O-2020-0268 - 9/24/2020 ORDINANCE NO. 0-2020-0268
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 46.28 ACRES OF
LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM SF-2 (SINGLE-
FAMILY — STANDARD LOT) ZONING DISTRICT TO PUD (PLANNED
UNIT DEVELOPMENT) NO. 122 ZONING DISTRICT; 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 46.28 acres of land, out
of the Wiley Harris Survey, Abstract No. 298, in Round Rock, Williamson County,
Texas, being more fully described in Exhibit "A" attached hereto, from SF-2 (Single-
Family — Standard Lot) zoning district to Planned Unit Development (PUD) No. 122
zoning district, 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 19th day of August, 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 zoning classification of the property described in Exhibit "A" be
changed to PUD No. 122, and
0812.20202;(70454788
WHEREAS, on the 24th day of September, 2020, after proper notification, the
City Council held a public hearing on the requested amendment, 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
WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter
A., Texas Local Government Code, and Zoning and Development Code, Chapter 2,
Article 1, Section 2-2 and Chapter 10, Article 1, Section 10-2 and, 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. 122 meets the following goals and objectives:
(1) The development in PUD No. 122 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) P.U.D. No. 122 is in harmony with the general purposes, goals, objectives
and standards of the General Plan.
(3) P.U.D. No. 122 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. 122 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. 122 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.
2
11.
That the Official Zoning Map adopted in Zoning and Development Code, Chapter
2, Article 1, 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
designated as, Planned Unit Development (PUD) No. 122, and that the Mayor is hereby
authorized and directed to enter into the Development Plan for PUD No. 122 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 Resolution was adopted was
posted and that such meeting was open to the public as required by law at all times
during which this Resolution 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.
3
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
2020.
Alternative 2.
READ and APPROVED on first reading this the day of
' 2020.
READ, APPROVED and ADOPTED on second reading this the day of
12020.
CRAIG OR N, Mayor
City o
C v 0 0f Roun ckjexas
ATTEST:
MEAGAN OINKS, 6epu-ty- City 6lerk
EXHIBIT
"All
10
DEVELOPMENT PLAN
HENNA FAMILY TRACT
PLANNED tJNI'IF DEVELOPMENTNO. 122
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
'THIS DEVELOPMENT PLAN ('this"Plan") is made and entered by and between the CITY OF ROUND
ROCK,TEXAS, a Texas municipal corporation,having its offices at 221 East Main Street, Round Rock,
Texas 78664(hereiriafter referred to is the "City", and Louis I Glenna,Jr., his successors and assigns,having
offices at 8805 M-35,Austin,Texas 78753 (hereinafter referred to as the"Owner").
WHEREAS, the Owner is the owner of certain real property consisting of 46.28 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
WIIEREAS, the Owner has submitted a request to the City to zone the Property as a Planned Unit
Development(the "PUD"); and
WHEREAS, pursuant to Section 46-106 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 11 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, oil August 19, 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:
Page I of 5
L
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT STANDARDS
That all uses and development within the Property shall conforrn to the Development Standards included in
Section 11 herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Plan unless all provisions pertaining to changes or
niodifi cations are approved as stated in Section 11.8.
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
Section 1-32, Code of Ordinances,City of Round Rock, Texas, as amended.
4. MISCELLANEOUS PROVISIONS
4.1. Severability
In case one or more provisions contained in 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 Man 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,Texas.
4.2. Effective Date
This Plan shall be effective from and after the date of approval by the City Council.
Page 2 ot 5
11.
IIENNA F,kNULN' TRACT
DEVELOPMENT STANDARDS
DEFINITIONS
of Round R(wk(.ImJuolX)rdinances,,iseiiiieii(.Ied,her%,.inafier referred to ars "the Code."
11RDEEMUN'
This Plon covers approxiniately W28 aurtm of Knd homed wilin,the City or Round Wick,
I exas, aid more particularly as described irk Exhibit ".A".
3. ILIBULILASIL
'Ibe pwpose of His Plan is to ensme as PUD MM: 1) is equal ux mWedor than andAg more
consistent than that which would occur under the stanclard Whaince reqWrwnents, 2) is in
hmawny whh We General Plan, as arnendcQ 3) d(ws n,ot have an undue adverse effect upon
'i4jacent property. the character of the neighW-hotnL traffic conditions, parking, utilities or
carry I
. otfier matters affecting the Public licalth, safely and welfare, 4) is Kb,'qUnC1Y j)r0ViSi(M Cd
by eswWal, public Wilities and services. and 5) wdl he dev6oped and rnaWned so as riot
to domhme, by scale or manixig of sludums, Me immediate neighboring properties or
interfere with I heir developinerit or use.
t 6.1"I"LIC-ABILITY Of,"CATYORDINANCTS
of ZoWng and Subdivision Ordinances
Ile lhopeny shall be regulawd Rw pwpows of nm inn and subdixidon by flis Plata. U
aspects not specit-ically covered L�,y this Nan shall be regulaled by the NIU-(
(Alixed-Use Greenfield) zoning charict and oflier sections, of (,ode, as applicahle
and as anwnded. If there is ar conflict 1-)ctween Ohs Plan mud the (Sk. this Ilan shA I
supersede die sped fic cm1haNg pruvkimm of We CoW
42 Tme PMection and Preservation W11nance
Chapter 8, Article Uf of the Wde contains Tree Jlrotwion and Preservation
suindards, incluSing the designadon of immarch trees. Exhibit "It" identifies four
inagnolia trees indicating, their imnywch 11TC Status. Rellioval of 1hese f'our naagnofia
trees is hereby pernurte& All pro0skms cW ChaMer 8, ArScle III WWI otherwise
apply,
4.3 Traffic InipactAnalysis
As staled in Section 2-75 (f)(2) of the CWN, zi Tnaffic Irnpact Analysis ( FIA) shall be
reg6red fisc vary developrn(,nit in theN1lJ"-G district.
f4ge 3 of 5
4,4 Concept Plan
,rws Plaii, as dqricted in EWER "C". Mmll serve as the C'oncept Plan required
by Van IQ Secdon 1026 of Te (40, as amemled.
4.5 Otherordinances
All other()a°c arimwes whWn Be Cbdq in eximeme upmi the dalcofadoption orthis
Wittance, shall apply to the Property except as clearly modified by this Plana. In
the evort(if a conflict the tcrnis ofthis Plan shall control.
5.1 Permitted and Prohibited Uses
NO% 2-75 (d) of he CW., contains the pernahted and pirohThed, uses hi We NdU-
6 (Mixed Use - Greenfield) zoning",district,
5,2
/kddifional Proltibited ses
In as khthwi to the prohibited LLSeS fisteci in Section 2-75 (d) ofthe t:'ode, the following
mes mv also pmhlital: drive-through facilities, development sites w5h, dkeet access to
Nlays `ti ivet or l"alm %hilley Boulevaul(US'79);,md inclividLial single steers/buildingp.,ofnioi-e
than 50§00 squmelet.
6. DENSITI' AND 1)1,:VI,1,01-'MEN"I"S"I"i%Nl�)z%ltl)S
6A 1116ght
Maximum bididing height is twelve(12) st(wies.
61 RuNHng JIUMgn
All bibldings shall he constructed Un acconiance with POIN;(Mixed-Use
Greenfield)district design standards.
7. 1"ARK1,AND DEDICN110N AND FEES
All Pmthud Dedicatkni and thes, in licti of declicadmi WH he swinfied f the
development oF the enfire unci, by the c(miveyAnce of the land required for the
HwhaV '001 and the adLlitkmial hind to be cmiveyed at the iin-ic ot'platting and
development as slumm(at Exhibit "D" (Future Parklatul Aren).
N. (..y „O
8.1 It C'hanges
NAhww changes to this Plan which &) not substamialo aml ndversely change this
Plan may be appnwed adwilimnaively if qqwoved in writing by the Director of
PNnnhg and Development Services atid the City Attorney.
U Nlaj or Changes
All chmigesnot punn"ted aboveshall beresuNnitted following thesaine procCdLff%,
rcquired by the original PU Dapplicatioi
FOge 4 of 5
£!&T 0£ EXHIBITS
Exhibit"A" Survey
Exhibit`B® Monarch Uaan,t ees
Exhibit"C" Wim«/Wp
Exhibit"D" Parkland
Pa ge 5di
EXHIBIT 'A'
THE STATE OF TEXASI
COUNTY OF WIIAAAMSONJ
Being a 46.28 acre (2,016,139 square foot) tract of land out of the Wiley Harris Survey, Abstract
No. 298, in Williamson County, Texas, said 46.28 acres being comprised all of a called 29.23
acre tract (Exhibit A) (less a 1.43 acre tract) and all of a 1.43 acre tract (Exhibit B) as conveyed
in a Special Warranty Deed from Billie Sue Henna to BSH Holdings, LP, a Limited Texas
Partnership, filed March 5, 1998 and recorded in Document No. 9810912 of the Official Records
of Williamson County, Texas, (ORWC), all of a called 6.58 acre tract as conveyed in an
Executor's Distribution Deed to Louis M. Henna, Jr. as Independent Executor of the Estate of
Billie Sue Cross, Deceased, filed August 8, 2018 and recorded in Document No. 2018070604 of
the Official Public Records of Williamson County, Texas (OPRWQ, all of a called 5.83 acre
tract as conveyed in a Warranty Deed from Louis M. Henna and wife, Billie Sue f1enna to
Robert Herber and Carol Ruth Henna, filed January 11, 1974 as recorded in V011.11ne 580, Page
674 of the Deed Records of Williamson County, Texas (DRWC), and all of a called 4.56 acre
tract as conveyed in a Warranty Deed from Louis M. Henna, et ux to Louis M. Henna, Jr., et ux,
filed June 15, 1977 and recorded in Volurne 672, Page 918 DR-WC, said 46.28 acre tract being
more fully described by metes and bounds as follows;
BEGINNING at a 5/8 inch diameter iron rod with a yellow plastic cap stamped "CIVILCORP"
set for the Northeast comer of the herein described tract, said iron rod being the Northeast comer
of the said 29.23 acre tract, the Northwest comer of the Amending Plat of Lots 1, 2, & 3 of the
Replat of Heritage Center Subdivision, Lots I & 2, filed July 18, 2001 and recorded in Cabinet
U, Slides 347-348 of the Plat Records of Williamson County, Texas also recorded as Document
No. 2001052130 OPRWC, and said iron rod being in the South Right-of-Way line of
t.J.S Highway 79 (East Palm Valley Boulevard);
THENCE, South 10019'08" East, with the common line of the said 29.23 acre tract and the said
Amending Plat of Lots 1, 2, & 3 of the Replat of Heritage Center Subdivision, passing at a
distance of 505.53 feet, a point for the Southwest corner of the said Subdivision and the
Northwest corner of a Replat of Heritage Center Subdivision, Lots I & 2, filed July 7, 1998 and
recorded in Document No. 9837632 ORWC, passing at a distance of 695.97 feet, a 1/2 inch
diameter iron rod found for the Southwest comer of the said Subdivision and the Northwest
comer of Lots 3 & 4, Heritage Center Minori, Inc to the City ot'Round Rock, filed June 18, 2014
as recorded in Document No. 2014046645 OPRWC, and continuing for a total distance of
1349.79 feet, to a point in the approximate center of Brushy Creek;
TUENCE, with the approximate center of Brushy Creek with the South lines of the aforesaid
4.56 acre tract, 29.23 acre tract, 5.83 acre tract, and the 6.58 acre tract, respectfully as follows:
1. South 52'44'55"West, a distance of 528.90 feet, to a point;
2. South 59'38'16" West, a distance of 767.55 feet, to a point in the East Right-of-Way line
of Mays Street (Rio,it-of-Way varies);
Page 1 of'2
THENCE, North 23'47'08" West, leaving the center ot'Brushy Creek with the common line of
the said 6.58 acre tract and the East line of Mays Street, passing a 5/8 inch diameter iron rod with
a yellow plastic cap stamped '"CIVII.CORP" set for reference at a distance of 64.40 feet from the
top bank of Brushy Creek and a distance of 127.50 feet from the approximate centerline of
Brushy Creek, passing at a distance of 613.30 feet, a TxDot (TYP, 1) Monument found at Station
130-+-98,15, and continuing for a total distance of 615.12 feet, to a 5/8 inch diameter iron rod with
a yellow plastic cap stamped set for an exterior angle comer of the herein
described tract, said iron rod being an exterior angle comer of the said 6.58 acre tract, and the
South comer of a 0.260 acre tract as conveyed in a Transfer of Right-of-Way tiorn the State of
Texas to the City of Round Rock, filed April 11, 2013 and recorded in Document No.
2013032585 OPRWC;
'THENCE, North 17'20'41" West, with the common line of the said 0.260 acre tract, the 6.58
acre tract, and the 29.23 acre tract, a distance of 453.40 feet (called 453.28 feet), to a TxDot
(TYP. 1) Monument found at Station 135+50.50 for an exterior comer of the herein described
tract, said monument being an exterior comer of the said 29.23 acre tract, the Northeast corner of
the said 0.260 acre tract, and tl1C Southeast comer of a 7.433 acre tract as conveyed in. a
Condemnation to the State of Texas (Parcel B), dated November 25, 1940 and recorded in
V01Urne 6, Page 538 of the Civil Minutes of the County Clerk of Williamson County, Texas;
n-IENCE, North 10'19'40" East, with the West line of the said 29.23 acre tract, a distance of
651.61 feet (called 651.88 feet), to a 1/2 inch iron rod found for the Northwest comer of the
herein described tract, said iron rod being the Northwest comer of the said 29.23 acre tract, and
in the South line of the aforesaid US. Highway 79;
THENCE, North 66'07'02" East, with the common line of the said 29.23 acre tract and U.S.
Highway 79, a distance of' 508.07 feet (called 507.79 feet), to a TxDot (TYP. 11) Monument
found at Station 669+96.7 for an exterior corner of the herein described tract, said monument
being the beginning of a curve to the right;
THENCE, continuing with the common line of the said 29.23 acre tract and U.S. Highway 79
with said curve to the tight having a radius of 2,756.97 feet, a central angle ot'l 3'59'53", and an
are length of 673.55 feet, whose chord bears North 73"1.4'50" East, a distance of 671.88 feet, to
the POINT OF BEGINNING, CONTAINING within these metes and bounds 46.28 Acres
(2,016,139 square feet) of land, more or less.
All bearings and distances shown herein are based on the Texas Coordinate System, Central
Zone (4203) NAD83. T'he foregoing Field Notes Description is based on an actual survey made
Under my supervision and completed in the month of August 2016, and is true and correct to the
best of my knowledge and belief.
0 F
C orey Jos h Hall Registered Professional Land Surveyor No. 6362
`FBPL.S Finn No. 10 194152
.........
COREY JOSEPH HALQ",
Page 2 of 2
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EXHIBIT "By'
TREES TO BE
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EXHIBIT
CONCEPT PLAN W/
r�Y fi�i�rr I<�il4t n�i ? �aJ rwr i I Au'
POTENTIAL LAND USES
Retail, Restaurant(RR): 18%
�
Office (OF): 22%
Y, Commercial (CO): 8%
Hotel (HT): 14%
a
Multifamily(MP)1 Town home (TH): 27%
Parking (PK): 11%
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t • ^ P „ / rJ P ' ' ` Approximate location of trail
a EXHIBIT "Cl”
f/fi/ ✓;
FUTURE PARKL.AND
''11„m, N/ i f Gi'r % PzJ/iF AREA
AREA TO BE DEDICATED
AT TIME OF PLATTING
(Average FEMA 100 Year Flood Plain
Elevations-Effective September 26,2008)
j ESTIMATED 50 EASEMENT
y FOR HERITAGE TRAIL
RECORDED
ORDINANCE
FOLLOWS
ELECTRONICALLY RECORDED 2020120384
Williamson County, Texas Total Pages: 17
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
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. 0-2020-0268 which rezones 46.28 acres of
land to Planned Unit Development (PUD) No. 122. This ordinance was approved and adopted at
a regular meeting held by the City Council on the 241h.day of September 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 2nd day of
October 2020.
2626126384 Page 2 of 17
ORDINANCE NO. 0-2020-0268
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 46.28 ACRES OF
LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM SF -2 (SINGLE-
FAMILY — STANDARD LOT) ZONING DISTRICT TO PUD (PLANNED
UNIT DEVELOPMENT) NO. 122 ZONING DISTRICT; 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 46.28 acres of land, out
of the Wiley Harris Survey, Abstract No. 298, in Round Rock, Williamson County,
Texas, being more fully described in Exhibit "A" attached hereto, from SF -2 (Single -
Family — Standard Lot) zoning district to Planned Unit Development (PUD) No. 122
zoning district, 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 19th day of August, 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 zoning classification of the property described in Exhibit "A" be
changed to PUD No. 122, and
011220202; 00454788
2626126384 Page 3 of 17
WHEREAS, on the 24th day of September, 2020, after proper notification, the
City Council held a public hearing on the requested amendment, 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
WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter
A., Texas Local Government Code, and Zoning and Development Code, Chapter 2,
Article I, Section 2-2 and Chapter 10, Article I, Section 10-2 and, 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. 122 meets the following goals and objectives:
(1) The development in PUD No. 122 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) P.U.D. No. 122 is in harmony with the general purposes, goals, objectives
and standards of the General Plan.
(3) P.U.D. No. 122 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. 122 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. 122 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.
2
2626126384 Page 4 of 17
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
designated as, Planned Unit Development (PUD) No. 122, and that the Mayor is hereby
authorized and directed to enter into the Development Plan for PUD No. 122 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 Resolution was adopted was
posted and that such meeting was open to the public as required by law at all times
during which this Resolution 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.
3
2626126384 Page 5 of 17
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
Y
2020.
Alternative 2.
READ and APPROVED on first reading this the day of
2020.
READ, APPROVED and ADOPTED on second reading this the day of
2020.
Ajol
CRAIG WROPON, Mayor
City of Roun ock, Texas
ATTEST:
4VtMQAXL ' 0
MEAGAN OINKS, l5eputy City Clerk
H
2626126384 Page 6 of 17
EXHIBIT
"A"
DEVELOPMENT PLAN
HENNA FAMILY TRACT
PLANNED UNIT DEVELOPMENT NO. 122
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS DEVELOPMENT PLAN (this "Plan") is made and entered by and between the CITY OF ROUND
ROCK, TEXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock,
Texas 78664 (hereinafter referred to as the "City", and Louis Henna, Jr., his successors and assigns, having
offices at 8805 IH -35, Austin, Texas 78753 (hereinafter referred to as the "Owner").
WHEREAS, the Owner is the owner of certain real property consisting of 46.28 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 Owner has submitted a request to the City to zone the Property as a Planned Unit
Development (the "PUD"); and
WHEREAS, pursuant to Section 46-106 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 August 19, 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:
Pace 9 of 5
2626126384 Page 7 of 17
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 are approved as stated in Section I1.8.
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
Section 1-32, Code of Ordinances, City of Round Rock, Texas, as amended.
4. MISCELLANEOUS PROVISIONS
4.1. Severability
In case one or more provisions contained in 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, Texas.
4.2. Effective Date
This Plan shall be effective from and after the date of approval by the City Council.
Page 2 of 5
2020120384 Page 8 of 17
M
HENNA FAMILYTRACT
Dli,VELOPMENT STANDARDS
1. DEFINITIONS
Words and, teams used herein shall have their usual force and meaning, oras defined in the City
of Round Rock Code of Ordinances, as amended, hereinafter referred. to as "the Code."
2. PROPERTV
This Plan covers approximately 46.28 acres of land located within the City of Round Rock,
Texas, and more particularly as described. in Exhibit "A".
I he 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
adjacentC111
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.
4.1 Zoning and Subdivision Ordinances
'['he Property shall be regulated for P111-1,)oses of zoning and subdivision by this Plan. All
aspects not specifically covered by this Plan shall be regulated by the MU -G
(Mixed -Use Greenfield) zoning district and other sections of the Code, as applicable
and 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 Tree Protection and Preservation Ordinance
Chapter S. Article III of the Code contains 'Free Protection and Preservation
s
standardsC,
, including the designation Of n-ionarch trees. Exhibit "It" identifies four
magnolia trees indicating their monarch tree status. Removal Of these four magnolia
trees is hereby permitted. All provisions of Chapter S, Article III shall otherwise
apply,
4.3 Traffic Impact Analysis
As stated in Section 2-7/5 (f)(2) of the Code, a Traffic Impact Analysis (TIA) shall be
required for any development in the MU -G district.
Page 3 of 5
2020120384 Page 9 of 17
4.4 Concept Plan
.phis Plan, as depicted in Exhibit "C"', shall serve as the Concept Plan required
by Part 111, Section 10-26 of the C'ode, as arnended.
4.5 Other Ordinances
All other Ordinances within the Code, in existence upon the date of adoption, of this
ordinance, 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.
S. LAND U'Sf� 'S
5.1 Permitted and Prohibited Uses
Section 2-75 (d) of the ('ode contains the permitted and prohibited uses in the MU-
G (Mixed Use - Grectifield) zoning district.
5.2 Additional Prohibited Uses
In addition to the prohibited uses listed in Section 2-75 (d) of the Code, the following
uses are also prohibited: drive-through facilities, development sites with direct access to
Mays Street or Pahn Valley Boulevard (L)JS 79); and individual single -story buildings of more
than 50,000 squarefeet,
6. DENSITY AND) .D EV ELO PMENTSTAN ])ARDS
6.1 Heicht
Maximum building height is twelve (12) stories.
t,
6.2 Building Design
All buildings shall be constructed in accordance with INI U -(J (Mixed -Use
Greenfield) district design standards.
�gwvquxqm kinal UM faimw
7.1 Parkland Dedication and fees in IICU of dedication shall be satisfied for the
development of the entire tract by the conveyance of' the land required for the
Heritage Trail and the additional land to be conveyed at the time of platting and
development as shown on Exhibit "D" (Future Parkland Area).
8. CHANGES TO DEVELOPMENTPLAN
8.1 Minor Chanues
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.
8.2 _NLkjor Changes
All changes not permitted above shall be resubmitted following the same procedure
required by the original PU 1.) application.
Page 4 of 5
Exhibit "A" Survey
Exhibit "B" Monarch Magnolia Trees
Exhibit "C" Concept Plan
Exhibit "D" Parkland
2626126384 Page 16 of 17
Page 5 of 5
EXHIBIT 'A'
THE STATE OF TEXAS
COUNTY OF WILLIAMSON)
2626126384 Page 11 of 17
Being a 46.28 acre (2,016,139 square foot) tract of land out of the Wiley Harris Survey, Abstract
No. 298, in Williamson County, Texas, said 46.28 acres being comprised all of a called 29.23
acre tract (Exhibit A) (less a 1.43 acre tract) and all of a 1.43 acre tract (Exhibit B) as conveyed
in a Special Warranty Deed from Billie Sue Henna to BSH Holdings, LP, a Limited Texas
Partnership, filed March 5, 1998 and recorded in Document No. 9810912 of the Official Records
of Williamson County, Texas, (ORWC), all of a called 6.58 acre tract as conveyed in an
Executor's Distribution Deed to Louis M. Henna, Jr. as Independent Executor of the Estate of
Billie Sue Cross, Deceased, filed August 8, 2018 and recorded in Document No. 2018070604 of
the Official Public Records of Williamson County, Texas (OPRWC), all of a called 5.83 acre
tract as conveyed in a Warranty Deed from Louis M. Henna and wife, Billie Sue Henna to
Robert Herber and Carol Ruth Henna, filed January 11, 1974 as recorded in Volume 580, Page
674 of the Deed Records of Williamson County, Texas (DRWC), and all of a called 4.56 acre
tract as conveyed in a Warranty Deed from Louis M. Henna, et ux to Louis M. Henna, Jr., et ux,
filed June 15, 1977 and recorded in Volume 672, Page 818 DRWC, said 46.28 acre tract being
more fully described by metes and bounds as follows;
BEGINNING at a 5/8 inch diameter iron rod with a yellow plastic cap stamped "CIVILCORP"
set for the Northeast corner of the herein described tract, said iron rod being the Northeast corner
of the said 29.23 acre tract, the Northwest corner of the Amending Plat of Lots 1, 2, & 3 of the
Replat of Heritage Center Subdivision, Lots I & 2, filed July 18, 2001 and recorded in Cabinet
U, Slides 347-348 of the Plat Records of Williamson County, Texas also recorded as Document
No. 2001052130 OPRWC, and said iron rod being in the South Right -of -Way line of
U.S Highway 79 (East Palm Valley Boulevard);
THENCE, South 10°19'08" East, with the common line of the said 29.23 acre tract and the said
Amending Plat of Lots 1, 2, & 3 of the Replat of Heritage Center Subdivision, passing; at a
distance of 505.53 feet, a point for the Southwest comer of the said Subdivision and the
Northwest corner of a Replat of Heritage Center Subdivision, Lots 1 & 2, filed July 7, 1998 and
recorded in Document No. 9837632 ORWC, passing at a distance of 695.97 feet, a 1/2 inch
diameter iron rod found for the Southwest corner of the said Subdivision and the Northwest
corner of Lots 3 & 4, Heritage Center Minori, Inc to the City of Round Rock, filed June 18, 2014
as recorded in Document No. 2014046645 OPRWC, and continuing for a total distance of
1349.79 feet, to a point in the approximate center of Brushy Creek;
THENCE, with the approximate center of Brushy Creek with the South lines of the aforesaid
4.56 acre tract, 29.23 acre tract, 5.83 acre tract, and the 6.58 acre tract, respectfully as follows:
1. South 52°44'55" West, a distance of 528.90 feet, to a point;
2. South 59°38'16" West, a distance of 767.55 feet, to a point in the East Right -of -Way line
of Mays Street (Right -of -Way varies);
Page I of 2
2626126384 Page 12 of 17
THENCE, North 23°47'08" West, leaving the center of Brushy Creek with the common line of
the said 6.58 acre tract and the East line of Mays Street, passing a 5/8 inch diameter iron rod with
a yellow plastic cap stamped "CIVILCORP" set for reference at a distance of 64.40 feet from the
top bank of Brushy Creek and a distance of 127.50 feet from the approximate centerline of
Brushy Creek, passing at a distance of 613.30 feet, a TxDot (TYP. I) Monument found at Station
130+98.15, and continuing for a total distance of 615.12 feet, to a 5/8 inch diameter iron rod with
a yellow plastic cap stamped "CIVILCORP" set for an exterior angle corner of the herein
described tract, said iron rod being an exterior angle corner of the said 6.58 acre tract, and the
South corner of a 0.260 acre tract as conveyed in a Transfer of Right -of -Way from the State of
Texas to the City of Round Rock, filed April 11, 2013 and recorded in Document No.
2013032585 OPRWC;
THENCE, North 17°20'41" West, with the common line of the said 0.260 acre tract, the 6.58
acre tract, and the 29.23 acre tract, a distance of 453.40 feet (called 453.28 feet), to a TxDot
(TYP. I) Monument found at Station 135+50.50 for an exterior corner of the herein described
tract, said monument being an exterior corner of the said 29.23 acre tract, the Northeast corner of
the said 0.260 acre tract, and the Southeast corner of a 7.433 acre tract as conveyed in a
Condemnation to the State of Texas (Parcel B), dated November 25, 1940 and recorded in
Volume 6, Page 538 of the Civil Minutes of the County Clerk of Williamson County, Texas;
THENCE, North 10('19'40" East, with the West line of the said 29.23 acre tract, a distance of
651.61 feet (called 651.88 feet), to a 1/2 inch iron rod found for the Northwest corner of the
herein described tract, said iron rod being the Northwest corner of the said 29.23 acre tract, and
in the South line of the aforesaid U.S. Highway 79;
THENCE, North 66°07'02" East, with the common line of the said 29.23 acre tract and U.S.
Highway 79, a distance of 508.07 feet (called 507.79 feet), to a TxDot (TYP. II) Monument
found at Station 669+96.7 for an exterior corner of the herein described tract, said monument
being the beginning of a curve to the right;
THENCE, continuing with the common line of the said 29.23 acre tract and U.S. Highway 79
with said curve to the right having a radius of 2,756.97 feet, a central angle of 13°59'53", and an
are length of 673.55 feet, whose chord bears North 73°14'50" East, a distance of 671.88 feet, to
the POINT OF BEGINNING, CONTAINING within these metes and bounds 46.28 Acres
(2,016,139 square feet) of land, more or less.
All bearings and distances shown herein are based on the Texas Coordinate System, Central
Zone (4203) NAD83. The foregoing Field Notes Description is based on an actual survey made
under my supervision and completed in the month of August 2016, and is true and correct to the
best of my knowledge and belief:
Corey J septi Hall Registered Professional Land Surveyor No. 6362
TBPLS Firm No. 10194152
COREY JOSEPH HALL
�...............................
1-5a6
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2020120384 Paqe 13 of 17
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2020120384 Paqe 13 of 17
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RECORDERS MEMORANDUM
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2020120384 Page 14 of 17
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EXHIBIT 13
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MONARCH STATUS
MONARCH
(Magnolia)
RECORDERS MEMORANDUM
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EXHIBIT «C„
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O` CONCEPT PLAN WI
POTENTIAL LAND USES
Retail, Restaurant (RR): 18%
=° Office (OF): 22%
Commercial (CO): 8%
Hotel (HT): 14%
Multifamily (MF) I Town home (TH): 27%
RECORDERS MEMORANDUM Parking (PK): 11%
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2020120384 Page 16 of 17
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Bank of Brushy Creek
Approximate location of trail
EXHIBIT f"D„
FUTURE PARKLAND
AREA
AREA TO BE DEDICATED
r t AT TIME OF PLATTING
(Average FEMA 100 Year Flood Plain
u, Elevations- Effective September 26, 2008)
RECORDERS MEMORANDUM ESTIMATED 50' EASEMENT
FOR HERITAGE TRAIL
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2020120384 Page 17 of 17
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2020120384
Pages: 17 Fee: $93.00
10/02/2020 02:02 PM
1 AST40f
F�
Gti,
Nancy E. Rister,County Clerk
Williamson County,Texas