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O-2018-5967 - 10/11/2018 ORDINANCE NO. 0-2018-5967 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN ZONING AND DEVELOPMENT CODE, CHAPTER 2, ARTICLE I, SECTION 2-2(b)(1), CODE OF ORDINANCES (2018 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 9.557 ACRES OF LAND, OUT OF THE WILLIAM BARKER SURVEY, ABSTRACT NO. 74 IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 22 TO DISTRICT TH (TOWNHOUSE); 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 9.557 acres of land, out of the William Barker Survey, Abstract No. 74, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District PUD (Planned Unit Development) No. 22 to District TH (Townhouse), 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 5th day of September, 2018, 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 TH (Townhouse), and WHEREAS, on the 11th day of October, 2018, after proper notification, the City Council held a public hearing on the requested amendment, and 01 12.1804,00410584 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 Zoning and Development Code, Chapter 10, Article I, Section 10-2 and Article IV, Section 10-21, Code of Ordinances (2018 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 TH (Townhouse); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the permitted uses in District TH (Townhouse). II. That the Official Zoning Map adopted in Zoning and Development Code, Chapter 2, Article I, Section 2-2(b)(1), Code of Ordinances (2018 Edition), City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District TH (Townhouse). 2 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 Ift— day of 2018. Alternative 2. READ and APPROVED on first reading this the day of , 2018. READ, APPROVED and ADOPTED on second reading this the day of 2018. J 4m / CRAIG MORN, M r City of Round oc!< exas ATTEST: SARA L. WHITE, City Clerk 4 E j 1 i i i I I E f f The Land consists of 29.39 acres,being a 30.42 acre tract described in the field notes attached hereto as Appendix 1 to Ehibit"A",save and except a 1.03 acre tract described in the field notes attached hereto as Appendix 2 to Exhibit"A". • i Exhibit"A"consists of 4 pages. . I _ !E f I i i 1 f L APPENOM t RECEIVED MAR 1 8 1998 CITY OF ROUND ROCK F i= NOTESPLANNING DEPARTMENT B B IM' a Part of the WILEY liARR I S SURVEY, AI3 MxACT M. 298, W i l l i arms o n County Texas, and being a part of that certain 122.82 acre tract of land described In a deed to R. L. Egger recorded in Volume 259 at Page 250, Deed Records of .,Wilii&mon County. and being moro partieu�arly described by metes and bounds as follows. to wit:' BEGIWINC at an 'W' found cut in a concrete curb at the southwest corner hereof. said point also being the northwest corner of Southgate Apartrnents, Ltd, a subdivision of record filed In Cabinet F, Slide 288, Plat Records of Wi 1 i i arns o n County; as '[XEtC.`E with the west tine hereof and the east line of interstate Hig'r;way 35, the following described two (2) courses and distances: I) N 1211 42' 15" lY a diatanec of 513.74 feet to a concrete R/W rmntn�ant, avid; 2) N 4.00 06' 42" 1Y a distance of 643.84 feel to the northwest corner hereof, $° frau which a chain link fence corner post' bears H 730 55' 45" F, a di.starice of 2.13 feet: , Tl(MgM with the north line hereof, the foilowiria described four (4) courses and distances.- 1) istances;l) N 730 55' 45" E a distance of 492.8G feet to an iron rod found nt the southeast corner, of Southaide Acres, a subdivision of record filed lig Cabinet A. Slide 323, Plat Records of Williamson County; 2) N 740 15' 18" 2 a distance of 516.IS feet to a.n iron rod found at the southwesterly •tcrminus of Mandell Street; 3) N. 7312 001 49" E a distance of 61.47 fzet to an iron plpc fc,;md at the aouthoasterty torminus of Mandell Street. said iron pipo also being the southwest corner of Southside. Acres Unit Two, a subdivision o,f record f I led In Cabtnet 8, Sl ide 40, Plat Records of Wi l l iamson County, and; 4) N 73*0 OG' 28" is a d 4.s t anco of 356.87 feet. -to an iron rod found at the northeast corner hereof in the west line.-of U. S. Highway 81, (South MAYc Street);' ' u 110EiG'B with the eRat line hereof and the west line of said U. S. Highway 81, the fol toKtng descrit)ed three (3) courses and distances: 1) An ace distance of 762.51 feet with a curve to the right, said curve having a central angle of 70 414* 3211, a radius of 5679.58. tangents of 381.83 feet. a chord distance of 761.94 fact,' and a chord bearing of S 6° 5P 07" E. to a concrete R11V monument: 2) S 311 26` 43" W a distance of 172.36 feet to a concrete R!W monumer►t. and 3) S 6° 35' 48" E a distance of 154.21 feet to the southeast corner hereof, from which an Iron rod found bears N 871* 53' 2111 E a distance of 0.90 feet. an iron rod found bears S 870 53' 21" lei a distance of 0.80 feet. and a concrete R/W monument bears S 80 35' 48" E a distance of 46.92 f set t iWEt,X.-E with the south line hereof, the fol to ins described three (3) courses and distances: i ) S 870 $31 21" W a distance of 370.84 feet to an Iron rod found, said iron rod also beinf. the northwest corner of Stella Subdivision Section Two. a sut}divicion of record filed in Cabinet C, Slide 23, Plat Records of Williamson County; 2) S 20 14' 22" E a distance of 169.19 feet to an iron rod found at the souttriest corner of said Stella Subdiviaian in the north line of said Sout.igate Apartments. Ltd; S) S 770 I5' 31" W a distance of G66:26 feet with the north line of said Southgate A-partmenta, Ltd, to the Place of Beginning, contgining 30. 52 acres of land, subject to easements, conditions or restrictions of record If any. �' jJ..• •. .-••..•.. Stan Coal tec. 1122. LSLS2-1-03 •��• `., '`-.;i. '`���. -c- •� ,.�icy.�•� E J-` H 1 031 ^T' A APPENDIX 2 FIELD NOTES ;,_•;N Ga na_+_ o_ tho ;jt-r.E_V U lt;V w ...._ .�iA.P.oT..�S SJt R.., , A.O# TS&, AnCTL NO. 29"u, Wt�II1LLIAMSON COUNTY, TEXAS, and being a part of that certain 11 . Q 7 acre tract of land Aaz=i V%. A 4 .. .i.� .t to •.-3 �... recorded in Volume 2291 at Page 50, Official Records, Williamson County, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at the northwest corner of said 30.42 acre tract in the east right--of-way line of Interstate Highway No. 35, from which 'a chain link fence corner post bears N 7311 55 ' 45" E a distance of 2.13 feet; • THENCE N 73' 55 ' 45" E a distance of 352.46 feet with the north line of said 30 .42 acre tract to the northeast corner hereof; THENCE crossing said 30.42 acre tract, the following described six (6) courses and distances: 1) S 291• 34 ' 41" W a distance of 66.58 feet; 2) S 33' 45 ' 24" W a distance of 52.64 feet; 3) S 21' 46 ' 50" W a distance of 93.72 feet; 4 ) S 28' 20 ' 47" W a distance of 49.99 feet; 5) S 14'1 56' 05" W a distance of 52.39 feet, and; 6) S 1741 25' 55" W a distance of 43.58 feet to a point in the east right-of-way line of said Interstate Highway 35; THENCE N 40' 06 ' 42" W a distance of 297. 24 feet with the west line of said 30.42 acre tract and the east line of said Interstate Highway No. 35 to the Place of Beginning, containing 1.03 acres of land, more or less. r' OF 7. COAL & ASSOCIATES, SURVEYORS .4-�.G%STF•.,F+ A..: .� • '9 -STAN COALTER 1481 T:Q y,.%.pessto; y0 Stan Coalter, RPLS, LSLS suR� 7-10-93 93011-1-01 ,� . for NO laud C� /c�txt. n"r aw. ISa.inw) W C&C ru"Iwo -- , Wild D 1 St�ntY: airy yrrj u .w"ui ' �1 WLWR if CLOW.: I � USA"Gf"n- I ►W. Nun im" �. �•- / r [ — O�It: 14.c►Is.im �' nr eau yy1��,w. .•! l_ •�• TOI.MUM a ail AL •J,I+N •,. � e013rib1o9 ACAS!! // I owl CUM MAU r / lawvt ' �G .�. it •LJ a♦� t o 5 0 -y t t I I �• t a��o 1 d , i S 1 3 11 r p-a ld gleLu MORMON ►1 1 y11 ;'irp,ft AMONIX OY;J.1: ACWT RIF VY fllXr HARRIS SUjjVjlr. AASTRACF 298 ,. M�alrlh�Yp �r�pr1�►�ur� � 1 ELECTRONICALLY RECORDED 2018094918 Williamson County, Texas Total Pages: 11 THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City of Round Rock and the attached is a true and correct copy of Ordinance No. 0-2018-5967 which zones 9.557 acres of land from Planned Unit Development (PUD) No. 22, to the TH (Townhouse) zoning district. This ordinance was approved and adopted at a regular meeting held by the City Council on the 11th day of October 2018, and recorded in the City Council minute book no. 62. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 22nd day of October 2018. 1_ . Ar-1/ ,!At- ....,.„„ SARA L. WHITE, TRMC, City Clerk ,_.,..__,&,..,...,...--o ROC•fk.'11 ,---, ,, .-J ......... * ..„ ...- „,,,.......,-- 2018094918 Page 2 of 11 ORDINANCE NO. 0-2018-5967 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46- 132(b)(1), CODE OF ORDINANCES (2018 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 9.557 ACRES OF LAND, OUT OF THE WILLIAM BARKER SURVEY, ABSTRACT NO. 74 IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 22 TO DISTRICT TH (TOWNHOUSE); 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 9.557 acres of land, out of the William Barker Survey, Abstract No. 74, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District PUD (Planned Unit Development) No. 22 to District TH (Townhouse), 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 5th day of September, 2018, 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 TH (Townhouse), and WHEREAS, on the 11th day of October, 2018, after proper notification, the City Council held a public hearing on the requested amendment, and 0112 18N 00410584 Rev 7113 2018094918 Page 3 of 11 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 (2018 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: 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 TH (Townhouse); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the permitted uses in District TH (Townhouse). II. That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2018 Edition), City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District TH (Townhouse). 2018094918 Page 4 of 11 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 ell— day of 2018. Alternative 2. READ and APPROVED on first reading this the day of , 2018. READ, APPROVED and ADOPTED on second reading this the day of , 2018. 3 2018094918 Page 5 of 11 Lm / CRAIG MORGAN, M /y6r City of Round hock, Texas ATTEST: - SARA L. WHITE, City Clerk 4 2018094918 Page 6 of 11 It 1� The Land consists of 29.39 acres, being a 30.42 acre tract described in the field notes attached hereto as Appendix 1 to Ehibit"A",save and except a 1.03 acre tract described in the field notes attached hereto as Appendix 2 to Exhibit"A". Exhibit"A"consists of 4 pages. • 1 • • • • 2018094918 Page 7 of 11 •EX H 1E31-1- APPENDIX E3 !TAPPENDIX 1 • RECEIVED MAR 18 1998 r • CITY OF ROUND ROCK PLANNING DEPARTMENT FIS NOTES BEING' a part of the WILEY HARRIS SURVEY, ABSTRACT NO. 298, Williamson County, Texas, and being a part of that certain 122.82 acre tract of land described in a deed to R. L. Egger recorded to Volume 259 at Page 250, Deed Records of 'Williamson County. and being more particularly described by metes and bounds as follows. to wit:' . BEGINNING at an "X'" found cut in a concrete curb at the southwest corner hereof. said point also being the northwest corner of Southgate Apartments. Ltd. a subdivision of record filed in Cabinet F, Slide 288, Plat Records of g Williamson County; 1644. THEME with the west line hereof and the east tine of Interstate Highway 35, the following described two (2) courses and distances: 0 4 I) N 12° 42' I5" W a distance of 513.70 feet to a concrete RIW mon«ront, 1 and; 111 2) N 4.0° 06' 42" W a distance of 643.84 feet to the northwest corner hereof, Cram which a chain link fence corner post bears N 73° S5' 45" E a distance of 2.13 feet; . TI(MCE with the north line hereof, the followirig described four (4) courses and distances: 1) N 73° 55' 45" E a distance of 492.86 feet to an iron rod found at the aoutheast corner, of Southside Acres, a subdivision of record filed in Cabinet A. Slide 323, Plat Records of Williamson County; 2) N 74° 15' 18" 13 a distance of 58.0.15 feet to an iron rad found at the southwesterly terminus of Mendell Street; • 3) N.'73° 00' 49" E it distance of 61.47 feet to an iron pipe found at the southeasterly tormtnus of Mendell Street, said iron pipe also being the southwest corner of Southside. Acres Unit Two, a subdivision of record filed In Cabinet 8, Slide 40, Plat Records of Williamson County. and: 4) N 73.0 06' 28" I: a distance of 356.87 feet -to an iron rod found at the northeast corner hereof in the west l ine, of U. S. Highway 81, (South bays Street):' RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2018094918 Page 8 of 11 • • �vt 'NONCE with the east line hereof and the west line of said U. S. Highway 8E, the following described three (3) courses and distances: 1) An erc distance of 762.51 feet with a curve to the right, said curve having a central angle of 7° 41'. 32", a radius of 5679.58, tangents of • 381.83 feet. a chord distance of 761.94 feet,° and a chord bearing of S 6° 51' 07" E. to a concrete R/W cronunent: 2) S 3° 26' 43" W a distance of 172.36 feet to a concrete R!W monument. and- 3) S 8° 35' 48" E a distance of 154.21 feet to the southeast corner hereof, from which an Iron rod found bears N 87° 53' 21" E a distance of 0.90 feet. an iron rod found bears S 87° 53' 21" W a distance of 0.80 feet, and a concrete R/W monument bears S 8° 35' 48" E a distance of (6.92 (sett • T xENCE with the south line hereof, the following described three (3) courses and distances: 1 ) S 87° 53' 21" W a distance of 370.84 feet to an iron rod found, said iron rod also being the northwest corner of Stella Subdivision Section Two. a subdivision of record filed in Cabinet C, Slide 23, Plat Records of Williamson County; 2) S 2° 14' 22" E a distance of 169.19 feet to an iron rod found at the southwest corner of said Stella Subdivision in the north line of said Southgate Apartments. Ltd; S) S 77° 15' 31" W a distance of 466:26 feet with the north line of said Southgate Apartcrxnta, Ltd. to the Place of Beginning, containing 30.42 acres of land. subject to easements, conditions or restrictions of record if any. ) ,...,L .rcQ�r Stan Coaltec, RPS. LSIS w: :, RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2018094918 Page 9 of 11 • z • E> I--I l E3 I T A APPENDIX 2 FIELD NOTES • Ag-.TNG a part of the W1L V HARRIS SURVEY, ABSTRACT NO. 290, , WILLIAMSON COUNTY, TEXAS, and being a part of that certain 30 . 47 _cre r_act o a and d--cc..:bcd .. ',led recorded in Volume 2291 at Page �•50, Official Records, Williamson County, and being more particularly described by metes and bounds as follows, to wit: BEGINNING at the northwest corner of said 30.42 acre tract in the east right-of-way line of Interstate Highway No. 35, from which 'a chain link fence corner post bears N 734 55' 45" E a distance of 2.13 feet; • THENCE N 73' 55 ' 45" E a distance of 352.46 feet with the north line of said 30 .42 acre tract to the northeast corner hereof; THENCE crossing said 30.42 acre tract, the following described six (6) courses and distances: 1) S 294 34 ' 41" W a distance of 66.58 feet; 2) S 33. 45 ' 24" W a distance of 52.64 feet; 3) S 21' 46 ' 50" W a distance of 93.72 feet; 4 ) S 28' 20 ' 47" W a distance of 49.99 feet; 5) S 144 56 ' 05" W a distance of 52.39 feet, and; 6) S 17" 25' 55" W a distance of 43.58 feet to a point in the east right-of-way line of said Interstate Highway 35; . THENCE N 40' 06 ' 42" W a distance of 297. 24 feet with the west line of said 30.42 acre tract and the east line of said Interstate Highway . No. 35 to the Place of Beginning, containing 1.03 acres of land, more or less. • COAL & ASSOCIATES, SURVEYORS _i.4'-,&%s7R,;;•. •9k` • -STAN COALTER ► ' ,/// � 1481 ;vier . er� .SES -k e4 Stan Coalter, RPLS, LSLS SUR!; 7-10-93 93011-1-01 2018094918 Page 10 of 11 g41 1'.2 /a I — — T_ r i _' --- -�L ."— �--- r dy7"c+ tea` �� _ �i fit» 9DllT8 w17a 6•tliNdaCll . ?18 IifiliViS_ , I Pat I _ 4 --' ��— 77111 r&1I •1®7111 = i r ' 11.1. 1111117 f — £ STX.;i 5Ilya'E _—�r .` . _ -- 1 r _ — _ : L .e—� L i-- 1 R 1 t . J sacs x ' I \ fl la en ql• e 1, 6 ' • It i 1. — e ! at trite r 11 y',.e a `� e ' 4 e l 1,1 e•t , N711x t, ® s.tZnz 5 i , o _ t E59f1 .t _. \ • l i \ • (II ., } 1 ' \ \ 3 5 y e1 • • 4 J i i \ '8. r. j ° e� \ t 1, \ 1 \ \ \ e \ \ • e •• 1 1 ° \e e r— t e e ^ +! 7 \, p' .�'�•�c gl3]0 3 s t r '. a �.�' I L. e \ is 1 .. \:: _ — r ® �` e� e f ® 9AI a 4, i v `y a ems\ f ® .1;1, .. . ................V/4"--. ....... ." ii 1 11 bb RECCRDERS MEMORANDUM b All or parts of the text on this page was not 4 clearly legible for satisfactory recordation. 2018094918 Page 11 of 11 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2018094918 Pages: 11 Fee: $69.00 10/25/2018 09:56 AM , Nancy E. Rister,County Clerk Williamson County,Texas