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Z-12-08-23-H3 - 8/23/2012 ORDINANCE NO. ?--) AN ORDINANCE AMENDING ORDINANCE NO. Z-05-05-26-11D3, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON MAY 26, 2005, BY AMENDING EXHIBITS "C" AND "13-1", AND THE LIST OF EXHIBITS, AND BY DELETING EXHIBITS "C-1A" AND "K" TO THE DEVELOPMENT PLAN OF PUD NO. 59, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on May 26, 2005, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z-05-05-26-11 D3, which established PUD No. 59, and WHEREAS, the City and Chandler IH 35 Retail, Ltd. ("Owner") agreed to an t Administrative Amendment (Amendment No. 1), as defined in Section 13.1 of PUD No. 59, such amendment filed as Document No. 2005043038 with the County Clerk of Williamson County, Texas, and WHEREAS, the City and Chandler IH 35 Retail, Ltd. ("Owner") agreed to an ` 3 Administrative Amendment (Amendment No. 2), as defined in Section 13.1 of PUD No. 59, such amendment filed as Document No. 2006005772 with the County Clerk of Williamson County, Texas, and WHEREAS, on December 16, 2010, the City Council of the City of Round Rock, f Texas, adopted Ordinance No. G-10-12-16-9AG1, to amend Exhibits "C", "C-3", "D-3", and the List of Exhibits, and to add Exhibits "C-3A" and "J" to the Development Plan of PUD No. 59 (Amendment No. 3), and WHEREAS, on August 25, 2011, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z-11-08-25-8A1, to amend Exhibits "C", "C-1", "D-1", and the List of Exhibits, and to add Exhibits "C-1A" and "K" to the Development Plan of PUD No. 59 (Amendment No. 4), and 0:\wdoxMClnts\01 12\12MWNICIPAL\00256319.DOC t c. WHEREAS, an application has been made to the City of Round Rock, Texas to amend Exhibits "C" and "D-1", and the List of Exhibits, and to delete Exhibits "C-1A" and "K" of the Development Plan of PUD No. 59, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z-05-05-26-11 D3 on the 25th 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-05-05-26- 11 D3 be amended, and s WHEREAS, on the 23Id day of August, 2012, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z-05-05- 26-11 D3, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z-05-05-26-11D3 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 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 #59 meets the following goals and objectives: 2 (1) The amendment to P.U.D. #59 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #59 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #59 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 the List of Exhibits as approved in Ordinance No. Z-05-05-26-11 D3 for PUD No. 59 is hereby deleted in its entirety, and replaced with the new List of Exhibits, attached hereto and incorporated herein. III. That Exhibits "C", and "D-1" are hereby deleted in their entirety and replaced with new Exhibits "C", and "D-1", attached hereto and incorporated herein. f IV. t That Exhibits "C-1A" and "K" are hereby deleted from the Development Plan of PUD No. 59. V. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 2 B. The invalidity of any section or provision of this ordinance shall not s` invalidate other sections or provisions thereof. 3 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 i Council members present, the requirement for reading this ordinance on two separate days was dispensed with. 2 READ, PASSED, and ADOPTED on first reading this 23 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. LS Y Cit of Round Rock, Texas >gv- fi ATTEST: SARA L. WHITE, City Clerk 4 LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit"A" Metes and Bounds Description of Property Exhibit"B" Lien Holder Consent Exhibit"C" Development Parcels Exhibit"C-1" Metes and Bounds Description of Parcel 1 Exhibit"C-2" Metes and Bounds Description of Parcel 2 Exhibit"C-3" Metes and Bounds Description of Parcel 3 Exhibit"C-3-A" Metes and Bounds Description of Parcel 3-A Exhibit"C-4" Metes and Bounds Description of Oakmont Drive Exhibit"D-1" Uses and Development Standards for Parcel 1 Exhibit"D-2" Uses and Development Standards for Parcel l Exhibit"D-3" Uses and Development Standards for Parcel 3 s S Exhibit"E" Reserved Exhibit"F-1" Streetscape (Plan View) Exhibit"F-2" Streetscape (Profile View) Exhibit"G" Architecture Exhibit"H" Right of Way and Easement Locations Exhibit"I" Theater/Cinema Design and Signage { Exhibit"J" Parcel 3-A Landscape Buffer r t an 4� Ir .n �/► J I AME (224=4 S0. FT.) 36=8 ACM f (1.52x877 S0.FT.) } I � I � „=M �1 ARCEL 3 a ACRES bBury+Paitners CHANDLERA RETAIL, LTR 9"61" !MINI. SOLUTIONS PUD �� m v.a.ffi s .�goo DEVELopmENT PARCELS r.� EXHleEXHIBITC r �r.(a�e�ae-you �iepae.ae:6 'mow xmbw'-nm CHANDLER IH 35 RETAIL, LT"R kw#f -w%kme mn4m onto a tM 2011-07-19 SCALE: 1"x300' DRAWN 9Y: LIfB RLE. GA100718\10001\EXHISITS... PROJECT No.: 100718-IDDM v EXHIBIT D-1 Uses and Development Standards for Parcel 1 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 the all development on the portion of the Property identified as Parcel 1 on the Parcel Map,attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-1". Unless otherwise defined,all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances,as amended. 1. PERMITTED USES The following principal uses are permitted: (a) Grocery Stores (within a structure containing at least 110,000 square feet),including an on-site gas/fuel station with an accompanying single or double bay fully automatic car wash. (b) Retail Sales and Services,subject to: (i) the conditions established in the C-la (General Commercial-Limited) zoning district, Section 46-142, as amended;and (ii) the applicable conditions listed in this section. (b) Bank(including off-site cash machines). This includes banks, savings and loans, and credit unions. (c) Indoor Entertainment Activities (provided such activities shall be limited to an r operation which includes both a mix of entertainment activities and food and beverage service). (d) Eating Establishments, excluding drive through services (except that a non- vehicular "to go" window shall be permitted for a sit down restaurant) (e) Drive through services for a bank or pharmacy (f) Outdoor Entertainment(this use shall be limited only to an outdoor music venue) (g) Theater/Cinema (h) Bars/Pubs/Taverns,which is the use of a site for the retail sale of alcoholic beverages for consumption on premises (i) Hotel (j) Conference Center (k) Fire or Police Station (1) Visitor Center,which is the use of a site for the provision of information to the public regarding a development,project, or the surrounding community,as well as related activities, events,programs and tourist locations. (m) Wireless Transmission Facility,Stealth (n) Wireless Transmission Facility,Attached (o) Park,Private (p) Park, Linear/Linkage (q) Park,Community (r) Park, Neighborhood (s) Park,Regional/Metropolitan 2. PROHIBITED USES The following uses are prohibited: (a) Automotive&machinery repair (b) Automotive &machinery services (c) Automotive parts (d) Automotive sales (e) Automotive rental (f) Automotive&machinery washes (g) Wrecking yards (h) Sale of used goods (except antiques and estate sales) (i) Sexually oriented businesses (j) Trucking terminals (k) Truck service or repair (1) Truck stops (m) Bulk distribution centers (n) Mini warehouses (o) Flea markets (p) Portable building sales (q) Manufactured home sales (r) Boat sales (s) Camper sales (t) Industrial building sales (u) Amusement parks or carnivals (v) Campgrounds (w) Shooting ranges (x) Kennels (y) Video arcades (as a primary use) (z) Billiard parlors &pool halls (as a primary use) (aa) Tattoo parlors (bb) Donation centers (cc) Recycling centers (dd) Wholesale nurseries (ee) Recreational vehicle parks (ff) Pawn shops (gg) Heavy equipment sales (hh) Wireless Transmission Facility, Self-Standing p y 3. SPECIAL EXCEPTIONS All other uses that are not specifically addressed in this ordinance will require a special exception,in accordance with the City of Round Rock Code of Ordinances. 2 4. DESIGN STANDARDS 4.1.Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures: (a) Asbestos (b) Mirrored Glass (reflectivity of 20% or more) (c) Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) (d) Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2.Architectural Requirements (a) Except as modified by this ordinance, the project shall comply with the C-1a (General Commercial- Limited) Design Standards specified in Chapter 46-142 of the Round Rock Zoning Ordinance. (b) Buildings and structures shall incorporate similar and compatible architectural styles currently planned for buildings and structures in Parcel 1 of PUD 60(Round Rock Premium Outlet Mall) as generally depicted on Exhibit"G"attached hereto, utilizing similar building materials,colors and designs. (c) Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings,utilizing shaded pedestrian walkways,public plazas, landscaping and other public amenities. (d) Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval; such approval not to be unreasonably withheld. 4.3.Wet Pond (a) The detention/retention pond to be located at the Southwest corner of Parcel 1 (the corner of I-35 and Chandler Road) shall be designed and constructed as a"Wet Pond" water feature (i.e.,a constant body of water with natural shape combining storm water detention and filtration functions, as required,with water retention). (b) Aquatic plantings shall be installed around the perimeter of the pond for biological filtration of the storm water. (c) A fountain feature shall also be included in the pond for water aeration. 3 EXHIBIT D-1 Uses and Development Standards for Parcel 1 and Parcel 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 the all development on the portion of the Property identified as Parcel 1 and nar„el on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-1"and Exhibit "C !A". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances, as amended. I. PERMITTED USES—Paffe14 The following principal uses are permitted: (a) Grocery Stores (within a structure containing at least X000110,000 square feet), including an on-site gas/fuel station with an accompanying single or double bay fully automatic car wash (b) Retail Sales and Services, subject to: (i) the conditions established in the C-1a (General Commercial Limited) zoning district Section 46-142 as amended; and (ii) the applicable conditions listed in this section Exeept as desEribed eetien 1.2 below, Retail Sales and Ser-viees shall be limited to4he fo (i) Fier-ist (ii) Cleaners (drop off and piek up epAy) (iii) 14, ..Salo (iv) Alteration Shop ffa&T) (e) Copy Business ess ` e l[Cr(c) Bank (including off-site cash machines). This includes banks, savings and loans, and credit unions. (d) Indoor Entertainment Activities (provided such activities shall be limited to an operation which includes both a mix of entertainment activities and food and beverage service). (e) Eating Establishments, excluding drive through services (except that a non- vehicular "to go" window shall be permitted for a sit down restaurant) (f) Drive through services for a bank or pharmacy (g) Outdoor Entertainment (this use shall be limited only to an outdoor music venue) (h) Theater/Cinema (i) Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises (j) Hotel (k) Conference Center (1) Fire or Police Station (m) Visitor Center, which is the use of a site for the provision of information to the public regarding a development, project, or the surrounding community, as well as related activities, events, programs and tourist locations. (n) Wireless Transmission Facility, Stealth (o) Wireless Transmission Facility, Attached (p) Park, Private (q) Park, Linear/Linkage (r) Park, Community (s) Park, Neighborhood (t) Park, Regional/Metropolitan 1.2. The follewing Retail Sales and Service uses are pet:mitted in a b iih4ng—wI+" faces Chandler- Road or Oakmont Pr-ive, so 1 gregate square feetage of these uses does not ex-eeed 10,0 square feet at any tina, (b) Dental Service (c) Shoe R—( rr (d) Real Estate O ffie (g)—PanFo Studio (h) Private Postal Se (i) iewelry4Zept-4 �\ .,c-�s Center (k) Dental Service Ill !-'1,;,.,,r.,aet �1/ `- (m� Educational Learning is Center a � f- (n) Steeks and Bonds Brokers (v) Mortgage (p) insur-anee Agents 2. PERMITTED USES Par-Ce!rA X11 g uses are per ittedonPareellAi (b) Eating Establishments vv or-without Prive Through � i b 2. PROHIBITED USES —P-affel-i and Par-eel I A The following uses are prohibited o 12areel 1 and n_____, , A: (a) Automotive & machinery repair (b) Automotive &machinery services (c) Automotive parts 2 (d) Automotive sales (e) Automotive rental (f) Automotive & machinery washes (g) Wrecking yards (h) Sale of used goods (except antiques and estate sales) (i) Sexually oriented businesses (j) Trucking terminals (k) Truck service or repair (1) Truck stops (m) Bulk distribution centers (n) Mini warehouses (o) Flea markets (p) Portable building sales (q) Manufactured home sales (r) Boat sales (s) Camper sales (t) Industrial building sales (u) Amusement parks or carnivals (v) Campgrounds (w) Shooting ranges (x) Kennels (y) Video arcades (as a primary use) (z) Billiard parlors & pool halls (as a primary use) (aa) Tattoo parlors (bb) Donation centers (cc) Recycling centers (dd) Wholesale nurseries (ee) Recreational vehicle parks (ff) Pawn shops (gg) Heavy equipment sales (hh) Wireless Transmission Facility, Self-Standing 3. SPECIAL EXCEPTIONS All other uses that are not specifically addressed in this ordinance will require a special exception, in accordance with the City of Round Rock Code of Ordinances. 4. DESIGN STANDARDS 4.1. Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures: 3 (a) Asbestos (b) Mirrored Glass (reflectivity of 20% or more) (c) Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) (d) Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2. Architectural Requirements (a) Except as modified by this ordinance, the project shall comply with the C-1a (General Commercial - Limited) Design Standards specified in Chapter 46- 142 of the Round Rock Zoning Ordinance. (b) Buildings and structures it Parcel 1 and Parcel shall incorporate similar and compatible architectural styles currently planned for buildings and structures in Parcel 1 of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on Exhibit "G" attached hereto, utilizing similar building materials, colors and designs. (c) Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings, utilizing shaded pedestrian walkways, public plazas, landscaping and other public amenities. (d) Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval; such approval not to be unreasonably withheld. 4.3. Wet Pond (a) The detention/retention pond to be located at the Southwest corner of Parcel 1 (the corner of I-35 and Chandler Road) shall be designed and constructed as a "Wet Pond" water feature (i.e., a constant body of water with natural shape combining storm water detention and filtration functions, as required, with water retention). (b) Aquatic plantings shall be installed around the perimeter of the pond for biological filtration of the storm water. (c) A fountain feature shall also be included in the pond for water aeration. 4.4. Special Standards for PareeI4-A In addition to the requirements of this i r the foliowing shall apply to the development on Par-eel 1 A.: (a) An outdoor seating area, providingshall be , provided; —The building exterior- shall e 00% masonry, with of 50 F 11 fA"r `•1ey•,fi,•,-•`•, exclusive of windows and-lover, consisting of stone. For-the 4 i purposes F this "masonry" 14 be defined as sten e,rsection, , �c=ucc�crnzc; �`vnc�tueee--standard Exterior insulation and Finish Systems t (trr•n) a abuse resistant EIFS fur exterior-fipdsh below eight feet.Pamted, text ` tilt waR panels that convey the appear-anee of ene of the before mentioned-masonfy materials are ac-eeptable- The he b. •,a shallincorporate�_e following-ar�TeEi� es- lzea tures,as gena�� / depicted-onE bit i. Awnings,with steel finish; iv. Stone C-olumns on the outdoor-seating afea matehing the stone on the building (d) Landscape Buffer Bufferfoye ice 1' Facilities: The locatioof f drive thrrnigh facilities shallq i�.„ the C 11 An eight feet (8') wide dedicated landseape b buffer, easements,unencumbered by utilities or shall be provided along the pr-opeFty line which is closest to the drive through any street frontage. 11 The lanrlsc-ape buffer-(s) 1, 11 contain t1, followling plant materials- 1. One Large or Medium Tree, minimum three ineh ealiper, per fi" (50) linear feet-, of which 75 o Large T-rees of an evergreenandg r 2. S a Am two inch caliper, per Pirventy (20) linear feet-; and 3. One Large per four-( ) linear feet, 75% of-co-irch are of aR ever-green speciei �, x 5 N z w PUD 60 PF-3 PUD 71 PUD 59 Subject Tract 35.1 ac. . a y RM 1431 PF-2 LI PUD 64 PUD 86 PUD 71 PUD 65 i i i i ROUNDROCK,TEXAS City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERITY. t i Agenda Item No. H3. Consider public testimony regarding and an ordinance adopting Amendment No. 5 to the Planned Unit Development (PUD) No. 59 zoning district to revise the commercial Agenda Caption: development standards. (First Reading) Meeting Date: August 23, 2012 Department: Planning and Development Services Staff Person making presentation: Peter Wysocki Planning and Development Services Director Item Summary: PUD 59 was approved by the City Council on May 26, 2005. Land uses were divided among three parcels: Parcel 1 (-35 acres)with frontage on University Boulevard, Parcel 2 (-5 acres) bordering the adjacent property zoned as PUD 60 (Round Rock Premium Outlets) and Parcel 3 (-6 acres), also bordering the adjacent PUD 60. In 2011, an amendment to the PUD created Parcel 1-A to allow a drive-through restaurant with specific design standards required for the building. Staff has been informed that the fast-food restaurant is no longer planned for that site. F The interior of Parcel 1 is partially developed with retail and restaurant uses; however, a large portion of the Parcel 1 fronting University Blvd. remains undeveloped. This amendment proposes to modify the land uses on Parcel 1 and 1-A of the PUD. Land uses were narrowly defined when the PUD was originally created in order to attract specific types of businesses. Non-retail uses were limited to an aggregate total of no more than 10,000 square feet. With the subsequent development of much of the surrounding area with a variety of retail stores these use restrictions are no longer warranted, are limiting the marketability of the site and hence are being requested by the owners to be removed from the PUD. The PUD also required that a grocery store located on Parcel 1 be a minimum of 125,000 square feet in size in order to accommodate stores that also sell non-food items. Since the approval of the PUD in 2005, the prototype for this type of grocery store has changed to a smaller size. The proposed amendment would therefore reduce the required minimum size of a grocery store to 110,000 square feet, a marginally smaller size which will still provide for a store which can accommodate a significant amount of retail goods. In addition, a gas station and accompanying single or s double bay automatic car wash would be added to the permitted use list. The drive-through restaurant that was permitted on Parcel 1-A by the amendment in 2011 would be eliminated. In addition, this amendment inserts various retail and service-oriented uses that have been specifically prohibited in the PUD. These uses are compatible and consistent with the surrounding shopping centers. The Planning and Zoning Commission voted 8-0 on July 25, 2012 to recommend approval of the PUD amendment. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval t { { � \ r { t ( \ \ \ [ ( It RECORDED [ DOCUMENIS FOLLO : { ( � ( � { { � | � } I ( ORD 201207@410 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 16 PGS k- S.' 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON { CITY OF ROUND ROCK s 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-12-08-23-H3, which approves Amendment No. 5 to s I the Planned Unit Development (PUD) No. 59 zoning district to revise the commercial i development standards. This ordinance was approved and adopted at a regular meeting of the I Round Rock City Council held on the 23rd day of August 2012 recorded in the City Council I Minute Book 59. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 28th day of August 2012. SARA L. WHITE,TRMC, City Clerk s A t f ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. Z-05-05-26-11D3, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON MAY 26, 2005, BY AMENDING EXHIBITS "C" AND "D-1", AND THE LIST OF EXHIBITS, AND BY DELETING EXHIBITS "CAA" AND "K" f TO THE DEVELOPMENT PLAN OF PUD NO. 59, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on May 26, 2005, the City Council of the City of Round Rock, Texas, i adopted Ordinance No. Z-05-05-26-11 D3, which established PUD No. 59, and ± WHEREAS, the City and Chandler IH 35 Retail, Ltd. ("Owner") agreed to an I Administrative Amendment (Amendment No. 1), as defined in Section 13.1 of PUD No. 4 59, such amendment filed as Document No. 2005043038 with the County Clerk of i Williamson County, Texas, and WHEREAS, the City and Chandler IH 35 Retail, Ltd. ("Owner") agreed to an f Administrative Amendment (Amendment No. 2), as defined in Section 13.1 of PUD No. t 59, such amendment filed as Document No. 2006005772 with the County Clerk of t F Williamson County, Texas, and WHEREAS, on December 16, 2010, the City Council of the City of Round Rock, Texas, adopted Ordinance No. G-10-12-16-9AG1, to amend Exhibits "C", "C-3", "D-3", f `s and the List of Exhibits, and to add Exhibits "C-3A" and "J" to the Development Plan of F 4 PUD No. 59 (Amendment No. 3), and t WHEREAS, on August 25, 2011, the City Council of the City of Round Rock, r Texas, adopted Ordinance No. Z-11-08-25-8A1, to amend Exhibits "C", "C-1", "D-1", s and the List of Exhibits, and to add Exhibits "C-1A" and "K" to the Development Plan of fi PUD No. 59 (Amendment No. 4), and 4 O:\wdox1 SCC1nts\0I 121120CMUNICIPAU00256319DOC WHEREAS, an application has been made to the City of Round Rock, Texas to amend Exhibits "C" and "D-1", and the List of Exhibits, and to delete Exhibits "C-1A" and "K" of the Development Plan of PUD No. 59, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z-05-05-26-11 D3 on the 25th day of July, 2012, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the s Planning and Zoning Commission has recommended that Ordinance No. Z-05-05-26- 11 D3 be amended, and WHEREAS, on the 23`d day of August, 2012, after proper notification, the City F i F Council held a public hearing on the requested amendment to Ordinance No. Z-05-05- 26-11 D3, and WHEREAS, the City Council determined that the requested amendment to k Ordinance No. Z-05-05-26-11D3 promotes the health, safety, morals and general F welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter F 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, t TEXAS: I. That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District#59 meets the following goals and objectives: i 2 e (1) The amendment to P.U.D. #59 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #59 is in harmony with the general purposes, { goals, objectives and standards of the General Plan. _ (3) The amendment to P.U.D. #59 does not have an undue adverse effect on t s adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and I general welfare. i II. 1 That the List of Exhibits as approved in Ordinance No. Z-05-05-26-11 D3 for PUD i F f No. 59 is hereby deleted in its entirety, and replaced with the new List of Exhibits, 6 attached hereto and incorporated herein. F III. i {k{ 1' That Exhibits "C", and "D-1" are hereby deleted in their entirety and replaced with new Exhibits "C", and "D-1", attached hereto and incorporated herein. E IV. That Exhibits "C-1A" and "K" are hereby deleted from the Development Plan of t PUD No. 59. 3 V. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are k expressly repealed. 2 B. The invalidity of any section or provision of this ordinance shall not ' invalidate other sections or provisions thereof. 3 s i f" 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 3 t 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. 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 days was dispensed with. j READ, PASSED, and ADOPTED on first reading this 23 day of 2012. i Alternative 2. READ and APPROVED on first reading this the day of , 2012. t READ, APPROVED and ADOPTED on second reading this the day of j `i 12012. t f r S Wk i* City of Round Rock, Texas ? M � Pgo-fiem S ATTEST: SARA L. WHITE, City Clerk 4 r t f 3 is s LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit"A" Metes and Bounds Description of Property Exhibit"B" Lien Holder Consent Exhibit"C" Development Parcels Exhibit"C-1" Metes and Bounds Description of Parcel 1 G Exhibit"C-2" Metes and Bounds Description of Parcel 2 { Exhibit"C-3" Metes and Bounds Description of Parcel 3 E Exhibit"C-3-A" Metes and Bounds Description of Parcel 3-A Exhibit"G4" Metes and Bounds Description of Oakmont Drive Exhibit"D-1" Uses and Development Standards for Parcel 1 Exhibit"D-2" Uses and Development Standards for Parcel 2 i Exhibit"D-3" Uses and Development Standards for Parcel 3 R f Exhibit"E" Reserved ' } Exhibit"F-1" Streetscape(Plan View) Exhibit"F-2" Streetscape (Profile View) Exhibit"G" Architecture Exhibit"H" Right of Way and Easement Locations Exhibit"I" Theater/Cinema Design and Signage i Exhibit"J" Parcel 3-A Landscape Buffer t 7 9 k i t F A 1: 714�L '� j ,IaTano ' lu PARCEL 9 CLUB AQRES ., (224.144 SO, FT.) I ~ 4�1 ����P,AAy�Rs�CEL 1�p 3&WS ACRES a (1.520.677 S0.Fr.) c • V ACRES ` ^• � A3. . ( AWAL J i !I 1 kVACRES SM4M 1%%W �Bury+P&nners CHANDLER�yA-W RETAIL, LTEX t?�N`INELRI TIONT PUD #$8 DEVELOPMENT PARCELS tup�-�o1i'"%s tu>gw-.a� EM113IT C itlR 51pMntla 711e51r►-nw CHANDLER IH 35 RETAIL, LTi Im7frub rr tike m"qu Boa 0 DAIE 2011-07-1Y SCALE: 1--MW' BRAWN BY: UG n \100718\10001\EIWIBITS... PROJECT No.: 100718-10001 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. k 3 EXHIBIT D-1 Uses and Develoyment Standards for Parcel 1 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 the all development on the portion of the Property identified as Parcel 1 on the Parcel Map,attached to this ordinance as Exhibit "C",and further described by metes and bounds in Exhibit"C-1". Unless otherwise defined,all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances,as amended. 1. PERMITTED USES The following principal uses are permitted: (a) Grocery Stores(within a structure containing at least 110,000 square feet),including i an on-site gas/fuel station with an accompanying single or double bay fully automatic car wash. (b) Retail Sales and Services,subject to: (i) the conditions established in the C-la (General Commercial-Limited)zoning district,Section 46-142,as amended;and (ii) the applicable conditions listed in this section. (b) Bank(including off-site cash machines). This includes banks,savings and loans, and credit unions. ' 3 (c) Indoor Entertainment Activities(provided such activities shall be limited to an 3 operation which includes both a mix of entertainment activities and food and beverage service). (d) Eating Establishments,excluding drive through services(except that a non- r vehicular "to go" window shall be permitted for a sit down restaurant) (e) Drive through services for a bank or pharmacy (f) Outdoor Entertainment(this use shall be limited only to an outdoor music venue) (g) Theater/Cinema (h) Bars/Pubs/Taverns,which is the use of a site for the retail sale of alcoholic beverages for consumption on premises E (i) Hotel (j) Conference Center (k) Fire or Police Station (1) Visitor Center,which is the use of a site for the provision of information to the s public regarding a development,project,or the surrounding community,as well as f related activities,events,programs and tourist locations. (m) Wireless Transmission Facility,Stealth (n) Wireless Transmission Facility,Attached 3 (o) Park,Private (p) Park,Linear/Linkage ` (q) Park,Community (r) Park,Neighborhood (s) Park,Regional/Metropolitan • k 2. PROHIBITED USES The following uses are prohibited: (a) Automotive&machinery repair (b) Automotive &machinery services (c) Automotive parts (d) Automotive sales (e) Automotive rental (f) Automotive&machinery washes (g) Wrecking yards z (h) Sale of used goods(except antiques and estate sales) (i) Sexually oriented businesses r. (j) Trucking terminals (k) Truck service or repair (1) Truck stops (m) Bulk distribution centers i (n) Mini warehouses (o) Flea markets ` (p) Portable building sales (q) Manufactured home sales (r). Boat sales (s) Camper sales (t) Industrial building sales (u) Amusement parks or carnivals (v) Campgrounds r (w) Shooting ranges (x) Kennels (y) Video arcades (as a primary use) r (z) Billiard parlors&pool halls(as a primary use) (aa) Tattoo parlors f (bb) Donation centers (cc) Recycling centers (dd) Wholesale nurseries (ee) Recreational vehicle parks (ff) Pawn shops (gg) Heavy equipment sales (hh) Wireless Transmission Facility,Self-Standing z 3. SPECIAL EXCEPTIONS s All other uses that are not specifically addressed in this ordinance will require a special exception,in accordance with the City of Round Rock Code of Ordinances. i 2 i 4. DESIGN STANDARDS 4.1.Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures: (a) Asbestos (b) Mirrored Glass (reflectivity of 20% or more) (c) Corrugated metal(except for trim or minor decorative features approved by the Director of Planning) Y (d) Unfinished sheet metal (except for trim or minor decorative features approved by g the Director of Planning) 4.2.Architectural Requirements { It (a) Except as modified by this ordinance, the project shall comply with the C-1a (General Commercial- Limited)Design Standards specified in Chapter 46-142 of s the Round Rock Zoning Ordinance. ? (b) Buildings and structures shall incorporate similar and compatible architectural styles currently planned for buildings and structures in Parcel 1 of PUD 60(Round j Rock Premium Outlet Mall)as generally depicted on Exhibit"G"attached hereto, utilizing similar building materials,colors and designs. (c) Emphasis shall also be placed on human scale design and pedestrian connectivity between buildings,utilizing shaded pedestrian walkways,public plazas, landscaping and other public amenities. (d) Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval;such approval not to be unreasonably withheld. k E 4.3.Wet Pond (a) The detention/retention pond to be located at the Southwest corner of Parcel 1 (the corner of I-35 and Chandler Road)shall be designed and constructed as a"Wet Pond" water feature(i.e.,a constant body of water with natural shape combining storm water detention and filtration functions,as required,with water retention). (b) Aquatic plantings shall be installed around the perimeter of the pond for biological filtration of the storm water. (c) A fountain feature shall also be included in the pond for water aeration. 3 E x: EXHIBIT D-1 Uses and Development Standards for Parcel 1 and Par-eel , " z; 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 the all development on the portion of the Property identified as Parcel 1 and n..,.,el a on the Parcel Map, attached to this ordinance as Exhibit"C", and further described by metes and bounds in Exhibit "C-1"and-Ea hibibit "C !A". Unless otherwise defined, all terms used shall correspond to the definitions in the City of Round Rock Code of Ordinances, as amended. b 1. PERMITTED USES—rte_ The following principal uses are permitted: (a) Grocery Stores (within a structure containing at least X0110,000 square feet),including an on-site gas/fuel station with an accompanying single or i double bay fully automatic car wash. (b) Retail Sales and Services, subject to: (i) the conditions established in the C-1a (General Commercial -Limited zoning district Section 46-142 as amended;and (ii) the applicable conditions listed in this section. Except«, acvciivecirrSection rz2 below-, Retail c crcs and Services-shall be limited to the folio Fierist (ii) Cleaners (drop off and pick up epJy) f (iii) Hair Sale-n. (W) Alteration Shop ffailer) Lir\ Copy Business('erste (c) Bank (including off-site cash machines). This includes banks, savings and loans,and credit unions. (d) Indoor Entertainment Activities (provided such activities shall be limited to an operation which includes both a mix of entertainment activities and food s and beverage service). (e) Eating Establishments, excluding drive through services(except that a non- vehicular "to go" window shall be permitted for a sit down restaurant) (f) Drive through services for a bank or pharmacy (g) Outdoor Entertainment (this use shall be limited only to an outdoor music venue) (h) Theater/Cinema (i) Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic beverages for consumption on premises (j) Hotel (k) Conference Center i (1) Fire or Police Station (m) Visitor Center,which is the use of a site for the provision of information to E the public regarding a development, project,or the surrounding community, as well as related activities,events, programs and tourist locations. (n) Wireless Transmission Facility,Stealth (o) Wireless Transmission Facility, Attached (p) Park, Private (q) Park, Linear/Linkage (r) Park,Community (s) Park, Neighborhood (t) Park, Regional/Metropolitan . . The fellowing Retail Sales and Serviee uses are per-mitted in a bUilding NYfaces Chandler-Road or-Oakmont Drive, so long as the aggregate square footage i o f the uses a„ not emeeed 10,000 square feet at any timez (b) DenW Service (e)-- nom'-- k ? f i i e Repair ���� (e) Day Spa(f) Travel p� `_ e g E (h) Private PesW Ser-viee (i) jewelry Repai (j) Weight Less Center (k) Dental Sefviee }— 0h4-epaeter (m) Educational Learpdag Centei (n) Steeks and Bonds Brokers (p) insur-anee Agents 2. PERMITTED USES Par-eel I A t 2.1. The ZVI1V wing uses are per-mitted an Par-eel!A.! (b), Eating Establishments vAth-or-withe t Drive Through Serviees € 2. PROHIBITED USES— The following uses are prohibited en Par-eel 1 and Par-Eel 9-A: (aGasoline ems, (a) Automotive &machinery repair (b) Automotive &machinery services (c) Automotive parts 2 t is (d) Automotive sales (e) Automotive rental (f) Automotive&machinery washes ' (g) Wrecking yards (h) Sale of used goods (except antiques and estate sales) (i) Sexually oriented businesses (j) Trucking terminals (k) Truck service or repair (1) Truck stops (m) Bulk distribution centers (n) Mini warehouses (o) Flea markets (p) Portable building sales (q) Manufactured home sales f F (r) Boat sales (s) Camper sales (t) Industrial building sales (u) Amusement parks or carnivals (v) Campgrounds t (w) Shooting ranges (x) Kennels (y) Video arcades (as a primary use) (z) Billiard parlors &pool halls (as a primary use) (aa) Tattoo parlors (bb) Donation centers (cc) Recycling centers (dd)Wholesale nurseries (ee) Recreational vehicle parks (ff) Pawn shops (gg) Heavy equipment sales (hh)Wireless Transmission Facility,Self-Standing 3. SPECIAL EXCEPTIONS All other uses that are not specifically addressed in this ordinance will require a special exception,in accordance with the City of Round Rock Code of Ordinances. 4. DESIGN STANDARDS 4.1. Prohibited Materials The following materials are prohibited on the exterior walls and roofs of all buildings and structures: 3 i F (a) Asbestos (b) Mirrored Glass (reflectivity of 20% or more) ' (c) Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) (d) Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) 4.2. Architectural Requirements (a) Except as modified by this ordinance, the project shall comply with the C-la (General Commercial -Limited) Design Standards specified in Chapter 46- 142 of the Round Rock Zoning Ordinance. (b) Buildings and structures in Par-eel, and Parcel " shall incorporate similar f �' and compatible architectural styles currently planned for buildings and structures in Parcel l of PUD 60 (Round Rock Premium Outlet Mall) as generally depicted on Exhibit"G" attached hereto, utilizing similar building materials,colors and designs. (c) Emphasis shall also be placed on human scale design and pedestrian f connectivity between buildings,utilizing shaded pedestrian walkways, public plazas,landscaping and other public amenities. (d) Building elevations demonstrating compliance with the requirements of this section shall be submitted with the Preliminary Site Plan for City review and approval; such approval not to be unreasonably withheld. F I 4.3.Wet Pond (a) The detention/retention pond to be located at the Southwest corner of Parcel 1 (the corner of I-35 and Chandler Road) shall be designed and constructed as a "Wet Pond" water feature (i.e., a constant body of water r with natural shape combining storm water detention and filtration functions, as required,with water retention). (b) Aquatic plantings shall be installed around the perimeter of the pond for biological filtration of the storm water. (c) A fountain feature shall also be included in the pond for water aeration. 4A. Speeial Standards for PareeI4-A In addition to the requiremeMs ef this Seefien,the following shall apply to th development on Pareel 1 A.: (a) An outdoor seating area, pi:eviding seating for a f 12 people, shall be provided; (b) The building exterior-shall be 0 masepxy, with a wd imum of 50% of all F four / exelusive of windows and doors,consistingof stone. For- J 4 x z: t i F Ln an LU 14 4 i A N z W PUD 60 PF-3 PUD 71 PUD 59 t. v _ Subject Tract 35.1 ac. RM 1431 PF-2 LI PUD 64 PUD 86 PUD 71 PUD 65 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2012070410 08/29/2012 11:36 AM CPHELPS $76.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS s E E { E 1 i k i k f { 9' CITY OF ROUND ROCK 221 EAST MAIN STREET -� J ROUND ROCK, TX 78664