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Z-12-08-09-H1 - 8/9/2012 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-08-11-13-11C13, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON NOVEMBER 13, 2008, BY AMENDING SECTIONS 11.6, 11.6.2 (2), 11.8.1(1)(f) AND 11.16 OF THE DEVELOPMENT PLAN OF PUD NO. 84, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on November 13, 2008, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z-08-11-13-11C13, which established PUD No. 84, and WHEREAS, on July 22, 2010, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z-10-07-22-9A1 to amend Sections 11.6.1(5)(a), 11.8.1(1), I 11.8.1(2)(c)(ii), 11.8.1(3)(c), 11.8.1(4)(c), 11.8.1(5)(c), 11.8.1(6)(c), 11.8.1(7)(c), and I 11.8.1(16)(c) of the Development Plan of PUD No. 84 (Amendment No. 1), and x: WHEREAS, the City and Avery Centre DevCo, Inc. ("Owner") agreed to an I Administrative Amendment (Amendment No. 2), as defined in Section 19.a. of PUD No. r 84, such amendment filed as Document No. 2010059641 with the County Clerk of Williamson County, Texas, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas, to amend Sections 11.6, 11.6.2(2), 11.8.1(1)(e), 11.8.1 1 ( )(f) and ll.16of Y the Development Plan of PUD No. 84, and WHEREAS, the Planning and Zoning Commission held a public hearing f concerning the requested amendment to Ordinance No. Z-08-11-13-11C13 on the 25tH t day of July, 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-08-11-13- 11C13 be amended, and O:\wdox\SCClnts\Ol 12\1204\MIJNICIPAL\00255260.D0C } s WHEREAS, on the 9th day of August, 2012, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z-08-11- 13-11C13, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z-08-11-13-11C13 promotes the health, safety, morals and general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A., Texas Local Government Code, and 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 f 5 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#84 meets the following goals and objectives: E f { (1) The amendment to P.U.D. #84 is equal to or superior to development that would occur under the standard ordinance requirements. } (2) The amendment to P.U.D. #84 is in harmony with the general purposes, i goals, objectives and standards of the General Plan. P (3) The amendment to P.U.D. #84 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, f i parking, utilities or any other matters affecting the public health, safety and general welfare. t; f: i' 2 I' t II. That Section 11.6.of the Development Plan of PUD No. 84, as approved in Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: 6. PERMITTED USES The following table contains the uses allowed according to the use district boundaries described in Exhibit "C". Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. Land Use Table 3 i District Maximum Conditional Use Allowed Number Use within } PUD Multi Family Residential (including apartments and condos 1,2,3,4,6,7,8,9 X Townhouse Residential 1,2,3,4,6,7,8,9 X Single Family Detached 3,4,8,9 X Accesso DwellingX Single Family Zero Lot Line 3,4,8,9 X Upper Story Residential 1,2,3,6,7,9 Library 1,2,6,7,9, Community Service 1,2,6,7,8,9 Government Facilities 1,2,6,7,9 Linear/Linkage Park 1,2,3,4,5,6,7,8 9 Neighborhood Park 1,2,3,4,5,6,7,8 9 Community Park 3,4,7,8,9 Amen it /Recreation Center 1,2,3,4,6,7,8,9 X F Place of Worship (accessory uses not exceeding 2,500 square 1,2,3,4,6,7,8,9 X feet Place of Worship (accessory uses exceeding 2,500 sq. ft. but not greater than 10,000 sq. ft.) 3,4,6,7,8,9 X Place of Worship (accessory uses not exceeding 20,000 3,4,6,7,8,9 X square feet Utility(Minor and Intermediate) 1,2,3,4,5,6,7,8 ,g Commercial Parkin 1,2,3,6,7 X ' Eating Establishments 1,2,3,6,7,9 X 3' Bar or Tavern 1,2,6,7 Indoor Entertainment 1,2,6,7 Outdoor Entertainment 2,5,6,7 2 F Amphitheater Live/Work Units 1,2,3,6,7,9 X Office 1,2,3,6,7 X Office/Medical 1,2,3,6,7 X Overnight Accommodations—Hotel/Motel 1,2,6,7 2 X Retail Sales and Service(except the uses listed below 1,2,3,6,7,9 X Grocery 2,6,7 X 3 Bank 1,2,3,6,7,9 X Veterinarian 1,6,7 X Dog Day Care and Training Facilities 1,6,7 3 X Fuel Sales 3,6,9 3 X Cleaners/Alterations 1,2,6,7 X Vehicle Sales/Rental/Leasing1 6 7 2 X Garden Center 2,6,7,9 X Assisted Living 1,3,6,9 2 X Nursing Home 1,3,6,9 2 X Day Care 3,6,7,8,9 X , Schools (Elementary, Private 38,9 X Passenger Terminal 7 1 Bed and Breakfast 6,7 Carwash 6 1 Self Storage 6 1 X Bus Stops 1,2,3,4,5,6,7,8 ,9 Research and Development 8 2 X Hospital 1 1 III. i That Section 11.6.2(2) of the Development Plan of PUD No. 84, as approved in i Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: (2) Minimum Amount of Non Residential Square Footage within the MU Use Districts (Nos. 1, 2, 3, 6, 7 and 9) A minimum of one (1) million square feet of non-residential building space shall be constructed within the MU Use Districts (Nos. 1,2,3,6,7 and 9) taken together. IV. That Section 11.8.1(1)(e) of the Development Plan of PUD No. 84, as approved in x Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: (e) Rear setback to residential buildings is 20 feet; rear setback to garage from alley is 10 feet. F i S 4 { V. That Section 11.8.1(1)(f) of the Development Plan of PUD No. 84, as approved in Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: (f) For single family detached units, a side setback of 0 feet is allowed only for internal attached units with a common wall. End units shall have a 10 foot side setback. Detached multi-units have a 5 foot setback. VI. That Section 11.16 of the Development Plan of PUD No. 84, as approved in Ordinance No. Z-08-11-13-11C13, is hereby amended to include the following: Hospital: A facility designed for the provision of medical or surgical services on an in- patient or out-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and E services to patients, employees, and visitors. Inpatient or outpatient medical services dedicated to alcohol and/or drug abuse rehabilitation, or involuntary admissions for 3 psychiatric care or mental illness are specifically prohibited. VII. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate i days was dispensed with. a READ, PASSED, and ADOPTED on first readin g this of Y 'T , 2012. f } 5 l 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. ALAN MCGRAW, Mayor City of Round Rock, Texas I ATTEST: gut SARA L. WHITE, City Clerk i l f B 3' gg1 W t p. } t 6 fPUDLEGEND LAND USE AREA r Residential 308.6 ACI Moved Use 541.2 AC. : 1 Floodaan90pen Space Reserve1R.O.W. 57.9 AC +� TOTAL Potential Location of Proposed Research and Development ■ a Roadway per City Tronsportatbn Plan I ~} J � �MOt(ANRailroadCaridor 'haudes area deuskq lakes TWtAVWTA l � �pstt „>✓ rr`� � M d. Eoeno r y PFa ja 4f .. 17.5 AC. l y,� RDWITMY l w.._._., .£IHOPFwBI IAOIE . f(l- somm O Ar F _ l ! ! !x nm LMR Y , ,a OLD SETTLERS BLVD. .. �..� «D To k■anvAT ' f f I i e 1 NORTH Y.. EXHIBIT "C" Hill ROUNDROCK,TEXAS Citv Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERITY. Agenda Item No. H1. Consider public testimony regarding and an ordinance approving Amendment No. 3 to the Planned Unit Development (PUD) No. 84 zoning district to allow a hospital on Agenda Caption: approximately 40.39 acres. (First Reading) Meeting Date: August 9, 2012 Department: Planning and Development Services i Staff Person making presentation: Peter Wysocki Planning and Development Services Director Item Summary: PUD 84 (Avery Centre) was approved in 2008 and contains approximately 907 acres of residential and mixed use f development. The PUD establishes two land use categories: Mixed Use and Residential. The Mixed Use category allows residential, commercial and office development, while the Residential category allows either single family detached homes or townhouses. Design standards for the development include an emphasis on build-to lines and pedestrian accessibility. Developments located adjacent to the PUD boundaries include a university campus, a community college campus, a health science university campus and a hospital. i The PUD contains nine land use areas. The proposed amendment affects one of these use areas, Use District 1, approximately 40.39 acres, which allows for commercial and residential land uses. The amendment would add a non-psychiatric hospital as an allowable land use to this Use District. This amendment is being requested by the landowner in order to facilitate a new hospital that is considering to purchase and to construct a facility in District 1 of the PUD. in addition, two clarifications to the language describing the general regulations of the PUD are requested by the landowner and supported by staff. The first clarifies that the minimum amount of non-residential square footage required in the entire development is to be calculated using all of the mixed use districts together (please see Section III of the ordinance). The second clarifies that setbacks for residential development in the mixed use districts apply only to residential development(please see Sections IV and V of the ordinance). The Planning and Zoning Commission unanimously recommended approval of this PUD amendment at their July 25, 2012 meeting. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval LLMJ z 3 O 0 � J LLJ � O r4e 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI$III ORD 2012083571 9 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-12-08-09-1-11 which approves Amendment No. 3 to the Planned Unit Development (PUD) No. 84. This ordinance was approved and adopted by i the Round Rock City Council at a regular meeting held on 9`h day of August 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 9`h day of October 2012. ,,,,, E+ . SARA L. WHITE, City Clerk ) r t Y I r � • 2 } I i l k { i 1 f F x { ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-08-11-13-11C13, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON NOVEMBER 13, 2008, BY AMENDING SECTIONS 11.6, 11.6.2 (2), AND 11.16 OF THE DEVELOPMENT PLAN OF PUD NO. 84, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on November 13, 2008, the City Council of the City of Round Rock, I Texas, adopted Ordinance No. Z-08-11-13-11C13, which established PUD No. 84, and WHEREAS, on July 22, 2010, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z-10-07-22-9A1 to amend Sections 11.6.1(5)(a), 11.8.1(1), 11.8.1(2)(c)(ii), 11.8.1(3)(c), 11.8.1(4)(c), 11.8.1(5)(c), 11.8.1(6)(c), 11.8.1(7)(c), and f 11.8.1(16)(c) of the Development Plan of PUD No. 84 (Amendment No. 1), and � 4 i WHEREAS, the City and Avery Centre DevCo, Inc. ("Owner") agreed to an Administrative Amendment (Amendment No. 2), as defined in Section 19.a. of PUD No. 3 84, such amendment filed as Document No. 2010059641 with the County Clerk of 4 Williamson County, Texas, and 1 WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas, to amend Sections 11.6, 11.6.2 2 , 11.8.1 1 e , 11.8.1 1 O OO O(f) and 11.16 of the Development Plan of PUD No. 84, and I WHEREAS, the Planning and Zoning Commission held a public hearing 1 concerning the requested amendment to Ordinance No. Z-08-11-13-11C13 on the 25tn 6 day of July, 2012, following lawful publication of said public hearing, and i WHEREAS, after considering the public testimony received at such hearing, the F Planning and Zoning Commission has recommended that Ordinance No. Z-08-11-13- 11 C 13 -08-11-13-11C13 be amended, and f O:\W ox\SCCInb10112\1204\MMICIPAL\00255260.DOC F {i [ j WHEREAS, on the 9`h day of August, 2012, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z-08-11- 13-11C13, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z-08-11-13-11C13 promotes the health, safety, morals and general welfare of the community, and c 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 I t Ordinances, 2010 Edition, City of Round Rock, Texas concerning public notices, g hearings, and other procedural matters has been fully complied with, Now Therefore i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, r z TEXAS: ? 3 L f r r That the City Council hereby determines that the proposed amendment to a Planned Unit Development (PUD) District#84 meets the following goals and objectives: i (1) The amendment to P.U.D. #84 is equal to or superior to development that i r would occur under the standard ordinance requirements. I (2) The amendment to P.U.D. #84 is in harmony with the general purposes, i goals, objectives and standards of the General Plan. f � (3) The amendment to P.U.D. #84 does not have an undue adverse effect on i adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. t {`4{ l 2 } n. That Section 11.6.of the Development Plan of PUD No. 84, as approved in Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: 6. PERMITTED USES The following table contains the uses allowed according to the use district boundaries described in Exhibit "C". Unless otherwise indicated, the definitions of all terms used to describe uses in this document shall be those found in the Zoning Code of the City of Round Rock, as amended. f Land Use Table I s District Maximum Conditional Use Allowed Number Use I 1 within PUD Multi Family Residential(including apartments and condos 1,2,3,4,6,7 8,9 X Townhouse Residential 1,2,3,4,6,7,8,9 Sin le Famil Detached 3 4 8 9 X Accesso Dwellin X Sin le Famil Zero Lot Line 3,4,8,9 X F U er Stor Residential 1,2,3,6,7,9 Libra 12679 Community Service 1,2,6,7,8,9 i Government Facilities 1,2,6,7,9 E Linear/Linkage Park 1,2,3,4,5,6,7,8 ; E 9 Neighborhood Park 1,2,3,4,5,6,7,8 1 Community9 Park 3,4,7,8,9 f i Amenity/Recreation Center 1,2,3,4,6,7,8,9 X Place of Worship(accessory uses not exceeding 2,500 square 1,2,3,4,6,7,8,9 X t feet Place of Worship(accessory uses exceeding 2,500 sq. ft. but not greater than 10,000 sq. ft.) 3,4,6,7,8,9 X Place of Worship(accessory uses not exceeding 20,000 3,4,6,7,8,9 X e square feet) I Utility(Minor and Intermediate) 1,2,3,4,5,6,7,8 g { Commercial Parkin 1,2 3 9 7 X s Eating Establishments 1,2,3,6,7,9 X Bar or Tavern 1,2,6,7 Indoor Entertainment 1,2,6,7 Outdoor Entertainment 215,8,7 2 i C Amphitheater Live/Work Units 1,2,3,6,7,8 X Office 1,2,3,6,7 Office/Medical 1,2,9 6 7 X t Overnight Accommodations—Hotel/Motel 1,2,6,7 2 X Retail Sales and Service(except the uses listed below 1,2,3,6,7,9 i X t Grocery 2,6,7 1 X ) 3 R� d 1 a Bank Veterinarian 1,2,3,6,7,9 X Do Da Care and Training Facilities1'6'7 X Fuel Sales 1,6'7 3 X Cleaners/Alterations 3,6,9 3 X Vehicle Sales/Rental/Leasin 1'2'6'7 X Garden Center 1'6'7 2 X Assisted Living 2'6'7'9 X 1,3,6,9 Nursin 2 X Home 1, 16,9 2 X Da Care 3,6,7,8,9 X i Schools(Elementary, Private) 3 8 9 X Passenger Terminal 7 1 Bed and Breakfast 6 7 Carwash 6 1 Self Storage 6 1 X Bus Stops 1,2,3,4,5,6,7,8 9 Research and Development 8 2 X Hospital 1 1 � r iI s III. f � That Section 11.6.2(2) of the Development Plan of PUD No. 84, as approved in i E f t Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: I t i (2) Minimum Amount of Non Residential Square Footage within the MU Use Districts (Nos. 1, 2, 3, 6, 7 and 9) I s A minimum of one (1) million square feet of non-residential building space shall be constructed within the MU Use Districts (Nos. 1,2,3,6,7 } i and 9) taken together. I IV. I That Section 11.8.1(1)(e) of the Development Plan of PUD No. 84, as approved in Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: (e) Rear setback to residential buildings is 20 feet; rear setback to garage from alley is 10 feet. i i t I i i r i I 4 i l f V. That Section 11.8.10)(f) of the Development Plan of PUD No. 84, as approved in Ordinance No. Z-08-11-13-11C13, is hereby amended to read as follows: Y f (f) For single family detached units, a side setback of 0 feet is allowed only for internal attached units with a common wall. End units shall have a 10 foot side setback. Detached multi-units have a 5 foot setback. i F VI. That Section 11.16 of the Development Plan of PUD No. 84, as approved in Ordinance No. Z-08-11-13-11C13, is hereby amended to include the following: Hospital: A facility designed for the provision of medical or surgical services on an in- I i patient or out-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and {{ services to patients, employees, and visitors. Inpatient or outpatient medical services 1 dedicated to alcohol and/or drug abuse rehabilitation, or involuntary admissions for s psychiatric care or mental illness are specifically prohibited. a VII. % c ix A. All ordinances, parts of ordinances, or resolutions in conflict herewith are [ E expressly repealed. 1 i B. The invalidity of any section or provision of this ordinance shall not i i invalidate other sections or provisions thereof. r Alternative 1. t F j E By motion duly made, seconded and passed with an affirmative vote of all the I 1 Council members present, the requirement for reading this ordinance on two separate days was dispensed with. t READ, PASSED, and ADOPTED on first reading this ��day of L b "t , 2012. i i 1 , c $ E I e F s i Alternative 2. READ and APPROVED on first reading this the day of , 2012. READ, APPROVED and ADOPTED on second reading this the day of ; i 2012. I ALAN MCGRAW, Mayor City of Round Rock, Texas ; ATTEST: 6 E SARA L. WHITEOftyy Clerk ; E � K 1 E � I s I 's I 4 i ! E {t f � f E 4 i 1 t t c z c I i }r E! 4 ` 6 � E i .......... IM uj Opt go ow Ix W31on rr -Nu ■ on a& go Lli LU END, i I Ordinance No. Z-12-08-09-1-11 I r Amendment No. 3 to PUD No. 84 i 7 R I k 4 r' t 4 E P E t f t f G t N z{ T S t I AFTER RECORDING, PLEASE RETURN TO: 3 f CITY OF ROUND ROCK fD ATTN: CITY CLERK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2012083571 10/09/2`012 11:21 AM MARIA $48.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS