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O-2020-0172 - 6/25/2020ORDINANCE NO. 0-2020-0172 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 ORIGINALLY ZONE 7.71 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 120; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City of Round Rock, Texas has recently annexed 7.71 acres of land out of the Memucan Hunt Survey, Abstract No. 314 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 20th day of May, 2020, 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 in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 120, and WHEREAS, on the 25th day of June, 2020, after proper notification, the City Council held a public hearing on the proposed original zoning, and 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 0112.20202; 00448083 Original Zoning Ordinance 7/13 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, Sections 10-20 and 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 has hereby determined the Planned Unit Development (PUD) No. 120 meets the following goals and objectives: (1) The development in PUD No. 120 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 120 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 120 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 120 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 120 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 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", attached hereto and incorporated herein shall be, and is hereafter 2 designated as, Planned Unit Development (PUD) No. 120, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 120 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. 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 JIAV)-f� )2020. Alternative 2. READ and APPROVED on first reading this the day of 2020. 3 READ, APPROVED and ADOPTED on second reading this the day of , 2020. CRAIG M RGA Mayor City of Round Rol, Texas ATTEST: ?UAL, � SARA L. WHITE, City Clerk Page 1 of 3 EXHIBIT A Vermeer Tract Field Notes for 3.892 acres, more or less, out of the Memucan Hunt Survey, Abstract No. 314, Williamson County, Texas, being that 5.011 acre tract recorded in Document No. 9824283, Williamson County Official Public Records (WCOPR), SA VE AND EXCEPT that 1.106 acre tract conveyed to the State of Texas by Deed Recorded in Document No. 2003065330, WCOPR, said 3.892 acres being described by metes and bounds as follows: Beginning at a 1/2" steel pin found at the southeast corner of said 5.011 acres and the southwest corner of a 5.00 acre tract recorded in Book 2335, Page 260, WCOPR, in the north ROW line of Round ville Lane, for the southeast corner hereof, THENCE S 66 degrees 18 minutes 25 seconds W 301.80 feet with the south line of said 5.011 acres and the north ROW line of Roundville Lane to a computed point for the southwest corner of said 5.011 acres and the southeast corner of Lot 1, TXU Substation Subdivision, as recorded in Cabinet T, Slide 98 of the Williamson County Plat Records, for the southwest comer hereof; THENCE N 18 degrees 11 minutes 56 seconds W 576.59 feet with the east line of said Lot 1, passing at 0.85 feet a 1/2" steel pin found, to a mag nail set in a steel lid on a 4'x6' vault on the south ROW of State Highway 45, as described in Document No. 2003065330, WCOPR, for the southwest corner hereof; THENCE, with the south ROW of State Highway 45 the following two courses: 1) N 69 degrees 22 minutes 12 seconds E 85.40 feet to a 1/2" steel pin set with orange cap for angle, 2) N 71 degrees 46 minutes 01 seconds E 214.05 feet to a 1/2" steel pin set with orange cap for the northeast corner hereof, THENCE S 18 degrees 18 minutes 25 seconds E 551.45 feet with the west line of said 5.00 acres and east line of said 5.011 acres to the POINT OF BEGINNING, containing 3.892 acres of land, more or less. Bearing basis is the west line of said 5.011 acre tract. Page 2 of 3 EXHIBIT A Bobcat Tract FIELD NOTES FOR S.82 ACRES OF.LA14D OUT OF'RiE A1EtUCAN HUNT SURVEY, ABSTRACT 314, IN t4ILLiAMSON COUNTY, TEXAS, BEING A. 5.00-.ACRE TRACT CONVEYED TO Pot PARTNERSHIP BY DEED RECORDED IN 800K 2335� 'PAGE 260,_ WILL IA WN COUNTY OFFICIAL PIJBLIC RECORDS, SAVE AND EXCEPT A •1.181-AGRE TRACT (PARCEL 209)'CONVEYED TO STATE OF TEXAS SY DEED RECORDED IN DOCUh1ENT FiO, 2003051695, SAID 3.82 ACRES•.BEING DESCRIBED BY METES Mb BOUNDS AS FOLLO(VS' SEGINNING 6t a.1/2 steel pin found at.the southwest corner of said 5.00 acres, also the. southeast. corner of a 5:011: acre tract conveyed to Vermeer• Equipment of Texas inc-- icy deed,recorded,in,documeni No. 2010056248, Williamson County Official Public. Records, '(MXOPR), being. also -the iit the north'right -of-tray (Ravi) line of 0bundd1119 Laie;'for the soutfnvest corner hereof; THENCE N18°15128-W 551.36 feet with iha mutual line of said 5.00 acres and 5.011 acres, generally follokng a fence, ta-a V1, steel pin found.with a broken cap at the southwest corner of said 1.1b'1 acres, for thi northwest corner tiereet; THENCE with the south line of said 1.181 acres these courses: 1) N7.1°48"01"E 242:91-feetwith the south line 'of said 1:18i acres to a.TXDOT brass disc fCUq, in concrete for an la; 2) N70`43.''! ''E 78.01 feet to a,'z°..steel'; pin with cap found at the southeast corner of. said.. �1:j81 acres, also th * norttnrest corner of' a: 1.911 acre tract conveyed to Daugherty Family 40gistered Limited' Partnership a1, for the northeast corner hereof; THENCE .S1e*02127"E 424.61 feet with the east .line of said 6.00 acres, generally follaiving a fence, ,tb` a:$". steel pin found at the- southwest corner of a'1.00 acre tract conveyed to Texas;'. and Maria Flenilten by deed, recorded in Book 159d, Page 309,'. NCOPA, said pin also. being -'in the north ROW line of Roundville Lane, for the southeast yorner Hereof; THENCE Jti.th- 'fhe north' RO%Y line of Roundville Lane and south line of. said 5.00 acres; Oenerally.foilowing a. fence, these 2'courses: 1) S27°20'30°W_ 158:01 'feet to. a' }" steel ,pin 'found for angle,. 2) S56 54'12"1Y`-207.14 feet to the POINT OF .BEGINNING, containing 3.82 acres of .'and; more or•aess_ V L � N M O m .a 7 cam d N O \� v cagy � � ~ L L ■ 0 0 CO H LM v E M = co L. 0 > w O 3 EXHIBIT „ B„ VERMEER & BOBCAT TRACTS PLANNED UNIT DEVELOPMENT NO. 120 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this Plan, the term Owner shall mean EMPLOYEE -OWNED COMPANIES; as its respective interests may appear in the respective portions of the hereinafter described property; and its respective successors and designated assigns. Upon sale, transfer or conveyance of portions of the hereinafter described property by a respective Owner to a designated third party owner/developer, the duties and obligations of the respective Owner, as it relates to the respective property being sold, shall be assigned to and assumed by the new owner/developer, and upon such sale and assignments of the duties and obligations hereunder, the respective Owner shall have no further liability relating to the respective property so sold and conveyed. WHEREAS, the Owner is the owner of certain real property consisting of 7.71 acres, as more particularly described in Exhibit "A" (Legal Description), (herein after referred to as the "Property") attached hereto and made a part hereof, and WHEREAS, the City and the Owner entered into a Development Agreement concerning the property on May 10, 2018; and WHEREAS, the Owner has submitted a request to the City to zone the Property as a Planned Unit Development (the "PUD"); and WHEREAS, pursuant to Part III, Section 10-22 of the Code of Ordinances of the City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on May 20, 2020 the City's Planning and Zoning Commission recommended approval of the Owner's application for PUD zoning; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: 1 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Part II, Section 1-9, Code of Ordinances, City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1. Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2. Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3. Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the City of Round Rock Code of Ordinances, as amended, hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 7.71 acres of land, located within the City of Round Rock, Texas, and more particularly described in Exhibit "A" as the 3.89 acre `Vermeer Tract' and the 3.82 acre `Bobcat Tract'. 3. PURPOSE The purpose of this Plan is to ensure a PUD that: 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4. APPLICABILITY OF CITY ORDINANCES 4.1. Zoning Ordinance All aspects not specifically covered by this Plan shall be regulated by the I (Industrial) zoning district, as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2. Other Ordinances All other Ordinances within the Code, as applicable and as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 5. PROJECT OVERVIEW 5.1. Permitted Uses (1) Heavy Equipment and Large Vehicle Sales and Leasing; (2) Large Vehicle and Equipment Repair. 6. DEVELOPMENT STANDARDS 6.1. Outdoor Display Display of heavy equipment is allowed outside in front of the building(s), between the face of the building and the street. No fencing shall be required for display located more than 10 feet from the wall of the principal building. 6.2. Site Layout and Buildings (1) The buildings, structures and site improvements, as represented on Exhibit "B", for the Vermeer Tract, conform to the standards of the I (Industrial) zoning district and shall continue to be regulated by those standards. (2) The buildings, structures and site improvements, as represented on Exhibit "B", for the Bobcat Tract, conform to the standards of the I (Industrial) zoning district and shall continue to be regulated by those standards, in addition to the following: (a)The front facade of the building shall be constructed with one hundred percent (100%) masonry, as defined in Section 46-5 of the Code; (b)The service bays near the rear of the building shall be screened from public view by: i. the configuration of the building; ii. a retaining wall(s); and/or iii. wing wall(s) on either side of the front facade. (c) Landscaping shall be installed in the front street yard, along the State Highway 45 frontage, pursuant to the Code; (d) A retaining wall with landscaping shall also be constructed along the frontage along Roundville Lane. 7. CHANGES TO DEVELOPMENT PLAN 7.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing by the Director of Planning and Development Services and the City Attorney. 7.2. Major Changes All changes not permitted above shall be resubmitted following the same procedure required by the original PUD application. 4 LIST OF EXHIBITS Exhibit "A" Property Description Exhibit "B" Site Layout Page 1 of 3 EXHIBIT A Vermeer Tract Field Notes for 3.892 acres, more or less, out of the Memucan Hunt Survey, Abstract No. 314, Williamson County, Texas, being that 5.011 acre tract recorded in Document No. 9824283, Williamson County Official Public Records (WCOPR), SA VE AND EXCEPT that 1.106 acre tract conveyed to the State of Texas by Deed Recorded in Document No. 2003065330, WCOPR, said 3.892 acres being described by metes and bounds as follows: Beginning at a 1/2" steel pin found at the southeast corner of said 5.011 acres and the southwest corner of a 5.00 acre tract recorded in Book 2335, Page 260, WCOPR, in the north ROW line of Round ville Lane, for the southeast corner hereof; THENCE S 66 degrees 18 minutes 25 seconds W 301.80 feet with the south line of said 5.011 acres and the north ROW line of Roundville Lane to a computed point for the southwest corner of said 5.011 acres and the southeast corner of Lot 1, TXU Substation Subdivision, as recorded in Cabinet T, Slide 98 of the Williamson County Plat Records, for the southwest corner hereof; THENCE N 18 degrees 11 minutes 56 seconds W 576.59 feet with the east line of said Lot 1, passing at 0.85 feet a 1/2" steel pin found, to a mag nail set in a steel lid on a 4'x6' vault on the south ROW of State Highway 45, as described in Document No. 2003065330, WCOPR, for the southwest corner hereof; THENCE, with the south ROW of State Highway 45 the following two courses: 1) N 69 degrees 22 minutes 12 seconds E 85.40 feet to a 1/2" steel pin set with orange cap for angle, 2) N 71 degrees 46 minutes 01 seconds E 214.05 feet to a 1/2" steel pin set with orange cap for the northeast corner hereof; THENCE S 18 degrees 18 minutes 25 seconds E 551.45 feet with the west line of said 5.00 acres and east line of said 5.011 acres to the POINT OF BEGINNING, containing 3.892 acres of land, more or less. Bearing basis is the west line of said 5.011 acre tract. Page 2 of 3 EXHIBIT A Bobcat Tract FIELD NOTES FOR 3.82 ACRES OF LAND OUT OF; 14 M0-i1CJU1 HUNT SURVEY, ABSTRACT 314, IN wiLLIAMSON COUNTY, TEXAS, BEING A 5.00.ACRE TRACT CONVEYED TO qIG PARTNERSHIP BY DEED RECORDED' IN BOOK 2335', 'PAGE 260,- WILLIPi4bF1 COUNTY OFFICTA.L PUBLIC RECORDS, SAVE AND EXCEPT A •1.181•ACAE MGT (PARCEL 203J'CONVEYED TO STATE OF TEXAS BY DEEP* RECORDEO.IN. 000UMEMT 90. 2063651695, SAID 3.82 ACRES•:BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:' BEGINNING 'at = •1)2", steel pin found at . the southwest corner of said 5.00 acres, also the, southea, ast, cornerof a 5:bil: acre tract conveydd to. Vermeer: Epuipment'of Texas inc. .try, deed .reeordid:in Document No. 2010066248, Williamson County Official Pubiac.Records, :(N�OPRJ, being, also -the in* the north'rioht-of-Tray (ROW) line of 0bunddillo Lane; *Tor the southwest corner hereof; THENCE NiB°1512a-w 551.36 feet with the mutual tine of said 5.bo acres and 5.011 acres, generally following a fencer ta,-a. 7"' steel, pip found with a broken cap at the southwest corner of said 1,.181 acres, for thi northwest corner hereof; THENCE with the south line of said 1.181 acres these 2 courses: 1) N7.1°4Q"U1"E 242:91'feet. with the south line bf`said 1:181 acres to. a.TXDOT brass disc.�f3'5ound in concrete -foC an§ia; 2J, N70°4O"E. 78.07 feet io a.:�,".'steel; pij. with cap found at the.-ioutheist.corner of. said..`1081 -acres, also the:•.no."ritiivest. comea r -of , 1.911 acre tract coriueyad to Daugherty Family Registered Limited. dib'ilify Partnership 91,_for ifia northeast corder hereof; " 1HENCE .S1a'02127"E 424.tl feet with the east .line of .said 5.00 acres, generally follax_in9 a fence,' AV: a: $' steel pih found'at fhe* southwest corner of a.'1.00 acre tract conveyed to Texas',artd tAaria Flenilten':bk deed recorded; id Book 1590, Page 309,^. t1COPA, said pin also. being.:in th_e ndkh now line of RoundviiLle Lane, for the southeast gorhir hereof; THENCE :wi.th- *the Borth' ROW line of Roundville Lane 'and south line of said 5.00 acres; Qenerally following a..,fence, these 2:cdurses: 1,) S27°20'3041. 15&01: feet'ta: a V. .feel pin .'found for angle, 2) Sd 54- 12.4Y 07.14 feet to the POINT OF .BEGINNING, containing 3.82 acres of }.and; more or:less. L V N 00 O M m 7 cad 0� N , i i v � � ti ti � L L ■ �■■� L. 00 E w O 3 fal ti\ CD L N W u 0 6 0 GUl m° p� 2 Z F W iy u w ag W QZ t � i 3o >a Io0 90 i gx way i� W —4 5 ELECTRONICALLY RECORDED 2020077843 Williamson County, Texas Total Pages: 18 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. 0-2020-0172 which zones a 7.71-acre tract of land to Planned Unit Development(PUD) No. 120. This ordinance was approved and adopted at a regular meeting held by the City Council on the 25' day of June 2020 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 14' day of July 2020. SARA L. WHITE, TRMC, City Clerk ice « « •• 2020077843 Page 2 of 18 ORDINANCE NO. 0-2020-0172 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 ORIGINALLY ZONE 7.71 ACRES OF LAND OUT OF THE MEMUCAN HUNT SURVEY, ABSTRACT NO. 314, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 120; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. WHEREAS, the City of Round Rock, Texas has recently annexed 7.71 acres of land out of the Memucan Hunt Survey, Abstract No. 314 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 20th day of May, 2020, 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 in Exhibit "A" be originally zoned as Planned Unit Development (PUD) No. 120, and WHEREAS, on the 25th day of June, 2020, after proper notification, the City Council held a public hearing on the proposed original zoning, and 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 011220202,00448083 Original Zoning Ordinance 7/13 2020077843 Page 3 of 18 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, Sections 10-20 and 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 has hereby determined the Planned Unit Development (PUD) No. 120 meets the following goals and objectives: (1) The development in PUD No. 120 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 120 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 120 does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. (4) P.U.D. No. 120 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) P.U.D. No. 120 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 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", attached hereto and incorporated herein shall be, and is hereafter 2 2020077843 Page 4 of 18 designated as, Planned Unit Development (PUD) No. 120, and that the Mayor is hereby authorized and directed to enter into the Development Plan for PUD No. 120 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. 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. y� READ, PASSED, and ADOPTED on first reading this `J- day of 1-tit , 2020. Alternative 2. READ and APPROVED on first reading this the day of , 2020. 3 2020077843 Page 5 of 18 READ, APPROVED and ADOPTED on second reading this the day of , 2020. CRAIG M RGA Mayor City of Round Ro k, Texas ATTEST: SARA L. WHITE, City Clerk 4 2020077843 Page 6 of 18 Page 1 of 3 EXHIBIT A Vermeer Tract Field Notes for 3.892 acres, more or less, out of the Memucan Hunt Survey, Abstract No. 314, Williamson County, Texas, being that 5.011 acre tract recorded in Document No. 9824283, Williamson County Official Public Records (WCOPR), SA VE AND EXCEPT that 1.106 acre tract conveyed to the State of Texas by Deed Recorded in Document No. 2003065330, WCOPR, said 3.892 acres being described by metes and bounds as follows: Beginning at a 1/2" steel pin found at the southeast corner of said 5.011 acres and the southwest corner of a 5.00 acre tract recorded in Book 2335, Page 260, WCOPR, in the north ROW line of Round ville Lane,for the southeast corner hereof; THENCE S 66 degrees 18 minutes 25 seconds W 301.80 feet with the south line of said 5.011 acres and the north ROW line of Roundville Lane to a computed point for the southwest corner of said 5.011 acres and the southeast corner of Lot 1, TXU Substation Subdivision, as recorded in Cabinet T, Slide 98 of the Williamson County Plat Records, for the southwest corner hereof; THENCE N 18 degrees 11 minutes 56 seconds W 576.59 feet with the east line of said Lot 1, passing at 0.85 feet a 1/2" steel pin found, to a mag nail set in a steel lid on a 4'x6' vault on the south ROW of State Highway 45, as described in Document No. 2003065330,WCOPR, for the southwest corner hereof; THENCE, with the south ROW of State Highway 45 the following two courses: 1) N 69 degrees 22 minutes 12 seconds E 85.40 feet to a 1/2" steel pin set with orange cap for angle, 2) N 71 degrees 46 minutes 01 seconds E 214.05 feet to a 1/2" steel pin set with orange cap for the northeast corner hereof; THENCE S 18 degrees 18 minutes 25 seconds E 551.45 feet with the west line of said 5.00 acres and east line of said 5.011 acres to the POINT OF BEGINNING, containing 3.892 acres of land, more or less. Bearing basis is the west line of said 5.011 acre tract. 2020077843 Page 7 of 18 Page 2 of 3 EXHIBIT A Bobcat Tract FIELD NOTES FOR 3..82 ACRES OF LAND OUT OPTHE MELUCAN HUNT SURVEY, ABSTRACT 314, IN WILLIAISSON COUNTY, TEXAS, BEING A. 5.00;.ACRE TRACT CONVEYED TO CWC PART11ER9IIP BY DEED RECORDED IN BOOK 2333' 'PAGE. 260,_ WILLIALOt1 COUNTY OFFICIAL PUBLIC RECOROS, SAVE AND EXCEPT A'1.181•ACRE TRACT (PARCEL 203y CONVEYED TO STATE OF TEXAS BY DEEM RECOHDED IN DOCUMENT N0, 2003651695, SAID 3.82 ACRES•:BEING DESCRIBED SY METES ANO BOUNDS AS FOLLOWSi BEGINNING at a 1/24• steel pin found at.the southwest corner of said 5.00 acres, also the.southeast corner of a 5:011:acre tract conveyed to. Vermeer Equipment of Texas inc: by deed,recorded,in,Document No. 2010068248, Vlilliamson County Official Public'.Records, '0.COPR), being_also 'the in the north'rioht•of-tray (ROW) line of ebundVille Lane; for the soutln'vest corner hereof; • THENCE N18°15'28"W 551.36 feet with the mutual line of said 5.00 acres and 5.011 acres, generally Iollo*i.ng•a fence, toi-a -'' steel, pin found.with a broken cap at the southwest corner of said 1.181 acres, for the northwest corner hereof; THENCE with the south line of said 1.181 acres these'2 courses: 1) Nil°4601"EL 242:91'fleet.writh the south line of:said 1:181 acres to d,T.07 braes disc found in concrete for an9ia . 2) N7O740''SO E. 78.O1 feet to a.:)i".steel;pin with cap found at the-southeast corner Of said,`1:.181•acres, also the::northwest corner °01' a,1.911 acre tract corresyed to Daugherty Family Registered Limited. Liability Pahtnership a1, for the northeast corner hereof; •THENCE .S18°02'27.E 424.61 feet with the east.line of said 5.00 acres, generally following a fence, ,t6`.a:ti' steel pin found at the, southwest corner of a'1.00 acre tract conveyed to Texas;'and Maria Fleniken by deed;recorded in Book 1590, Page 309, . AOOPR, said pin also, being-:in the 'north ROIV line of Roundville Lane, for the southeast goroer hereof; THENCE .wi.th.'fhe north' ROW line of Roundville Lane and south line of said 5.00 acres, generally following a.fence, these 2 courses: 1) S27°20'30"19158:01•'feet to a'ie steel,pin found for angle, 2) S86 5A+12"W 207.14 feet-to the POINT OF .BEGINNING, containing 3.82 acres of land; more orless_ • RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2626677843 Page 8 of 18 M �/ w 1 CO M � V bA e0 ♦V 04 V � O M i .3 i P 7 Volo • • y F 5 w w t ■ fir, 1.1 �'ate"� •�'. 00 ■ .Ld � :—. 0021. c ci int i i ‘ds 1°'°1-O \ s. II Li. ,rt. 4 -‘-- -- . Cti E . of) I o co 4.. \ 1 > EXHIBIT j 2020077843 Page 9 of 18 „B„ VERMEER& BOBCAT TRACTS PLANNED UNIT DEVELOPMENT NO. 120 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS DEVELOPMENT PLAN(this"Plan")is adopted and approved by the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as the"City"). For purposes of this Plan,the term Owner shall mean EMPLOYEE-OWNED COMPANIES; as its respective interests may appear in the respective portions of the hereinafter described property; and its respective successors and designated assigns. Upon sale, transfer or conveyance of portions of the hereinafter described property by a respective Owner to a designated third party owner/developer, the duties and obligations of the respective Owner, as it relates to the respective property being sold, shall be assigned to and assumed by the new owner/developer, and upon such sale and assignments of the duties and obligations hereunder, the respective Owner shall have no further liability relating to the respective property so sold and conveyed. WHEREAS, the Owner is the owner of certain real property consisting of 7.71 acres, as more particularly described in Exhibit "A" (Legal Description), (herein after referred to as the "Property") attached hereto and made a part hereof; and WHEREAS, the City and the Owner entered into a Development Agreement concerning the property on May 10, 2018; and WHEREAS,the Owner has submitted a request to the City to zone the Property as a Planned Unit Development(the "PUD"); and WHEREAS, pursuant to Part III, Section 10-22 of the Code of Ordinances of the City of Round Rock, Texas, the Owner has submitted Development Standards setting forth the development conditions and requirements within the PUD, which Development Standards are contained in Section II of this Plan; and WHEREAS, the City has held two public hearings required by law to solicit input from all interested citizens and affected parties; and WHEREAS, on May 20, 2020 the City's Planning and Zoning Commission recommended approval of the Owner's application for PUD zoning; and WHEREAS, the City Council has reviewed the proposed Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE: 1 2020077843 Page 10 of 18 I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT STANDARDS That all uses and development within the Property shall conform to the Development Standards included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Plan unless all provisions pertaining to changes or modifications as stated in Section II. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Plan shall be subject to any and all penalties for the violation of any zoning ordinance provisions as stated in Part II, Section 1-9, Code of Ordinances, City of Round Rock, Texas, as amended. 4. MISCELLANEOUS PROVISIONS 4.1. Severability In case one or more provisions contained of this Plan are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Plan and in such event, this Plan shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Plan. 4.2. Venue All obligations of the Plan are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 4.3. Effective Date This Plan shall be effective from and after the date of approval by the City Council. 2 2020077843 Page 11 of 18 II. DEVELOPMENT STANDARDS 1. DEFINITIONS Words and terms used herein shall have their usual force and meaning, or as defined in the City of Round Rock Code of Ordinances, as amended,hereinafter referred to as "the Code." 2. PROPERTY This Plan covers approximately 7.71 acres of land, located within the City of Round Rock, Texas, and more particularly described in Exhibit"A" as the 3.89 acre `Vermeer Tract' and the 3.82 acre `Bobcat Tract'. 3. PURPOSE The purpose of this Plan is to ensure a PUD that: 1) is equal to, superior than and/or more consistent than that which would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, as amended, 3) does not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as not to dominate,by scale or massing of structures, the immediate neighboring properties or interfere with their development or use. 4. APPLICABILITY OF CITY ORDINANCES 4.1. Zoning Ordinance All aspects not specifically covered by this Plan shall be regulated by the I (Industrial) zoning district, as amended. If there is a conflict between this Plan and the Code, this Plan shall supersede the specific conflicting provisions of the Code. 4.2. Other Ordinances All other Ordinances within the Code, as applicable and as amended, shall apply to the Property, except as clearly modified by this Plan. In the event of a conflict, the terms of this Plan shall control. 5. PROJECT OVERVIEW 5.1. Permitted Uses (1) Heavy Equipment and Large Vehicle Sales and Leasing; (2) Large Vehicle and Equipment Repair. 3 2020077843 Page 12 of 18 6. DEVELOPMENT STANDARDS 6.1. Outdoor Display Display of heavy equipment is allowed outside in front of the building(s),between the face of the building and the street. No fencing shall be required for display located more than 10 feet from the wall of the principal building. 6.2. Site Layout and Buildings (1) The buildings, structures and site improvements, as represented on Exhibit"B", for the Vermeer Tract, conform to the standards of the I (Industrial) zoning district and shall continue to be regulated by those standards. (2)The buildings, structures and site improvements, as represented on Exhibit "B", for the Bobcat Tract, conform to the standards of the I (Industrial) zoning district and shall continue to be regulated by those standards, in addition to the following: (a)The front facade of the building shall be constructed with one hundred percent(100%)masonry, as defined in Section 46-5 of the Code; (b)The service bays near the rear of the building shall be screened from public view by: i. the configuration of the building; ii. a retaining wall(s); and/or iii. wing wall(s)on either side of the front facade. (c) Landscaping shall be installed in the front street yard, along the State Highway 45 frontage,pursuant to the Code; (d) A retaining wall with landscaping shall also be constructed along the frontage along Roundville Lane. 7. CHANGES TO DEVELOPMENT PLAN 7.1. Minor Changes Minor changes to this Plan which do not substantially and adversely change this Plan may be approved administratively, if approved in writing by the Director of Planning and Development Services and the City Attorney. 7.2. Major Changes All changes not permitted above shall be resubmitted following the same procedure required by the original PUD application. 4 2020077843 Page 13 of 18 LIST OF EXHIBITS Exhibit"A" Property Description Exhibit"B" Site Layout 5 2020077843 Page 14 of 18 Page 1 of 3 EXHIBIT A Vermeer Tract Field Notes for 3.892 acres, more or less, out of the Memucan Hunt Survey, Abstract No. 314, Williamson County, Texas, being that 5.011 acre tract recorded in Document No. 9824283, Williamson County Official Public Records (WCOPR), SA VE AND EXCEPT that 1.106 acre tract conveyed to the State of Texas by Deed Recorded in Document No. 2003065330, WCOPR, said 3.892 acres being described by metes and bounds as follows: Beginning at a 1/2" steel pin found at the southeast corner of said 5.011 acres and the southwest corner of a 5.00 acre tract recorded in Book 2335, Page 260, WCOPR, in the north ROW line of Round ville Lane,for the southeast corner hereof; THENCE S 66 degrees 18 minutes 25 seconds W 301.80 feet with the south line of said 5.011 acres and the north ROW line of Roundville Lane to a computed point for the southwest corner of said 5.011 acres and the southeast corner of Lot 1, TXU Substation Subdivision, as recorded in Cabinet T, Slide 98 of the Williamson County Plat Records, for the southwest corner hereof; THENCE N 18 degrees 11 minutes 56 seconds W 576.59 feet with the east line of said Lot 1, passing at 0.85 feet a 1/2" steel pin found, to a mag nail set in a steel lid on a 4'x6' vault on the south ROW of State Highway 45, as described in Document No. 2003065330,WCOPR, for the southwest corner hereof; THENCE, with the south ROW of State Highway 45 the following two courses: 1) N 69 degrees 22 minutes 12 seconds E 85.40 feet to a 1/2" steel pin set with orange cap for angle, 2) N 71 degrees 46 minutes 01 seconds E 214.05 feet to a 1/2" steel pin set with orange cap for the northeast corner hereof; THENCE S 18 degrees 18 minutes 25 seconds E 551.45 feet with the west line of said 5.00 acres and east line of said 5.011 acres to the POINT OF BEGINNING, containing 3.892 acres of land, more or less. Bearing basis is the west line of said 5.011 acre tract. 2020077843 Page 15 of 18 Page 2 of 3 EXHIBIT A Bobcat Tract FIELD NOTES FOR 3.82 ACRES OF LAND OUT OF-THE MELUCAN HUNT SURVEY, ABSTRACT 314, IN WILLIAJSON COUNTY, TEXAS, BEING A 5.00..ACRE TRACT CONVEYED TO CWC PARTItEASHIP BY DEED RECORDED'IN BOOK 2335, PAGE 260,. vaLLrAmOi's,pitttry OFFICIAL PUBLIC RECORDS, SAVE AND EXCEPT A 1.181 ACRE TRACT (PARCEL 203)'CONVEYED TO STATE OF TEXAS BY DEED, RECORDED IN DOCUMENT NO, 2003051695, SAID 3.82 ACRES.:BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a,1/2". steel pin found at.the southwest corner of said 5.00 acres, also the.southeast. corner of a 5:011:acre tract conveyed to. Vermeer Equipment of ' Texas Inc by,deed.rbcorded,in Docutent No 2010066248, Williamson County Official PubLic.Reoords (NA;OPR), being,also -the in the north rioht-of-vas (ROW) lire of Rbundvilla Lane; for the southwest corner hereof,; THENCE N18°15'28"W 551.36 feet with the mutual line of said 5.OD sores and 5.011 acres, generally following a fence, to a V". steel pin found with a broken cap et tho southwest corner of said 1..181'acres, for thi'northwestcorner hereof; THENCE with the south line of said 1.181 acres these 2 courses: 1) N7.1°46'01"E242:91'teat with the south line Of _said 1:181 acres to e,TXDDT brass disd found in concrete -or angle; 2) N7O°43t.50E. 78.01 feet to a.;'a" 'steel:pip.with cap found at the..sautheast.corner Of. said,1 181 acres, also the:.northwest.corner Of 4.1.811 acre tract conveyed to Daugherty Family Registered Limited, Liability Partnership #1, for the 'northeast corner hereof; THENCE .S18°02'27"E 424.61 feet with the east.line of .said 5.00 acres, generally following a fence; to WV steel pin.founO at'the' southwest corner of a 1.09 acre tract conveyed to Texas`.and Maria Flaniken:by deed.recorded;id Book 1690, Page a09',-. 8OOPA, said pin" als& beingr,in the north ROW line of Roundviile Lane, for the southeast corner hereof.; THENCE :with- fhe north' ROW line of Roundeille Lane -and south line of said 5.00 acres; generally following a.,,fence, these 2.courses: 1) S27°20'30"W..15a,01:'feet•ta:a 7 steel pin.found for angle, 2) S86'54'12"19:'207.19 feet-to the POINT OF .BEGINNING, Containing 3.82 acres of ,land; more or:less. RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation 2626677843 Page 16 of 18 0 v W en n es ta • a � CU N V • O M Y CO k 7 illh'. q • R 3 . i ■ .. p Y \ l'sf ..„. T ti. ' 1 tiYw O O Cm) No 1.10 L.• ~ L • roc Inn 74,,t .\ II as Vor coCU CO z _�— � 0 I-- 2020077843 Page 17 of 18 w o w O p w Aj 2 pF W Q W W v1 p W u N 2 a zuy32 oaLLa o o > b Z °ir orw pO ¢,,,.a w y w . i wo P : H m UWa p'¢r, �ww wowzill oo .,,_,- a W -Ys ug1pv,i0 Jo " z.J41 �w rca , f 3 2AW.,,ob, W,,UrU 4�3,,or2 0 n 2<N Q b? a s w $ w 8I w g S S' a S s 8 a $ & s _ V O O i i tt.c.E i o r \, V ` X a ti 1� 5' CO 1` +►i ,, 1 \ Wes` illr a eit 4A 0 .1rr1 \',. . e j , s It ti + - - �`�. T9B ram _ •Q t ��eF� pLL oeillpir1,••• 044111111C •' ' .• 11 j ' a 1,. _ \ 3 Y.t ,�J ��` 00 i g 0 r. /\ t V rC C � Vi�� _ Fob , ei e cl g w n ,� Ja_ ti yf ^ it r .. \\\ L �j a) ERECORDERS MEMORANDUM a +.M orpartn oftho t :t on this p ago ':da5 not -1,-,r1 I,g I I,-for ati faotory r,- tilt 2020077843 Page 18 of 18 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2020077843 Pages: 18 Fee: $97.00 07/14/2020 10:55 AM �AS E Of P11 `V • � tir Nancy E. Rister,County Clerk Williamson County,Texas