the health, safety, morals and general welfare of the community, and O:\wdox\SCCInt Ol 12\1204\MUNICIPAL\00254314.DOC c r i k WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter I A., Texas Local Government Code, and Sections 46-92 and 46-106, Code of E i Ordinances, 2010 Edition, City of Round Rock, Texas concerning public notices, I 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: L That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #35 meets the following goals and objectives: (1) The amendment to P.U.D. #35 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #35 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #35 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 Exhibit `C', Section I of the Development Plan of PUD No. 35, as approved in Ordinance No. Z-99-01-28-9A2 and amended in Ordinance No. Z-05-09-22-13E1, is hereby deleted in its entirety, and replaced with a new Section I, which shall read as follows: 1. DEVELOPMENT AREAS a. Tract One: Tract One shall comprise all property within the PUD south of Park Valley Drive. 2 gg I b. Tract Two: Tract Two shall comprise all property within the PUD north of Park Valley Drive, with the exception of Tract 2-A and Tract 2-B, as described below. c. Tract 2-A: Approximately 3.384 acres of land more particularly described in Exhibit "A-1" d. Tract 2-B: Approximately 2.471 acres of land more particularly described in Exhibit "A-2". IIL That Exhibit 'D' of the Development Plan of PUD No. 35, as approved in Ordinance No. Z-99-01-28-9A2 and amended in Ordinance No. Z-05-09-22-13E1, is hereby amended to include the following: PERMITTED USES AND DEVELOPMENT STANDARDS TRACTS 2-A AND 2-13 1. APPLICATION OF STANDARDS In accordance with Chapter 46-156 of the Round Rock Code of Ordinances, as amended, the following use regulations, design standards and development standards shall apply to all development on the portions of the Property identified as Tracts 2-A and 2-B, as described in Exhibits "A-1" and "A-2". 2. 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." 3. PROPERTY This Plan covers approximately 5.86 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibits "A-1" and "A-2" (the "Property"). 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 SF-2 (Single Family - Standard Lot), TH (Townhome) or OF (Office) zoning districts and other sections of the Code, as 3 applicable, and as hereafter amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. i 4.2.Other Ordinances s F All other Ordinances within the Code, as hereafter 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. 5. PERMITTED USES - Tract 2-A The following principal uses are permitted: a) All land uses allowed in the SF-2 (Single Family - Standard Lot) zoning district; or b) All land uses allowed in the TH (Townhome) zoning district; or c) All land uses allowed in the OF (Office) zoning district, including one (1) Day Care, with a maximum of 14,000 square feet of floor area. d)The requirement in Section 46-160 (i)(2)(e) for a Special Exception for a Day Care of greater than 10,000 square feet shall not apply. 6. PERMITTED USES - Tract 2-B The following principal uses are permitted: a) All land uses allowed in the SF-2 (Single Family - Standard Lot) zoning district; or b) All land uses allowed in the TH (Townhome) zoning district; or c) All land uses allowed in the OF (Office) zoning district, with the exception of Daycare. 7. DRIVEWAY TREE PLANTING The existing driveway for the Park Valley Assisted Living, identified as "Driveway B" on Exhibit "E" , shall contain large species trees with a minimum caliper of four inches (4"), planted thirty feet (30') on center, excluding driveway locations , as shown on the Site Development Plan approved by the City on April 14, 2011. 8. COMPATIBILTY BUFFER a) No compatibility buffer or fencing shall be required between OF (Office) and SF-2 (Single Family - Standard Lot) or TH (Townhome) uses within the boundaries of the Property. b) No compatibility buffer or fencing shall be required between the uses within the boundaries of the Property and the abutting uses within Tract 2 of Planned Unit Development (PUD) 35. 4 i 9. SIDE SETBACKS Side setbacks for all applicable platted lots shall be measured from the I curb line of the existing"Driveway B" referenced in Section 7 above. 10. ACCESS Access to the Property shall be provided from: a) The future "Driveway A" identified on Exhibit "E" b) The existing "Driveway B" identified on Exhibit "E"; and c) The existing"Driveway C" on Park Valley Drive identified on Exhibit "E". 11. NON-RESIDENTIAL LOT CONFIGURATION All non-residential lots shall have a minimum frontage width of 50 feet along Wyoming Springs Drive. This minimum width shall extend to the depth of the front setback, as established by Chapter 46 of the Code, as amended. IV. That Exhibit "A" is hereby revised to include Exhibit A-1 and Exhibit A-2, as attached hereto and incorporated herein. V. That Exhibit "E", as attached hereto and incorporated herein, is added to the Development Plan of PUD No. 35. VI. 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. 5 I { 7 Alternative 1. $ i 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 i days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of ,t 12012. 3 Alternative 2. READ and APPROVED on first reading this the day of , 2012. i READ, APPROVED and ADOPTED on second reading this the day of , 2012. A MCGRAW, Mayor City of Round Rock, Texas ATTEST: , SARA L. WHITE, City Clerk 6 EXHIBIT j "A-1" 3.384 ACRES FN NO, 11-337 (KWA) k PORTION OF LOT 2, BLOCK "A" OCTOBER 5, 2011 PARK VALLEY BPI JOB NO. R104170--10002 DESCRIPTION OF A 3.384 ACRE TRACT OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK "A", FINAL PLAT OF PARK VALLEY ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2011024845 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3. 384 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the curving easterly right-of-way line of Wyoming Springs Drive (120' R.O.W. ) , being the northwesterly corner of Lot 1, Block "A" Wyoming Springs Medical ' Clinic Addition, a subdivision of record in Cabinet R, Slides 274- 276 of the Plat Records of Williamson County, Texas, for the southwesterly corner of said Lot 2 and hereof; THENCE, along said easterly right--of-way line of Wyoming Springs Drive, being the westerly line of said Lot 2 and hereof, along a curve to the left, having a radius of 985.41 feet, a central angle of 08011144", an arc length of 140. 95 feet and a chord which bears, N00°14'09"E, a distance of 140.83 feet to the northwesterly corner hereof; THENCE, N69024119"E, leaving said easterly right-of-way line of Wyoming Springs Drive, over and across said Lot 2, for the northerly line hereof'.'... a distance of 454.37 feet to a point in the westerly ___..-..... line of said Lot 1,. Block "A" Final Plat of Park Valley Assisted --Living Subdivision',-• being the'- easterly -line of said Lot 2, for the northeasterly" cornet' hexeof, from which a 1/2 inch iron rod with cap _northeasterly-corner of said 'Lot 2 bears N20°37' 14"W, a distance of 266.16 feet; THENCE, S20°37114"E, along the westerly line of said Lot 1 Block "A" Park Valley Assisted Living Subdivision, being the easterly line of said Lot 2 and hereof, a distance of 466.81 feet to a 1/2 inch iron rod with cap set in the northerly line of said Lot 1, Block "A" Wyoming Springs Medical Clinic Addition, being the southerly line of said Lot 2, for the southeasterly corner hereof; THENCE, N77000115-VI, along the northerly line of said Lot 1, Block "A" Wyoming Springs Medical Clinic Addition, being the southerly line of said Lot 2, for the southerly line hereof, a distance of 605.83 feet to the POINT OF BEGINNING containing an area of 3.384 acres (147, 423 sq. ft. ) of land, more or less, within these metes and bounds. THE BASIS OF BEARINGS SHOWN HEREON IS THE TEXAS COORDINATE SYSTEM, NAD 83 (93) , CENTRAL ZONE, UTILIZING CITY OF ROUND ROCK CONTROL NETWORK MONUMENTS: 01-002, 01-003 AND 01-030 AS PUBLISHED ON THE DATE OF THIS SURVEY. OF.TF �QC' Eq�41 �y BURR & PARTNERS, INC. fa * - %N ENGINEERS-SURVEYORS MARK Je K Uff Iff JEZlSBK 1.,.........1............. 221 WEST SIXTH STREET, SUITE 600 R.P.L.S. 0. 5267 i� 5267 AUSTIN, TEXAS 78701 STATE OF TEXAS <��'90FEss��:• .3 U Fi. i i $F i LEGEND 1 0 75 150 300 • 1/2" IRON ROD FOUND i SCALE: 1"= 150' 0 1/2" IRON ROD WITH CAP SET apo P.O.S. POINT OF BEGINNING 35 0�� FIELD BLOCK `E' (ftoa4 E AKCR EK S BD)VI ION S 0710 TWO 34 CA NET fl'. S IDES 48--2 7 31 30 29 28 27 25 25 24 23 W 33 32 22 21 20 18 18 O 17 16 4C q[co N o BLOCK 'E 15 } Z 4 �N d. OAKCREEK SUBDIVISION -- SECTION LOT 2, LOT 1 , CABINET H BLOCK " " N BLOCK "A° SLIDES z 1 a-220 A 14 z N69'24'19"E 454.37' r 13 3.384 ACRES ANAL PLAT 0r PARK VALLEY ROAL (147,423 SQ. FT.) ASSISTED LIVING SUBDIVISION 5 F DOC. N0. .2011024845 THE AMENDED PLAT OF LCT 5, 6, 7, 8, 9, 10, 11, 12 13 AND f 4 O0. � OF S� srER•.-f- BLOCK A, OAKLANDS, 6 SECTION FOUR f � to ........... ', CABINS N, LOT f BLOCK 'A' MARK JERRY JEZISEK SLIDES 355- 356 ...... ...................... WYOMING SPRINGS E287 .�� MEDICAL :9 CLINIC ADDITION CABINET R, SLIDES 274-276 i ] BLO 'A' 2 PARK VA LEY OAKS SUBD VISJON 14 CABINET z, S 1D>~9 244--245 CURVE TABLE No. Delta Radius Arc Length Chord Length Chord Bearing C1 8'11'4 " 985.41 1140.95 140.83 NOO'14'09"E C2 13'48'25" 985.41 237.46 236.89 N10'45'56"W SKETCH TO ACCOMPANY DESCRIPTION Bury+Partners OF 3.384 ACRES OF LAND OUT OF THE JACOB M. HARRELL E N O I N E E R!N o s o t U TI o N s SURVEY, SITUATED IN WUAMSON COUNTY, TEXAS, BEING A pREVARI�IN 221 Deet Sixth street,Suite coo PORTION OF LOT 2, BLOCK "A', FINAL PLAT OF PARK VALLEY AusUo,Texas 78761 ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN Tel.(612)328-6011 Fax(612)328-0326 DOCUMENT N0, 2011024845 OF THE OFFICIAL PUBLIC RECORDS suryH'ertnere,Ine.capyright 2611 OF MALLIAMSON COUNTY, TEXAS. r I DATE: 10/05/11 FILE:H:\104170\002\104170002EX3.D14G FN No.:FN11-337(KWA DRANM BY: KV1A PROJ. No: 8010417010002 i i EXHIBIT "A-2" i 2.471 ACRES FN NO, 11-338 (KWA) I PORTION OF LOT 2, BLOCK "A" OCTOBER 5, 2011 PARK VALLEY BPI JOB NO. R104170-10002 DESCRIPTION OF A 2.471 ACRE TRACT OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK "A", FINAL PLAT OF PARK VALLEY It ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2011024845 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2. 471 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the curving easterly t right-of-way line of Wyoming Springs Drive (120' R.O.W. ) , being the the most westerly southwest corner of Lot 1 of said Final Plat of Park Valley Assisted Living Subdivision, for the northwesterly corner of said Lot 2 and hereof; THENCE, leaving said easterly right--of-way line of Wyoming Springs Drive, along a portion of the westerly line of said Lot 1, being the northerly line of said Lot 2 and hereof, the following two (2) courses and distances: 1) N64008143"E, a distance of 254 .03 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N66°02' 14"E, a distance of 161. 13 feet to a 1/2 inch iron rod with cap set at an angle point in the westerly line of said Lot 1, for the northeasterly corner of said Lot 2 and hereof; THENCE, S20037114"E, along the westerly line of said Lot 1, being the easterly line of said Lot 2 and hereof, a distance of 266. 1.6 feet' to a 1/2 ' inch iron rod with cap set for the southeasterly corner hereof; THENCE, S69024119"W, leaving the westerly line of said Lot 1, over and across said Lot 2, for the southerly line hereof, a distance of z 454.37 feet to a point in the curving easterly right--of-way line of Wyoming Springs Drive, being the westerly line of said Lot 2, for the southwesterly corner hereof; THENCE, along said easterly right-of-way line of Wyoming Springs Drive, for the westerly line of said Lot 2 and hereof, along a curve to the left having a radius of 985.41 feet, a central angle of 13048125", an arc length of 237.46 feet and a chord which bears, N10°45'56"W, a distance of 263. 89 feet to the POINT OF BEGINNING containing an area of 2.471 acres (107, 647 sq. ft. ) of land, more or less, within these metes and bounds. i THE BASIS OF BEARINGS SHOWN HEREON IS THE TEXAS COORDINATE SYSTEM, NAD 83 (93) , CENTRAL ZONE, UTILIZING CITY OF ROUND ROCK CONTROL NETWORK MONUMENTS: 01--002, 01-003 AND 01-030 AS PUBLISHED ON DATE OF THIS SURVEYOF . BURY & PARTNERS, INC. «. ENGINEERS--SURVEYORS MARK J. K • • • fi'�'J6ZISEK 221 WEST SIXTH STREET, SUITE 600 R.P.L.S. WY-._ 5267 5267 V; AUSTIN, TEXAS 78701 STATE OF TEXAS �y0 Frss�°, >� <` su � i f LEGEND 0 75 150 300 ® 1/2" IRON ROD FOUND SCALE: 1"= 150' O 1/2" IRON ROD WITH CAP SET ' P.O.B. POINT OF BEGINNING cP 35 �oy�l F11:11)WiK DRIVE BLOCK *0 .w1 AKCR EK 8 BDJVI ]ON SCT1O TWO 34 CA NET H'. 8 IDES 46--2 7 31 30 29 28 27 26 25 24 23 „+ 33 32 22 21 20 18 4 L2 17 co L1 R P.O.B. 18 a ° co b BLOCK 'VN .~r 2.471 ACRES OAKCRE K UBDIVISION is g Zi (107,647 SQ. FT.) i• SECTION CABINET H'E o SLIDES 218-220 s' C14 14 LOT 1 , S69'209"W 454.37' BLOCK "A" 13 LOT 2, FINAL PLAT OF PARK VALLEY BLOCK "A" ASSISTED LIVING SUBDIVISION 5 DOC. NO.. 2011024845 OF•T� THE AMENDED PLAT OF • s r -{- LOT S. 6, 7, 8, 9, i 0, M �Pe A.o,vN 1 1, 12, 13 AND i4, • BLOCK A, OAKI.ANDS, 6 " tau MARK JERRY JEZISEK SECTION FOUR LOT 1, BLOCK 'A' cn ....�.......52G7.. ..vl... CABINET N, WYOMING SPRINGS MEDICAL <y:90 p: � SLIDES 355-355 CLINIC ADDITION 2 ' CABINET R, SLIDES 274--276 f 3 ; , s LINE TABLE 8 LINE BEARING LENGTH i L7 N64'08'43"E 254.03 BLOC L2N66'02'14"E 161.13 PARK VA EY OAKS SUBD ISION 14 CABINET Z, 5 IDES 244--245 CURVE TABLE No. Delta Radius I Are Length I Chord Length Chord Bearing C1 13'48'25" 985.41 123T46 1236.89 N10'45'56"W C2 8'11'44" 985.41 1140.95 1140.83 S00'14'09"W SKETCH TO ACCOMPANY DESCRIPTION Bury+Partners OF 2.471 ACRES OF LAND OUT OF THE JACOB M. HARRELL x E N G I N E E R I N G 3 o t U T I O N S SURVEY, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A pREVARIAN 221 West Sixth Street.Suite 800 PORTION OF LOT 2, BLOCK "A", FINAL PLAT OF PARK VALLEY Austin,Texas 93701 ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN ff Tei.(812),123-0011 Fax(512)923-0325 DOCUMENT NO. 2011024845 OF THE OFFICIAL PUBLIC RECORDS i Bmtputcerx,Ino.ccoppriehl 2011 OF WILLIAMSON COUNTY, TEXAS. DATE: 10705/11 FILE:H:\104170\002\104170002EX4.DWG FN No.:FN1i-338(K14A DRA1'M BY: KWA I PROD. No: 8010417010002 j i I i >' City Council Agenda Summar Sheet ROUND ROCK,TEXAS g Y PURPOSE.PASSION.PROSPERITY. I 6 i r: Agenda Item No. H1. Consider public testimony regarding and an ordinance approving Amendment No. 2 to the Agenda Caption: Planned Unit Development No. 35 zoning district. (First Reading) Meeting Date: July 26, 2012 Department: Planning and Development Services 5' Staff Person making presentation: Peter Wysocki Planning and Development Services Director 3 Item Summary: f The property is undeveloped except for a driveway serving the senior living development located on an adjacent parcel. PUD 35 was approved in 1999 and amended in 2005. Uses currently allowed on the portion of the PUD located north Park Valley Drive includes: single family, garden homes, town homes, condominiums, office, assisted living and retirement housing. This area has been developed with medical offices and retirement housing, with the f exception of the 5.86 acre project site. This amendment proposes that the 5.86 acres be divided into two areas (tracts): Tract 2-A 3.38 acres and Tract 2-13 r 2.47 acres for the purpose of the PUD. The Tract 2-13 would allow a single-day care of up to 14,000 square feet in addition to the office, single family or townhome uses already allowed in the PUD. Tract 2-A would continue to f allow only office (other than day care), single family or townhome uses. Uses on both parcels would be subject to current City development standards according to the OF (Office), SF 2 (Single Family Standard Lot) or TH (Townhome)zoning district, as applicable. The PUD amendment also requires that all lots created on the 5.86 acre project site be provided access solely from g: three driveways, one of which was constructed across the project site to serve the retirement housing development. Large species trees planted as part of the approved site plan as mitigation for tree removal must remain in place as a requirement of the PUD amendment. These trees are located on both sides of the access driveway. An update to the Traffic Impact Analysis (TIA) prepared for the assisted living center was completed to determine the traffic impacts of the proposed day care and medical offices. The TIA update concluded that the three roadway intersections analyzed did not require improvements as a result of the day care. Three driveways serve the project site: Driveway 'A', a planned driveway along Wyoming Springs, Driveway 'B', an existing driveway along Wyoming ' Springs, and Driveway 'C', an existing driveway along Park Valley Drive. Driveway 'C' provides access to the site through drive aisles on the adjacent assisted living site and on a medical office site located on Park Valley Drive. With the addition of the day care and medical offices, a right turn deceleration lane is needed at Driveway 'B' on Wyoming Springs. The Planning and Zoning Commission recommended approval of this amendment at their June 5 20, 2012 meeting. { Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A f a Recommended Action: Approval RECORDED DOCUMENT FOLLOWS IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 2012@6205@ 12 PGS i p E 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 i 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-12-07-26-1-11 which approves Amendment No. 2 to the Development Plan of Planned Unit Development (PUD) No. 35. This ordinance was approved and adopted by the Round Rock City Council at a regular meeting held on 26th day of July, 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 27th day of July 2012. SARA L. WHITE, TRMC, City Clerk { .. .. it i• ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-99-01-28-9A2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 28, 1999, BY ADOPTING THIS AMENDMENT NO. 2 TO THE DEVELOPMENT PLAN OF PUD NO. 35, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on January 28, 1999, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z-99-01-28-9A2, which established PUD No. 35, and WHEREAS, on September 22, 2005, the City Council of the City of Round Rock adopted Ordinance No. Z-05-09-22-13E1, amending PUD No. 35 regarding drive-thru automated teller machines, and WHEREAS, an application has been made to the City Council of the City of I 1 Round Rock, Texas, to amend the Development Plan of PUD No. 35, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning this Amendment No. 2 to Ordinance No. Z-99-01-28-9A2 on the 20th day of June, 2012, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z-99-01-28- 9A2 be amended, and WHEREAS, on the 26th day of July, 2012, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z-99-01- 28-9A2 and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z-99-01-28-9A2 promotes the health, safety, morals and general welfare of the community, and 0A%vdox\SCC1nts\0112\1204\MUNICIPAL\00254314.DOC WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A., Texas Local Government Code, and Sections 46-92 and 46-106, Code of 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 hereby determines that the proposed amendment to Planned Unit Development (PUD) District#35 meets the following goals and objectives: I (1) The amendment to P.U.D. #35 is equal to or superior to development that would occur under the standard ordinance requirements. i (2) The amendment to P.U.D. #35 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #35 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 Exhibit 'C', Section I of the Development Plan of PUD No. 35, as approved in Ordinance No. Z-99-01-28-9A2 and amended in Ordinance No. Z-05-09-22-13E1, is hereby deleted in its entirety, and replaced with a new Section I, which shall read as follows: 1. DEVELOPMENT AREAS a. Tract One: Tract One shall comprise all property within the PUD south of Park Valley Drive. 2 b. Tract Two: Tract Two shall comprise all property within the PUD north of Park Valley Drive,with the exception of Tract 2-A and Tract 2-B, as described below. c. Tract 2-A: Approximately 3.384 acres of land more particularly described in Exhibit"A-1" d. Tract 2-B: Approximately 2.471 acres of land more particularly described in Exhibit"A-2". III. That Exhibit 'D' of the Development Plan of PUD No. 35, as approved in Ordinance No. Z-99-01-28-9A2 and amended in Ordinance No. Z-05-09-22-13E1, is 1 hereby amended to include the following: PERMITTED USES AND DEVELOPMENT STANDARDS TRACTS 2-A AND 2-13 1. APPLICATION OF STANDARDS In accordance with Chapter 46-156 of the Round Rock Code of Ordinances, as amended, the following use regulations, design standards and development standards shall apply to all development on the portions of the Property identified as Tracts 2-A and 2-B, as described in Exhibits "A-1" and "A-2". 2. 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." 3. PROPERTY This Plan covers approximately 5.86 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibits "A-1" and "A-2" (the "Property"). 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 SF-2 (Single Family - Standard Lot), TH (Townhome) or OF (Office) zoning districts and other sections of the Code, as 3 applicable, and as hereafter 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 hereafter 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. 5. PERMITTED USES - Tract 2-A The following principal uses are permitted: a) All land uses allowed in the SF-2 (Single Family - Standard Lot) zoning district; or b) All land uses allowed in the TH (Townhome) zoning district;or c) All land uses allowed in the OF (Office) zoning district, including one (1) Day Care, with a maximum of 14,000 square feet of floor area. d)The requirement in Section 46-160 (i)(2)(e) for a Special Exception for a Day Care of greater than 10,000 square feet shall not apply. 6. PERMITTED USES -Tract 2-B The following principal uses are permitted: a) All land uses allowed in the SF-2 (Single Family- Standard Lot) zoning district; or b) All land uses allowed in the TH (Townhome) zoning district; or c) All land uses allowed in the OF (Office) zoning district, with the exception of Daycare. 7. DRIVEWAY TREE PLANTING The existing driveway for the Park Valley Assisted Living, identified as "Driveway B" on Exhibit "E" , shall contain large species trees with a minimum caliper of four inches (4"), planted thirty feet (30') on center, excluding driveway locations , as shown on the Site Development Plan approved by the City on April 14, 2011. 8. COMPATIBILTY BUFFER a) No compatibility buffer or fencing shall be required between OF (Office) and SF-2 (Single Family - Standard Lot) or TH (Townhome) uses within the boundaries of the Property. b) No compatibility buffer or fencing shall be required between the uses within the boundaries of the Property and the abutting uses within Tract 2 of Planned Unit Development(PUD) 35. 4 9. SIDE SETBACKS Side setbacks for all applicable platted lots shall be measured from the curb line of the existing "Driveway B" referenced in Section 7 above. 10. ACCESS Access to the Property shall be provided from: a) The future "Driveway A" identified on Exhibit "E" b)The existing"Driveway B" identified on Exhibit "E"; and c) The existing"Driveway C" on Park Valley Drive identified on Exhibit "E". 11. NON-RESIDENTIAL LOT CONFIGURATION All non-residential lots shall have a minimum frontage width of 50 feet along Wyoming Springs Drive. This minimum width shall extend to the depth of the front setback, as established by Chapter 46 of the Code, as amended. i IV. That Exhibit "A" is hereby revised to include Exhibit A-1 and Exhibit A-2, as attached hereto and incorporated herein. V. That Exhibit "E", as attached hereto and incorporated herein, is added to the Development Plan of PUD No. 35. VI. 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. 5 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 tee- day of Y' , 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 12012. AUWMCGRAW, Mayor City of Round Rock, Texas ' ATTEST: SARA L. WHITE, City Clerk g, 6 r � EXHIBIT . b 3.384 ACRES FN NO. 11-337 (KWA) PORTION OF LOT 2, BLOCK "A" OCTOBER 5, 2011 PARK VALLEY BPI JOB NO. R104170--10002 DESCRIPTION OF A 3.384 ACRE TRACT OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK "A", FINAL PLAT OF PARK VALLEY ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2011024845 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 3. 384 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the curving easterly right-of-way line of Wyoming Springs Drive (120' R.O.W. ) , being the northwesterly corner of Lot 1, Block "A" Wyoming Springs Medical ' Clinic Addition, a subdivision of record in Cabinet R, Slides 274- 276 of the Plat Records of Williamson County, Texas, for the southwesterly corner of said Lot 2 and hereof; THENCE, along said easterly right-of-way line of Wyoming Springs Drive, being the westerly line of said Lot 2 and hereof, along a curve to the left, having a radius of 985.41 feet, a central angle of 08011144", an arc length of 140.95 feet and a chord which bears, N00°14109"E, a distance of 140.83 feet to the northwesterly corner hereof; THENCE, N69024119"E, leaving said easterly right-of-way line of Wyoming Springs• Drive, over and across said Lot 2, for the northerly line hereof.,.. a distance of 454.37 feet -to a point in the westerly :._ _,:.:.:._'.line of said Lot' I,. Block "A". ..Final Plat of Park Valley Assisted ".'"`'""-�-Living=•Subdivision;---,being the"easterly "line of said Lot 2, for the northeasterly' corner' hereof, from which a 1/2 inch iron rod with cap' •.at.•.the__northeasterly...•corner of• said :Lot 2 bears N20037114"W, a distance of 266.16 feet; THENCE, S20°37' 14"E, along the westerly line of said Lot 1 Block "A" Park Valley Assisted Living Subdivision, being the easterly line of said Lot 2 and hereof, a distance of 466.81 feet to a 1/2 inch iron rod with cap set in the northerly line of said Lot 1, Block "A" Wyoming Springs Medical Clinic Addition, being the southerly line of said Lot 2, for the southeasterly corner hereof; THENCE, N77000115"W, along the northerly line of said Lot 1, Block "A" Wyoming Springs Medical Clinic Addition, being the southerly line of said Lot 2, for the southerly line hereof, a distance of 605. 83 feet to the POINT OF BEGINNING containing an area of 3.384 acres (147, 423 sq. ft. ) of land, more or less, within these metes and bounds. THE BASIS OF BEARINGS SHOWN HEREON IS THE TEXAS COORDINATE SYSTEM, NAD 83 (93) , CENTRAL ZONE, UTILIZING CITY OF ROUND ROCK CONTROL NETWORK MONUMENTS: 01-002, 01-003 AND 01-030 AS PUBLISHED ON THE DATE OF THIS SURVEY. OF 917 .Q4' BURR & PARTNERS, INC. � �r� * .. ENGINEERS-SURVEYORS MARK J. K ................... JERRYJEZISEK 221 WEST SIXTH STREET, SUITE 600 R.P.L.S. O. 5267 ""''A""""""""" AUSTIN, TEXAS 78701 STATE OF TEXAS 9. 0 5267o�P O� 3U1'` LEGEND 0 75 150 300 0 1/2" IRON ROD FOUND SCALE: 1"= 150' O 1/2" IRON ROD WITH CAP SET O� P.O.B. POINT OF BEGINNING cA (50 BLOCK •e F181,p LAR P.OWARNS Qp � AKCR EK S BD1VI )ON S CT10 TWO 34 CA NET fl', S IDES 46-2 7 31 30 29 28 27 26 25 24 23 lu 33 32 22 21 20 16 19 co 0 17 3 `.° 16 � O N b BLOCK 'E 15 Z.. C �. OAKCREEK SUBDIVISION SECTION ONE 0 LOT 2, ,, LOT I, cABINET •IT, BLOCK "A" N BLOCK "A° SLIDES 21a--22o 14 z N69'24'19"E 454.37' f3 3.384 ACRES FINAL PLAT OF PARK VALLEY P.O.B. (147,423 SQ. FT.) ASSISTED LIVING SUBDIVISION 5 _._..__.._. DOC. NO. .2011024845 w THE AMENDED PUT OF F Lol' 5, 6, 7, 8, 9, 10, 001 r •��G,,.....,TF 11, 12, 13 AND S�� r9 �QGtsr�R - BLOCK A, OAKLANDS, 6 0 e- o tN SECTION POUR ��83, vNi ............ CABINET' N, L07 f, BLOCK 'A" .MARK JERRY J�ZfSEK SLIDES 355--356 WYOMING SPRINGS*MEDICAL 5267 CLINIC ADDITION 9' °F�•. CABIN9T R, SLIDES 274-276 1 BLoc 'A' 2 PARK VALLEY OAKS SUBDI VISION 14 CURVE TABLE CABINET Z, S IDES 244--245 No. Radius Arc Length Chord Length Chord Bearing C1 jf��985.41 985.41 140.95 140.83 N00'14'09"E C2 1237.46 1236.89 IN10'45'56"W SKETCH TO ACCOMPANY DESCRIPTION lop Bury+Partners OF 3.384 ACRES OF LAND OUT OF THE JACOB M. HARRELL ENGINEERING soLUTIoNG SURVEY, SITUATED IN WLLIAMSON COUNTY, TEXAS, BEING A PREVARiAN 221 Hest SIxIL Street,Suite Goo PORTION OF LOT 2, BLOCK "A', FINAL PLAT OF PARK VALLEY Austin,Sexas 78701 ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN Tel.(W)328-0011 Pax(612)328-0926 DOCUMENT NO. 2011024845 OF THE OFFICIAL PUBLIC RECORDS Bury+Partnera,Joe.ecopyrlaht 2011 OF VALLIAMSON COUNTY, TEXAS. OATS; 10/05/11FILE;H:\104170\002\104170002EX3.DWG FN No.:FN11-337(Kt4A DRAVIN 13 KVIA PROJ. No: R010417010002 EXHIBIT "A-2" 2. 471 ACRES FN NO. 11-338 (KWA) PORTION OF LOT 2, BLOCK "A" OCTOBER 5, 2011 PARK VALLEY BPI JOB NO. R104170-10002 DESCRIPTION OF A 2.471 ACRE TRACT OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 2, BLOCK "A", FINAL PLAT OF PARK VALLEY ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN DOCUMENT NO. 2011024845 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 2. 471 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2 inch iron rod found in the curving easterly right-of-way line of Wyoming Springs Drive (120' R.O.W. ) , being the the most westerly southwest corner of Lot 1 of said Final Plat of Park Valley Assisted Living Subdivision, for the northwesterly corner of said Lot 2 and hereof; THENCE, leaving said easterly right-of-way line of Wyoming Springs Drive, along a portion of the westerly line of said Lot 1, being the northerly line of said Lot 2 and hereof, the following two (2) courses and distances: 1) N64008143"E, a distance of 254 .03 feet to a 1/2 inch iron rod with cap set for an angle point; 2) N66°02' 14"E, a distance of 161. 13 feet to a 1/2 inch iron rod with cap set at an angle point- in the westerly line of said Lot 1, for the northeasterly corner of said Lot 2 and hereof; THENCE, S26°37114"E, along the westerly line of said Lot 1, being the easterly line of said Lot 2 and hereof, a distance of 266.1.6 feet to a 1/2 ' inch iron rod with cap set for the southeasterly corner hereof; THENCE, S69024119"W, leaving the westerly line of said Lot 1, over and across said Lot 2, for the southerly lane hereof, a distance of 454.37 feet to a point in the curving easterly right-of-way line of Wyoming Springs Drive, being the westerly line of said Lot 2, for the southwesterly corner hereof; THENCE, along said easterly right-of-way line of Wyoming Springs Drive, for the westerly line of said Lot 2 and hereof, along a curve to the left having a radius of 985.41 feet, a central angle of 13048125", an arc length of 237.46 feet and a chord which bears, N10045156"W, a distance of 263.89 feet to the POINT OF BEGINNING containing an area of 2.471 acres (107, 647 sq. ft. ) of land, more or less, within these metes and bounds. THE BASIS OF BEARINGS SHOWN HEREON IS THE TEXAS COORDINATE SYSTEM, NAD 83 (93) , CENTRAL ZONE, UTILIZING CITY OF ROUND ROCK CONTROL ' NETWORK MONUMENTS: 01-002, 01-003 AND 01-030 AS PUBLISHED ON DATE OF THIS SURVEY. BURY & PARTNERS, INC. / i ,o•'tn ENGINEERS--SURVEYORS MARK J. R -fi VY JF21S8K .. 221 WEST SIXTH STREET SUITE 600 R.P.L.S. Nb--.- 5267 t'%� 52G7 AUSTIN, TEXAS 78701 STATE OF TEXAS ��j,°�Frss�° ';kO '�`� s uK`i�a� r LEGEND 0 75 150 300 83 1/2" IRON ROD FOUND SCALE: 1"= 150' O 1/2" IRON ROD WITH CAP SET P.O.B. POINT OF BEGINNING cA 35 �p4 o4h FIELD LgpK DAIVJ; BLOCK 'J' (SO'R.o.W.) AKCR EK 8 BDJVI ION S C17O TWO 34 CA NET H'. 3 IDES 46-2 7 31 30 29 28 27 26 25 24 23 33 32 22 21 20 18 19 Q L1 L2 17 Cco 7 a P.O.B.co 16 O N BLOCK 'E' 2.471 ACRES � 15 oAKCREEK SUBDIVI81oN oU (107,647 SQ. FT.) SECTION SECTION H'E N SLIDES 218-220 t4 v! LOT 1 , S69'24'19"W 454.37' BLOCK "A' t 13 N LOT z, ! INAL PLAT or PARK VALLEY BLOCK "A' ASSISTED LIVING SUBDIVISION 5 w DOC. No.. 2011024845 OF TF THE AMENDED PLAT OF s r •.•�¢- LOT 5, 6, 7, 8, 9, i 0, " '�P•��' 9F••� 11, 12, J 3 AND 14, '? �'.. ..'N BLOCK A, OAKLANDS, 6 N MARKJE JEZISEK SECTION FOUR LOT 1, BLOCK 'A• to •••^'q"" •.......•...•• • CABINET N, ��X90 52G7 �� SLIDES 355--356 WYOMING SPRINGS MEDICAL CLINIC ADDITION 2 ' CABINET R, SLIDES 274--276 � J /t 13 LINE TABLE J3LO 'A' LINE BEARING LENGTH 1 2 L1 N64'08'43"E 254.03 C PARK VA EY OAKS L2 N66'02'14"E 1161.13 1 SUED JSION CABINET Z, 5 IDIS 244-245 14 CURVE TABLE No. Delta Radius I Are Length I Chord Length Chord Bearing C1 13'48'25" 985.41 1237.46 1236.89 N10'45'56"W C2 8'11'44" 1985.41 1140.95 1140.83 S00'14'09"W SKETCH TO ACCOMPANY DESCRIPTION Bury+Partners OF 2.471 ACRES OF LAND OUT OF THE JACOB M. HARRELL ENGINEERING S O LU T I O N$ SURVEY, SITUATED IN ♦ti1LL1AMSON COUNTY, TEXAS, BEING A 221 Rest shill Street,Sulte 800 PORTION OF LOT 2, BLOCK "A", FINAL PLAT OF PARK VALLEY PREVARIAN Amon,Tete:18701 ASSISTED LIVING SUBDIVISION, A SUBDIVISION OF RECORD IN Tel.(812)328-0011 Pe:(512)328-0323 DOCUMENT NO. 2011024845 OF THE OFFIGAL PUBLIC RECORDS Duq+Pertners,Inc."yright 2011 OF WILLIAMSON COUNTY, TEXAS. DATE: 10/05/1 1 FILE:H:\104170\002\104170002EX4.DWG I FN No.:FN11-338(KWA) DRAWN BY: KVIA PROD, No: R010417010002 AFTER RECORDING, PLEASE R.E'dURN 't0: `...iTY OF ROUND R CF:: ATTN QTY Cif-R< . 221 E, MAIIN STRbr.l FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2012062050 08/03/2012 11:59 AM MARIA $60.00 NANCY E. RISTER, COUNTY CLERK UILLIAMSON COUNTY, TEXAS i