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O-2019-0278 - 6/27/2019 ORDINANCE NO. 0-2019-0278 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 4.62 ACRES OF LAND, OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422 IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT OF-1 (GENERAL OFFICE) TO DISTRICT LI (LIGHT INDUSTRIAL); 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 4.62 acres of land, out of the Robert McNutt Survey, Abstract No. 422, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District OF-1 (General Office) to District LI (Light Industrial), 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 1st day of May, 2019, 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 LI (Light Industrial), and WHEREAS, on the 27th day of June, 2019, after proper notification, the City Council held a public hearing on the requested amendment, and 0112.1 902;00426024 Rev.10/18 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 LI (Light Industrial); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the permitted uses in District LI (Light Industrial). 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, 2 Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District LI (Light Industrial). 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 ILA A 0 ) 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. 3 & m z CRAIG MOR AN, Mor City of Round Rock, Vexas ATTEST: IMA SARA L. WHITE, City Clerk 4 EXHIBIT "A' BEING a 5.0 acre tract of land situated in the Robert McNutt Survey, Abstract No. 422, Williamson County, Texas, and being a part of that certain 151.11 acre tract of land conveyed by deed to Chester Madsen by Roland Melge, as recorded in Volume 434, Page 176 of the Deed Records of said Williamson County, Texas. Surveyed on the ground in the month of January, 1977, by R. T. Magness, Jr. , Registered Professional Engineer, and being more particularly described as follows: BEGINNING at an iron pin set by existing corner post in the East line of County Road No. 122 marking the S. W. corner of said Madsen 161. 11 acre tract, for the S. W. corner hereof; THENCE North, 158.16 feet with said East line of County Road No. 122 to an iron pin set for the N. W. corner hereof; THENCE N 890 351 E, 1385.55 feet to an iron pin set for the N. E. corner hereof; THENCE South, 154.97 feet to an iron pin set in the South line of said Madsen 161. 1.1 acre tract for the S. E. corner hereof; THENCE, with said South line, S 891, 221 W, 834.75 feet to an iron pin set for a corner hereof; THENCE, continuing along said South line, S 890 35' W, 550.83 feet to the Place of BEGINNING and containing 5.00 acres of land. ,SAVE AtJD EXCEPT the .383 acre tract of land previously conveyed to Round Rock Alcoholic Foundation and .more particularly described as "Tract Al' in Exhibit "A" attached hereto and made a part hereof for all purposes. Page 1 of 3 FIELD NOTES OF A 0.383 AURE "TRACT All FIELD NOTES describing d 0.3113 acre tract or parcel of land out of the Robert McNutt Survey, Abstract No. 422, situated in Williamson County, Texas, being a portion of that certain 5.00 acres conveyed to Thomas S. Higgs by deed recorded in Volume 806, Page 673 of neud Records of said County and being more particu- larly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found in the fenced East right-of-way line of County Road No. 12?, being the Northwest corner of the Edward Johnson tract recorded in Volune 4116, Nage 456 of said Oeed Records and the Southwest corner of said 5.00 acres; thence along the fenced South line of said 5.00 acres, N89*35'E, 154.97 feet to an iron pin set, being the Southwest corner and POINT OF BEGINNING of the hereinafter described "TRACT A"; THENCE Tong the Test line hereof, N00'08'W, 70.14 feet to an iron pin set, for the Northwest corner hereof; THENCE along the North line hereof, N89'521E, 239.93 feet to an iron pin set, for the Northeast corner hereof; THENCE along the East line hereof, S00"081E, 68.96 feet to an iron pin set in the South line of said 5.00 acres, for the Southeast corner hereof; THENCE along the South line of said 5.00 acres, for the South -line hereof, 589435% 239.94 feet to the POINT OF BEGINNING of the herein described tract of land containing 0.383 acre or 16,608 square feet of land more or less. 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