Z-13-11-14-G2 - 11/14/2013ORDINANCE NO. Z- 15- I (' I 4-- C72_
AN ORDINANCE AMENDING ORDINANCE NO. AZ -05-05-26-11D2,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
MAY 26, 2005, BY AMENDING SECTIONS 11.5, AND 11.6, APPROVED
BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
OR RESOLUTIONS.
WHEREAS, on May 26, 2005, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. AZ -05-05-26-11D2, which established PUD No. 61, and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Sections 11.5 and 11.6 of PUD No. 61, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. AZ -05-05-26-11D2 on the 6th
day of November 2013, following lawful publication of said public hearing, and
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that Ordinance No. AZ-05-05-26-
11D2
Z-05-05-26-11D2 be amended, and
WHEREAS, on the 14th day of November 2013, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. AZ-05-05-
26-11D2,
Z-05-05-26-11D2, and
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. AZ -05-05-26-11D2 promotes the health, safety, morals and general
welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter
A., Texas Local Government Code, and Sections 46-92 and 46-106, Code of
Ordinances, 2010 Edition, City of Round Rock, Texas concerning public notices,
hearings, and other procedural matters has been fully complied with, Now Therefore
0112.1304,00285896
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council hereby determines that the proposed amendment to
Planned Unit Development (PUD) District #61 meets the following goals and objectives:
(1) The amendment to P.U.D. #61 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #61 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) The amendment to P.U.D. #61 does not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions,
parking, utilities or any other matters affecting the public health, safety and
general welfare.
11.
That Section 11.5 of the Development Plan of PUD No. 61, as approved in
Ordinance No. AZ -05-05-26-11D2 is hereby deleted in its entirety, and replaced with a
new Section 11.5, which shall read as follows:
5. PERMITTED USES ON PARCEL 1
The following principal uses are permitted on the portion of the Property identified as
Parcel 1 on PUD No. 61 Exhibit "C" and further described by metes and bounds in
PUD No. 61 Exhibit "C-1":
• Retail Sales, including the following uses as secondary uses:
o Boat Sales and Service
o Camper Sales and Service
o All -Terrain Vehicle (ATV) Sales and Service
■ An all -terrain vehicle (ATV), also known as a quad, quad bike, three-
wheeler, or four -wheeler, is a motorized vehicle designed to handle a
wide variety of terrain. It travels on low-pressure tires, with a seat that
2
is straddled by the operator, along with handlebars for steering
control.
o Indoor Shooting Ranges
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop-off and pick-up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
• Theater/Cinema
• Indoor Entertainment Activities
• Eating Establishments
• Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Hotel
• Conference Center
• Bank or Financial Services, which is the use of a site for the provision of financial
and banking services. This includes banks, stocks and bonds brokers, loan and
lending activities, off-site cash machines, and other similar services.
• Office
• Office, Medical
• Day Care, as an accessory use
• Fire or Police Station
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear/ Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional/ Metropolitan
3
III.
That Section 11.6 of the Development Plan of PUD No. 61, as approved in
Ordinance No., AZ -05-05-26-11D2 is hereby deleted in its entirety, and replaced with a
new Section 11.6, which shall read as follows:
6. PROHIBITED USES ON PARCEL 1
The following uses are prohibited:
• Gasoline & fuel sales
• Outdoor Entertainment
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales (as a primary use)
• Camper sales (as a primary use)
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Outdoor shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
4
• Pawn shops
• Heavy equipment sales, rental & leasing
• Wireless Transmission Facility, Self -Standing
IV.
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 Iill day of
1\f WW1 vy , 2013.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2013.
5
READ, APPROVED and ADOPTED on second reading this the day of
ATTEST:
, 2013.
Cqw. tth4
SARA L. WHITE, City Clerk
Ykyi .4
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
'ROUND ROCK, TEXAS
"WM. PASSION PROSPERITY
City of Round Rock
Agenda Item Summary
Agenda Number: G.2
Title: Consider public testimony regarding and an ordinance amending the
Planned Unit Development (PUD) No. 61 zoning district to allow boat,
camper and ATV sales and repair, and indoor shooting ranges as
secondary uses. (First Reading)*
Ordinance
City Council
11/14/2013
Brad Wiseman, Planning and Develoment Services Director
Type:
Governing Body:
Agenda Date:
Dept Director:
Cost:
Indexes:
Attachments:
Department:
Ordinance, Map - PUD 61 Teravista2, Aerial Map - PUD 61 Teravista2
Planning and Development Services Department
Text of Legislative File 13-887
Planned Unit Development (PUD) No. 61 was approved in 2005. It contains 54.49 acres
and provides for a variety of commercial, office and retail uses, with specific use restrictions.
The restrictions were intended to prevent the property from being used for businesses
deemed inappropriate for the location, such as car sales lots, portable building sales, truck
stops, etc.
Bass Pro Shops is purchasing a site to locate a retail outlet on a portion of the property.
Their stores sell and service boats and all -terrain vehicles and include archery shooting
ranges to allow their customers to test equipment for sale. Camper sales are also on the list
of prohibited uses contained in the PUD. The list is to be amended to allow for these uses,
if secondary to a primary use such as Bass Pro Shops.
The proposed PUD amendment would allow Bass Pro Shops to operate their typical retail
store, which includes the sale and servicing of boats and all -terrain vehicles, and an indoor
shooting range. Camper sales are not currently part of their business model, but this use is
being added to avoid a future PUD amendment in the event their business plan changes.
The amendment would not allow for camper, boat, or other vehicle sales or shooting ranges
as primary uses within the PUD.
The Planning and Zoning Commission voted 8-0 on November 6, 2013 to approve this
amendment to PUD No. 61.
City of Round Rock Page 1 Printed on 11/12/2013
RECORDED
DOCUMENT
FOLLOW
THE STATE OF TEXAS
*
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK
*
III
1011
11
0101111111
IIII
Dill
IIII
11111 8R PGS
2014003420
I, MEAGAN SPINKS, Deputy 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 -13-11-14-G2, which amends Ordinance
No. AZ -05-05-26-11D2, adopted by the City Council of Round Rock, Texas on May 26, 2005, by
amending sections 11.5 and 11.6 of PUD No. 61. This ordinance was approved and adopted by
the Round Rock City Council at a regular meeting held on the 14th day of November 2013 and
recorded in the City Council Minute Book 60.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 13th day of
January 2014.
4\(\1211):2t
inks, Deputy City Clerk
ORDINANCE NO. Z--15-1(-
AN
-tx't(
AN ORDINANCE AMENDING ORDINANCE NO. AZ -05-05-26-11D2,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
MAY 26, 2005, BY AMENDING SECTIONS 11.5, AND 11.6, APPROVED
BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
OR RESOLUTIONS.
WHEREAS, on May 26, 2005, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. AZ -05-05-26-11D2, which established PUD No. 61, and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Sections 11.5 and 11.6 of PUD No. 61, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. AZ -05-05-26-11D2 on the 6th
day of November 2013, following lawful publication of said public hearing, and
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that Ordinance No. AZ-05-05-26-
11D2
Z-05-05-26-11D2 be amended, and
WHEREAS, on the 14th day of November 2013, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. AZ-05-05-
26-11D2,
Z-05-05-26-11D2, and
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. AZ -05-05-26-11D2 promotes the health, safety, morals and general
welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter
A., Texas Local Government Code, and Sections 46-92 and 46-106, Code of
Ordinances, 2010 Edition, City of Round Rock, Texas concerning public notices,
hearings, and other procedural matters has been fully complied with, Now Therefore
0112.1304;00285896
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council hereby determines that the proposed amendment to
Planned Unit Development (PUD) District #61 meets the following goals and objectives:
(1) The amendment to P.U.D. #61 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #61 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) The amendment to P.U.D. #61 does not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions,
parking, utilities or any other matters affecting the public health, safety and
general welfare.
11.
That Section 11.5 of the Development Plan of PUD No. 61, as approved in
Ordinance No. AZ -05-05-26-11D2 is hereby deleted in its entirety, and replaced with a
new Section 11.5, which shall read as follows:
5. PERMITTED USES ON PARCEL 1
The following principal uses are permitted on the portion of the Property identified as
Parcel 1 on PUD No. 61 Exhibit "C" and further described by metes and bounds in
PUD No. 61 Exhibit "C-1":
• Retail Sales, including the following uses as secondary uses:
o Boat Sales and Service
o Camper Sales and Service
o All -Terrain Vehicle (ATV) Sales and Service
■ An all -terrain vehicle (ATV), also known as a quad, quad bike, three-
wheeler, or four -wheeler, is a motorized vehicle designed to handle a
wide variety of terrain. It travels on low-pressure tires, with a seat that
2
is straddled by the operator, along with handlebars for steering
control.
o Indoor Shooting Ranges
• Retail Services, which shall be limited to the following:
o Florist
o Cleaners (drop-off and pick-up only)
o Hair Salon
o Alteration Shop (Tailor)
o Copy Business Center
o Athletic or health club
• Theater/ Cinema
• Indoor Entertainment Activities
• Eating Establishments
• Bars/Pubs/Taverns, which is the use of a site for the retail sale of alcoholic
beverages for consumption on premises
• Hotel
• Conference Center
• Bank or Financial Services, which is the use of a site for the provision of financial
and banking services. This includes banks, stocks and bonds brokers, loan and
lending activities, off-site cash machines, and other similar services.
• Office
• Office, Medical
• Day Care, as an accessory use
• Fire or Police Station
• Visitor Center, which is the use of a site for the provision of information to the
public regarding a development, project, or the surrounding community, as well as
related activities, events, programs and tourist locations.
• Wireless Transmission Facility, Stealth
• Wireless Transmission Facility, Attached
• Park, Private
• Park, Linear/ Linkage
• Park, Community
• Park, Neighborhood
• Park, Regional/Metropolitan
3
That Section 11.6 of the Development Plan of PUD No. 61, as approved in
Ordinance No., AZ -05-05-26-11D2 is hereby deleted in its entirety, and replaced with a
new Section 11.6, which shall read as follows:
6. PROHIBITED USES ON PARCEL 1
The following uses are prohibited:
• Gasoline & fuel sales
• Outdoor Entertainment
• Automotive & machinery repair
• Automotive & machinery services
• Automotive parts
• Automotive sales
• Automotive rental
• Automotive & machinery washes
• Wrecking yards
• Sale of used goods
• Sexually oriented businesses
• Trucking terminals
• Truck service or repair
• Truck stops
• Bulk distribution centers
• Flea markets
• Portable building sales
• Manufactured home sales
• Boat sales (as a primary use)
• Camper sales (as a primary use)
• Industrial building sales
• Amusement parks or carnivals
• Campgrounds
• Outdoor shooting ranges
• Kennels
• Video arcades (as a primary use)
• Billiard parlors & pool halls (as a primary use)
• Tattoo parlors
• Donation centers
• Recycling centers
• Wholesale nurseries
• Recreational vehicle parks
4
• Pawn shops
• Heavy equipment sales, rental & leasing
• Wireless Transmission Facility, Self -Standing
IV.
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
1\f afail �i►� , 2013.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2013.
5
READ, APPROVED and ADOPTED on second reading this the day of
ATTEST:
, 2013.
koimti. RAW
./(
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Clerk
6
Ordinance No. Z -13-11-14-G2
Amending PUD No. 61 (AZ -05-05-26-11D1)
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 2014003420
01/16/2014 01:30 PM
DPEREZ $49.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS