O-2022-021 - 1/13/2022 ORDINANCE NO. 0-2022-021
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 6.50 ACRES
OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO.
173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS PLANNED
UNIT DEVELOPMENT (PUD) NO. 135; AND PROVIDING FOR A
SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS.
WHEREAS, the City of Round Rock, Texas has annexed 6.50 acres of land out
of the Willis Donaho Survey, Abstract No. 173 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 1st day of December, 2021,
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. 135, and
WHEREAS, on the 13th day of January, 2022, 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;20222;487941324808
Original Zoning Ordinance 7113
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:
1.
That the City Council has hereby determined the Planned Unit Development
(PUD) No. 135 meets the following goals and objectives:
(1) The development in PUD No. 135 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) P.U.D. No. 135 is in harmony with the general purposes, goals, objectives
and standards of the General Plan.
(3) P.U.D. No. 135 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. 135 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. 135 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
designated as, Planned Unit Development (PUD) No. 135, and that the Mayor is hereby
authorized and directed to enter into the Development Plan for PUD No. 135 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 thii's 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
anuct cQ 2022.
Alternative 2.
READ and APPROVED on first reading this the day of
'12022.
3
READ, APPROVED and ADOPTED on second reading this the day of
, 2022.
Af
CRAIG ORG Mayer
City of Round' ckTexas
ATTEST:
MEAGAN KS, City Cleric
4
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EXHIBIT
DEVELOPMENT PLAN "B"
OLD SETTLERS TOWNHOMES
PLANNED UNIT DEVELOPMENT NO. 135
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, 221 East Main Street,Round
Rock,Texas 78664(hereinafter referred to as the"City", and Hossain&Orlena Mehrabian,their
successors and assigns, 3200 Old Settlers Blvd, Round Rock,TX 78665 (hereinafter referred to
as the"Owner").
WHEREAS, the Owner is the owner of certain real property consisting of 6.50 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 December 1, 2021, 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 are approved as stated in Section II.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.
2
II.
OLD SETTLERS TOWNHOMES
DEVELOPMENT STANDARDS
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, oras defined in the
City ofRound Rock Code of Ordinances,as amended,hereinafter referred to as "the Code."
2. PROPERTY
This Plan covers approximately 6.50 acres of land located within the City of Round Rock,
Texas,and more particularly as described in Exhibit"A".
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 and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this Plan. All
aspects not specifically covered by this Plan shall be regulated by the TH (Townhouse)
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 Concept Plan
This Plan, as depicted in Exhibit "B", shall serve as the Concept Plan required by
Part III, Section 10-26 of the Code, as amended.
4.3 Other Ordinances
All other Ordinances within the Code, in existence upon the date of adoption of this
ordinance, shall apply to the Property, as applicable and as amended, except as clearly
modified by this Plan. In the event of a conflict the terms of this Plan shall control.
3
5. LAND USES
The use shall be Townhouse, Common Lot, with a maximum number of 78 living units,
in addition to the remaining permitted uses in the TH (Townhouse) zoning district
contained in Section 2-25 of the Code.
6. DENSITY AND DEVELOPMENT STANDARDS
6.1 Height
Maximum building height shall be three(3) stories, not to exceed 45 feet.
6.2 Building Orientation
All buildings,garages and balconies shall be oriented with the front and rear facing the south
and north, so that no front or rear of the structures face the adjacent single family lots to the
east.
7. AMENITIES AND LANDSCAPE BUFFER
7.1 Amenities
The following three amenities shall be provided, in accordance with Part III,Chapter 2,
Article II, Section 2-20 of the code:
l) Playground equipment
2) Fenced dog park,to measure no smaller than 2,500 sq. ft. with a min.depth 25 ft.
3) Picnic area,to contain no fewer than two tables and two cooking grills
7.2 Compatibility Buffer
1) A setback of a minimum of 10 feet in width along the eastern property line,abutting
single family lots,as indicted on Exhibit`B',shall be provided.
2) Use of the area within the setback shall be limited to fencing, landscaping,and natural
drainage.No buildings,parking areas, refuse containers or similar development shall
be permitted.
3) The following shall be required within the setback:
a) A pre-cast concrete panel or architectural concrete masonry unit(CMU) fence,
with materials,construction standards,and miscellaneous requirements as
follows:
i. Pre-cast concrete panels shall be installed per manufacturer's
specifications.
ii. Construction details or shop drawings must be sealed by a civil engineer,
structural engineer,or landscape architect and provided prior to the
issuance of a building permit.
iii. Both sides of the fence shall have a finished face; and
iv. The fence shall have a minimum height of six(6)feet.
b) A landscape buffer at least eight(8) feet wide with one large tree with a
minimum of three(3)caliper inches per 50 linear feet and one medium tree with
a minimum of two (2)caliper inches per 50 linear feet. The trees shall be
selected from the list of approved evergreen tree species in Appendix B of the
Tree Technical Manual, City of Round Rock.
4
8. CHANGES TO DEVELOPMENT PLAN
8.1 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.
8.2 Major Changes
All changes not permitted above shall be resubmitted following the same procedure
required by the original PUD application.
LIST OF EXHIBITS
Exhibit"A" Survey
Exhibit"B" Concept Plan
5
PROPER T5 DKSMIUMON
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