O-2019-0031 - 1/24/2019 ORDINANCE NO. 0-2019-0031
AN ORDINANCE AMENDING ORDINANCE NO. Z-05-09-08-10C31
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
SEPTEMBER 8, 20059 BY AMENDING SECTION 11.6 OF THE
DEVELOPMENT PLAN OF PUD NO. 65, APPROVED BY THE CITY
COUNCIL IN SAID ORDINANCE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, on September 8, 2005, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. Z-05-09-08-10C3, which established PUD No. 65, and
WHEREAS, on September 28, 2006, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. G-06-09-28-13C2 (Amendment No. 1), which amended
Section 13 of the Development Plan of PUD No. 65, and
WHEREAS, in 2006, the City and McNeil Retail, Ltd. ("Owner") agreed to a Minor
Amendment (Amendment No. 2), as defined in Section 14.1 of PUD No. 65, such
amendment filed as Document No. 2006080491 with the County Clerk of Williamson
County, Texas, and
WHEREAS, on May 29, 2007, the City and Owner agreed to a Minor
Amendment (Amendment No. 3), as defined in Section 14.1 of PUD No. 65, and
WHEREAS, on May 13, 2010, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-10-05-13-10C1 (Amendment No. 4), which amended Section
11.6 of the Development Plan of PUD No. 65, and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Section 11.6 of the Development Plan of PUD No. 65, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z-05-09-08-10C3 on the 19th
day of December, 2018, following lawful publication of said public hearing, and
01 12 1902;00416139
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that Ordinance No. Z-05-09-08-
1 OC3
-05-09-08-10C3 be amended, and
WHEREAS, on the 24th day of January, 2019, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z-05-09-
08-1 OC3,
-05-09-08-10C3, and
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z-05-09-08-10C3 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 Zoning and Development Code, Chapter 10,
Article I, Section 10-2 and Article IV, Section 10-22, Code of Ordinances (2018 Edition),
City of Round Rock, Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council hereby determines that the proposed amendment to
Planned Unit Development (PUD) District #65 meets the following goals and objectives:
(1) The amendment to P.U.D. #65 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #65 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
2
(3) The amendment to P.U.D. #65 does not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions,
parking, utilities or any other matters affecting the public health, safety and
general welfare.
II.
That Section 11.6. of the Development Plan of PUD No. 65, as approved in
Ordinance No. Z-05-09-08-10C3 and amended in Ordinance No. Z-10-05-13-10C1, is
hereby deleted in its entirety and replaced with a new Section 11.6, which shall read as
follows:
6. PERMITTED USES
6.1 All of the uses in the C-1 (General Commercial) zoning district, with the
exception of those uses listed in Section 7 below, shall be permitted on the
Property.
6.2 The following uses shall be permitted by right, with the conditions stated:
(a) Private Park;
(b) Upper-Story Residential above ground floor retail uses, with a maximum
of two (2) stories above the ground floor.
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
3
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 2-01-day of
�N , 2019.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2019.
READ, APPROVED and ADOPTED on second reading this the day of
, 2019.
CRAIG MOftG ,/Mayor
City of Found R , Texas
ATTEST:
SARA L. WHITE, City Clerk
4
ELECTRONICALLY RECORDED 2019013466
Williamson County, Texas Total Pages: 6
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. 0-2019-0031 which approves amendment No. 5 to the
PUD (Planned Unit Development) No. 65 zoning district for 42.50 acres of land located east of N.
IH 35 on the south side of University Blvd. This ordinance was approved and adopted at a regular
meeting of the City Council held on the 24th day of January 2019 and recorded in the official City
Council Minute Book No, 62.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 14th day of
February 2019.
L Iiirpi
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------'‘"%%% SARA L. WHITE, TRMC, City Clerk
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2019013466 Page 2 of 6
ORDINANCE NO. 0-2019-0031
AN ORDINANCE AMENDING ORDINANCE NO. Z-05-09-08-10C3,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
SEPTEMBER 8, 2005, BY AMENDING SECTION 11.6 OF THE
DEVELOPMENT PLAN OF PUD NO. 65, APPROVED BY THE CITY
COUNCIL IN SAID ORDINANCE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, on September 8, 2005, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. Z-05-09-08-10C3, which established PUD No. 65, and
WHEREAS, on September 28, 2006, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. G-06-09-28-13C2 (Amendment No. 1), which amended
Section 13 of the Development Plan of PUD No. 65, and
WHEREAS, in 2006, the City and McNeil Retail, Ltd. ("Owner") agreed to a Minor
Amendment (Amendment No. 2), as defined in Section 14.1 of PUD No. 65, such
amendment filed as Document No. 2006080491 with the County Clerk of Williamson
County, Texas, and
WHEREAS, on May 29, 2007, the City and Owner agreed to a Minor
Amendment (Amendment No. 3), as defined in Section 14.1 of PUD No. 65, and
WHEREAS, on May 13, 2010, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-10-05-13-10C1 (Amendment No. 4), which amended Section
11.6 of the Development Plan of PUD No. 65, and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Section 11.6 of the Development Plan of PUD No. 65, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z-05-09-08-10C3 on the 19th
day of December, 2018, following lawful publication of said public hearing, and
0112 1902,00A16139
2019013466 Page 3 of 6
WHEREAS, after considering the public testimony received at such hearing, the
Planning and Zoning Commission has recommended that Ordinance No. Z-05-09-08-
1003 be amended, and
WHEREAS, on the 24th day of January, 2019, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z-05-09-
08-1003, and
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z-05-09-08-10C3 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 Zoning and Development Code, Chapter 10,
Article I, Section 10-2 and Article IV, Section 10-22, Code of Ordinances (2018 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:
That the City Council hereby determines that the proposed amendment to
Planned Unit Development (PUD) District #65 meets the following goals and objectives:
(1) The amendment to P.U.D. #65 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #65 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
2
2019013466 Page 4 of 6
(3) The amendment to P.U.D. #65 does not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions,
parking, utilities or any other matters affecting the public health, safety and
general welfare.
II.
That Section 11.6. of the Development Plan of PUD No. 65, as approved in
Ordinance No. Z-05-09-08-10C3 and amended in Ordinance No. Z-10-05-13-10C1, is
hereby deleted in its entirety and replaced with a new Section 11.6, which shall read as
follows:
6. PERMITTED USES
6.1 All of the uses in the C-1 (General Commercial) zoning district, with the
exception of those uses listed in Section 7 below, shall be permitted on the
Property.
6.2 The following uses shall be permitted by right, with the conditions stated:
(a) Private Park;
(b) Upper-Story Residential above ground floor retail uses, with a maximum
of two (2) stories above the ground floor.
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
3
2019013466 Page 5 of 6
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 2-4411-day of
2019
ICI 14 --- , '
Alternative 2.
READ and APPROVED on first reading this the day of
, 2019.
READ, APPROVED and ADOPTED on second reading this the day of
, 2019.
44
Fr
CRAIG 0"G A ayor
City of Round R., , Texas
ATTEST:
Aft
4 '• ' - - 01 P/
SARA L. WHITE, City Clerk
4
2019013466 Page 6 of 6
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2019013466
Pages: 6 Fee: $37.00
02/20/2019 04:26 PM
,
Nancy E. Rister,County Clerk
Williamson County,Texas