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Z-13-08-08-F1 - 8/8/2013ORDINANCE NO. � 134)--08- AN 34)`08' 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 REZONE 0.272 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT C -1a (GENERAL COMMERCIAL - LIMITED); AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 0.272 acres of land, out of the Wiley Harris Survey, Abstract No. 298, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District SF -2 (Single Family - Standard Lot) to District C -la (General Commercial - Limited), and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 17th 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 described in Exhibit "A" be zoned District C-1 a (General Commercial - Limited), and WHEREAS, on the 8th day of August, 2013, after proper notification, the City Council held a public hearing on the requested amendment, and 0112.1304; 00279291/rmc Rev. 7/13 WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 46-92 and Section 46-105, Code of Ordinances (2010 Edition), City of Round Rock, Texas concerning public notices, hearings, consideration, findings, 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 considered and hereby makes the following findings regarding this amendment: 1. It is consistent with the general plan; 2. It is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3. The affected property is suitable for uses that are and would be permitted by District C -la (General Commercial - Limited); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the permitted uses in District C-1 a (General Commercial - Limited). 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 2 zoning classification of the property described in Exhibit "A" is hereafter designated as District C -la (General Commercial - Limited). III. 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 day of PVI4V— , 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 SARA L. WHITE, City Clerk ALAN MCGRAW, Mayor City of Round Rock, Texas 4 FIELD NOTES OF 0.272 ACRE OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, WILLIAMSON COUNTY, TEXAS SURVEY NO. 134011 • EXHIBIT 11A» METES AND BOUNDS DESCRIPTION ALL OF THAT 0.272 ACRE OF LAND, MORE OR LESS, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF ' LAND CONVEYED TO JARRELL AND JEAN SIMPSON IN THE DEED RECORDED IN VOLUME ' 511, PAGE 258 OF THE DEED RECORDS OF WILUAMSON COUNTY, TEXAS. SAID TRACT OF LAND HAVING BEEN SURVEYED ON THE GROUND UNDER MY SUPERVISION AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at Ya iron rod found In the easterly Right of Way Zine of North Mays Street at the'riorthwest corner of the 0.275 Acre of land conveyed to Phyllis A. Sample recorded In Document No. 2008070858 of the Official Publics Records of Williamson County, Texas, for the southwest corner of the tract herein described from which a Ye Iron rod found bears S•80037'49` E and a distance of 0.07 feet and a W Iron rod found at the southwest corner of •the Sample tract bears 5 21°36'37' E and a distance of 99.95 feet; THENCE, along the easterly Right of Way One of North Mays Street and the westerly line of the tract herein described, N 21°32'44° W, a distance of 99.49 feel to a W Iron rod found at the southwest comer of the Bahrami Estates, a subdivision recorded in Cabinet DD, Slides 48-49 of the Plat Records of Williamson County, Texas, for the northwest corner of the tract herein descrjbed; THENCE, leaving the easterly Right of Way line of North Mays Street and along the southerly line of the Bahrami Estates and the northerly line of the tract herein described, • N 68°20'00' E, a distance of 119.46 feet to a.W iron rod found in the westerly line of • ' Greenhill, Section Five, a •subdivision recorded In Cabinet F, Slide 70 of the Plat Records of Wiliamson County, Texas, at the•southeast comer of the Bahrami Estates for the northeast corner of the tract herein described; • THENCE, along the westerly line of Greenhill Section Five, and the easterly tine of the tract herein described, S 21°27'15' E, a distance of 99.35 feet to a W Iron round at the northeast corner of the Sample for the southeast corner of the tract herein described; THENCE; along the northerly line of the Sample tract and the southerly line of the tract herein described, 5 68'18'04' W, a distance of 119.31 Feet to the Point of Beginning- and containing 0.272 Acre of land, more or less. See SNS Engineering 'Plat of Survey' No.13162, Page 2 of 2, attached hereto and made a part hereof. Leslie Vasterling Registered Professional La_ nd Surveyor No. 1413 State of Texas Page 1 of 2 E dib(`+ t'A'` FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2013446267 • 05/2B/2013 03:55 PN CPNELPS 524.00 NANCY E. RIOTER, COUNTY CLERK NILLSANSON COUNTY, TEXAS ROUND ROCK, TEXAS PURPOSE Rmat nwsvtnm City of Round Rock Agenda Item Summary Agenda Number: F.1 Title: Consider public testimony regarding and an ordinance rezoning 0.272 acres of land located just south of the intersection of N. Mays Street and Bowman Road from SF -2 (Single Family - Standard Lot) zoning district to C -la (General Commercial Limited) zoning district. (First Reading*) Type: Ordinance Governing Body: City Council Agenda Date: 8/8/2013 Dept Director: Brad Wiseman, Planning and Development Services Director Cost: $0.00 Indexes: Attachments: Ordinance, Exhibit A, Five Faithful Talents Vicinity Map Text of Legislative File 13-556 Attached is an ordinance to rezone a 0.27 acre property on North Mays Street from SF -2 (Single Family - Standard Lot) to C -la (General Commercial Limited). This property is the last parcel along this stretch of Mays Street without a commercial zoning designation. Granting this rezoning request would bring this tract into conformance with the General Plan Future Land Use Map, which has designated this area commercial. It is bordered on the north, south, and west sides by existing commercial development, and on the east by a multifamily apartment complex. City water and wastewater infrastructure are available and sufficient to serve the site. The site has a driveway onto North Mays St. which will continue to be used in the future, and a cross -lot connection with the parking lots of the adjacent properties is required per standards in the Zoning Ordinance. The C-1 a district permits a variety of commercial uses, plus office, parks, schools, and places of worship. However, it does not permit some of the more intense uses that are permitted in the C-1 district, such as flea markets, heavy equipment sales, pawn shops, and shooting ranges, making it more appropriate for this portion of North Mays Street. The property does not abut any Single Family or Two Family zones, so a compatibility buffer will not be required. All modifications and new construction must comply with the standards set forth in the Code, including setbacks, landscaping, and exterior wall materials. Pursuant to Section 46-105, the requested zoning map amendment meets the following findings: City of Round Rock Page 1 Printed on 8/5/2013 Agenda Item Summary Continued (13-556) 1. The rezoning request and proposed land use are consistent with General Plan 2020. The C -la zoning district permits office uses. 2. It is compatible with the present zoning, uses of nearby property, and with the character of the neighborhood. 3. The affected property is suitable for uses that are and would be permitted by the C -la district. The General plan designates this area as commercial, to which this proposal conforms. 4. Water, wastewater, and storm water facilities are suitable and adequate, and are available for the proposed use and many other use that are permitted by the C -la district. The Planning and Zoning Commission unanimously recommended approval on July 17, 2013. Staff recommends approval. City of Round Rock Page 2 Printed on 8/5/2013