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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 'Ve) i a )a —In-r. i Ull mU,, ..race d k ~w +y u i it, H ,c ........ ..Il V ,�NN y 4 {{ mm cx" p u j a � m W� 3i 1. x 6 e �u ra M " r ; gc c% x P x e PP •..•,• T&&.6�:^hpp dp�d�a 2e P46LJ�'d �`r'Xl)hdt„dl 7Y4 S"x,4,A t'a��G LL� wnuu Scale: V=200' t `' 0 an� .., -) (� r w,. mm PY I { yp9 e ,� y^{ppyp^ wap � VG, A B � C a xb I W w t pr ���4++..mw'^+*w"'""."`+.w✓✓ d w,"' ,� '"�wq+nwV. � r. w~rnrvrn^ 8 ^ r�✓u"ww^ ( f 1 pY�my� "�„��r ""� ) f 1 { EXHIBIT "By' TREES TO BE REMOVED FROM MONARCH STATUS MONARCH �� � (Magnolia) H I VUN (A' t A r b y'/ s' r irpk�,iA� i� F4f✓��1�r rr I i��rlr � �� , r / t �r �V t i 5 r a� M' r r d r rd r a :✓�l�+ ����i��Grld�i�q/�^�,�,��y�j�� fr�'rrd�j'f1n, � � r'fr�N'lr����1���'��r;'N�r%✓ r'orr��9�'">'�'r�q�,� �a " � rt 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% 1 Scale: V=200' w , k f/ r l k w s f r a p, * Am b"Mr ^ i l ,kr NNS`., k i ✓(/ ..✓"" l',/i / f r' y tld+ Vih ol'i „ rFf7(a3 /F'" f r ff , J . Bank of Brushy Creek rr ,, " 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 Page 2 of 2 2020120384 Paqe 13 of 17 8 n i IN ON is klvl J4 X L 3b 33 iN 1, -4, -iPs A aql Ute' z 2020120384 Paqe 13 of 17 8 n i IN ON is RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation I klvl X 3b -4, RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation I 2020120384 Page 14 of 17 N Scale: 1 "=200' l dry. 0 . f 0 Awa �F � y oc" C" 1 p t r f �l EXHIBIT 13 y TREES TO BE `� r f N� l Y4 > REMOVED FROM MONARCH STATUS MONARCH (Magnolia) RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation EXHIBIT «C„ eek, 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% HII ear part- ,-f the ter„t nn this page ,,as not =l ul, 1—jiblfico.,aticta f r i-cordation N Scale: 1"=200' lc1 t 1, Y � \ 111 ii t -{ a� A f� 2020120384 Page 16 of 17 F i 4• , mg _ A J 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