O-2022-365 - 11/3/2022 ORDINANCE NO. 0-2022-365
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 31.72
ACRES OF LAND OUT OF THE HENRY MILLARD SURVEY,
ABSTRACT NO. 452, IN ROUND ROCK, WILLIAMSON COUNTY,
TEXAS, AS PLANNED UNIT DEVELOPMENT (PUD) NO. 142; AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS.
WHEREAS, the City of Round Rock, Texas has recently annexed 31.72 acres of
land out of the Henry Millard Survey, Abstract No. 452 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 5th day of October, 2022, 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. 142, and
WHEREAS, on the 3rd day of November, 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;4880-4037-2539
Original Zoning Ordinance 7/13
WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter
A., Texas Local Government Code, and Zoning and Development Code, Chapter 10,
Article I, Section 10-2 and Article IV, Sections 10-20 and 10-22, Code of Ordinances
(2018 Edition), City of Round Rock, Texas concerning public notices, hearings, and
other procedural matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council has hereby determined the Planned Unit Development
(PUD) No. 142 meets the following goals and objectives:
(1) The development in PUD No. 142 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) P.U.D. No. 142 is in harmony with the general purposes, goals, objectives
and standards of the Round Rock Comprehensive Plan.
(3) P.U.D. No. 142 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. 142 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. 142 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
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designated as, Planned Unit Development (PUD) No. 142, and that the Mayor is hereby
authorized and directed to enter into the Development Plan for PUD No. 142 attached
hereto as Exhibit "B", which agreement shall govern the development and use of said
property.
III.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
A READ, PASSED, and ADOPTED on first reading this day of
/QOy2w1JVJe, , 2022.
Alternative 2.
READ and APPROVED on first reading this the day of
2022.
3
READ, APPROVED and ADOPTED on second reading this the day of
, 2022.
/";� Al
CRAIG,i ORG Mayor
City of Round ock, Texas
ATTEST:
JYW Pilo(I
MEAGAN S NKS, City Jerk
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Exhibit"A"
Property Description
31.72 acres of land out of the Henry Millard Survey, Abstract No. 452, located south of
University Boulevard and west of CR 118, and the adjacent 2.73 acre portion of the CR
118 rig ht-of-way.
[See attached map.]
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Exhibit"B"
Annexation Petition
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ANNEXATION PETITION
TO THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF ROUND ROCK,TEXAS:
The undersigned owners of the hereinafter described tract of land hereby petition your Honorable
City Council to extend the present city limits so as to include as a part of the City of Round Rock,
Texas,the following described territory,to-wit:
31.72 acres out of the Henry Millard Survey Abstract No.452
And being more particularly described in the sketch and description attached hereto as Exhibit
"A."
I hereby certify,under oath,that.
(1) CSTX USX Accommodation,LLC is the true and only owner of the above-described
(2) The above-described tract of land, as depicted in Exhibit "A," is contiguous and
adjacent to the current city limits of the City of Round Rock,Texas.
I
Atilla Tuna,Manager
STATE OF TEXAS §
COUNTY OF W ILLIAMSON §
SUBSCRIBED AND SWORN TO ME BEFORE,a notary public,by Atilla Tuna thisday
of Q='Oe r ,2022.
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SANDRA BRAVO
0'' 's. Notary Public,State of Texas
(Seal) ,;. t `�: comm.Explrea 02-11.2026 Notary c,State of Texas
NotaryID 132924898
Exhibit"A"
Property Description
31.72 acres of land out of the Henry Millard Survey, Abstract No. 452, located south of
University Boulevard and west of CR 118, and the adjacent 2.73 acre portion of the CR
118 right-of-way.
[See attached map.]
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Exhibit"C"
Services Agreement
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MUNICIPAL SERVICES AGREEMENT BE,
THE CITY OF ROUND ROCK,TEXAS
AND
CSTX USX ACCOMMODATION,LLC
THIS MUNICIPAL SERVICES AGREEMENT(the"Agreement")is entered into on the
Aday ofjO.Or ,2022,by and between the City of Round Rock,Texas,a home-rule municipality
of the State of Texas(the"City"),and CSTX USX Accommodation,LLC(the"Owner").
RECITALS
The parties agree that the following recitals are true and correct and form the basis upon
which the parties have entered this Agreement.
WHEREAS,Section 43.0671 of the Texas Local Government Code permits a municipality
to annex an area if each of the owners of the land in an area request the annexation;and
WHEREAS,when a municipality elects to annex such an area,the municipality is required
to enter into a written agreement with the property owners that sets forth services to be provided
by the municipality for the properties in the affected area;and
WHEREAS, the Owner owns a certain parcel of land situated in Williamson County,
Texas, which consists of approximately 31.72 acres of land in the City's extraterritorial
jurisdiction,such property being more particularly described and set forth in Exhibit"A,"attached
hereto and incorporated herein by reference(the"Property"or the"Area");and
WHEREAS, the Owner has filed a written request with the City for annexation of the
Property pursuant to Section 43.0671, identified as the "University Marketplace" (the
"Annexation");and
WHEREAS,the City and Owner desire to set forth the City services to be provided for the
Property on or after the effective date of the Annexation pursuant to Section 43.0672;and
WHEREAS, the Annexation and execution of this Agreement are subject to approval by
the governing body of the City;and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein,the City and the Owner agree as follows:
1. PROPERTY.This Agreement is only applicable to the Property,which is the subject of
the Annexation.
2. INTENT. It is the intent of the City that this Agreement provide the delivery of full,
available municipal services to the Property as described herein, in accordance with State
law,which may be accomplished through any means permitted by law.
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of the annexation, the City will provide the
municipal services set forth below. For the purposes of this Agreement, the term
"providing services" includes having services provided by any method or means by
which the City may extend municipal services to any other area of the City,including
the City's infrastructure extension policies and the developer or Owner's participation,
in accordance with applicable State law and City ordinances, rules, regulations and
hTt s,.,1�,s.
i. Fire and Police Services. The City will provide these services to the Area.
ii. Planning, Zoning, Building and Code Enforcement. The City will provide
comprehensive planning, land development, land use, and building review,
inspection services and code enforcement in accordance with all applicable laws,
ordinances,rules,regulations and policies.
iii. Water and Wastewater.The property is located within Jonah Water Special Utility
District(the"District")and water service is available and will be provided by the
District upon annexation of the Property.The City will provide wastewater for the
Property. If, and when,the Property is developed,platted, or the current use(s)of
the Property changes in the future, landowners shall be required to fund and
construct necessary water and wastewater capital improvements to serve the
annexed Property in accordance with applicable State law and the City's
ordinances,rules,regulations and policies.
iv. Solid Waste Service. Within its corporate boundaries,the City currently contracts
with Central Texas Refuse (dba "CTR") for residential collection only. Any
commercial development in the Area shall contract individually for solid waste
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collection services.
B. It is understood and agreed that the City is not required to provide any service that is
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not explicitly included in this Agreement.
4. AUTHORITY. The City and the Owner represent that they have full power authority and
legal right to execute, deliver and perform their obligations pursuant to this Agreement.
The Owner acknowledges that approval of the Annexation is within the sole jurisdiction of
the City's governing body. Nothing in this Agreement guarantees favorable decisions by
the City's governing body.
5. SEVERABILITY. If any part,term,or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part,term or provision, and the
rights of the parties will be construed as if the part,term,or provision was never a part of
the Agreement.
2
6. INTERPRETATION. The parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terms and conditions of this Agreement will be
interpreted in accordance with the laws of the State of Texas.
7. GOVERNING LAW AND VENUE. This Agreement shall be enforceable in Round
Rock,Texas,and if legal action is necessary by either party with respect to the enforcement
of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas.
8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers or immunities.
9. WAIVER. The failure of either party to insist on the performance of any term of provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that party's right to insist upon appropriate performance or to assert any such right on
any future occasion.
10.COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
11.CAPTIONS. The captions to the various clauses of this Agreement are for information
purposes only and shall not alter the substance of the terms and conditions of this
Agreement.
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Agreement is binding on and inures to the benefit of the parties, their successors, and
assigns. The term of this Agreement constitutes covenants running with the land
compromising the Property and is binding on the Owner.
13.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
the annexation of the Property.
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan,Mayor
Date:
3
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Attest:
By:
Meagan Spinks,City Clerk
For City,Approved as to Foim:
By:
Stephanie Sandre,City Attorney
CSTX USX ACCOMMODATION LLC:
By: /
Atilla Tune,
Date: 10(V4
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Exhibit"A"
Property Description
31.72 acres of land out of the Henry Millard Survey, Abstract No. 452, located south of
University Boulevard and west of CR 118, and the adjacent 2.73 acre portion of the CR
118 right-of-way.
[See attached map.]
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Exhibit"D"
Order to Annex 2.73 Acre Portion of CR 118
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ORDER REGARDING ANNEXATION BY THE CITY Or ROUND ROCK,TEXAS OF
A PORTION OF COUNTY ROAD 118 RIGHT OF WAY
WHEREAS,Williamson County(the "County")owns and/or maintains a portion of
County Road 118 south of University Blvd.,a 2.73 acre portion of which is more particularly i
I
identified by the grid pattern on Exhibit"A"attached hereto and incorporated herein;and
WHEREAS,the City of Round Rock,Texas(the"City")is in the process of annexing or
has already annexed certain properties abutting a portion of CR 118;and
WHEREAS,the City desires to also annex the 2.73 acre portion of CR 118 as identified
by the grid pattern on Exhibit"A"attached hereto;and
WHEREAS,Section 43.1055 now allows the County to request municipal annexation of
county roadways;
NOW,THEREFORE,the Commissioners Court of Williamson County,Texas,does
hereby order the following:
The County hereby requests that a potion of CR 118 south of University Blvd., a 2.73
acre portion of which is more particularly identified by the grid pattern on Exhibit"A"attached
hereto and incorporated herein be annexed into the City of Round Rock,Texas.
SIGNED this day of 02022.
tKe°101,1�19.70OIIGmvell
Bill Gravell Jr.
County Judge
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EXHIBIT
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EXHIBIT
"B»
UNIVERSITY MARKETPLACE
PLANNED UNIT DEVELOPMENT NO. 142
THE STATE OF TEXAS §
COUNTY OF WU LIAMSON§
THIS DEVELOPMENT PLAN (this "Plan") is adopted and approved by the CITY OF ROUND
ROCK, TEXAS (hereinafter referred to as the"City"). For purposes of this Plan, the term Owner shall
mean CSTX USX ACCOMMODATION LLC as its respective interests may appear in the respective
portions of the hereinafter described property, and its respective successors and designated assigns. Upon
sale, transfer or conveyance of portions of the hereinafter described property by a respective Owner to a
designated third party owner/developer,the duties and obligations of the respective Owner,as it relates to
the respective property being sold,shall be assigned to and assumed by the new owner/developer,and upon
such sale and assignments of the duties and obligations hereunder, the respective Owner shall have no
further liability relating to the respective property so sold and conveyed.
WHEREAS,the Owner is the owner of certain real property consisting of 31.72 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 Part III, Section 10-22 of the Code of Ordinances of the City of Round Rock,
Texas, the Owner has submitted Development Standards setting forth the development conditions and
requirements within the PUD,which Development Standards are contained in Section II of this Plan;and
WHEREAS, the City has held two public hearings required by law to solicit input from all interested
citizens and affected parties;and
WHEREAS,on October 5,2022 the City's Planning and Zoning Commission recommended approval of
the Owner's application for PUD zoning;and
WHEREAS,the City Council has reviewed the proposed Plan and determined that it promotes the health,
safety,and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned
Unit Development Ordinance of the City;
NOW THEREFORE:
1
I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT STANDARDS
That all uses and development within the Property shall conform to the Development Standards
included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this plan unless all provisions pertaining to changes
or modifications as stated in section II.
3. ZONING VIOLATION
Owner understands that any person, firm, corporation or other entity violating any conditions or
terms of the plan shall be subject to any and all penalties for the violation of any zoning ordinance
provisions as stated in Part II, section 1-9, code of ordinances, city of Round Rock, Texas, as
amended.
4. MISCELLANEOUS PROVISIONS
4.1 Severability
In case one or more provisions contained of this Plan are deemed invalid, illegal or
unenforceable in any respect such invalidity, illegality or unenforceability shall not affect
any other provisions of this Plan and in such event,this Plan shall be construed as if such
invalid, illegal or unenforceable provision had never been contained in this Plan.
4.2 Venue
All obligations of the Plan are performable in Williamson County, Texas, and venue for
any action shall be in Williamson County.
4.3 Effective Date
This Plan shall be effective from and after the date of approval by the City Council.
2
II.
DEVELOPMENT STANDARDS
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning,or as defined in the City of
Round Rock Code of Ordinances,as amended,hereinafter referred to as"the Code."
2. PROPERTY
This Plan covers approximately 31.72 acres of land, located within the City of Round Rock ETJ,
Texas,and more particularly described in Exhibit"A". The property is divided into Parcel I-A,
Parcel 1-B, Parcel 1-C, Parcel 2,and Parcel 3 more particularly described in Exhibit"B".
3. PURPOSE
The purpose of this Plan is to ensure a PUD that: 1)is equal to, superior than and/or more consistent
than that which would occur under the standard ordinance requirements,2)is in harmony with the
General Plan,as amended,3)does not have an undue adverse effect upon adjacent property,the
character of the neighborhood,traffic conditions,parking,utilities or any other matters affecting the
public health,safety and welfare,4) is adequately provisioned by essential public facilities and
services,and 5)will be developed and maintained so as not to dominate,by scale or massing of
structures, the immediate neighboring properties or interfere with their development or use.
4. APPLICABILITY OF CITY ORDINANCES
4.1. Zoning Ordinance
All aspects not specifically covered by this Plan shall be regulated by the MF-3 (Multi-Family
Urban)and the C-la (General Commercial-Limited), as amended. If there is a conflict
between this Plan and the Code,this Plan shall supersede the specific conflicting provisions of
the Code.
4.2. Other Ordinances
All other Ordinances within the Code,as applicable and as amended,shall apply to the Property,
except as clearly modified by this Plan. In the event of a conflict,the terms of this Plan shall
control.
5. CONCEPT PLAN
Exhibit"B"shall serve as the Concept Plan for the project, in accordance with Section 10-26 of the
Code.
6. COMPREHENSIVE PLAN
This development plan amends the Future Land Use Map of the Round Rock 2030 Comprehensive
Plan to provide for mixed land use.
7. PERMITTED&PROHIBITED USES
7.1. Parcels 1-A& 1-C
1) All uses permitted in the C-la (General Commercial-Limited)zoning district, except for
the following uses,which are prohibited:
a) Auto Sales, Rental,or Leasing Facilities
b) Auto Service Facilities
c) Fuel Sales
d) Call Center
e) Funeral Home
3
f) Indoor Shooting and Archery Ranges
g) Shooting and Archery Ranges
Parcel 1-B
All uses permitted in the C-la (General Commercial-Limited)zoning district,except for
the following uses,which are prohibited:
a) Auto Sales,Rental,or Leasing Facilities
b) Auto Service Facilities
c) Call Center
d) Funeral Home
e) Indoor Shooting and Archery Ranges
f) Shooting and Archery Ranges
7.2. Parcel 2
All uses permitted in the MF-3 (Multifamily-Urban)zoning district.The maximum number of
residential units shall 1,550.
7.3. Parcel 3
1) All uses permitted in the C-la (General Commercial-Limited)zoning district,except for
the following uses,which are prohibited:
a) Auto Sales,Rental,or Leasing Facilities
b) Auto Service Facilities
c) Fuel Sales
d) Call Center
e) Funeral Home
f) Indoor Shooting and Archery Ranges
g) Shooting and Archery Ranges
2) The following use shall also be permitted:
a) Self-service storage consisting only of multi-story facilities with internal
access to storage units
8. DEVELOPMENT STANDARDS
8.1. Parcels 1-A, 1-B, 1-C, &Parcel 3
As stated in Section 4.1 above,all development shall meet the applicable standards of the C-la
(General Commercial-Limited)zoning district.
8.2. Parcel
As stated in Section 4.1 above,all development shall meet the applicable standards of the MF-3
(Multifamily-Urban)zoning district,except for the following modifications:
1) Amenities: A minimum of five amenities from the following list shall be provided.
a) Playground equipment.
b) Fenced dog park,to measure no smaller than 1,000 square feet,with minimum
depth 25 feet.
c) Private fitness facility*.
d) Picnic area,to contain no fewer than two tables and cooking grills.
e) Swimming pool.
f) Business center,to contain no less than one computer,printer, fax machine,
copier,and scanner(printer,fax machine,copier,and scanner may be
4
integrated into a single device),available for resident use*.
g) Tennis court.
h) Basketball court.
i) Volleyball court.
j) Kitchen available for resident use*.
k) Social room available for resident use*.
I) Business office for residents.
m) Club house.
n) Lounge area*.
o) Conference room*.
p) Yoga room*.
q) Movie theater for residents.
r) Outdoor fitness facility.
* These amenities may be in the amenity center and each one qualifies toward the
amenity requirement.
2) Building Setbacks
a) The front yard setback shall be a minimum of 10 feet.
b) The rear and side yard setbacks shall be a minimum of 10 feet.
3) Building Height and Compatibility
a) Maximum building height, including the parking structure,shall be 6 stories,
with the following exceptions:
1) Maximum building height within 40 feet of the western property boundary shall
be limited to 2 stories
2) Maximum building height within 80 feet of the western property boundary shall
be limited to 3 stories
3) Maximum building height within 100 feet of the western property boundary shall
be limited to 4 stories or greater not to exceed six stories.
b) A masonry fence shall be required along the western property boundary.
4) Parking
a) A minimum of 90%of the required parking shall be provided within the
parking garage structure. Required residential parking shall be in accordance
with:
i. Studio: I parking space
ii. I-Bedroom: I parking space
iii. 2-Bedroom: 2 parking spaces
iv. 3-Bedroom:2.5 parking spaces
V. Guests: 5%of the total number of required parking spaces
5) Building Design
Buildings shall contain design elements which substantially comply with the depictions
contained in Exhibit"C", including,but not limited to elevation variation,roof pitch
and orientation.
8.3. Parcel 3
1) Building Design for Self-Service Storage
Self-service storage buildings shall contain design elements which substantially comply
with the depiction contained in Exhibit"D", including,but not limited to elevation
5
variation, roof pitch and orientation.
9. CHANGES TO DEVELOPMENT PLAN
9.1. Minor Chances
Minor changes to this Plan change this Plan may be approved administratively, if
approved in writing by the Director of Planning and Development Services.
9.2. 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"—Legal Description
Exhibit"B"—Concept Plan
Exhibit"C"—Multifamily Building Elevation
Exhibit"D"—Self-Service Storage Building Elevation
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112
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UNIVERSITY BLVD
PARCEL 1-A
±9.5 ACRES >�
PARCEL 1-8
LOT±2.25 ACRES
PARCEL 1-C
PARCEL 2 1±3.5 ACRES
±15 ACRES
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±2.0ACRES
EXHIBIT B-CONCEPT PLAN
.W DUNAWAY 5311 UNIVERSITY BLVD&CR 118
ROUND ROCK,TEXAS
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Exhibit 1 Building
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-1 Orl