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Z-13-07-25-G7 - 7/25/2013ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 412.111 ACRES OF LAND OUT OF THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 96; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City of Round Rock, Texas has recently annexed 412.111 acres of land out of the Joseph Mott Survey, Abstract No. 427 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 3rd day of July, 2013, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 96, and WHEREAS, on the 27th day of July, 2013, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, Sections 46-92, 46-104, and 46-106, Code of 0112.1304; 00278406 Original Zoning Ordinance 7/13 Ordinances (2010 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 96 meets the following goals and objectives: (1) The development in PUD No. 96 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 96 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 96 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 96 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 96 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 96, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 96 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. 2 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this Z -S day of Alternative 2. READ and APPROVED on first reading this the day of , 2013. READ, APPROVED and ADOPTED on second reading this the day of , 2013. 3 ATTEST: SARA L. WHITE, City Clerk ALAN MCGRAW, Mayor City of Round Rock, Texas 4 223.361 Acre Tract Page 1 of 7 • EXHIBIT DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'h" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a' " iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a'/2" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a 1" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet angle point hereof, to an iron rod with cap found, for an to an iron rod with cap found, for an to an iron rod with cap found, for an to an iron rod with cap found, for an 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a' " iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a '/i" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a '/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a 'h" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a I/z" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a '/" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a 'h" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a '/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision • the undersigned during May, 2013: Parker J. Graha Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc 0 `m 0 0 0 0 z z 0 0 0 03 0 z z 0 D m c` 0 m N m 4INi)ti I co W 1—0'1gym c —DD m o OPA doh N� itM b D 0 m cn 0 m V 100-Z-CLI.Z 'ON 103rO2id m cn 0 r w r a) NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS • ► �• r r r- N C CA) 0) 0 n� m 0 r 01 r r 0o L9 L.,..0� L70 -L6 , L5 0-- • — • v L24 0- r 01 r 0) N v N 0) 1NIOd O31Min0iv0 C ► • 0 0 ONno 11SOd 30N3d ONnOi 1IVN UNflOE DOM NOMI .Z/I. 0 0 C Z 0 v OD rn ONfOd d`d0 HUM 0021 NOMI IRON ROD WITH "BAKER-AICKLEN CAP SET r m m z v L1 • NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. 0 (CALLED 1162.08 ACRES) �� DOCUMENT NO. 9824078 o r o OFFICIAL RECORDS o n WILLIAMSON COUNTY, TEXAS 03 m 0 0 LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59"W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69°18'39"W 507.18' L11 S75°16'13"W 100.46' L12 S70°32'01 "W 400.06' L14 S78°20'10"W 101.05' L15 N88°25'38"W 26.96' L16 S20° 11.51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' BAKER-AICKLEN 507 WESTU8ERIY AVE. ROUND ROGK,TEXAS 7Bfi64 I IP & ASSOCIATES, INC. (512)244.5620 ENGINEERING FIRM # F-45 Exoaa aa+s I st.rz..EVORB 1 815 1 auras 1 LaoH`JVENarrEcra SURVEY FIRM #1 m231fl ROUND ROCK THAE #17$7 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51 "E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 6] July 08, 2013- 9:55am 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. ® MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 0 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. © GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. 70. TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 0. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER-AICKLEN & ASSOCIATES, INC. ENENEERS 1 SURVEYORS I DIS 1 R.AMFTs AF>aRFi-IS ROUND ROCK 50'7D ROCKEST , E ROUND ROCK,78664 (512)244-9620 ENGINEERING FIRM # F-45 SURVEY FIRM #100.T31-0 THAE #1787 AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 7] July 08, 2013 - 9:55am 191.444 Acre Tract Page 1 of 8 EXHIBIT "A» I DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF: A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN VOLUME 2711, PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF: A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion, same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the northeast corner of said 2.694 acre portion, same being the southwest corner of said 4.8926 acre tract, same being the most westerly northwest corner of said 118.53 acre tract, for an angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for a non -tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the arc of a curve to the left, having a radius of 11901.20 feet, an arc length of 1529.32 feet, a central 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner hereof; THENCE continuing through the interior of said 144.41 acre tract, N 68°57'13" E for a distance of 1711.38 feet to a 1/" iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County, for an angle point hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53'18" E for a distance of 493.09 feet to a 1/2" iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre tract, the following eight (8) courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a 1/2" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract, for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S 05°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42'07" W for a distance of 267.37 feet to a fence post found, for an angle point hereof, 5. S 06°55'57" W for a distance of 577.76 feet to a fence post found, for an angle point hereof, 6. S 02°54'37" W for a distance of 4.18 feet to a fence post found, for an angle point hereof, and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 8. S 22°27'01" E for a distance of 151.38 feet to an iron rod with cap found for the southeast corner of said 118.53 acre tract, same being the northeast corner of a called 53.02 acre tract of land in deed to Charles N. Avery, III, Et. Al., recorded in document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the south boundary line of said 118.53 acre tract, same being the north boundary line of said 53.02 acre tract, S 74°28'37" W for a distance of 1901.33 feet to a'/i" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 118.53 acre tract, same being an angle point on the north boundary line of said 53.02 acre tract, same being the southeast corner of said 3.79 acre tract, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. S 46°14'14" W for a distance of 10.92 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. S 50°33'44" W for a distance of 184.07 feet to a l/" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 3.79 acre tract, same being the northwest corner of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, for an angle point hereof; THENCE with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, S 24°18'59" E for a distance of 316.94 feet to a l/" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the south boundary line of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, the following two (2) courses and distances: 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle point hereof, and 2. S 68°56'29" W for a distance of 51.12 feet to a '/" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 2.694 acre portion, same being the southeast corner of a called 1.16 acre tract of land in deed to Gerardo C. Tones, recorded in Document No. 9827796 of the Official Records of said County, for an angle point hereof; THENCE with the west boundary line of said 2.694 acre portion, same being the east boundary line of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a 1/2" 191.444 Acre Tract Page 4 of 8 iron rod with "Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract, for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract, in part with the north boundary line of said 1.16 acre tract, in part with the north boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County, the following three (3) courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. S 67°32'56" W for a distance of 808.77 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545.33 feet to a 1/" iron rod with "Baker-Aicklen" cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, N 21°01'52" W for a distance of 1116.55 feet to a 1/" iron rod with "Baker-Aicklen" cap set, same being on the south right-of-way line of County Road 186, for the most westerly northwest corner hereof; 191.444 Acre Tract Page 5 of 8 THENCE, with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a '/2' iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion, N 21°29'43" W for a distance of 31.58 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three (3) courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a'/2" iron rod with "Baker-Aicklen" cap set for an angle point hereof, 2. .N 68°44'40" E for a distance of 236.22 feet to a 1" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. N 68°42'10" E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervi, ii of the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\ME 1ES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -2-191.444 acre tract.doc 117 0 0 0D 0 0 0 Z 0 x 00 6) 0 z 2 6) K 0 Z 2 G) A E D 0 m c •e m 0 0 3 0 2 0 n 1) im co w m o]J -DD g r Z 0 21 2 m m m g A 9 z d n 9 3 z N 2 r 011 EA 9 d0 9 30Vd 00-Z-CL6Z 'ON 103r021d S910t, 118IHX3 ONINOZ 0 n > 0o r o� on D r m HTHON Al3AV NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS / r 0o c� L56 0 981, avo21 uNno3 1NIOd O31vin3lvo ' • 0 0 v ONnOi 1SOd 30N3d ONfOd IIYN ONnOd 0021 NO211 ..Z/6 ONnOI d` 9 HIIM 0021 NOH C1 — — — —r-- - — — J- — — — — r NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 1162.08 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS m -13 -n -n L62 r w o • L37 TRIPLE PLAY SPORTSPLEX, LP (CALLED 23.65 ACRES) DOCUMENT NO. 2005003974 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS r 0) w r w rn IRON ROD WITH 'BAKER-AICKLEN CAP SET r m G1 m z 0 CURVE TABLE CURVE NO. RADIUS ARC LENGTH CENTRAL ANGLE CHORD BEARING CHORD DISTANCE C1 11901.20' 1529.32' 007°21'45" N24°16'08"W 1528.27 LINE TABLE LINE NO. BEARING DISTANCE L33 N66°28'26"E 96.97' L34 N71°29'1 5"E 403.98' L35 N68°57'13"E 1711.38' L36 N68°53'18"E 493.09' L37 S21 °23'57"E 1094.60' L38. S05°13'37"W 35.58' L39 S06°55'57"W 577.76' L40 S02°54'37"W 4.18' L41 S29°07'24"E 27.53' L42 S22°27'01 "E 151.38' L43 S74°28'37"W 1901.33' L44 S46°14'14"W 10.92' L45 S50°33'44"W 184.07' L46 S24°18'59"E 316.94' L47 S68°57'45"W 52.41' L48 N24°01'20"W 270.57' L49 S50°54'32"W 219.16' L50 S62°06'02"W 271.55' L51 S67°32'56"W 808.78' L54 S21 °29'43"E 150.37' p, BAKER-AICKLEN sm WEST UBERIY AVE. ROUND ROCK, TEXAS 78664 110, & ASSOCIATES, INC. (512)244,9620 ENGINEERING FIRM # F•45 ENGINEERS 1 B ruts 1 GIs 113ANINERs 1 I-°+ ORO -RE= suRVEY FIRM #100231,0 ROUND ROCK TBAE #1787 LINE TABLE LINE NO. BEARING DISTANCE L55 S68°56'29"W 1545.33' L56 N21 °01'52"W 1116.55' L57 N68°29'58"E 1536.25' L58 N21 °29'43"W 31.58' L59 N68°39'10"E 334.16' L60 N68°44'40"E 236.22' L61 N68°42'10"E 677.53' L62 S21 °26'13"E 426.58' L64 S68°56'29"W 51.12' L65 S06°42'07"W 267.37' AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 7 OF 8 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING \TM -ZONING -AREA 2.dwg [PAGE 7] July 08, 2013-1:07pm C) AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. ® MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. 0 TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. ®. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER-AICKLEN ROUND ROC507WEST K,AVE.UBERTYAVTEXAS 78664 & ASSOCIATES, INC. (512/ 2449620 ENGINEERING FIRM # F45 Ena.Eaas s ,oes I GIS 1 FI.v.nER3 1 L ARD-rrEcrs SuRvEY FIRM #100231.0 ROUND ROCK TBAE#1787 AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 8 OF 8 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 2.dwg [PAGE 8] July 08, 2013 - 1:07pm DEVELOPMENT PLAN AVERY NORTH PLANNED UNIT DEVELOPMENT NO. 96 THE STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT „B» THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Ruben and Joyce Greinert; Avery Ranch Company, Ltd., a Texas Limited Partnership, acting by and through its General Partner, CJAC, Inc., a Texas Corporation; Charles N. Avery, III, Trustee of the Charles N. Avery, III Exempt Trust; John S. Avery, Trustee of the John S. Avery Exempt Trust; A. Nelson Avery, Trustee of the A. Nelson Avery Exempt Trust; L. Christina Avery Fell, Trustee of the L. Christina Avery Fell Exempt Trust; Treescape Farms GP, LLC, a Texas limited liability company; as their respective interests may appear in the respective portions of the hereinafter described property; and their respective successors and designated assigns. Upon sale, transfer or conveyance of portions of the hereinafter described property by a respective Owner to a designated third party owner/developer, the duties and obligations of the respective Owner, as it relates to the respective property being sold, shall be assigned to and assumed by the new owner/developer, and upon such sale and assignments of the duties and obligations hereunder, the respective Owner shall have no further liability relating to the respective property so sold and conveyed. WHEREAS, the Owner is the owner of certain real property consisting of 412.111 acres, as more particularly described in Exhibit "A" (Legal Description), (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to zone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Section 46-106 of the Code of Ordinances of the City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 3, 2013, the City's Planning and Zoning Commission recommended approval of the Owner's application for PUD zoning; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II. 17. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1-9, Code of Ordinances, City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1. Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2 Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.2. Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the City of Round Rock Code of Ordinances, as amended, hereinafter referred to as "the Code," and in Section II.16. 2. PROPERTY This Plan covers approximately 412.111 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that: 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4. APPLICABILITY OF CITY ORDINANCES 4.1. Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by Chapter 36 -Subdivisions and Chapter 46 - Zoning, and other sections of the Code, as applicable and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2. Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. PROJECT OVERVIEW 5.1. Purpose of Plan The purpose of the Plan is to provide a master planned commercial and residential development including a range of residential housing, retail, office, restaurant, and entertainment. Exhibit "B" (Context Map) illustrates the location of the Plan area. 5.2. Use Districts For the purpose of this Plan, the Avery North land uses have been divided into two use districts: COM (Commercial -Limited), containing approximately 22.3 acres, and RES (Residential), containing approximately 389.811 acres, both as shown in Exhibit "C" (Land Use Plan). The remaining area is designated for floodplain/open space and reserve/right-of-way. Specific uses and conditions are defined within this Plan for each land use district. (1) The COM component of the Plan allows retail, entertainment, restaurants and office components, more fully detailed in Section 6 below. (2) The RES component of the Plan allows for various types of single family detached structures and medium density attached residential structures. The Plan also includes a network of open spaces containing parks, greenbelts and trail corridors. These uses are more fully detailed in Section 6 below. 5.3. Concept Plan This Plan, as depicted in Exhibit "C", shall serve as the Concept Plan required by Section 36-39 of the Code, as amended. 6. PERMITTED USES 6.1. Land Use Table The following table contains the uses allowed according to the use district boundaries described in Exhibit "C". 4 Land Use RES DISTRICT COM DISTRICT Allowed with Conditions (See Section 6.2 below) Single Unit Townhouse Residential as defined in Section 8.2 (1) X X Single Family Detached — Estate Lot as defined in Section 8.2 (1) X X Single Family Detached — Large Lot as defined in Section 8.2 (1) X X Single Family Detached — Standard Lot as defined in Section 8.2 (1) X X Single Family Detached — Casita Lot as defined in Section 8.2 (1) X X Community Service X Government Facilities X Linear/Linkage Park X X X Neighborhood Park X Community Park X X Amenity/Recreation Center X Place of Worship (accessory uses not exceeding 2,500 square feet) X X X Place of Worship (accessory uses exceeding 2,500 sq. ft. but not greater than 20,000 sq. ft.) X X X Utility (Minor and Intermediate) X X X Eating Establishments — Restaurant/Bar X X Indoor Entertainment X X Office X Medical Office X Minor Emergency/Urgent Care clinics X Overnight Accommodations — Hotel / Motel X Retail Sales and Service X Section 46-160 (aa) (1) of Code Retail Sales and Service with Conditions: Veterinary Clinic, small animals X X Fuel Sales X X Cleaners/Alterations X X Small Animal Day Care and Training X X Small Animal Grooming X Assisted Living X X Senior Housing X Nursing Home X X Day Care X X X Schools (Elementary, Private) X X 5 6.2 Uses Allowed with Conditions (1) Single Unit Townhouse Residential: Development standards not addressed in this Plan shall comply with the TH (Townhouse) District, as amended. (2) Single Family Detached — Estate and Large Lot: Development standards not addressed in this Plan shall comply with the SF -1 (Single Family — Large Lot) District, as amended. (3) Single Family Detached — Standard Lot and Casita Lot: Development standards not addressed in this Plan shall comply with the SF -2 (Single Family — Standard Lot) District, as amended. (4) Park, linear and linkages: In Residential District, any trailhead (with parking) shall be located on a collector or higher street. Trail access points, intended to serve only pedestrians from the subdivision, may be located on a local street. (5) Community Park: Any structure established in connection with such uses shall be set back not less than 100 feet from any Residential District property. (6) Places of Worship (accessory uses totaling less than 2,500 square feet): Shall meet development standards and supplementary use standards for accessory uses. Required to have direct access to a collector or higher street. (7) Places of Worship (accessory uses exceeding 2,500 square feet, but no greater than 20.000 square feet): Shall meet development standards and supplementary use standards for accessory uses. Required to either front on or have direct access to a collector or higher street. (8) Utilities (9) (a) Minor utilities. Shall be treated as ground mounted mechanical equipment and shall comply with the district specific standards and any required landscaping standards in Section 46-195 of the Round Rock Code. (b) Intermediate and major utilities. Required to provide an eight foot high masonry fence (or alternate material approved in writing by the zoning administrator with landscaping in compliance with Section 46-195 of the Round Rock Code. The facility shall be secured. Eating Establishments — Restaurant/Bar (a) Freestanding eating establishments which include outdoor eating, drinking or entertainment areas, patios or drive through lanes and associated facilities shall be located more than 150 feet from any residential property line. 6 (b) Eating establishments in a multi -tenant building: any outdoor eating, drinking or entertaining areas, patios or drive through lanes and associated facilities with an eating establishment in a multi -tenant building shall be located more than 150 feet from any residential property line. (c) Eating establishments with drive through lanes which are located on a corner lot, at the intersection of two public streets, shall provide the landscape buffer and screening for drive through lanes, contained in Section 8.1 (14) below, in order to thoroughly screen the drive through lanes from public view. (10) Medical Office (a) Emergency medical services are not permitted. (b) With the exception of sleep clinics, regular service hours shall not begin before 7:00 a.m. and shall not extend past 9:00 p.m. (11) Indoor Entertainment (a) A freestanding indoor entertainment activities facility, including the building footprint, outdoor eating, drinking and entertainment areas/patios, drive through lanes and associated facilities, trash dumpsters and receptacles, and loading/unloading facilities, shall not be permitted within 150 feet of a residential property line. (b) An indoor entertainment activities facility within a multi -tenant building shall not be permitted within 50 feet of a residential property line. Outdoor eating, drinking and entertainment areas/patios and drive through lanes and associated facilities shall not be permitted within 150 feet of a residential property line. (12) Veterinary Clinic, small animals: No boarding of animals is allowed on site, except for medical purposes. (13) Small Animal Day Care and Training (a) Small animals shall not be allowed to be dropped off or picked up except between the hours of 6:00 a.m. and 9:00 p.m. (b) When abutting a residential property line, the required compatibility fence shall be a height of eight feet (8'). (14) Fuel Sales: Masonry columns are required for fuel station canopies. (15) Cleaners/Alterations: Pick-up and drop-off facilities only; no on-site laundry and dry cleaning plants. 7 (16) Daycare: Facilities may be integrated into an office complex or office building facility. 6.3 Land Use Limitations (1) Residential units are contained in five categories, as defined in Section 8.2 (1) of the Plan: (1) Single Unit Townhouse (2) Single -Family Detached — Estate Lots, (3) Single Family Detached — Large Lots, (4) Single Family Detached — Standard Lots and (5) Single -Family Detached — Casita Lots. The number of residential units allowed is limited as follows: (a) No more than 10% of the total units may be Single Unit Townhouse lots; (b) No more than 30% of the total units may be Single Family Detached Casita lots; (c) A minimum of 15% of the total units shall be Single Family Estate lots; (d) A minimum of 15% of the total units shall be Single Family Large Lots; (2) Each plat and/or site plan submitted to the City must contain a unit summary table listing the existing number of residential units constructed, the total number of new units proposed, and the resulting percentages of residential units for each category, based upon the above -stated limitations. 7. PROHIBITED USES 7.1 The following uses are prohibited within the PUD. 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. (1) Pawn Shop (2) Sexually Oriented Business (3) Funeral Home (4) Donation Centers and Sale of Used Goods (5) Office/Warehouse facilities 8 8. DEVELOPMENT USE STANDARDS 8.1 COM (Commercial -Limited) (1) Development Standards Table — COM (Commercial -Limited) All aspects not specifically covered by these COM standards shall be regulated by the C -la (General Commercial — Limited) zoning district, and other sections of the Code, as applicable and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. Standard COM (1) Minimum lot area - Minimum lot width 50 ft. Minimum setback from street (ROW) 15 ft. Minimum rear setback 0 / 10 ft. (2) Minimum rear setback abutting SF and TH property when a pre cast concrete panel fence option is used 50 ft. (3) Minimum rear setback abutting SF and TH property when a masonry fence option is used 40 ft. (3) Minimum side setback 0 / 10 ft. (2) Minimum side setback abutting SF and TH property when a pre cast concrete panel fence option is used 50 ft. (3) Minimum side setback abutting SF and TH property when a masonry fence option is used 40 ft. (3) Minimum setback for accessory building 0 or 5 ft. (4)(5) Maximum height of principal building 5 stories Maximum Height of accessory building 15 ft. Maximum Height of Fence within Street Yard 3 ft. (6) Maximum Height of Fence outside of Street Yard 8 ft. (6) (1) (2) (3) (4) (5) (6) Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements The setback shall be ten (l0) ft., except that common walls are not required to have a setback. The setback may be increased based on current fire and building codes. All COM uses that abut SF or TH uses shall be required to install and maintain a compatibility buffer which meets the requirements of section 46-200 of the Round Rock Zoning Ordinance along every property line which abuts said uses. The setback shall be five (5) ft., except that common walls are not required to have a setback. Accessory buildings or structures are not permitted in any street yard All fences shall provide a finished face to abutting streets 9 (2) Off Street Parking and Loading Parking requirements shall comply with the Code Section 46-196. (3) Fencing Design Standards (a) Fencing shall be constructed of the following materials: brick, stone, reinforced concrete, wrought iron, other decorative masonry materials. Fence posts shall be constructed of rust resistant metal parts, concrete based masonry or concrete pillars of sound structural integrity. (b) All fences shall provide a finished face abutting a single-family or townhouse use. (c) All fencing and walls on COM Commercial — Limited developments that are visible from the street shall be constructed of a material that matches or complements the masonry wall materials utilized within the RES Residential portions of the community. (d) Fencing shall not restrict visibility at intersections. (4) Screening (a) Service entrances, loading docks, waste disposal areas and other similar uses shall be oriented toward the rear of the site, away from streets and primary building entrances. (b) Drives accessing service areas between adjacent users or developments shall be shared by the adjacent users or developments. (c) Trash enclosures must be located a minimum of thirty feet (30) from single family residential property lines. (d) Landscape screening for dumpster and trash receptacles, ground mounted equipment, outdoor storage, loading docks and loading spaces shall comply with the requirements of Section 46-195 of the City's Zoning Code. (5) Special Design Standards These standards shall apply to all development in the COM (Commercial - Limited) Districts. (a) Access and Circulation 10 (i) Pedestrian and vehicular circulation shall be required to and from all buildings and sites. Pedestrian connectivity shall be achieved through the use of sidewalks, stamped concrete brick pavers and or stained/treated asphalt. (b) Primary Site Entrances (i) Entrances to individual building sites shall be designated with defining landscape and/or architectural features, including but not limited to medians and/or special paving. A license agreement from the City will be required for all such features located within public right of way. (6) Exterior Wall Finish and Exterior Color (7) (a) The exterior finish of all buildings shall be masonry, except for doors, windows, trim and accent features. (b) Masonry shall be defined as stone, simulated stone, brick, or 2 -step hard coat stucco. No more than 30% of the building facade may be stucco. The use of materials such as wood shingles, horizontally installed cement based siding or wood siding shall be limited to accent features. (c) Day-glo, luminescent, neon or similar types of color finishes are not permitted Building Articulation All buildings shall meet a minimum of five of the following design treatments: (a) Canopies or porticos, integrated with the building's massing styles. (b) Overhangs proportional in size to the mass of the building. (c) Arcades, with a minimum of eight -foot width. (d) Pitched roof forms over substantial portions of the building's perimeter including gable and hip roofs. (e) Ornamental and structural architectural details. (0 Decorative tower features. (g) Exterior arched treatment on at least two sides of the building. 11 (h) Use natural stone and masonry materials on the lower portions of buildings. (8) Awnings and Canopies (a) Awnings and canopies shall be placed so as to avoid obscuring details of the building facade. (b) Fabric awnings for windows shall be a drop -front style, except at arched window openings, and shall relate to each window or bay. (c) Awnings and canopies shall be placed so that there is a minimum clearance of eight (8) feet at its lowest point when over a sidewalk or other pedestrian walkway. (d) Colors of awnings must be compatible with the buildings. (e) Incorporate awnings along with any signage to provide a uniformly designed building facade. (f) Signs on awnings are permitted on the drop front portion of the awning. (g) Internally illuminated awnings are prohibited (9) Windows (a) Ground -floor street or courtyard facing facades shall have a minimum of forty (40) percent glazing. (b) For unique security or display purposes, including but not limited to art galleries and jewelry stores, ground floor glazing requirements may be reduced by the Zoning Administrator. (c) To assist with energy efficiency and solar gain the requirements in this subsection may be reduced by the Zoning Administrator to the extent that the required level or location of glazing conflicts with the standards of the Building Code or a recognized green building program. (10) Glass Except for photovoltaic surfaces, mirrored glass with a reflectivity of twenty (20) percent or more is not permitted on the exterior walls and roofs of buildings and structures. 12 (11) Roofing Materials — Pitched Roof (a) Pitched roofs shall be required for all one (1) story detached structures and shall have a pitch equal to or greater than a 4:12 pitch. Pitch may be 3:12 if the span is greater than sixty (60) feet. Pitched roofs shall not be required for one (1) story structures that share a common wall with another structure. (b) Roofing materials for pitched roofs shall not consist of composition shingles. Tile (clay, cement, natural or manufactured stone), non - reflective pre -finished metal, copper or other similar materials are required. (c) Portions of the roof screened by pitched roof sections shall be permitted to be flat to provide for mechanical equipment wells or roof decks provided all pitched sections of the roof meet the roofing material requirements. (d) All rooftop equipment, including satellite dishes and antenna, must be fully screened from view and located below the highest vertical element of the building. (12) Lighting Exterior lighting shall be used to provide illumination for security and safety of entry drives, parking areas, service and loading areas and pathways and courtyards. All exterior light fixtures should be designed and coordinated as compatible fixtures which relate to the architectural character of the buildings on a site. (a) External lighting shall be arranged and controlled, through the use of shielding and other measures, so as to deflect light away from any residential areas. (b) Building Illumination (i) The design and materials of lighting fixtures shall be consistent with the character of the area. Fully recessed down -lights, gooseneck lights or other fixtures appropriate to the style of a building shall be used. (ii) Illumination of a facade to highlight architectural details is permitted. Fixtures shall be small, shielded and directed toward the building rather than toward the street, so as to minimize glare for pedestrians and drivers. 13 (c) Site Lighting Design Requirements (i) Fixture (luminaire) The light source shall be completely concealed (recessed) within an opaque housing and shall not be visible from any street or residential development. (ii) Light Source (lamp) Incandescent, LED (light emitting diode), fluorescent, metal halide or color -corrected high-pressure sodium may be used. Other lamp types may be used, subject to the approval of the City. The same type of lamp shall be used for the same or similar types of lighting on any one site throughout a development. (iii)Mounting Fixtures shall be mounted in such a manner that the cone of light does not cross any property line of the site. (iv)Height of Fixture The height of a fixture shall not exceed twenty (20) feet. (d) Excessive Illumination (i) Lighting within any lot that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other lot is not permitted. Lighting unnecessarily illuminates another lot if it clearly exceeds the requirements of this Section, or if the standard could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties. (ii) Lighting shall not be oriented so as to direct glare or excessive illumination onto the street in a manner that may distract or interfere with the vision of drivers on such streets. (iii)If the COM parcel is adjacent to a Residential District, foot candle readings at the property line adjacent to a residential use shall not exceed 1.0. (13) Fire Safety (a) Mandatory fire sprinklers will be provided on all buildings within Avery North, with the exception of single family detached housing. (b) Alternative fire lane striping will be allowed upon approval by the Fire Marshall. Alternative striping may be desirable in certain areas to 14 minimize the aesthetic impact of red painted curbs throughout the development. (c) Alternative semi -pervious fire lane paving sections may be allowed, upon the approval of the City. (14)Landscape Buffer and Screening for Eating Establishment Drive Through Lanes, at the location specified in Section 6.2 (9) (c) (a) An awning and/or arbor -type covering over the drive-thru lane at the food delivery window and an earthen berm whose grade is retained near the edge of the drive-thru lane by a retaining wall or multiple terraced walls. (b) The retaining wall(s) shall have an overall minimum height of three feet (3') above the finished grade of the drive-thru lane. Wall(s) may taper to the surrounding finish grade at either end of the drive-thru lane. Walls should allow for planting on the drive-thru lane side as well as the berm side. (c) Walls shall be constructed of masonry material that is the same as or compatible with the material of the building exterior. (d) The earthen berm shall grade away from the retaining wall at no greater than a slope of 3:1 and shall provide a planting area of a minimum of eight feet (8') in width. The remaining berm slope may consist of turf grass or evergreen ground cover. (e) The awning or arbor shall be a color or shade that is compatible with the building exterior. Arbors shall be constructed of rough -sawn cedar or similar material and shall provide a structure or structures to support climbing vines or similar plant materials. (f) Landscape plantings shall be 100% evergreen, shall be native to or adapted to Central Texas and shall consist of the following minimum quantities per linear foot of the drive-thru lane: (i) One (1) large 3" caliper tree per 40 linear feet (ii) Two (2) small 1" caliper trees per 30 linear feet (iii) One (1) large 3 gallon shrub per 5 linear feet (iv) One (1) small 3 gallon shrub per 3 linear feet (v) Four (4) climbing vines on the support structures of an arbor 15 (vi)Ground cover as needed in areas not otherwise planted. a. Architectural Review Committee In order to maintain a comprehensive and complementary architectural style throughout the Plan area, the Owner shall establish an Architectural Review Committee ("ARC"). The ARC shall establish design guidelines to specify the architectural style, materials and colors to be used, in addition to building orientation. These design standards shall require that all COM architectural materials and styles complement the overall theme established for the residential master planned community. For each project, items such as architectural elevations, material sample boards and color samples shall be submitted to the ARC for their review and approval. The approval of the ARC shall not take the place of any and all required submittals to the City, County or other governmental agency as necessary to receive regulatory approvals. 16 8.2 (RES) Residential (1) Development Standards Table — (RES) Residential (l) Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements (2) Accessory buildings or structures are not permitted in any front street yard (3) All fences shall provide a finished face to abutting streets. (4) Fences shall not conflict with sight triangles at street intersections or obstruct views from adjacent driveways. (5) Common walls are not required to have a setback 17 Single Family Detached — Estate Lot (1) Single Family Detached — Large Lot (1) Single Family Detached - Standard Lot (1) Single Family Detached - Casita Lot (1) Single Unit Townhouse Residential (1) Minimum Lot Area 9,100 s.f. 7,500 s.f. 6,100 s.f. 5,000 s.f. 2,500 s.f. Minimum Lot Width 70 ft. 60 ft. 50 ft. 45 ft. 25 ft. Minimum Width of Principal Building 50 ft. 40 ft. 30 ft. 30 ft. Minimum Setback from Street (R.O.W.) 25 ft. 20 ft. 20 ft. 20 ft. 15 ft. Minimum Garage Door Setback from Street (R.O.W.) 25 ft. 20 ft. 20 ft. 20 ft. 20 ft. Minimum Rear Setback 20 ft. 20 ft. 20 ft. 10 ft. 20 ft. Minimum Rear Setback abutting SF Lots 20 ft. Minimum Side Setback 5 ft. 5 ft. 5 ft. 5 ft. 0/5 ft. Minimum Side Setback abutting SF Lots 20 ft. Minimum Setback for Accessory Building 5 ft. (2) 5 ft. (2) 5 ft. (2) 0 / 5 ft. (2)(5) 0 / 5 ft. (2)(5) Minimum Side Setback Zero Lotline _ Maximum Height of Principle Building 2.5 stories 2.5 stories 2.5 stories 2 stories 2.5 stories Maximum Height of Accessory Building 15 ft. 15 ft. 15 ft. ] 5 ft. 15 ft. Maximum Height of Fence within Street Yard 3 ft. (3) 3 ft. (3) 3 ft. (3) 3 ft. (3) 3 ft. (3) Maximum Height of Fence outside of Street Yard 8 ft. (3) (4) 8 ft. (3) (4) 8 ft. (3) (4) 8 ft. (3)(4) 8 ft. (3)(4) Maximum Lot Coverage 55 percent 55 percent 50 percent 50 percent N/A Maximum Density - - 15 DU./AC. (l) Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements (2) Accessory buildings or structures are not permitted in any front street yard (3) All fences shall provide a finished face to abutting streets. (4) Fences shall not conflict with sight triangles at street intersections or obstruct views from adjacent driveways. (5) Common walls are not required to have a setback 17 (2) Exterior Finish (a) Masonry shall be defined as stone, simulated stone, brick or 2 -step hard coat stucco. (b) Buildings shall be a minimum of 75% Masonry, with 100% Masonry required on the front and side elevations. The rear elevation may be horizontally installed cement based siding. The use of materials such as wood shingles, horizontally installed cement based siding or wood siding shall be limited to accent features. (c) No more than 75% of the building shall be 2 step hard coat stucco. (d) Homes that back up to collector level or primary streets shall be 100% Masonry on all four sides. (3) Garage Door Treatment (a) Garage doors that extend more than ten (10) feet in front of the street facing elevation of the home shall incorporate an upgraded garage door. An upgraded garage door shall be defined as a metal door with the addition of window panels, a faux wood garage door with decorative hardware, or a wood clad garage door. (b) Upgraded garage doors shall not be required for swing in, side entry garages. (4) Setback Requirements (5) (a) All required setbacks shall be free from any encroachments including eaves, overhangs, box windows and fireplaces. Air conditioning units and ground mounted equipment are exempt from this requirement. (b) Lots that back up to collector level streets must have an additional 10' of rear setback measured from the collector right of way line. This additional setback may also be accomplished through a landscape lot located along the collector roadway. Fencing Design Standards (a) General: Fencing shall be constructed of the following materials: brick, stone, reinforced concrete, decorative masonry, wrought iron, tubular steel, redwood, cedar, preservative treated wood or other equivalent materials approved by the Zoning Administrator. Railroad ties are not permitted. (b) Street Yard Fencing: Any fencing located in the street yard and facing a primary or collector street shall be constructed of brick, stone, reinforced concrete, decorative masonry, wrought iron or tubular steel. 18 (c) Open Space Fencing: Fences abutting open space or amenities such as floodplain, greenbelts, parks, town greens, detention/retention areas, or private parkland shall be constructed of wrought iron or tubular steel or other equivalent materials as approved by the Zoning Administrator. The Zoning Administrator may grant exceptions for lots adjacent to a private amenity center or open space when privacy concerns exist. A solid fence per the standards outlined in (a) above may be used in these instances. (6) Subdivision Walls (a) Subdivision walls required according to the requirements of Section 36-116 of the Code shall be constructed of natural stone, except when they are abutting open space or amenity areas as described in Section (5)(c) above, in which case the standards in that Section shall apply. (b) The locations of subdivision walls along the Primary streets in the Plan are indicated on Exhibit "D". 9. TRANSPORTATION 9.1 Traffic Impact Analysis (1) A Traffic Impact Analysis (TIA) was submitted and approved in conjunction with the RES Residential portion of this plan. The TIA indicated the proposed land uses for each residential parcel. If a significant change is proposed to any residential land use indicated in the TIA, the Owner shall provide the City with an analysis of the effects of the change with regard to transportation impacts. If the City determines that the change in land use results in a net increase in cumulative transportation trips, the Owner shall complete an update to the TIA for approval by the City Director of Transportation Services. (2) The traffic impacts of the COM (Commercial -Limited) portion of this plan will be evaluated prior to the development of the commercial areas. An approved TIA for the entire area designated as COM on Exhibit "C" shall be required prior to the approval of the first preliminary plat for any portion of the COM area. 9.2 Street Types Street types will consist of Primary, Collector and Local streets. Any deviation from a standard City street section design which is requested by the Owner shall require the approval of the City Transportation Director. 19 9.3 Roadway Crossings When roadway crossings of the floodplain or drainage channels are required, the bridge/culvert designs shall incorporate colored concrete and/or masonry veneer to complement the community walls and visual theme. 10. PRIVATE STREETS/GATES Subject to the provisions of the Code, Section 36-126, Gated Communities, a maximum of 50% of the single family fee simple residential units within the RES Districts may be located within gated communities. A gated community shall be limited to a maximum of 300 dwelling units. No Collector or Primary roadway shall be gated. The required Private Access Amenity Plan shall be submitted with the Preliminary Plat for each of the gated communities. 11. PARKS, OPEN SPACE AND TRAILS 11.1. The Parks and Trails Plan is illustrated on Exhibit "E" (Open Space, Parks and Trails). Approximately 111 acres of parks and open space are located within the Plan. Unless otherwise modified within the Plan, parks and trails shall comply with the development standards outlined in the City Code, Chapter 36, Article III, Parkland Requirement. 11.2. As illustrated on Exhibit "E", a range of open space and parks ranging from linear parks, amenity centers, floodplain, and amenity detention/retention facilities will be provided within the Plan to meet the parkland requirement. The Parkland Dedication Analysis table included on Exhibit "E-2" (Parkland Dedication Analysis) outlines the acreage totals and comparison of parkland required by Chapter 36, Article III, compared to the parkland within the Plan area. All residential and non-residential parkland dedication requirements for the Plan will be satisfied with the parkland dedication, trail and trailhead development outlined below and as shown on Exhibit "E". 11.3. According to Chapter 36-73 (b), the developer of a nonresidential subdivision will be assessed a parkland fee. The parkland provided in the Parks and Trails Plan Exhibit "E" shall be used to meet the parkland requirement for nonresidential development within Avery North as outlined in Exhibit "E-2". 11.4. As outlined on Exhibit "E-2", the parkland requirement for the subdivision is exceeded with what is shown on Exhibit "E". The additional Parkland Requirement Credits outlined on Exhibit "E-2"can be credited to the adjacent properties shown on Exhibit "E-1" (Adjacent Properties Eligible for Parkland Credit) for future expansion of the Plan area. No other tracts shall be allowed to utilize/transfer Parkland Requirement Credits from the Plan. Parkland Requirement Credits shall be applied according to Chapter 36, Article III, as 20 amended and as applicable at the time of the development of the adjacent properties shown on Exhibit "E-1". Credits shall be transferred at a 1:1 ratio to be applied to the Parkland Dedication Requirements of those properties. Any Parkland Dedication Requirements not met with the transfer of the 45.71 acre Parkland Requirement Credits (as shown on Exhibit "E-2") shall be met with additional parkland dedication or fee in lieu of parkland dedication associated with those properties/developments. 11.5. The parks, trails and open space depicted on Exhibit "E" shall be dedicated to the City through the subdivision process, unless designated as a private amenity. Park improvements and trails will be constructed by the Owner and maintained by an owners association. 11.6. The following park and open space facilities shall be provided, according to the specifications listed: (1) Linear Parks and Greenbelts Linear parkways and greenbelts within Avery North shall consist of areas with a minimum width of 50'. Chapter 36-76 (a) (2) of the Round Rock Zoning Ordinance shall not apply to linear parks and greenbelts. (2) Parkland Public Street Frontage A minimum of 200' of contiguous frontage on a public street is required for parkland that is conveyed to the City. (3) Amenity lakes and detention facilities Enhanced amenity lakes and detention facilities, as described below, may be incorporated into parkland areas but shall not exceed 50% of the overall parkland acreage dedicated. All amenity lakes and detention facilities incorporated into parkland areas within Avery North shall meet the following requirements: (a) All permanent bodies of water, such as lakes and retention ponds shall include an integrated management program to insure acceptable water quality and to maintain ecological balance of oxygen, nutrients, light, and temperature. Aeration systems providing oxygen transfer and aerator fountains for aesthetic appeal shall be utilized as appropriate to the pond type, size and depth. Biological controls will be enhanced through selection of appropriate water plant species. (b) Retention lakes shall be designed as curvilinear, nonrectangular shapes with a slope not exceeding 3:1. (c) The lake perimeters shall be either a hard edge or shall contain landscaping. If landscaping is provided, the amount of plant material required shall be calculated by the number of square feet within a 30 -foot 21 perimeter of the lake, as measured from the line of 25 -year inundation of the lake. Design features and planting schemes shall be subject to the approval of the City. (i) A minimum of one (1) 3" caliper tree and two (2) 5 gallon shrubs shall be planted for every 1000 square feet; (ii) Fencing shall be constructed of wrought iron, tubular steel or other similar products. 14.1 Trails A minimum of 10,000 linear feet of trails shall be constructed. All trails shall be concrete or decomposed granite and a minimum width of eight feet (8'). Trailhead access points shall be provided, as illustrated on Exhibit "E". 14.2 Phasing The parkland contained in Exhibit "E" shall be constructed along with the construction of the residential or commercial development which contains or is adjacent to the parkland. 15. LANDSCAPING AND ROADWAY DESIGN The landscape development standards outlined in Section 46-195, Landscaping, shall apply, with the following modifications. 15.1 Drought Tolerant Turf Grasses All development areas, including residential, which include turf shall utilize Drought Tolerant Turf Grasses, as defined in the Code. 15.2 Native Adapted Plants Plant material within the Avery North PUD shall be of a native and/or adapted species, including those selected from Native and Adapted Landscape Plants, an Earth -wise Guide for Central Texas, created by the Texas Cooperative Extension, Grow Green and the Ladybird Johnson National Wildflower Center. 15.3 Residential Lot Trees A minimum of two (2), three-inch (3") caliper container -grown Large species trees shall be provided on all Single Family Detached Estate, Large and Standard lots. A minimum of one (1), three-inch (3") caliper container -grown tree shall be provided on all Casita lots. 22 15.4 Primary and Collector Road Landscape (1) Primary and Collector Roads shall have a minimum ten (10) feet of landscape easement from each side of the right of way to the abutting PUE. Exceptions may be granted by the Zoning Administrator for limited site specific variations where a reduction from the ten (10) feet is requested. The landscape easement shall contain sidewalks, street tree plantings, plant beds, subdivision walls and neighborhood entry monuments. Site Furniture will be provided at trailhead locations as indicated on Exhibit "E". (2) The landscaping within the landscape easement shall comply with the City Code for Landscaping, Section 46-195(g)1.bl and (g)1.b.2, Parking Lot landscaping, along public streets. (3) Meandering, five (5) foot sidewalks shall be provided along both sides of Primary and Collector roadways. The sidewalks shall be allowed to meander inside and outside of the collector right of way and landscape easement. 15.5 Bridge/Culvert Design When roadway crossings of the floodplain or drainage channels are required, the bridge/culvert designs shall incorporate colored concrete and/or masonry veneer to complement the community walls and visual theme. 15.6 Maintenance A master community association will be established for the maintenance of landscape and irrigation areas located between the roadways and the property lines for internal projects as well as for all community signage, walls, medians, common open spaces, greenbelts, parks and detention areas. Sub associations may be formed for individual tracts within Avery North. 16. DEFINITIONS The following definitions are provided for terms used in the Plan. If there is a conflict between the definitions contained in this Plan and the definitions in Chapter 11 of the Code, the definitions in this Plan shall supersede the definitions in the Code. Amenity Detention/Retention Areas: Open space designed to accommodate storm water detention and/or water quality facilities in a manner that creates an amenity through the inclusion of features including trails, landscaping and fountains. Commercial -Limited: The combining of complementary commercial and office uses in the same building, on the same site, or on the same block. Collector Streets: An intermediate major vehicular thoroughfare that is typically designed to carry moderate volumes of traffic from local streets to arterial streets 23 Fuel Sales: A retail fuel sales facility with a maximum of eight gas pumps. Must include a convenience store. Local Streets: A street providing access to adjacent land, service to travel short distances, the lowest level of mobility, and access service to other streets. Maximum Lot Coverage: The area of a lot covered by buildings (principal and accessory) or roofed areas, as measured along the outside wall at ground level, and including all projections other than open porches, fire escapes, canopy areas and the first two feet of a roof overhang. Primary Street: As identified on Exhibit "C" (Land Use Plan) Site Furniture: Permanently installed commercial grade site features such as benches, tables, trash receptacles, bike racks with a minimum of five spaces, umbrellas, and similar features. 17. CHANGES TO DEVELOPMENT PLAN 17.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the Director of Planning and Development Services, and the City Attorney. 17.2. Major Changes All changes not permitted above shall be resubmitted following the same procedure required by the original PUD application. 24 LIST OF EXHIBITS Exhibit "A" Legal Description Exhibit "B" Vicinity Map Exhibit "C" Land Use Plan Exhibit "D" Fencing Exhibit Exhibit "E" Open Space, Parks and Trails Exhibit "E-1" Adjacent Properties Eligible for Parkland Transfer Credit Exhibit "E-2" Parkland Dedication Analysis 25 223.361 Acre Tract Page 1 of 7 EXHIBIT DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/2" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a'/" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a'/2' iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a 1/2" iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a I/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a '/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a 1" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a I/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a '/2" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a '/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision the undersigned during May, 2013: Parker J. Graha Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc W:\PROJECTSITAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 5I July 08.2013 - 12:38pm �1 �� jeR CO -DD pAsnA A�z 0 Z q Z � 0 `7 111 ik11A1:3 M C LAO 9 3OVd I.00 -Z -EL lZ 'ON 103f02Id c Z m m 1 r_ V r rn N r Or 0 11. NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS N j • • L24 0- N crl p o ► • O 0 -13 1NIOd 031vinoivo ONfOd 1SOd 30N3d ONfIOd 1IVN 6:,, � � II 0 © I 0, ®CD 1 1 4 4 Si' E'r -. • • !Ht- -k---® c_A.,, 1 — – co L9 r I 0) . aNflOJ CION NO I 2/1 n O c z O D 0 0o ONflOd d` 3 HIIM OOl:I NON( IRON ROD WITH "BAKER-AICKLEN CAP SET r m 0 m z ► L6 ► m0 0 Z -i Z Zm G) L5O— NELSON HOMESTEAD FAMILY 0 PARTNERSHIP, LTD. 0 (CALLED 1162.08 ACRES) i D DOCUMENT NO. 9824078 o r o41111110.-* OFFICIAL RECORDS o 0 WILLIAMSON COUNTY, TEXAS m S LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59"W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69°18'39'W 507.18' L11 S75°16'13'W 100.46' L12 S70°32'01' W 400.06' L14 S78°20'10"W 101.05' L15 N88°25'38'W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03'W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' 1-31 BAKER-AICKLEN 5O7 T lJaERTYAVE. ROUNDWEaROCK. TEXAS A 6 ASSOCIATES, INC. `5721 '52O ENGINEERING FIRM # FA5 EPESSERS I SURVEYORS 1 GIs 1 PLN MERS 1 LANDSCAPE AROlv auRVEY FlRM #10231.0 ROUND ROCK THAE#1/'137 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02'W 334.72' L23 N67°00'02'W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51 "E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTSVTAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 6] July 08.2013-9:55am 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 50 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. © GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. © TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90 CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER -Al 507W ROUNDE8TK,U8ERiYAVE ROCTEXA9 78664 & ASSOCIATES, INC. oommeo8 1 $RKVQes I GIB I RAN.aEra I l.n amara ROUND ROCK (512( 244-9620 ENGINEERING FIRM # F45 SURVEY FIRM #1121231-D TeAE #1787 AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 7J July 08, 2013 - 9:55am 191.444 Acre Tract Page 1 of 8 EXHIBIT „A» DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF: A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN VOLUME 2711, PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF: A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a' " iron rod with "Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion, same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the northeast corner of said 2.694 acre portion, same being the southwest corner of said 4.8926 acre tract, same being the most westerly northwest corner of said 118.53 acre tract, for an angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a '/" iron rod with "Baker-Aicklen" cap set for a non -tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the arc of a curve to the left, having a radius of 11901.20 feet, an arc length of 1529.32 feet, a central 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a 1" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner hereof; THENCE continuing through the interior of said 144.41 acre tract, N 68°57' 13" E for a distance of 1711.38 feet to a 1/2" iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County, for an angle point hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53'18" E for a distance of 493.09 feet to a 1/" iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre tract, the following eight (8) courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a 1/" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract, for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S 05°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42'07" W for a distance of 267.37 feet to a fence post found, for an angle point hereof, 5. S 06°55'57" W for a distance of 577.76 feet to a fence post found, for an angle point hereof, 6. S 02°54'37" W for a distance of 4.18 feet to a fence post found, for an angle point hereof, and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 8. S 22°27'01" E for a distance of 151.38 feet to an iron rod with cap found for the southeast corner of said 118.53 acre tract, same being the northeast corner of a called 53.02 acre tract of land in deed to Charles N. Avery, III, Et. Al., recorded in document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the south boundary line of said 118.53 acre tract, same being the north boundary line of said 53.02 acre tract, S 74°28'37" W for a distance of 1901.33 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 118.53 acre tract, same being an angle point on the north boundary line of said 53.02 acre tract, same being the southeast corner of said 3.79 acre tract, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. S 46°14'14" W for a distance of 10.92 feet to a I/i' iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. S 50°33'44" W for a distance of 184.07 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 3.79 acre tract, same being the northwest corner of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, for an angle point hereof; THENCE with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, S 24°18'59" E for a distance of 316.94 feet to a l/" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the south boundary line of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, the following two (2) courses and distances: 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle point hereof, and 2. S 68°56'29" W for a distance of 51.12 feet to a'/2' iron rod with "Baker-Aicklen" cap set for the southwest corner of said 2.694 acre portion, same being the southeast corner of a called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, for an angle point hereof; THENCE with the west boundary line of said 2.694 acre portion, same being the east boundary line of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a'/z" 191.444 Acre Tract Page 4 of 8 iron rod with "Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract, for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract, in part with the north boundary line of said 1.16 acre tract, in part with the north boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County, the following three (3) courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a '/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a'/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. S 67°32'56" W for a distance of 808.77 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a'/i' iron rod with "Baker-Aicklen" cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545.33 feet to a'/z" iron rod with "Baker-Aicklen" cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, N 21°01'52" W for a distance of 1116.55 feet to a'/z" iron rod with "Baker-Aicklen" cap set, same being on the south right-of-way line of County Road 186, for the most westerly northwest corner hereof; 191.444 Acre Tract Page 5 of 8 THENCE, with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a'/i' iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion, N 21°29'43" W for a distance of 31.58 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three (3) courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for an angle point hereof, 2. N 68°44'40" E for a distance of 236.22 feet to a 1" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. N 68°42'10" E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervi ' •n of the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -2-191.444 acre tract.doc W:IPROJECTSITAYLOR-MORRISON-AVERY NORTH W WG ZONINGITM-ZONING-AREA 2.dwg [PAGE 6] July 08, 2013 -1:07pm 0 z 0 i %.)4.5 - j, i in al m i 0 J — D D nA p Z r C 9 6 II:i1 1 61 1g A 8 JO 9 30Vd .00-Z-ELLZ'ON 103f08d S32J0V Vbb' L61- 118IHX3 ONINOZ n CO 0 0 x 0 z > r cnD r m HIUON AU3AV NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS / 981. GVO l Jl1Nf100 0 bitli Mb qzZ i)o 1-3 zy o• U) N`� Co m-0 00 zz Z_ -{ Z 00 r w w --1- D D o lo. • 0 0 1NIOd 031`d1fl01V0 ONfOd 1SOd 30N3d ON]lOd IIHN ON[lOd 008 N081 2/1 ON[lO1 dV0 1-11M 008 N081 r- .1=. A NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 1162.08 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS w w TRIPLE PLAY SPORTSPLEX, LP (CALLED 23.65 ACRES) 1 DOCUMENT NO. 2005003974 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS IRON ROD WITH "BAKER-AICKLEN CAP SET r m 0 m z v CURVE TABLE CURVE NO. RADIUS ARC LENGTH CENTRAL ANGLE CHORD BEARING CHORD DISTANCE C1 11901.20' 1529.32' 007°21'45" N24°16'08"W 1528.27' LINE TABLE LINE NO. BEARING DISTANCE L33 N66°28'26"E 96.97' L34 N71 °29'15"E 403.98' L35 N68°57'13"E 1711.38' L36 N68°53'18"E 493.09' L37 S21 °23'57"E 1094.60' L38 S05°13'37"W 35.58' L39 S06°55'57"W 577.76' L40 S02°54'37"W 4.18' L41 S29°07'24"E 27.53' L42 S22°27'01 "E 151.38' L43 S74°28'37"W 1901.33' L44 S46°14'14"W 10.92' L45 S50°33'44"W 184.07' L46 S24°18'59"E 316.94' L47 S68°57'45'W 52.41' L48 N24°01'20"W 270.57' L49 S50°54'32"W 219.16' L50 S62°06'02"W 271.55' L51 S67°32'56"W 808.78' L54 S21 °29'43"E 150.37' 1 -3, BAKER-AICKLEN 507 WEST UBERIYAVE. ROUND ROCK, TEXAS 713664 V & ASSOCIATES, INC. (512)620 ENGINEERING FIRM # P45 Ex EliFes 1 HUMvrns 1 GIS 1 PLANNE E. 1 LencerAremairEarri SURVEY FIRM #1130231-0 ROUND ROCK TBAE#1787 LINE TABLE LINE NO. BEARING DISTANCE L55 S68°56'29"W 1545.33' L56 N21 °01'52"W 1116.55' L57 N68°29'58"E 1536.25' L58 N21 °29'43"W 31.58' L59 N68°39'10"E 334.16' L60 N68°44'40"E 236.22' L61 N68°42110"E 677.53' L62 S21 °26'13"E 426.58' L64 S68°56'29"W 51.12' L65 S06°42'07"W 267.37' AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 7 OF 8 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTI-8DWG ZONING\TM-ZONING-AREA 2.dwg [PAGE 7] July 08, 2013-1:07pm 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30 MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 50 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. © GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. © TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90 CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. BAKER-AICKLEN & ASSOCIATES, INC. E,.a.Ea+a I suaverow I o19 1 Purwre 1 u n.c.vaa,zaIe ROUND ROCK 507 WEST UBERIYAVE ROUND ROCK, TEXAS 78664 (512 2449620 ENGINEERING FIRM # F45 SURVEY FIRM #100231.0 TBAE #1787 AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 8 OF 8 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 2.dwg [PAGE 8] July 08, 2013-1:07pm SEC Planning, LLC EXHIBIT B CONTEXT MAP Scale: 1" = 1 Mile' Date: July 3, 2013 Land Planning + landscape Architecture + Community Branding aosnN, TEXAS AVERY NORTH ROUND ROCK, TEXAS Sneed' MB P>,3a+,.Ta Aad U n�i�aUnna2X2X33fin+Uac„lesAeztsi estaii d+a Base mapAing wmpiled from bash avails. information. Nl map dale shau+be considered as preliminary, in need d wane., and sinned change. Tills land plan iscnruepiuel in nature and does not inpraseini any moat, awe, Flan a Beefed to change. ,.PARCELS PARCEL e Sys, %:.. 162 AC_ .,.. . <PARCEL7 " 11A P 1 Y y h £ PARCEL 5 AR-EL 177AC s + m PARCELI2 RCEL 27.6 AC. PARCEL 14 ':. 22.5 AC. PARCEL 2 AC. PARCEL13 PARCEL 15 10,8 AC 110 AC, PARCELI PARCEL IB 16.0 AC - - r 11.2 L �. PARCEL18 w: 22.9 AC ,Y PARCEL 19 - PARCEL 20 S> ii 11.1 AC 0 600 1200 1800 EXHIBIT C Scale:1"=1200' SEC Planning, LLC LAND USE PLAN North Date:June 26,2013 Land Planning.Lands cape Audulf-ture+Cummunily Handingst,Eer F�. . oeauom��av��s w z—11--c o.am .'.cam —F�,— AI.S fIN iLxnS AVERY NORTH F Base mapping comp led from best available ntormadon All map data ri ROUND ROCK,TEXAS should be considered ae,u a1;n iary in need of—ification.and subject to change This land plan is eoncaphnil in nature and does not represent any regulatory approval Plan is subject to change I C z 1 I— E< pL co 0 Z 6 _z}o 2U ><LU W '1 > Q i PARKLAND CALCULATIONS PARK LAND REQUIRED ACRES TOTAL DEVELOPMENT 412.1 AC. NON-RESIDENTIAL 22.3 AC. Sub-Total: 389.8 AC. PARK LAND PROVIDED ACRES PRIVATE AMENITY CENTER(8.3 ac.) 9.2 AC. FLOODPLAIN(45.7 ac.) 45.3 AC. PARKS AND OPEN SPACE 56.9 AC. Sub-Total: 111.4 AC. PARCEC8 Linear feet of trail: 10,950 L.F. esA' rt Trail heads: 6 EA, Notes: AteELe" 'See Parkland Dedication Exhibit E-2 for 162}C. �. Parkland Dedication Requirements PA WEL 7 PA CEL H` t18 ;P.ARGEi:a6, 6 d��Ct Matta 6 -. \ 17.7 AC 8A At,-' ... t PAI2CEt,12 � ', PARCE1.4 ... I " PARG£4,i3' F+ARCELI6 14,6'AC,. 12.4,4c, PAPM-Y HARM ra 164AC 712AC FARM," d. #T: "aAQ PARCEL 39 t 1 ', PAiiGE620' 11.1 AC y 0 600 1200 1800 EXHIBIT E Scale:1"=1200' SEC Plannin ,LLC PARKS AND TRAILS PLAN Norm Date:July 9,2013 L' d!lanning+landsx:ap¢Arrhirecrure+Community Branding q,`���> ���� sn E.P.,,so u,,owun—l—m-o I--caor­m,ev�,.a& , AUSnN TkxAs v ,"' Base mapping coo piled from beat available information All map data ROUND ROCK,TEXAS ahoald be¢onaid¢md as praiindnan.In need of verf,¢amn,and '.. subject to change.This two plan Is conceptual in nature and does not r¢present any regulatory approval.Plan is subject to change. T• a R ..,.o_..�..,. ,..,..,...,...._ PARKLAND TRANSFER i a` LAND ELIGIBLE FOR TRANSFER OF EXCESS PARKLAND i7F AAf9U„ANg3:Ri;.t717 fl � � � � 1.AP1p EUiOieLEF4RTRAN9PER ��C4 I APPROX.96 AC.: PARCEL- R,I ARCEL- R,I 'Ar-9 asnc � 3ARCEL6 11.6 AARC#..10 avxc � j LAND ELdO7eLE FOR TRAMPER W OFPARKLANDC3REOIT APPROX MAC, PARCELS •% ARML 17.7.AC. A AC, .11 I PARCEL 12 27,6AC. ' PARCELI4 i2snC., PARCEL STs(-5+.�t..un,',..?P ,1Y7.8 AC. PAI4CEL Y3 i09C. PARCEL 1 i2.OAC. PARCEL .. PARCEL 18 : 16.tlAC„ �1'` TTPJA0. PARCEL 16 tk 22,9 AC. PARCEL 19 s.. qA3 AC. Pi}RCEG29 - '... I I i i '.. 0 600 1200 1800 EXHIBIT E-1 Scale:1"=1200' SEC Planning, LLC LAND ELIGIBLE FOR PARK LAND TRANSFER North Date:June 26,2013 Land M-ceig+Landscape Archltecmre+Community erandng AVERY NORTH safer Fu=: mowooz",:"yw,::amzarsra,ewuocme�« P,..es F�w�.ws al STIrJ,TE%AS '•:1, �"^( Base mapping urompiled from best avallabla inforznalion.All map data ROUND ROCK,TEXAS should be oon.idarad as pretlminary..n need arvanrioabon and .ubiw to change.rnia lana pian is conceptual m nature and dee.not represent any regulatory approval.Plan is subject to change. y J. EXHIBIT E-2 Avery North PUD Parkland Dedication Analysis PARKLAND DEDICATION REQUIREMENTS PER SUBDIVISION ORDINANCE Zoning Type Acreage Parkland Requirement Residential (SF -2) 389.8 acres 31.2 acres (8% of total acreage) Non-residential 22.3 acres $17,840 ($800/acre) Total Parkland Dedication Requirements: 31.2 acres and $17,840 PARKLAND DEDICATION PROVIDED IN AVERY NORTH PUD Parkland Type Acreage Acres Credited toward Parkland Requirements Private Amenity Centers (2) 9.2 acres 4.6 acres (50% credit) Parkland - Floodplain 45.3 acres 16.1 acres (Max. 50% of requirement) Park/Open Space 56.9 acres 56.9 acres (100% credit) Total Parkland Dedication Provided: 77.6 acres Total Residential Parkland Dedication Requirement: 31.2 acres Difference between Requirement and Provided: 46.4 acres Credit to Satisfy Non -Residential Requirement: .89 acres (4% of 22.3 acres) Remaining Parkland Requirement Credits*: 45.51 acres *Parkland Requirement Credits can only be transferred to the adjacent properties shown on Exhibit "E-1" for future expansion of the Avery North PUD development. No other tracts shall be allowed to utilize/transfer Parkland Requirement Credits from the Avery North PUD. Parkland Requirement Credits shall be applied to Subdivision Ordinance — Parkland Dedication Requirements that are adopted at the time of the development of the adjacent properties shown on Exhibit "E-1". Credits shall be transferred at a 1:1 ratio to be applied to the Parkland Dedication Requirements of those properties. Any Parkland Dedication Requirements not met with the transfer of the 45.51 acre Parkland Requirement Credits shall be met with additional parkland dedication or fee in lieu of parkland dedication associated with those properties/developments. ,RWND ROCK TEXAS PURPOSE PA41on PROSPERITY City of Round Rock Agenda Item Summary Agenda Number: G.7 Title: Consider public testimony regarding, and an ordinance zoning 412.111 acres out of the Joseph Mott Survey to the Planned Unit Development (PUD) No. 96 zoning district, to be known as Avery North. (First Reading*) Type: Ordinance Governing Body: City Council Agenda Date: 7/25/2013 Dept Director: Brad Wiseman, Planning & Development Services Director Cost: $0.00 Indexes: Attachments: Ordinance, Exhibit A - Tract 1, Exhibit A - Tract 2, Exhibit B - Development Agreement, Dev. Agreement Exhibit A - Tract 1, Dev. Agreement Exhibit A - Tract 2, Dev. Agreement Exhibit B - Context Map, Dev. Agreement Exhibit C - Land Use Map, Dev. Agreement Exhibit D - Fencing Plan, Dev. Agreement Exhibit E - Parks and Trails Plan, Dev. Agreement Exhibit El - Parks, Dev. Agreement Exhibit E2 - Parkland Dedication Analysis, Vicinity Map 412.111 acres Text of Legislative File 13-477 There are three associated agenda items with this proposed PUD. These items consist of two voluntary annexations and a development agreement regarding water, wastewater, and transportation improvements. The PUD consists of approximately 412 acres of land, which is divided into two use districts - approximately 22 acres of commercial development and approximately 390 acres of residential development. A significant feature of the PUD plan is its requirement for a range of residential housing, including a requirement for larger single family residential lots. Thirty percent (30%) of the total units must be 7,500 square feet or greater, including fifteen percent (15%) which must be 9,100 square feet or larger. The other single family housing types included are standard lots, 6,100 square feet minimum and Casita lots, 5,000 square feet minimum. As a comparison, the minimum lot size in the SF -2 (Single Family - Standard Lot) zoning district is 6,500 square feet. The Casita lots are limited to 30% of the total. Townhome Tots are also allowed, but limited to 10% of the total units. The design standards for the residential development are higher than what is required by City Code. All residential dwelling units will be at least 75% masonry, defined as stone, simulated stone, brick or 2 -step hard coat stucco. The front and both sides of the structure must be masonry, with no more than 75% of the building consisting of 2 -step hard coat City of Round Rock Page 1 Printed on 7/19/2013 Agenda Item Summary Continued (13-477) stucco. Homes that back up to collector level or primary streets shall be masonry on all four sides. Upgraded garage doors are required for any garages which extend more than ten (10) feet in front of the street facing elevation of the home. Upgrades include metal doors with the addition of window panels, faux wood doors with decorative hardware, or wood clad doors. In addition, up to fifty percent (50%) of the total number of single family Tots may be within gated areas, served by private streets, with a maximum of 300 dwelling units in each neighborhood. The open space and amenity plan also exceeds current requirements. The PUD requires open space enhancements, including public parks, linear parks, greenbelts, hike and bike trails, and amenity lakes, as shown on Exhibit E of the PUD document. The PUD requires landscaping along primary and collector roadways, in a minimum ten -foot wide landscape easement, which exceeds code requirements. Meandering sidewalks are also required along these roadways. Required subdivision walls will be constructed of natural stone, which also exceeds minimum standards. Trees are required on all single family Tots. AH plantings will be of a native or adapted species and all sodded areas shall contain drought tolerant turf grasses. The commercial development area along University Boulevard is limited to primarily retail sales and services and office uses. Buildings will have a masonry exterior, with stone, simulated stone, brick, or 2 -step hard coat stucco. No more than 30% of the building facade may be stucco. These standards exceed the minimum code requirements by limiting materials to those of a higher quality. Pedestrian connectivity shall be achieved through the use of sidewalks, stamped concrete brick pavers and or stained/treated asphalt, which exceeds minimum standards. The potential for the development to include adjacent properties has been taken into consideration. The traffic study prepared accounts for the potential future expansion and the parkland being provided with this development can be credited toward the expansion, should it occur. Any expansion of the area would require annexation and a major amendment of the PUD to provide zoning. The Planning and Zoning Commission recommended approval of the original zoning on July 3, 2013 by a vote of 8-0. City of Round Rock Page 2 Printed on 7/19/2013 RECORDED DOCUMENT FOLLOW 11111111111111 THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * 1111111 1111111111111111111111 1111111111111 ORD 67 PGS 2013072262 1, 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 -13-07-25-G7, which zones 412.111 acres of land to PUD (Planned Unit Development) No. 96. This ordinance was approved and adopted by the City Council of the City of Round Rock at a regular meeting held on the 25th day of July 2013 and is recorded in the City Council Minute Book 60. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 26th day of July 2013. SARA L. WHITE, TRMC, City Clerk ORDINANCE NO. '15-"0/"--2--— AN 13'0/"''' AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 412.111 ACRES OF LAND OUT OF THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 96; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City of Round Rock, Texas has recently annexed 412.111 acres of land out of the Joseph Mott Survey, Abstract No. 427 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 3rd day of July, 2013, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 96, and WHEREAS, on the 27th day of July, 2013, after proper notification, the City Council held a public hearing on the proposed original zoning, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, Sections 46-92, 46-104, and 46-106, Code of 0112.1304; 00278406 Original Zoning Ordinance 7/13 Ordinances (2010 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 96 meets the following goals and objectives: (1) The development in PUD No. 96 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 96 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 96 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 96 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 96 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A", attached hereto and incorporated herein shall be, and is hereafter designated as, Planned Unit Development (PUD) No. 96, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 96 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. 2 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 7r'✓'' day of 11AL-L --. , 2013. Alternative 2. READ and APPROVED on first reading this the day of , 2013. READ, APPROVED and ADOPTED on second reading this the day of , 2013. 3 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 223.361 Acre Tract Page 1 of 7 EXHIBIT A„ DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1/2' iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a 1/2' iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20054'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a' " iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30°44'02" W for a distance of 298.06 feet to a calculated. angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a 1/2" iron rod cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a'/2" iron rod cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a 1/2" iron rod cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a'/2" iron rod cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a 1/2" iron rod cap set, for an angle point hereof, and with "Baker-Aicklen" with "Baker-Aicklen" with "Baker-Aicklen" with "Baker-Aicklen" with "Baker-Aicklen" BEGINNING hereof 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision . the undersigned during May, 2013: Parker J. Graha Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc W:IPROJECTS\TAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 5] July 08, 2013-12:38pm a m 01 0 m WO-Z-U[2'ON 1031'021d H12JON A19A`d -OA18 AIIS21. AINn . .\ • r r co NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS • • co cri N C co n� m 0 r w L9 o L7 L6 L5 0— L24 I> 0 ► • o 0 INIOd a31b1f101b0 aNflOd ISOd 30N3d aNllOd 1IVN aNflOd 4021 NOLII „Z/L aNflOd dV0 H11M 4021 NOII 13S dV0 N31N01V-2I3Nd9,, HUIM 0021 NO21I r m G) m z NELSON HOMESTEAD FAMILY o _ — L PARTNERSHIP, LTD. G) (CALLED 1162.08 ACRES) ii D $ DOCUMENT NO. 9824078 o r' 8 OFFICIAL RECORDS o n WILLIAMSON COUNTY, TEXAS m m 8 0 LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59"W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69°18'39"W 507.18' L11 S75°16'13"W 100.46' L12 S70°32'01 "W 400.06' L14 S78°2010"W 101.05' L15 N88°25'38"W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' BAKER-AICKLEN 5C7 WEST UBERIY AVE ROUND ROCK, TEXAS 78664 & ASSOCIATES, INC. ENGINEERS I SIREYWRS I GIS 1 PLANERS 1 L E% ROUND ROCK (512) 244-9620 ENGINEERING FIRM # F45 SURVEY FIRM #1002310 TBAE #1767 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51 "E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 6[July 08, 2013 - 9:55am 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES.- DOC. NO. 2002071336, O.P.R.W.C.T. ® SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 50 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. © GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. 70. TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. 13.‘ BAKER-AICKLEN 5O7 wESr L18ERTYAVE ROUND ROCK,TE)U1S 79664 & ASSOCIATES, INC. EN;inEns 1 S1.R.sro s 1 G19 1 RnnnErs 1 1-AnosrArcamslrimrs ROUND ROCK (5121244.9620 ENGINEERING FIRM # F45 SURVEY FIRM #1W2310 TBAE #1787 AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 1.dwg (PAGE 71 July 08.2013 - 9:55am 191.444 Acre Tract Page 1 of 8 • EXHIBIT „A„ DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF: A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN VOLUME 2711, PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF: A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion, same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the northeast corner of said 2.694 acre portion, same being the southwest corner of said 4.8926 acre tract, same being the most westerly northwest corner of said 118.53 acre tract, for an angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a '/i' iron rod with "Baker-Aicklen" cap set for a non -tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the arc of a curve to the left, having a radius of 11901.20 feet, an arc length of 1529.32 feet, a central 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner hereof; THENCE continuing through the interior of said 144.41 acre tract, N 68°57'13" E for a distance of 1711.38 feet to a 1/" iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County, for an angle point hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53'18" E for a distance of 493.09 feet to a'/2" iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre tract, the following eight (8) courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a 1/2" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract, for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S 05°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42'07" W for a distance of 267.37 feet to a fence post found, for an angle point hereof, 5. S 06°55'57" W for a distance of 577.76 feet to a fence post found, for an angle point hereof, 6. S 02°54'37" W for a distance of 4.18 feet to a fence post found, for an angle point hereof, and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 8. S 22°27'01" E for a distance of 151.38 feet to an iron rod with cap found for the southeast corner of said 118.53 acre tract, same being the northeast corner of a called 53.02 acre tract of land in deed to Charles N. Avery, III, Et. Al., recorded in document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; THENCE with the south boundary line of said 118.53 acre tract, same being the north boundary line of said 53.02 acre tract, S 74°28'37" W for a distance of 1901.33 feet to a'/i' iron rod with "Baker-Aicklen" cap set for the southwest corner of said 118.53 acre tract, same being an angle point on the north boundary line of said 53.02 acre tract, same being the southeast corner of said 3.79 acre tract, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. S 46°14'14" W for a distance of 10.92 feet to a'/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. S 50°33'44" W for a distance of 184.07 feet to a 'h" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 3.79 acre tract, same being the northwest corner of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, for an angle point hereof; THENCE with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, S 24°18'59" E for a distance of 316.94 feet to a '/" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the south boundary line of said 2.694 acre portion, same being the north boundary line of said 300.43 acre tract, the following two (2) courses and distances: 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle point hereof, and 2. S 68°56'29" W for a distance of 51.12 feet to a '/z' iron rod with "Baker-Aicklen" cap set for the southwest corner of said 2.694 acre portion, same being the southeast corner of a called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, for an angle point hereof; THENCE with the west boundary line of said 2.694 acre portion, same being the east boundary line of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a'/i' 191.444 Acre Tract Page 4 of 8 iron rod with "Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract, for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract, in part with the north boundary line of said 1.16 acre tract, in part with the north boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County, the following three (3) courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a'/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a 1h" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. S 67°32'56" W for a distance of 808.77 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a 1/" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545.33 feet to a 1/" iron rod with "Baker-Aicklen" cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, N 21°01'52" W for a distance of 1116.55 feet to a 1/" iron rod with "Baker-Aicklen" cap set, same being on the south right-of-way line of County Road 186, for the most westerly northwest corner hereof; 191.444 Acre Tract Page 5 of 8 THENCE, with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a 1/" iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion, N 21°29'43" W for a distance of 31.58 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three (3) courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a 1/2" iron rod with "Baker-Aicklen" cap set for an angle point hereof, 2. .N 68°44'40" E for a distance of 236.22 feet to a 1/" iron rod with 'Baker-Aicklen" cap set, for an angle point hereof, and 3. N 68°42'10" E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision of the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -2-191.444 acre tract.doc W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 2.dwg [PAGE 6] July 08. 2013 -1:07pm a z 0 a n A 9 d0 9 3OVd 600-Z-£LI.Z 'ON loa 021d S3?:10V titbb' 66I- 118IHX8 ONINOZ HflION AH2AV NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS / / / / 0 tdtri CD Ili IA Vit nn� ll0 1-3 0 u) Olj �� LMMJ 1- /--o 1— C.71 01 0 L56 r -P 986 a` O):1 kLNf1OO 1 al v -r-' CO 1 v — ____ ____ _I.rpr Ln lNIOd aal'dlnoivo Om p • 0 0 aNll0d 1SOd 30N3d C1 aNf10d 1IVN aNf10d a021 NOM! 2/1. aNl0d d`d0 HlIM 0021 N0211 i- 4 NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 1162.08 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 1- 0) al m IRON ROD WITH 'BAKER-AICKLEN CAP SET 1 co rn 17 m -a -n L62 1 w CO L37 1 1 TRIPLE PLAY SPORTSPLEX, LP (CALLED 23.65 ACRES) i DOCUMENT NO. 2005003974 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS r m 0 m z v CURVE TABLE CURVE NO. RADIUS ARC LENGTH CENTRAL ANGLE CHORD BEARING CHORD DISTANCE C1 11901.20' 1529.32' 007°21'45" N24°16'08"W 1528.27' LINE TABLE LINE NO. BEARING DISTANCE L33 N66°28'26"E 96.97' L34 N71°29'1 5"E 403.98' L35 N68°57'13"E 1711.38' L36 N68°53'18"E 493.09' L37 S21 °23'57"E 1094.60' L38. S05°13'37"W 35.58' L39 S06°55'57"W 577.76' L40 S02°54'37"W 4.18' L41 S29°07'24"E 27.53' L42 S22°27'01"E 151.38' L43 S74°28'37"W 1901.33' L44 S46°14'14"W 10.92' L45 S50°33'44"W 184.07' L46 S24°18'59"E 316.94' L47 S68°57'45"W 52.41' L48 N24°01'20"W 270.57' L49 S50°54'32"W 219.16' L50 S62°06'02"W 271.55' L51 S67°32'56"W 808.78' L54 S21 °29'43"E 150.37' 131, BAKER-AICKLEN507 WESTUBERTYAVE. RDUND ROCK, TEXAS 78664 & ASSOCIATES, INC. Er.parmaxs I surrveYOi9 I GIB 1 PLANERS I 11N Na-f1FLR•' ROUND ROCK (5121244.3620 ENGINEERING FIRM# P45 SURVEY FIRM #1002310 TBAE #1787 LINE TABLE LINE NO. BEARING DISTANCE L55 S68°56'29"W 1545.33' L56 N21 °01'52"W 1116.55' L57 N68°29'58"E 1536.25' L58 N21 °29'43"W 31.58' L59 N68°39'10"E 334.16' L60 N68°44'40"E 236.22' L61 N68°4210"E 677.53' L62 S21°26'13"E 426.58' L64 S68°56'29"W 51.12' L65 S06°42'07"W 267.37' AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 7 OF 8 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGVTM-ZONING-AREA 2.dwg (PAGE 7] July 08, 2013 - 1:07pm 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 50 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. (7) TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. 1:-ABAKER-AICKLENSO7 WEST UBERTYAVE. ROUND ROCK, TEX05 78664 & ASSOCIATES, INC. (5/23244.9620 ENGINEERING FIRM# F-45 ENS 1 Suavevoas !GIS 1 PLANNE S 1 LANDSCAPE AM -MGM SURVEY FIRM #10023143 ROUND ROCK TBAE#1767 AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 8 OF 8 PROJECT NO. 2173-2-001 W:IPROJECTS\TAYLOR-MORRISON-AVERY NORTH\DWG ZONING\TM-ZONING-AREA 2.dwg [PAGE 8J July 08, 2013-1:07pm DEVELOPMENT PLAN AVERY NORTH PLANNED UNIT DEVELOPMENT NO. 96 EXHIBIT „B» THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean Ruben and Joyce Greinert; Avery Ranch Company, Ltd., a Texas Limited Partnership, acting by and through its General Partner, CJAC, Inc., a Texas Corporation; Charles N. Avery, III, Trustee of the Charles N. Avery, III Exempt Trust; John S. Avery, Trustee of the John S. Avery Exempt Trust; A. Nelson Avery, Trustee of the A. Nelson Avery Exempt Trust; L. Christina Avery Fell, Trustee of the L. Christina Avery Fell Exempt Trust; Treescape Farms GP, LLC, a Texas limited liability company; as their respective interests may appear in the respective portions of the hereinafter described property; and their respective successors and designated assigns. Upon sale, transfer or conveyance of portions of the hereinafter described property by a respective Owner to a designated third party owner/developer, the duties and obligations of the respective Owner, as it relates to the respective property being sold, shall be assigned to and assumed by the new owner/developer, and upon such sale and assignments of the duties and obligations hereunder, the respective Owner shall have no further liability relating to the respective property so sold and conveyed. WHEREAS, the Owner is the owner of certain real property consisting of 412.111 acres, as more particularly described in Exhibit "A" (Legal Description), (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the Owner has submitted a request to the City to zone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Section 46-106 of the Code of Ordinances of the City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on July 3, 2013, the City's Planning and Zoning Commission recommended approval of the Owner's application for PUD zoning; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II. 17. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Section 1-9, Code of Ordinances, City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1. Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2 Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.2. Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the City of Round Rock Code of Ordinances, as amended, hereinafter referred to as "the Code," and in Section II.16. 2. PROPERTY This Plan covers approximately 412.111 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit "A". 3. PURPOSE The purpose of this Plan is to ensure a PUD that: 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4. APPLICABILITY OF CITY ORDINANCES 4.1. Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by Chapter 36 -Subdivisions and Chapter 46 - Zoning, and other sections of the Code, as applicable and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2. Other Ordinances All other Ordinances within the Code, as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 3 5. PROJECT OVERVIEW 5.1. Purpose of Plan The purpose of the Plan is to provide a master planned commercial and residential development including a range of residential housing, retail, office, restaurant, and entertainment. Exhibit "B" (Context Map) illustrates the location of the Plan area. 5.2. Use Districts For the purpose of this Plan, the Avery North land uses have been divided into two use districts: COM (Commercial -Limited), containing approximately 22.3 acres, and RES (Residential), containing approximately 389.811 acres, both as shown in Exhibit "C" (Land Use Plan). The remaining area is designated for floodplain/open space and reserve/right-of-way. Specific uses and conditions are defined within this Plan for each land use district. (1) The COM component of the Plan allows retail, entertainment, restaurants and office components, more fully detailed in Section 6 below. (2) The RES component of the Plan allows for various types of single family detached structures and medium density attached residential structures. The Plan also includes a network of open spaces containing parks, greenbelts and trail corridors. These uses are more fully detailed in Section 6 below. 5.3. Concept Plan This Plan, as depicted in Exhibit "C", shall serve as the Concept Plan required by Section 36-39 of the Code, as amended. 6. PERMITTED USES 6.1. Land Use Table The following table contains the uses allowed according to the use district boundaries described in Exhibit "C". 4 Land Use RES DISTRICT COM DISTRICT Allowed with Conditions (See Section 6.2 below) Single Unit Townhouse Residential as defined in Section 8.2 (1) X X Single Family Detached — Estate Lot as defined in Section 8.2 (I) X X Single Family Detached — Large Lot as defined in Section 8.2 (I) X X Single Family Detached — Standard Lot as defined in Section 8.2 (1) X X Single Family Detached — Casita Lot as defined in Section 8.2 (1) X X Community Service X Government Facilities X Linear/Linkage Park X X X Neighborhood Park X Community Park X X Amenity/Recreation Center X Place of Worship (accessory uses not exceeding 2,500 square feet) X X X Place of Worship (accessory uses exceeding 2,500 sq. ft. but not greater than 20,000 sq. ft.) X X X Utility (Minor and Intermediate) X X X Eating Establishments — Restaurant/Bar X X Indoor Entertainment X X Office X Medical Office X Minor Emergency/Urgent Care clinics X Overnight Accommodations — Hotel / Motel X Retail Sales and Service X Section 46-160 (aa) (1) of Code Retail Sales and Service with Conditions: Veterinary Clinic, small animals X X Fuel Sales X X Cleaners/Alterations X X Small Animal Day Care and Training X X Small Animal Grooming X Assisted Living X X Senior Housing X Nursing Home X X Day Care X X X Schools (Elementary, Private) X X 5 6.2 Uses Allowed with Conditions (1) Single Unit Townhouse Residential: Development standards not addressed in this Plan shall comply with the TH (Townhouse) District, as amended. (2) Single Family Detached — Estate and Large Lot: Development standards not addressed in this Plan shall comply with the SF -1 (Single Family — Large Lot) District, as amended. (3) Single Family Detached — Standard Lot and Casita Lot: Development standards not addressed in this Plan shall comply with the SF -2 (Single Family — Standard Lot) District, as amended. (4) Park, linear and linkages: In Residential District, any trailhead (with parking) shall be located on a collector or higher street. Trail access points, intended to serve only pedestrians from the subdivision, may be located on a local street. (5) Community Park: Any structure established in connection with such uses shall be set back not less than 100 feet from any Residential District property. (6) Places of Worship (accessory uses totaling less than 2,500 square feet): Shall meet development standards and supplementary use standards for accessory uses. Required to have direct access to a collector or higher street. (7) Places of Worship (accessory uses exceeding 2,500 square feet, but no greater than 20.000 square feet): Shall meet development standards and supplementary use standards for accessory uses. Required to either front on or have direct access to a collector or higher street. (8) Utilities (9) (a) Minor utilities. Shall be treated as ground mounted mechanical equipment and shall comply with the district specific standards and any required landscaping standards in Section 46-195 of the Round Rock Code. (b) Intermediate and major utilities. Required to provide an eight foot high masonry fence (or alternate material approved in writing by the zoning administrator with landscaping in compliance with Section 46-195 of the Round Rock Code. The facility shall be secured. Eating Establishments — Restaurant/Bar (a) Freestanding eating establishments which include outdoor eating, drinking or entertainment areas, patios or drive through lanes and associated facilities shall be located more than 150 feet from any residential property line. 6 (b) Eating establishments in a multi -tenant building: any outdoor eating, drinking or entertaining areas, patios or drive through lanes and associated facilities with an eating establishment in a multi -tenant building shall be located more than 150 feet from any residential property line. (c) Eating establishments with drive through lanes which are located on a corner lot, at the intersection of two public streets, shall provide the landscape buffer and screening for drive through lanes, contained in Section 8.1 (14) below, in order to thoroughly screen the drive through lanes from public view. (10) Medical Office (a) Emergency medical services are not permitted. (b) With the exception of sleep clinics, regular service hours shall not begin before 7:00 a.m. and shall not extend past 9:00 p.m. (11) Indoor Entertainment (a) A freestanding indoor entertainment activities facility, including the building footprint, outdoor eating, drinking and entertainment areas/patios, drive through lanes and associated facilities, trash dumpsters and receptacles, and loading/unloading facilities, shall not be permitted within 150 feet of a residential property line. (b) An indoor entertainment activities facility within a multi -tenant building shall not be permitted within 50 feet of a residential property line. Outdoor eating, drinking and entertainment areas/patios and drive through lanes and associated facilities shall not be permitted within 150 feet of a residential property line. (12) Veterinary Clinic, small animals: No boarding of animals is allowed on site, except for medical purposes. (13) Small Animal Day Care and Training (a) Small animals shall not be allowed to be dropped off or picked up except between the hours of 6:00 a.m. and 9:00 p.m. (b) When abutting a residential property line, the required compatibility fence shall be a height of eight feet (8'). (14) Fuel Sales: Masonry columns are required for fuel station canopies. (15) Cleaners/Alterations: Pick-up and drop-off facilities only; no on-site laundry and dry cleaning plants. 7 (16) Daycare: Facilities may be integrated into an office complex or office building facility. 6.3 Land Use Limitations (1) Residential units are contained in five categories, as defined in Section 8.2 (1) of the Plan: (1) Single Unit Townhouse (2) Single -Family Detached — Estate Lots, (3) Single Family Detached — Large Lots, (4) Single Family Detached — Standard Lots and (5) Single -Family Detached — Casita Lots. The number of residential units allowed is limited as follows: (a) No more than 10% of the total units may be Single Unit Townhouse lots; (b) No more than 30% of the total units may be Single Family Detached Casita lots; (c) A minimum of 15% of the total units shall be Single Family Estate lots; (d) A minimum of 15% of the total units shall be Single Family Large Lots;. (2) Each plat and/or site plan submitted to the City must contain a unit summary table listing the existing number of residential units constructed, the total number of new units proposed, and the resulting percentages of residential units for each category, based upon the above -stated limitations. 7. PROHIBITED USES 7.1 The following uses are prohibited within the PUD. 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. (1) Pawn Shop (2) Sexually Oriented Business (3) Funeral Home (4) Donation Centers and Sale of Used Goods (5) Office/Warehouse facilities 8 8. DEVELOPMENT USE STANDARDS 8.1 COM (Commercial -Limited) (1) Development Standards Table — COM (Commercial -Limited) All aspects not specifically covered by these COM standards shall be regulated by the C -la (General Commercial — Limited) zoning district, and other sections of the Code, as applicable and as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. Standard COM (1) Minimum lot area - Minimum lot width 50 ft. Minimum setback from street (ROW) 15 ft. Minimum rear setback 0 / 10 ft. (2) Minimum rear setback abutting SF and TH property when a pre cast concrete panel fence option is used 50 ft. (3) Minimum rear setback abutting SF and TH property when a masonry fence option is used 40 ft. (3) Minimum side setback 0 / 10 ft. (2) Minimum side setback abutting SF and TH property when a pre cast concrete panel fence option is used 50 ft. (3) Minimum side setback abutting SF and TH property when a masonry fence option is used 40 ft. (3) Minimum setback for accessory building 0 or 5 ft. (4)(5) Maximum height of principal building 5 stories Maximum Height of accessory building 15 ft. Maximum Height of Fence within Street Yard 3 ft. (6) Maximum Height of Fence outside of Street Yard 8 ft. (6) (1) (2) (3) (4) (5) (6) Special pw pose lots, inchtding but not limited to landscape lots and utility ots, may be exemptedfrom rom these requirements The setback shall be len (10) fi., except that common walls are not required to have a setback. The setback may be increased based on current fire and building codes. All COM uses that abut SF or TH uses shall be required to install and maintain a compatibility buffer which meets the requirements of section 46-200 of the Round Rock Zoning Ordinance along every property line which abuts said uses. The setback shall be five (5) ft., except that common walls are not required to have a setback. Accessory buildings or structures are not permitted in any street yard All fences shall provide a finished face w abutting streets 9 (2) Off Street Parking and Loading Parking requirements shall comply with the Code Section 46-196. (3) Fencing Design Standards (a) Fencing shall be constructed of the following materials: brick, stone, reinforced concrete, wrought iron, other decorative masonry materials. Fence posts shall be constructed of rust resistant metal parts, concrete based masonry or concrete pillars of sound structural integrity. (b) All fences shall provide a finished face abutting a single-family or townhouse use. (c) All fencing and walls on COM Commercial — Limited developments that are visible from the street shall be constructed of a material that matches or complements the masonry wall materials utilized within the RES Residential portions of the community. (d) Fencing shall not restrict visibility at intersections. (4) Screening (a) Service entrances, loading docks, waste disposal areas and other similar uses shall be oriented toward the rear of the site, away from streets and primary building entrances. (b) Drives accessing service areas between adjacent users or developments shall be shared by the adjacent users or developments. (c) Trash enclosures must be located a minimum of thirty feet (30) from single family residential property lines. (d) Landscape screening for dumpster and trash receptacles, ground mounted equipment, outdoor storage, loading docks and loading spaces shall comply with the requirements of Section 46-195 of the City's Zoning Code. (5) Special Design Standards These standards shall apply to all development in the COM (Commercial - Limited) Districts. (a) Access and Circulation 10 (i) Pedestrian and vehicular circulation shall be required to and from all buildings and sites. Pedestrian connectivity shall be achieved through the use of sidewalks, stamped concrete brick pavers and or stained/treated asphalt. (b) Primary Site Entrances (i) Entrances to individual building sites shall be designated with defining landscape and/or architectural features, including but not limited to medians and/or special paving. A license agreement from the City will be required for all such features located within public right of way. (6) Exterior Wall Finish and Exterior Color (7) (a) The exterior finish of all buildings shall be masonry, except for doors, windows, trim and accent features. (b) Masonry shall be defined as stone, simulated stone, brick, or 2 -step hard coat stucco. No more than 30% of the building facade may be stucco. The use of materials such as wood shingles, horizontally installed cement based siding or wood siding shall be limited to accent features. (c) Day-glo, luminescent, neon or similar types of color finishes are not permitted Building Articulation All buildings shall meet a minimum of five of the following design treatments: (a) Canopies or porticos, integrated with the building's massing styles. (b) Overhangs proportional in size to the mass of the building. (c) Arcades, with a minimum of eight -foot width. (d) Pitched roof forms over substantial portions of the building's perimeter including gable and hip roofs. (e) Ornamental and structural architectural details. (f) Decorative tower features. (g) Exterior arched treatment on at least two sides of the building. 11 (h) Use natural stone and masonry materials on the lower portions of buildings. (8) Awnings and Canopies (a) Awnings and canopies shall be placed so as to avoid obscuring details of the building facade. (b) Fabric awnings for windows shall be a drop -front style, except at arched window openings, and shall relate to each window or bay. (c) Awnings and canopies shall be placed so that there is a minimum clearance of eight (8) feet at its lowest point when over a sidewalk or other pedestrian walkway. (d) Colors of awnings must be compatible with the buildings. (e) Incorporate awnings along with any signage to provide a uniformly designed building facade. (0 Signs on awnings are permitted on the drop front portion of the awning. (g) Internally illuminated awnings are prohibited (9) Windows (a) Ground -floor street or courtyard facing facades shall have a minimum of forty (40) percent glazing. (b) For unique security or display purposes, including but not limited to art galleries and jewelry stores, ground floor glazing requirements may be reduced by the Zoning Administrator. (c) To assist with energy efficiency and solar gain the requirements in this subsection may be reduced by the Zoning Administrator to the extent that the required level or location of glazing conflicts with the standards of the Building Code or a recognized green building program. (10) Glass Except for photovoltaic surfaces, mirrored glass with a reflectivity of twenty (20) percent or more is not permitted on the exterior walls and roofs of buildings and structures. 12 (11) Roofing Materials — Pitched Roof (a) Pitched roofs shall be required for all one (1) story detached structures and shall have a pitch equal to or greater than a 4:12 pitch. Pitch may be 3:12 if the span is greater than sixty (60) feet. Pitched roofs shall not be required for one (1) story structures that share a common wall with another structure. (b) Roofing materials for pitched roofs shall not consist of composition shingles. Tile (clay, cement, natural or manufactured stone), non - reflective pre -finished metal, copper or other similar materials are required. (c) Portions of the roof screened by pitched roof sections shall be permitted to be flat to provide for mechanical equipment wells or roof decks provided all pitched sections of the roof meet the roofing material requirements. (d). All rooftop equipment, including satellite dishes and antenna, must be fully screened from view and located below the highest vertical element of the building. (12) Lighting Exterior lighting shall be used to provide illumination for security and safety of entry drives, parking areas, service and loading areas and pathways and courtyards. All exterior light fixtures should be designed and coordinated as compatible fixtures which relate to the architectural character of the buildings on a site. (a) External lighting shall be arranged and controlled, through the use of shielding and other measures, so as to deflect light away from any residential areas. (b) Building Illumination (i) The design and materials of lighting fixtures shall be consistent with the character of the area. Fully recessed down -lights, gooseneck lights or other fixtures appropriate to the style of a building shall be used. (ii) Illumination of a facade to highlight architectural details is permitted. Fixtures shall be small, shielded and directed toward the building rather than toward the street, so as to minimize glare for pedestrians and drivers. 13 (c) Site Lighting Design Requirements (i) Fixture (luminaire) The light source shall be completely concealed (recessed) within an opaque housing and shall not be visible from any street or residential development. (ii) Light Source (lamp) Incandescent, LED (light emitting diode), fluorescent, metal halide or color -corrected high-pressure sodium may be used. Other lamp types may be used, subject to the approval of the City. The same type of Tamp shall be used for the same or similar types of lighting on any one site throughout a development. (iii)Mounting Fixtures shall be mounted in such a manner that the cone of light does not cross any property line of the site. (iv)Height of Fixture The height of a fixture shall not exceed twenty (20) feet. (d) Excessive Illumination (i) Lighting within any lot that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other lot is not permitted. Lighting unnecessarily illuminates another lot if it clearly exceeds the requirements of this Section, or if the standard could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties. (ii) Lighting shall not be oriented so as to direct glare or excessive illumination onto the street in a manner that may distract or interfere with the vision of drivers on such streets. (iii)If the COM parcel is adjacent to a Residential District, foot candle readings at the property line adjacent to a residential use shall not exceed 1.0. (13) Fire Safety (a) Mandatory fire sprinklers will be provided on all buildings within Avery North, with the exception of single family detached housing. (b) Alternative fire lane striping will be allowed upon approval by the Fire Marshall. Alternative striping may be desirable in certain areas to 14 minimize the aesthetic impact of red painted curbs throughout the development. (c) Alternative semi -pervious fire lane paving sections may be allowed, upon the approval of the City. (14)Landscape Buffer and Screening for Eating Establishment Drive Through Lanes, at the location specified in Section 6.2 (9) (c) (a) An awning and/or arbor -type covering over the drive-thru lane at the food delivery window and an earthen berm whose grade is retained near the edge of the drive-thru lane by a retaining wall or multiple terraced walls. (b) The retaining wall(s) shall have an overall minimum height of three feet (3') above the finished grade of the drive-thru lane. Wall(s) may taper to the surrounding finish grade at either end of the drive-thru lane. Walls should allow for planting on the drive-thru lane side as well as the berm side. (c) Walls shall be constructed of masonry material that is the same as or compatible with the material of the building exterior. (d) The earthen berm shall grade away from the retaining wall at no greater than a slope of 3:1 and shall provide a planting area of a minimum of eight feet (8') in width. The remaining berm slope may consist of turf grass or evergreen ground cover. (e) The awning or arbor shall be a color or shade that is compatible with the building exterior. Arbors shall be constructed of rough -sawn cedar or similar material and shall provide a structure or structures to support climbing vines or similar plant materials. (f) Landscape plantings shall be 100% evergreen, shall be native to or adapted to Central Texas and shall consist of the following minimum quantities per linear foot of the drive-thru lane: (i) One (1) large 3" caliper tree per 40 linear feet (ii) Two (2) small 1" caliper trees per 30 linear feet (iii) One (1) large 3 gallon shrub per 5 linear feet (iv) One (1) small 3 gallon shrub per 3 linear feet (v) Four (4) climbing vines on the support structures of an arbor 15 (vi)Ground cover as needed in areas not otherwise planted. a. Architectural Review Committee In order to maintain a comprehensive and complementary architectural style throughout the Plan area, the Owner shall establish an Architectural Review Committee ("ARC"). The ARC shall establish design guidelines to specify the architectural style, materials and colors to be used, in addition to building orientation. These design standards shall require that all COM architectural materials and styles complement the overall theme established for the residential master planned community. For each project, items such as architectural elevations, material sample boards and color samples shall be submitted to the ARC for their review and approval. The approval of the ARC shall not take the place of any and all required submittals to the City, County or other governmental agency as necessary to receive regulatory approvals. 16 8.2 (RES) Residential (1) Development Standards Table — (RES) Residential (I) Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements (2) Accessory buildings or structures are not permitted in any front street yard (3) All fences shall provide a finished face to abutting streets. (4) Fences shall not conflict with sight triangles at street intersections or obstruct views from adjacent driveways. (5) Common walls are not required to have a setback 17 Single Family Detached — Estate Lot (1) Single Family Detached — Large Lot (1) Single Family Detached - Standard Lot (1) Single Family Detached - Casita Lot (1) Single Unit Townhouse Residential (1) Minimum Lot Area 9,100 s.f. 7,500 s.f. 6,100 s.f. 5,000 s.f. 2,500 s.f. Minimum Lot Width 70 ft. 60 ft. 50 ft. 45 ft. 25 ft. Minimum Width of Principal Building 50 ft. 40 ft. 30 ft. 30 ft. Minimum Setback from Street (R.O.W.) 25 ft. 20 ft. 20 ft. 20 ft. 15 ft. Minimum Garage Door Setback from Street (R.O.W.) 25 ft. 20 ft. 20 ft. 20 ft. 20 ft. Minimum Rear Setback 20 ft. 20 ft. 20 ft. 10 ft. 20 ft. Minimum Rear Setback abutting SF Lots 20 ft. Minimum Side Setback 5 ft. 5 ft. 5 ft. 5 ft. 0/5 ft. Minimum Side Setback abutting SF Lots 20 ft. Minimum Setback for Accessory Building 5 ft. (2) 5 ft. (2) 5 ft. (2) 0 / 5 ft. (2)(5) 0 / 5 ft. (2)(5) Minimum Side Setback Zero Lotline _ Maximum Height of Principle Building 2.5 stories 2.5 stories 2.5 stories 2 stories 2.5 stories Maximum Height of Accessory Building 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. Maximum Height of Fence within Street Yard 3 ft. (3) 3 ft. (3) 3 ft. (3) 3 ft. (3) 3 ft. (3) Maximum Height of Fence outside of Street Yard 8 ft. (3) (4) 8 ft. (3) (4) 8 ft. (3) (4) 8 ft. (3)(4) 8 ft. (3)(4) Maximum Lot Coverage 55 percent 55 percent 50 percent 50 percent N/A Maximum Density - - 15 DU./AC. (I) Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements (2) Accessory buildings or structures are not permitted in any front street yard (3) All fences shall provide a finished face to abutting streets. (4) Fences shall not conflict with sight triangles at street intersections or obstruct views from adjacent driveways. (5) Common walls are not required to have a setback 17 (2) Exterior Finish (a) Masonry shall be defined as stone, simulated stone, brick or 2 -step hard coat stucco. (b) Buildings shall be a minimum of 75% Masonry, with 100% Masonry required on the front and side elevations. The rear elevation may be horizontally installed cement based siding. The use of materials such as wood shingles, horizontally installed cement based siding or wood siding shall be limited to accent features. (c) No more than 75% of the building shall be 2 step hard coat stucco. (d) Homes that back up to collector level or primary streets shall be 100% Masonry on all four sides. (3) Garage Door Treatment (a) Garage doors that extend more than ten (10) feet in front of the street facing elevation of the home shall incorporate an upgraded garage door. An upgraded garage door shall be defined as a metal door with the addition of window panels, a faux wood garage door with decorative hardware, or a wood clad garage door. (b) Upgraded garage doors shall not be required for swing in, side entry garages. (4) Setback Requirements (5) (a) All required setbacks shall be free from any encroachments including eaves, overhangs, box windows and fireplaces. Air conditioning units and ground mounted equipment are exempt from this requirement. (b) Lots that back up to collector level streets must have an additional 10' of rear setback measured from the collector right of way line. This additional setback may also be accomplished through a landscape lot located along the collector roadway. Fencing Design Standards (a) General: Fencing shall be constructed of the following materials: brick, stone, reinforced concrete, decorative masonry, wrought iron, tubular steel, redwood, cedar, preservative treated wood or other equivalent materials approved by the Zoning Administrator. Railroad ties are not permitted. (b) Street Yard Fencing: Any fencing located in the street yard and facing a primary or collector street shall be constructed of brick, stone, reinforced concrete, decorative masonry, wrought iron or tubular steel. 18 (c) Open Space Fencing: Fences abutting open space or amenities such as floodplain, greenbelts, parks, town greens, detention/retention areas, or private parkland shall be constructed of wrought iron or tubular steel or other equivalent materials as approved by the Zoning Administrator. The Zoning Administrator may grant exceptions for lots adjacent to a private amenity center or open space when privacy concerns exist. A solid fence per the standards outlined in (a) above may be used in these instances. (6) Subdivision Walls (a) Subdivision walls required according to the requirements of Section 36-116 of the Code shall be constructed of natural stone, except when they are abutting open space or amenity areas as described in Section (5)(c) above, in which case the standards in that Section shall apply. (b) The locations of subdivision walls along the Primary streets in the Plan are indicated on Exhibit "D". 9. TRANSPORTATION 9.1 Traffic Impact Analysis (1) A Traffic Impact Analysis (TIA) was submitted and approved in conjunction with the RES Residential portion of this plan. The TIA indicated the proposed land uses for each residential parcel. If a significant change is proposed to any residential land use indicated in the TIA, the Owner shall provide the City with an analysis of the effects of the change with regard to transportation impacts. If the City determines that the change in land use results in a net increase in cumulative transportation trips, the Owner shall complete an update to the TIA for approval by the City Director of Transportation Services. (2) The traffic impacts of the COM (Commercial -Limited) portion of this plan will be evaluated prior to the development of the commercial areas. An approved TIA for the entire area designated as COM on Exhibit "C" shall be required prior to the approval of the first preliminary plat for any portion of the COM area. 9.2 Street Types Street types will consist of Primary, Collector and Local streets. Any deviation from a standard City street section design which is requested by the Owner shall require the approval of the City Transportation Director. 19 9.3 Roadway Crossings When roadway crossings of the floodplain or drainage channels are required, the bridge/culvert designs shall incorporate colored concrete and/or masonry veneer to complement the community walls and visual theme. 10. PRIVATE STREETS/GATES Subject to the provisions of the Code, Section 36-126, Gated Communities, a maximum of 50% of the single family fee simple residential units within the RES Districts may be located within gated communities. A gated community shall be limited to a maximum of 300 dwelling units. No Collector or Primary roadway shall be gated. The required Private Access Amenity Plan shall be submitted with the Preliminary Plat for each of the gated communities. 11. PARKS, OPEN SPACE AND TRAILS 11.1. The Parks and Trails Plan is illustrated on Exhibit "E" (Open Space, Parks and Trails). Approximately 111 acres of parks and open space are located within the Plan. Unless otherwise modified within the Plan, parks and trails shall comply with the development standards outlined in the City Code, Chapter 36, Article III, Parkland Requirement. 11.2. As illustrated on Exhibit "E", a range of open space and parks ranging from linear parks, amenity centers, floodplain, and amenity detention/retention facilities will be provided within the Plan to meet the parkland requirement. The Parkland Dedication Analysis table included on Exhibit "E-2" (Parkland Dedication Analysis) outlines the acreage totals and comparison of parkland required by Chapter 36, Article III, compared to the parkland within the Plan area. All residential and non-residential parkland dedication requirements for the Plan will be satisfied with the parkland dedication, trail and trailhead development outlined below and as shown on Exhibit "E". 11.3. According to Chapter 36-73 (b), the developer of a nonresidential subdivision will be assessed a parkland fee. The parkland provided in the Parks and Trails Plan Exhibit "E" shall be used to meet the parkland requirement for nonresidential development within Avery North as outlined in Exhibit "E-2". 11.4. As outlined on Exhibit "E-2", the parkland requirement for the subdivision is exceeded with what is shown on Exhibit "E". The additional Parkland Requirement Credits outlined on Exhibit "E-2"can be credited to the adjacent properties shown on Exhibit "E-1" (Adjacent Properties Eligible for Parkland Credit) for future expansion of the Plan area. No other tracts shall be allowed to utilize/transfer Parkland Requirement Credits from the Plan. Parkland Requirement Credits shall be applied according to Chapter 36, Article III, as 20 amended and as applicable at the time of the development of the adjacent properties shown on Exhibit "E-1". Credits shall be transferred at a 1:1 ratio to be applied to the Parkland Dedication Requirements of those properties. Any Parkland Dedication Requirements not met with the transfer of the 45.71 acre Parkland Requirement Credits (as shown on Exhibit "E-2") shall be met with additional parkland dedication or fee in lieu of parkland dedication associated with those properties/developments. 11.5. The parks, trails and open space depicted on Exhibit "E" shall be dedicated to the City through the subdivision process, unless designated as a private amenity. Park improvements and trails will be constructed by the Owner and maintained by an owners association. 11.6. The following park and open space facilities shall be provided, according to the specifications listed: (1) Linear Parks and Greenbelts Linear parkways and greenbelts within Avery North shall consist of areas with a minimum width of 50'. Chapter 36-76 (a) (2) of the Round Rock Zoning Ordinance shall not apply to•linear parks and greenbelts. (2) Parkland Public Street Frontage A minimum of 200' of contiguous frontage on a public street is required for parkland that is conveyed to the City. (3) Amenity lakes and detention facilities Enhanced amenity lakes and detention facilities, as described below, may be incorporated into parkland areas but shall not exceed 50% of the overall parkland acreage dedicated. All amenity lakes and detention facilities incorporated into parkland areas within Avery North shall meet the following requirements: (a) All permanent bodies of water, such as lakes and retention ponds shall include an integrated management program to insure acceptable water quality and to maintain ecological balance of oxygen, nutrients, light, and temperature. Aeration systems providing oxygen transfer and aerator fountains for aesthetic appeal shall be utilized as appropriate to the pond type, size and depth. Biological controls will be enhanced through selection of appropriate water plant species. (b) Retention lakes shall be designed as curvilinear, nonrectangular shapes with a slope not exceeding 3:1. (c) The lake perimeters shall be either a hard edge or shall contain landscaping. If landscaping is provided, the amount of plant material required shall be calculated by the number of square feet within a 30 -foot 21 perimeter of the lake, as measured from the line of 25 -year inundation of the lake. Design features and planting schemes shall be subject to the approval of the City. (i) A minimum of one (1) 3" caliper tree and two (2) 5 gallon shrubs shall be planted for every 1000 square feet; (ii) Fencing shall be constructed of wrought iron, tubular steel or other similar products. 14.1 Trails A minimum of 10,000 linear feet of trails shall be constructed. All trails shall be concrete or decomposed granite and a minimum width of eight feet (8'). Trailhead access points shall be provided, as illustrated on Exhibit "E". 14.2 Phasing The parkland contained in Exhibit "E" shall be constructed along with the construction of the residential or commercial development which contains or is adjacent to the parkland. 15. LANDSCAPING AND ROADWAY DESIGN The landscape development standards outlined in Section 46-195, Landscaping, shall apply, with the following modifications. 15.1 Drought Tolerant Turf Grasses All development areas, including residential, which include turf shall utilize Drought Tolerant Turf Grasses, as defined in the Code. 15.2 Native Adapted Plants Plant material within the Avery North PUD shall be of a native and/or adapted species, including those selected from Native and Adapted Landscape Plants, an Earth -wise Guide for Central Texas, created by the Texas Cooperative Extension, Grow Green and the Ladybird Johnson National Wildflower Center. 15.3 Residential Lot Trees A minimum of two (2), three-inch (3") caliper container -grown Large species trees shall be provided on all Single Family Detached Estate, Large and Standard lots. A minimum of one (1), three-inch (3") caliper container -grown tree shall be provided on all Casita lots. 22 15.4 Primary and Collector Road Landscape (1) Primary and Collector Roads shall have a minimum ten (10) feet of landscape easement from each side of the right of way to the abutting PUE. Exceptions may be granted by the Zoning Administrator for limited site specific variations where a reduction from the ten (10) feet is requested. The landscape easement shall contain sidewalks, street tree plantings, plant beds, subdivision walls and neighborhood entry monuments. Site Furniture will be provided at trailhead locations as indicated on Exhibit "E". (2) The landscaping within the landscape easement shall comply with the City Code for Landscaping, Section 46-195(g)1.b1 and (g)1.b.2, Parking Lot landscaping, along public streets. (3) Meandering, five (5) foot sidewalks shall be provided along both sides of Primary and Collector roadways. The sidewalks shall be allowed to meander inside and outside of the collector right of way and landscape easement. 15.5 Bridge/Culvert Design When roadway crossings of the floodplain or drainage channels are required, the bridge/culvert designs shall incorporate colored concrete and/or masonry veneer to complement the community walls and visual theme. 15.6 Maintenance A master community association will be established for the maintenance of landscape and irrigation areas located between the roadways and the property lines for internal projects as well as for all community signage, walls, medians, common open spaces, greenbelts, parks and detention areas. Sub associations may be formed for individual tracts within Avery North. 16. DEFINITIONS The following definitions are provided for terms used in the Plan. If there is a conflict between the definitions contained in this Plan and the definitions in Chapter 11 of the Code, the definitions in this Plan shall supersede the definitions in the Code. Amenity Detention/Retention Areas: Open space designed to accommodate storm water detention and/or water quality facilities in a manner that creates an amenity through the inclusion of features including trails, landscaping and fountains. Commercial -Limited: The combining of complementary commercial and office uses in the same building, on the same site, or on the same block. Collector Streets: An intermediate major vehicular thoroughfare that is typically designed to carry moderate volumes of traffic from local streets to arterial streets 23 Fuel Sales: A retail fuel sales facility with a maximum of eight gas pumps. Must include a convenience store. Local Streets: A street providing access to adjacent land, service to travel short distances, the lowest level of mobility, and access service to other streets. Maximum Lot Coverage: The area of a lot covered by buildings (principal and accessory) or roofed areas, as measured along the outside wall at ground level, and including all projections other than open porches, fire escapes, canopy areas and the first two feet of a roof overhang. Primary Street: As identified on Exhibit "C" (Land Use Plan) Site Furniture: Permanently installed commercial grade site features such as benches, tables, trash receptacles, bike racks with a minimum of five spaces, umbrellas, and similar features. 17. CHANGES TO DEVELOPMENT PLAN 17.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing, by the Director of Planning and Development Services, and the City Attorney. 17.2. Major Changes All changes not permitted above shall be resubmitted following the same procedure required by the original PUD application. 24 LIST OF EXHIBITS Exhibit "A" Legal Description Exhibit "B" Vicinity Map Exhibit "C" Land Use Plan Exhibit "D" Fencing Exhibit Exhibit "E" Open Space, Parks and Trails Exhibit "E-1" Adjacent Properties Eligible for Parkland Transfer Credit Exhibit "E-2" Parkland Dedication Analysis 25 223.361 Acre Tract Page 1 of 7 1 EXHIBIT «An J DESCRIPTION FOR A 223.361 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY AND ALL OF A CALLED 53.02 ACRE TRACT OF LAND IN DEED TO CHARLES N. AVERY, III, ET AL, RECORDED IN DOCUMENT NO. 2004074664 OF THE 01-F1CIAL PUBLIC RECORDS OF SAID COUNTY, SAID 223.361 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a I/a" iron rod with "Baker-Aicklen" cap set on the north boundary line of said 300.43 acre tract, same being the most westerly southwest corner of said 53.02 acre tract, same being the southeast corner of a 2.694 acre portion of a called 38.069 acre tract of land in deed to the City of Georgetown, recorded in Volume 1970, Page 497 of the Official Records of said County for an interior corner in the north boundary line and POINT OF BEGINNING hereof; THENCE departing the north boundary line of said 300.43 acre tract, with the west boundary line of said 53.02 acre tract, same being the east boundary line of said 2.694 acre portion, N 24°18'59" W for a distance of 316.94 feet to a 1" iron rod with "Baker-Aicklen" cap set for the most northerly northwest corner of said 53.02 acre tract, same being the southwest corner of a called 3.79 acre tract of land in deed to Treescape Farms GP, LLC, recorded in Document No. 2004054116 of the Official Public Records of said County, for an angle point hereof; THENCE with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 3.79 acre tract, the following two (2) courses and distances: 1. N 50°33'44" E for a distance of 184.07 feet to a I/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 2. N 46°14'14" E for a distance of 10.92 feet to a /z" iron rod with "Baker-Aicklen" cap set for the southeast corner of said 3.79 acre tract, same being the southwest corner of a called 118.53 acre tract of land in deed to Ruben Greinert and Joyce Greinert recorded in Volume 2711, Page 151 of the Official Records of said County, for an angle point hereof; THENCE continuing with the north boundary line of said 53.02 acre tract, same being the south boundary line of said 118.53 acre tract, N 74°28'37" E for a distance of 1901.33 feet to 223.361 Acre Tract Page 2 of 7 an iron rod with cap found for the northeast corner of said 53.02 acre tract, same being the southeast corner of said 118.53 acre tract, same being on the west boundary line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 53.02 acre tract, same being the west boundary line of said 1162.08 acre tract, the following three (3) courses and distances: 1. S 22°41'00" E for a distance of 509.97 feet to a nail found, for an angle point hereof, 2. S 19°48'09" E for a distance of 368.64 feet to a nail found, for an angle point hereof, and 3. S 20°38'26" E for a distance of 339.80 feet to a fence post found on a point in the north boundary line of said 300.43 acre tract, said point being the southeast corner of said 53.02 acre tract, for an angle point hereof; THENCE with the easterly boundary line of said 300.43 acre tract, same being the west boundary line of said 1162.08 acre tract, the following two (2) courses and distances: 1. N 68°46'06" E for a distance of 30.96 feet to a'/2" iron rod with "Baker-Aicklen" cap set at the northeast corner of said 53.02 acre tract, for an angle point hereof, and 2. S 20°54'14" E for a distance of 955.33 feet to an iron rod with cap found in the north right-of-way line of University Boulevard, for the southeast corner hereof; THENCE with the north right-of-way line of said University Boulevard, the following seven (7) courses and distances: 1. S 69°18'39" W for a distance of 507.18 feet to an iron rod with cap found, for an angle point hereof, 2. S 75°16'13" W for a distance of 100.46 feet to an iron rod with cap found, for an angle point hereof, 3. S 70°32'01" W for a distance of 400.06 feet to an iron rod with cap found, for an angle point hereof, 4. S 78°20'10" W for a distance of 101.05 feet to an iron rod with cap found, for an angle point hereof, 223.361 Acre Tract Page 3 of 7 5. N 88°25'38" W for a distance of 26.96 feet to an iron rod with cap found, for an angle point hereof, 6. S 20°11'51" E for a distance of 49.95 feet to a' " iron rod with "Baker-Aicklen cap set, for an angle point hereof, and 7. S 69°46'03" W for a distance of 3043.96 feet to a calculated point in the west boundary line of said 300.43 acre tract, same being the southeast corner of a called 111.30 acre tract of land in deed to said Nelson Homestead Family Partnership, Ltd., recorded in said Document No. 9824078, for the southwest corner hereof; THENCE departing the north right-of-way line of said University Boulevard, with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, the following seven (7) courses and distances: 1. N 45°25'02" W for a distance of 120.01 feet to a calculated angle point hereof, 2. N 30044'02" W for a distance of 298.06 feet to a calculated angle point hereof, 3. N 08°51'02" W for a distance of 118.06 feet to an iron rod with cap found, for an angle point hereof, 4. N 40°07'02" W for a distance of 93.89 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 80°37'02" W for a distance of 334.72 feet to a 1/4" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 6. N 67°00'02" W for a distance of 654.44 feet to a '/z" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 7. N 21°01'52" W for a distance of 699.87 feet to a 1/2" iron rod with "Baker-Aicklen" cap set, for the northwest corner hereof; THENCE through the interior of said 300.43 acre tract, N 68°56'29" E for a distance of 1545.33 feet to a '/i" iron rod with "Baker-Aicklen" cap set for an interior corner of said 300.43 acre tract, same being the southwest corner of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008016323 of the Official Public Records of said County, for an angle point hereof; THENCE in part with the south boundary line of said 1.00 acre Sowers Lawn Care tract, in part with the south boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of 223.361 Acre Tract Page 4 of 7 said County, in part with the south boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the south boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, and in part with the south boundary line of called 1.16 acre tract of land in deed to Gerardo C. Torres, recorded in Document No. 9827796 of the Official Records of said County, and in part with the south boundary line of said 2.694 acre portion, the following six (6) courses and distances: 1. N 68°56'29" E for a distance of 285.10 feet to a 'h" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. N 69°03'46" E for a distance of 269.68 feet to a '/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 3. N 68°50'39" E for a distance of 260.12 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 4. N 68°54'51" E for a distance of 271.11 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 5. N 68°56'29" E for a distance of 213.37 feet to a '/" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 6. N 68°57'08" E for a distance of 103.53 feet to the POINT OF BEGINNING hereof and containing 223.361 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supervision . the undersigned during May, 2013: Parker J. Graha Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 Job No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -1-223.361 acre tract.doc W:IPR0JECTSITAYL0R MORRISON-AVERY NORTHIDWG Z0NINGITM-ZONING-AREA 1.dwg [PAGE 5] July 08.2013 - 12:38pm L d0 9 3OVd 600-Z-ELLZ'ON 1O3I'02id O > Z Nzm w [G) DEo Z � 7n q D = m r w r_ r rn ► •• r_ I NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS • ti• N r w r - co rco L9 • wti L24 r N 01 D o ► • o 0 INIOd 03LVlnOlVO aNnOd lSOd 30N3d aNnOd l[vN r•�� --- II VA4 CO e 1 I cn V 00 11 1-6/ 0 6-0) I I •W%i 14.1/_:__ II _---- o•�/ — — — • r t.. - - L_ - aNnOd COI N0M! .Z/4 986 avoli kLNnoo aNfOd dV0 H1IM a01:I NOLII IRON ROD WITH "BAKER-AICKLEN CAP SET r m m z r w 3 L1 J W co OZ Z -i z0 zm O v L7 _ L6 L5 NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 1162.08 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 0 0 0 LINE TABLE LINE NO. BEARING DISTANCE L1 N24°18'59"W 316.94' L2 N50°33'44"E 184.07' L3 N46°14'14"E 10.92' L4 N74°28'37"E 1901.33' L5 S22°41'00"E 509.97' L6 S19°48'09"E 368.64' L7 S20°38'26"E 339.80' L8 N68°46'06"E 30.96' L9 S20°54'14"E 955.33' L10 S69°18'39'W 507.18' L11 S75°16'13'W 100.46' L12 S70°32101' W 400.06' L14 S78°2010"W 101.05' L15 N88°25'38'W 26.96' L16 S20°11'51"E 49.95' L17 S69°46'03"W 3043.96' L18 N45°25'02"W 120.01' L19 N30°44'02"W 298.06' L20 N08°51'02"W 118.06' L21 N40°07'02"W 93.89' 117)/ BAKER-AICKLEN "E>, OBER„ 7AVE. ROUND ROCK,TE7U1.9 76664 ASSOCIATES, INC. (512)2449520 ENGINEERING FIRM #F-35 E 1S I GIS ITN s1 H SURVEY FIRM #1[23231-0 ROUND ROCK TEAS #17B7 LINE TABLE LINE NO. BEARING DISTANCE L22 N80°37'02"W 334.72' L23 N67°00'02"W 654.44' L24 N21 °01'52"W 699.87' L25 N68°56'29"E 1545.33' L26 N68°56'29"E 285.10' L27 N69°03'46"E 269.68' L28 N68°50'39"E 260.12' L29 N68°54'51"E 271.11' L30 N68°56'29"E 213.37' L31 N68°57'08"E 103.53' AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 6 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 1.dwg [PAGE 6] July 08.2013 - 9:55am 10. AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES.- DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 0 MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. 0 HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. ® MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. Q TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. • RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90. CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. -31 BAKER-AICKLEN 507 WEST UOERIYAVE. ROUNDROCK, TEXAS 78664 ASSOCIATES, INC. ENGINEERING FIRM #Ft5 Enswoms 1 Sunvercas 1 GIB I A.M..EREI I LAkcecovEmamArrEcre suRvEy FIRM #100731,0 ROUND ROCK TBAE#1787 AVERY NORTH ZONING EXHIBIT AREA 1 223.361 ACRES PAGE 7 OF 7 PROJECT NO. 2173-2-001 W:IPROJECTS\TAYLOR-MORRISON-AVERY NORTH1DWG ZONING\TM-ZONING-AREA 1.dwg [PAGE 7] July 08, 2013 - 9:55am 191.444 Acre Tract Page 1 of 8 EXHIBIT „A„ DESCRIPTION FOR A 191.444 ACRE TRACT OF LAND SITUATED IN THE JOSEPH MOTT SURVEY, ABSTRACT NO. 427 IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF: A CALLED 26.98 ACRE AND 3.79 ACRE TRACTS OF LAND IN DEED TO TREESCAPE FARMS GP, LLC, RECORDED IN DOCUMENT NO. 2004054116 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, ALSO BEING A PORTION OF: A CALLED 4.8926 ACRE TRACT OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN DOCUMENT NO. 9610694 OF SAID OFFICIAL PUBLIC RECORDS, ALSO BEING A PORTION OF: A CALLED 300.43 ACRE TRACT IN DEED TO AVERY RANCH COMPANY, LTD. RECORDED IN DOCUMENT NO. 2002071336 OF SAID OFFICIAL PUBLIC RECORDS, BEING ALL OF: A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES AND A 118.53 ACRE TRACTS OF LAND IN DEED TO RUBEN GREINERT AND JOYCE GREINERT, RECORDED IN VOLUME 2711, PAGE 151 OF THE OFFICIAL RECORDS OF SAID COUNTY, BEING A PORTION OF: A CALLED 144.41 ACRE TRACT OF LAND IN DEED TO JOHN S. AVERY, SR., TRUSTEE OF JOHN S. AVERY EXEMPT TRUST, RECORDED IN DOCUMENT NO. 2006112407 OF SAID OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT: A 2.694 ACRE PORTION OF A CALLED 38.069 ACRE TRACT OF LAND IN DEED TO THE CITY OF GEORGETOWN, RECORDED IN VOLUME 1970, PAGE 497 OF SAID OFFICIAL RECORDS, SAID 191.444 ACRE TRACT OF LAND, AS SHOWN ON ACCOMPANYING SKETCH, IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a '/" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 2.694 acre portion, same being the northeast corner of said 1.720 acre Remnant Portion for an angle point and POINT OF BEGINNING hereof; THENCE with the north boundary line of said 2.694 acre portion, N 66°28'26" E for a distance of 96.97 feet to a'/z" iron rod with "Baker-Aicklen" cap set for the northeast corner of said 2.694 acre portion, same being the southwest corner of said 4.8926 acre tract, same being the most westerly northwest corner of said 118.53 acre tract, for an angle point hereof; THENCE through the interior of said 118.53 acre tract, N 71°29'15" E for a distance of 403.98 feet to a '/" iron rod with "Baker-Aicklen" cap set for a non -tangent point of curvature hereof; THENCE continuing through the interior of said 118.53 acre tract, through the interior of said 4.8926 acre tract and through the interior of said 144.41 acre tract, with the arc of a curve to the left, having a radius of 11901.20 feet, an arc length of 1529.32 feet, a central 191.444 Acre Tract Page 2 of 8 angle of 007°21'45", and a chord which bears, N 24°16'08" W for a distance of 1528.27 feet to a ih" iron rod with "Baker-Aicklen" cap set for the most northerly northwest comer hereof; THENCE continuing through the interior of said 144.41 acre tract, N 68°57'13" E for a distance of 1711.38 feet to a 1/2" iron rod found on the east boundary line of said 144.41 acre tract, same being the southwest corner of a called 23.65 acre tract of land deeded to Triple Play Sportsplex, LP, recorded in Document No. 2005003974 of the Official Public Records of said County, for an angle point hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the south boundary line of said 23.65 acre tract, N 68°53'18" E for a distance of 493.09 feet to a i/i' iron rod found, same being the west line of a called 1162.08 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd. recorded in Document No. 9824078 of the Official Records of said County, for the northeast corner hereof; THENCE with the east boundary line of said 144.41 acre tract, same being the west boundary line of said 1162.08 acre tract and in part with the east boundary line of said 118.53 acre tract, the following eight (8) courses and distances: 1. S 21°23'57" E for a distance of 1094.60 feet to a i/a" iron rod found at the southeast corner of said 144.41 acre tract, same being the northeast corner of said 118.53 acre tract, for an angle point hereof, 2. S 21°26'13" E for a distance of 426.58 feet to a fence post found, for an angle point hereof, 3. S 05°13'37" W for a distance of 35.58 feet to a fence post found, for an angle point hereof, 4. S 06°42'07" W for a distance of 267.37 feet to a fence post found, for an angle point hereof, 5. S 06°55'57" W for a distance of 577.76 feet to a fence post found, for an angle point hereof, 6. S 02°54'37" W for a distance of 4.18 feet to a fence post found, for an angle point hereof, and 7. S 29°07'24" E for a distance of 27.53 feet to a fence post found, for an angle point hereof, 191.444 Acre Tract Page 3 of 8 found for the 8. S utheast o E for a distance of trac8feet to an iron rod with cap t, same being the northeast corner of a called in southeast corner of said 118.53 III, Et. Al., recorded 53.02 acre tract of land in deed to Charles N. Avery, document No. 2004074664 of the Official Public Records of said County, for the southeast corner hereof; the north THENCE with the south boundary line of said 118.53 acre tract, same being S 74°28'37" W for a distance of 1901.33 feet to a'/i' boundary line ofB said ickl acre tract, ir aid acre tract, same on rod with "Baker-Aicklen" cap set for the southwestofsaid 53O2sacreltract3 same being the being an angle point on the north boundary line hereof; southeast corner of said 3.79 acre tract, for an angle pointthe south NCE with the north boundary line of said 53.02 acre tract, same being THENCE two (2)courses and distances: boundary line of said 3.79 acre tract, the following 1 �� ironrod with "Baker-Aicklen' 1. S 46°14'14" W for ahreoff and10. feet to a /z cap set, for an angle point 2. S5033 '44" W for a distance of 184.07 feet to a l/" iron soiddie be ng there icklee" st cap corner for id 53 02 acre trauthwest corner ct same being the east boundary line of said 2.694 acre of said Dint hereof; portion, for an angle p the east boundary THENCE with the west boundary line of said 53.02 acre tract, same being line of said 2.694 acre portion, S 24°18'59" E for a distance2 31 .9ac4e feet to a, " it being rod with "Baker-Aicklen" cap set for the southeast corner of said the north boundary line of said 300.43 acre tract, for an angle point hereof; the south boundary line of said 2.694 acre portion, same being the north THENCE with two(2)courses and distances: boundary line of said 300.43 acre tract, the following point 1. S 68°57'45" W for a distance of 52.41 feet to a calculated point, for an angle hereof, and 2.56856° '29" W for a distance of 51.12 feet to az iron rod with "Baker-Aicklen cap set for the southwest corner of said 2.694 acreportion, same being the southeastle point ed corner of a called 1.16 acre tract of land in deed to Gerardo GardCounty, or an angrdin Document No. 9827796 of the Official Records of hereof;Tthe east boundary with the west boundary line of said 2.694 acre portion, same being boundary hne of said 1.16 acre tract, N 24°01'20" W for a distance of 270.57 feet to a'/i 191.444 Acre Tract Page 4 of 8 iron rod with 'Baker-Aicklen" cap set for the northeast corner of said 1.16 acre tract, same being the southeast corner of said 26.98 acre tract, for an angle point hereof; THENCE in part with the south boundary line of said 26.98 acre tract, in part with the north boundary line of said 1.16 acre tract, in part with the north boundary line of a called 1.16 acre tract of land in deed to Maudie Oliver Streeter, recorded in Volume 935, Page 443 of the Deed Records of said County, in part with the north boundary line of a called 1.001 acre tract of land in deed to Hector M. Mendoza and Modesta Solis, recorded in Document No. 2010057895 of the Official Public Records of said County, in part with the north boundary line of a called 1.00 acre tract of land in deed to Miguel Tellez and Karen Tellez, recorded in Document No. 2005021145 of the Official Public Records of said County and in part with the north boundary line of a called 1.00 acre tract of land in deed to Sowers Lawn Care, LLC, recorded in Document No. 2008046323 of the Official Public Records of said County, the following three (3) courses and distances: 1. S 50°54'32" W for a distance of 219.16 feet to a'/i" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, 2. S 62°06'02" W for a distance of 271.55 feet to a'/i" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. S 67°32'56" W for a distance of 808.77 feet to a'/i" iron rod with "Baker-Aicklen" cap set for the northwest corner of said 1.00 Sowers tract, same being the southwest corner of said 26.98 acre tract, same being the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE with the west boundary line of said 1.00 acre Sowers tract, same being the north boundary line of said 300.43 acre tract, S 21°29'43" E for a distance of 150.37 feet to a'/i" iron rod with "Baker-Aicklen" cap set for the southwest corner of said 1.00 Sowers tract, same being an angle point on the north boundary line of said 300.43 acre tract, for an angle point hereof; THENCE through the interior of said 300.43 acre tract, S 68°56'29" W for a distance of 1545.33 feet to a'/i" iron rod with "Baker-Aicklen" cap set on the west boundary line of said 300.43 acre tract, same being the east line of a called 111.30 acre tract of land in deed to Nelson Homestead Family Partnership, Ltd., recorded in Document No. 9824078 of the Official Records of said County, for the southwest corner hereof; THENCE with the west boundary line of said 300.43 acre tract, same being the east boundary line of said 111.30 acre tract, N 21°01'52" W for a distance of 1116.55 feet to a'/" iron rod with 'Baker-Aicklen" cap set, same being on the south right-of-way line of County Road 186, for the most westerly northwest corner hereof; 191.444 Acre Tract Page 5 of 8 THENCE, with the south right-of-way line of said County Road 186, through the interior of said 300.43 acre tract, N 68°29'58" E for a distance of 1536.25 feet to a ''/' iron rod with "Baker-Aicklen" cap set on the east boundary line of said 300.43 acre tract, same being the easterly terminus of said County Road 186, same being on the west boundary line of said 1.720 acre remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the easterly terminus of said County Road 186, same being the westerly boundary line of said 1.720 remnant portion, N 21°29'43" W for a distance of 31.58 feet to a 1/2" iron rod with "Baker-Aicklen" cap set at the northwest corner of said 1.720 remnant portion, for an angle point in the northerly boundary line hereof; THENCE with the northerly boundary line of said 1.720 remnant portion, the following three (3) courses and distances: 1. N 68°39'10" E for a distance of 334.16 feet to a'/2" iron rod with "Baker-Aicklen" cap set for an angle point hereof, 2. N 68°44'40" E for a distance of 236.22 feet to a'/2" iron rod with "Baker-Aicklen" cap set, for an angle point hereof, and 3. N 68°42'10" E for a distance of 677.53 feet to the POINT OF BEGINNING hereof and containing 191.444 acres of land. Bearing basis is referenced to grid north, Texas State Plane Coordinate System NAD 83, Central Zone (4203). Surveyed under the direct supero iox of the undersigned during May, 2013: Parker J. Grah Registered Professional Land Surveyor No. 5556 Baker-Aicklen & Assoc., Inc. 507 West Liberty Avenue Round Rock, TX 78664 %il lob No: 2173-2-001 Filename: W:\PROJECTS\TAYLOR-MORRISON-AVERY NORTH\METES AND BOUNDS\TRACT 1 ZONING\Avery North Zoning -Area -2-191.444 acre tract.doc W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 2.dwg [PAGE 6] July 08, 2013-1:07pm 0 z 0 g gl —gym ©� —DD n7 p 0 4 h ZA en Ugh bA g 8 AO 9 20Vd 1.00-Z-ELI.Z 'ON 103fO2id S31OV t'bti- 661• II8IHX3 9NINOZ O ;(1 uy OD r o_ Q) D r rn H1HON I2:13AV NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 111.30 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS 981. °YOU k1Nf1OO D 0 ► • 0 0 —--� — INIOd 031Vlf101d0 ONfOd 1SOd 30N3d ONfOd l[VN ONfOd 0021 NOM! 211. ONfOd dVO HIIM COI NO JI --- r r NELSON HOMESTEAD FAMILY PARTNERSHIP, LTD. (CALLED 1162.08 ACRES) DOCUMENT NO. 9824078 OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS r w OD TRIPLE PLAY SPORTSPLEX, LP (CALLED 23.65 ACRES) DOCUMENT NO. 2005003974 OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS IRON ROD WITH "BAKER-AICKLEN CAP SET m m z CURVE TABLE CURVE NO. RADIUS ARC LENGTH CENTRAL ANGLE CHORD BEARING CHORD DISTANCE C1 11901.20' 1529.32' 007°21'45" N24°16'08"W 1528.27' LINE TABLE LINE NO. BEARING DISTANCE L33 N66°28'26"E 96.97' L34 N71 °29'15"E 403.98' L35 N68°57'13"E 1711.38' L36 N68°53'18"E 493.09' L37 S21 °23'57"E 1094.60' L38 S05°13'37"W 35.58' L39 S06°55'57"W 577.76' L40 S02°54'37"W 4.18' L41 S29°07'24"E 27.53' L42 S22°27'01 "E 151.38' L43 S74°28'37"W 1901.33' L44 S46°14'14"W 10.92' L45 S50°33'44"W 184.07' L46 S24°18'59"E 316.94' L47 S68°57'45"W 52.41' L48 N24°01'20"W 270.57' L49 S50°54'32"W 219.16' L50 S62°06'02"W 271.55' L51 S67°32'56"W 808.78' L54 S21 °29'43"E 150.37' VikBAKER-AICKLEN SD7WEST UBERTYAVE. ROUND ROCK, TEXAS 78664 & ASSOCIATES, INC. (512) 244,9520 ENGINEERING FIRM # F-45 ENGINEERS 1 SURVERMS 1 GIS 1 FLAMERS 1 LAMAR=HRECTI3 BURVEY FIRM #100231 0 ROUND ROCK -MAE#1787 LINE TABLE LINE NO. BEARING DISTANCE L55 S68°56'29"W 1545.33' L56 N21 °01'52"W 1116.55' L57 N68°29'58"E 1536.25' L58 N21 °29'43"W 31.58' L59 N68°39'10"E 334.16' L60 N68°44'40"E 236.22' L61 N68°42'10"E 677.53' L62 S21 °26'13"E 426.58' L64 S68°56'29"W 51.12' L65 S06°42'07"W 267.37' AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 7 OF 8 PROJECT NO. 2173-2-001 W:IPROJECTS\TAYLOR-MORRISON-AVERY NORTH)DWG ZONINGITM-ZONING•AREA 2.dwg [PAGE 7] July 08, 2013 - 1:07pm ® AVERY RANCH COMPANY, LTD - CALLED 300.43 ACRES - DOC. NO. 2002071336, O.P.R.W.C.T. 20 SOWERS LAWN CARE, LLC - CALLED 1.00 ACRE - DOC. NO. 2008016323, O.P.R.W.C.T. 30. MIGUEL TELLEZ & KAREN TELLEZ - CALLED 1.00 ACRE - DOC. NO. 2005021145, O.P.R.W.C.T. ® HECTOR M. MENDOZA & MODESTA SOLIS - CALLED 1.001 ACRE - DOC. NO. 2010057895, O.P.R.W.C.T. 0 MAUDIE OLIVER STREETER - CALLED 1.16 ACRE - VOL. 935, PG. 443, D.R.W.C.T. © GERARDO C. TORRES - CALLED 1.16 ACRE - DOC. NO. 9827796, O.P.R.W.C.T. © TREESCAPE FARMS GP, LLC - CALLED 26.98 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. ® RUBEN GREINERT AND JOYCE GREINERT - A 1.720 ACRE REMNANT PORTION OF A CALLED 28.76 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 90 CITY OF GEORGETOWN - A 2.694 ACRE PORTION OF A CALLED 38.069 ACRES - VOL. 1970, PG. 497, O.R.W.C.T. 10. JOHN S. AVERY, SR., TRUSTEE, JOHN S. AVERY EXEMPT TRUST - CALLED 144.41 ACRES - DOC. NO. 2006112407 O.P.R.W.C.T. 11. RUBEN GREINERT AND JOYCE GREINERT - CALLED 4.8926 ACRES - DOC. NO. 9610694, O.P.R.W.C.T. 12. RUBEN GREINERT & JOYCE GREINERT - CALLED 118.53 ACRES - VOL. 2711, PG. 151, O.R.W.C.T. 13. TREESCAPE FARMS GP, LLC - CALLED 3.79 ACRES - DOC. NO. 2004054116, O.P.R.W.C.T. 14. CHARLES N. AVERY, III, ET AL. - CALLED 53.02 ACRES - DOC. NO. 2004074664, O.P.R.W.C.T. 1,A BAKER-AICKLEN ROUNDA ROCK, TEXAS & ASSOCIATES, INC. M121244,9620 ENGINEERING FIRM # P45 Enninseme 1 aumrew+a I Gla 1 Rxa.rss I urw—usero cls SURVEY FlRM#100231.0 ROUND ROCK T5AE#1787 AVERY NORTH ZONING EXHIBIT 191.444 ACRES PAGE 8 OF 8 PROJECT NO. 2173-2-001 W:IPROJECTSITAYLOR-MORRISON-AVERY NORTHIDWG ZONINGITM-ZONING-AREA 2.dwg (PAGE 8) July 08. 2013 -1:07pm SEC Planning, LLC EXHIBIT B CONTEXT MAP 0 1/2 Mile 1 Mite 2 Miles Scale: 1' =1 Mile' North Date: July 3, 2013 Land %anming + Landscape Architecture + Community Branding AUSTIN, TEXAS AVERY NORTH ROUND ROCK, TEXAS SIEET EAE: AS120011-TANG I um ZumOU,ne2s2012 %ne1Na1 Gaee'mneeenpA,1 Base Ab.Vin1 Oempded NanOM anil24eL lonnAie.M mgdaN .fl. bmnidwM ofb anh .In need dmntn fired '.e. Ss dune. TNS land Nan h snowluml nneVeand dm nel Iyve2M vryre0u4bryypwl. N. u Ni0lln la chyme, 5. - / 40P - o r = 2 0z E—N dao' co Z o = o y o cc z w5 Qom. U J 00 a LLI V ` ./ ,._. t/ \ 1...--- .v Rc.,ou—LID \ PWPLE PLAY w^vrf.o^nm ECnn A]M!le L 1 t Y Y I 1 \ O� JG \\ /- --AlDLRV9i \ r'• °^c • '' POTEN71gL FOR �' P.CEL / FUTURE EXPANSION /- N, N / 27.6 A NES / ALL ROADS INDICATEON ` ONCEPT PLAN t. ARE CPRIMARY ROADS 1 , HEl501 FRO9EflTY •�` l/ •`„` ` - i WAVA A Wa lL . Ka-plal WWII D1,75 rflNr!wHTfffr= \// -"\ / � �,. <oc�vuu.aw io�nca�ouvrovc ��.__..�/1 l.�i'���;,` ''•,.� j= �a` `rO rN�,��cK\\5 �aWPcocjySzJ�y` �� OEpPO POOH \� r� rrcison vnoMriTv I I i rt 1 FUTURE F RE EXPANsloN ALL ROADS INDICATE6�,` � ON CONCEPT PLAN ` \ I �.V A'�. ��".� •. ARE PRIMARY ROADS Ain p, 17 HF130v PFOPEflTv � �/� �� ♦ � \ , • 1 • 1 • • a a. a e a. -• �'• e e - tO To 0 Lt - 0 0 2 LU § � W \ — < -Ct� al X W m d 0 2 EXHIBIT E-2 Avery North PUD Parkland Dedication Analysis PARKLAND DEDICATION REQUIREMENTS PER SUBDIVISION ORDINANCE Zoning Type Acreage Parkland Requirement Residential (SF -2) 389.8 acres 31.2 acres (8% of total acreage) Non-residential 22.3 acres $17,840 ($800/acre) Total Parkland Dedication Requirements: 31.2 acres and $17,840 PARKLAND DEDICATION PROVIDED IN AVERY NORTH PUD Parkland Type Acreage Acres Credited toward Parkland Requirements Private Amenity Centers (2) 9.2 acres 4.6 acres (50% credit) Parkland - Floodplain 45.3 acres 16.1 acres (Max. 50% of requirement) Park/Open Space 56.9 acres 56.9 acres (100% credit) Total Parkland Dedication Provided: 77.6 acres Total Residential Parkland Dedication Requirement: 31.2 acres Difference between Requirement and Provided: 46.4 acres Credit to Satisfy Non -Residential Requirement: .89 acres (4% of 22.3 acres) Remaining Parkland Requirement Credits*: 45.51 acres *Parkland Requirement Credits can only be transferred to the adjacent properties shown on Exhibit "E-1" for future expansion of the Avery North PUD development. No other tracts shall be allowed to utilize/transfer Parkland Requirement Credits from the Avery North PUD. Parkland Requirement Credits shall be applied to Subdivision Ordinance — Parkland Dedication Requirements that are adopted at the time of the development of the adjacent properties shown on Exhibit "E-1". Credits shall be transferred at a 1:1 ratio to be applied to the Parkland Dedication Requirements of those properties. Any Parkland Dedication Requirements not met with the transfer of the 45.51 acre Parkland Requirement Credits shall be met with additional parkland dedication or fee in lieu of parkland dedication associated with those properties/developments. Ordinance No. Z -13-07-25-G7 Zoning 412.111 acres of land to PUD 96 AFTER RECORDING, PLEASE RETURN TO: CITY OF ROUND ROCK ATTN: CITY CLERK 221 E. MAIN STREET ROUND ROCK, TEXAS 78664 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013072262 07/30/2013 01:32 PM DPEREZ $280.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS