Z-93-01-28-12F - 1/28/1993 (2)vOL2275 ?A0i230 i fs
Ade L P eGee.Adde.,Q
10883 ORDINANCE NO. Z — 9,3-0/- 028- 101 F
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE
OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND
MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL
ZONING MAP, TO WIT: TO CHANGE THE DESIGNATION OF ROUND
ROCK ORIGINAL PLAT, BLOCK 32, LOTS 1 - 3, A PORTION OF LOT 6,
AND LOTS 7 -11, BLOCK 33, LOTS 1 - 5 AND LOTS 6-8, AND BLOCK 43,
LOTS 9 AND 10, ROUND ROCK, WILLIAMSON COUNTY, TEXAS,
FROM DISTRICT. C -1 (GENERAL COMMECIAL) AND DISTRICT SF -2
(SINGLE FAMILY - STANDARD LOT) TO DISTRICT PUD (PLANNED
UNIT DEVELOPMENT) NO. 7.
OFFICIAL RECORDS
WILLIAMSON COUNTY, TEXAS
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas to amend the Official Zoning Map to change the zoning
classification of the property described in Exhibit "A" from District C -1 (General
Commercial) and District SF -2 (Single Family - Standard Lot) to District P.U.D. (Planned
Unit Development) No. 7;
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 21st day of January, 1993, 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 above described property be changed
from District C -1 (General Commercial) and District SF -2 (Single Family - Standard Lot)
to District P.U.D. (Planned Unit Development) No. 7 and,
WHEREAS, on the 28th day of January, 1993, after proper notification, the City
Council held a public hearing on the requested change, and
WHEREAS, the City Council has determined that substantial changes in
conditicns have occurred which justify the zoning classification change provided for
herein, and
WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A,
I.
VOL 2275P ,E231
Texas Local Government Code, 1990 Edition and Section 11.305(2), Code of Ordinances,
1990 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 COUNCIL OF THE CITY OF
ROUND ROCK, TEXAS:
That the City Council has hereby determined the Planned Unit Development
(PUD) District No. 7 meets the following goals and objectives:
(1) PUD No. 7 is in harmony with the general purposes, goals, objectives and
standards of the General Plan.
(2) PUD No. 7 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.
(3) PUD No. 7 will be adequately provisioned by essential public facilities and
services including streets, parking, drainage, water, wastewater facilities,
and other necessary utilities.
(4) PUD No. 7 will be developed 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 Section 11.305 (2), Code of Ordinances,
1990 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 herebychangehfrom District C -1 (General Commercial) and
• .VOL22'75PAt E
District SF -2 (Single Family - Standard Lot) and shall be hereafter designated as Planned
Unit Development (PUD) No. 7, and that the Mayor is hereby authorized and directed
to enter into the Planned Unit Development (PUD) agreement 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.
Alternative 1.
READ, PASSED,and ADOPTED on first reading this
1993.
Alternative 2.
READ and APPROVED on first reading this the day of
1993.
ATTEST:
2#
g y o
READ, APPROVED and ADOPTED on second reading this the day
of ,1993.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
EXHIBIT A TO
ZONING ORDINANCE NO.
LEGAL DESCRIPTION
Being certain lots and lot portions out of the Round Rock Original Plat as follows:
I.
Currently zoned District C -1 (General Commercial): block 32, Lots 1 -3, a portion of.
Lot 6, and Lots 7 -11; block 33, Lots 1 -5.
II.
vo12275w
Currently zoned District SF -2 (Single Family- Standard Lot): Block 33, Lots 6 -8, and
Block 43, Lots 9 and 10.
v.0 2
L 75r 234 •
EXHIBIT B TO
ZONING ORDINANCE NO.2 - 73-D/ .g_ /Z F.
DEVELOPMENT PLAN AND AGREEMENT
This agreement (" Development Plan") is made the d ay of
1993, between the City of Round Rock, Texas, having its offices at 221 East Main
Street, Round Rock, Texas (hereinafter called the "City"), and The First Baptist
Church of Round Rock, having its offices at 306 Round Rock Avenue, Round Rock,
Texas, 78664 (hereinafter called the "Developer").
WHEREAS Developer has requested a Planned Unit Development from the
City for The First Baptist Church of Round Rock property located within the
incorporated limits of the City of Round Rock and more fully described as follows:
The City of Round Rock Original Plat Block 32, Lots 1 -3, a
portion of Lot 6, and Lots 7 -11; Block 33, Lots 1 -8, and
Block 43, Lots 9 and 10.
AND WHEREAS the Developer, in accordance with Chapter 11, Section
11.316, Code of Ordinances 1990 Edition, City of Round Rock, Texas is required to
submit a Development Plan to the City containing certain terms and conditions for
the use and development of the Property;
AND WHEREAS the City Council has reviewed the proposed Development
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 BY THIS AGREEMENT WITNESSETH that in
consideration of the premises and the conditions and covenants hereinafter set
i { " i
1
JGI,DErH
2
7012275pAcE235
forth, the City and the Developer covenant and agree as follows:
1. DEVELOPMENT AND USES: The Property shall be developed for the
following purposes only: Principal and accessory buildings and uses that relate to
the First Baptist Church of Round Rock; these include paved parking spaces and
maneuvering aisles, as generally shown on the concept plan attached hereto as
Exhibit "A ". The concept plan is hereby incorporated into and made a part of this
Development Plan.
2. GENERAL COMPLIANCE: The Developer shall comply with all the
requirements and restrictions depicted in this Development Plan, and in Exhibit
"C ". Unless specifically waived by this Development Plan or the Planned Unit
Development Ordinance of the City of Round Rock, the Developer shall also
comply with all other applicable ordinances of the City of Round Rock.
3. CHANGES TO THE DEVELOPMENT PLAN: After this Development
Plan has been accepted and approved by the City Council, any substantial alterations
shall be re- submitted for consideration to the City Council following the same
procedure required in the original adoption of this Development Plan. Any minor
alterations to the Development Plan which do not substantially change the concept
of the Planned Unit Development may be approved by the Director of Planning.
4. LAND USE AND BUILDING TYPES: No building shall be erected,
altered or permitted on any lot for a use other than a church or church related use.
Accessory buildings and structures are also permitted, as generally shown on Exhibit
5. PARKING: Parking shall be established as generally shown on Exhibit
VOL 22''5PabE236
6. LANDSCAPING:
3
a. The Developer agrees to install landscape improvements and sprinkler
systems particularly described on Exhibit "A" iri the areas designated on Exhibit "A ".
The landscape improvements and sprinkler systems shall be equivalent of the sum
of twenty thousand dollars ($20,000.00).
b. The parties acknowledge and agree that the Texas Department of
Transportation will begin making certain improvements to Round Rock Avenue
after this Development Plan has been executed by the parties and that the Developer
shall not be obligated to commence the installation of landscape improvements and
sprinkler systems until the Texas Department of Transportation has released the
subject right -of -way following completion of improvements to Round Rock
Avenue. Except as provided below, the Developer shall commence installation of
landscape improvements and sprinkler systems on the subject right -of -way within
sixty (60) days after the date that the right-of-way is released by the Texas Department
of Transportation. The Developer shall complete the such landscape improvements
and sprinkle systems installation within ninety (90) days from the date of its
commencement. In event that the Development submits an application for a
building permit to the City for construction of a building or buildings on property
that abuts the subject right -of -way within sixty (60) days following the date that the
right -of -way is released by the Texas Department of Transportation, then the
Developer may delay installation of landscape improvements and sprinkler systems
so that such installation completed within ninety (90) days after the date of
�C4t . NibI"C 3.
completion of the building or buildings described in the application for building
permit.
c. The City may delay commencement of the installation of landscape
improvements and sprinkler systems by the Developer for up to one hundred
twenty (120) days, to insure that the landscaping is installed by the Developer during
an appropriate planting season.
d. As consideration for the Developer's installation of landscape
improvements and sprinkler systems on the right -of -way of Round Rock Avenue
abutting its property as described above, the City shall adopt the ordinance attached
hereto as Exhibit "B" which vacates and closes that portion or Brown Street lying
between Round Rock Avenue and Austin Avenue more particularly described by
metes and bounds in Exhibit "C ". The City shall adopt the ordinance attached
hereto as Exhibit "B" after Brown Street at its connection with Round Rock Avenue
is blockaded and /or barricaded by the Texas Department of Transportation during its
construction of improvements to Round Rock Avenue so that Brown Street lying
between Round Rock Avenue and Austin Avenue is no longer usable as a through
street for public access.
7. MAINTENANCE OF LANDSCAPING: The Developer shall be
responsible in perpetuity for the maintenance of all landscape improvements,
sprinkler systems and landscaping designated on Exhibit "C ". Maintenance
requirements include: prompt removal of all litter, trash and waste; lawn mowing,
tree and plant trimming; and watering of landscaped areas.
8. TEMPORARY STRUCTURES OR EMPLACEMENTS: No structure or
• - . v0-L2275N „x.23'7
Vol 227 5PAGE 238
a
emplacement of a temporary character, mobile home, trailer, derelict, junk or racing
motor vehicle, or any motor vehicles without a current license tag, or any tent,
shack, barn or other outbuilding shall be erected, placed, driven onto, altered or
permitted to remain on any lot at any time, either temporarily or permanently. No
unenclosed outdoor storage shall be permitted. This provision shall not apply to
vehicles, equipment or temporary structures utilized by Developer, or contractors or
subcontractors when engaged in construction or repair work, or such work as may
reasonably be necessary for the completion of the improvements constructed on the
property.
9. TEXAS WATER COMMISSION: According to State of Texas
requirements, construction plans shall be required to be submitted to and reviewed
by according to the Texas Water Commission ( "TWC') requirements. Utility
designs and water quality ponds shall be approved for this tract according to TWC
requirements prior to construction. This tract is located over the North Edwards
Aquifer recharge zone.
10. FENCES: Required fences shall be of a privacy type construction to be
approved by the Director of Planning.
11. STORMWATER DETENTION: All applicable City of Round Rock
stormwater drainage policies shall be complied with.
12. IDENTIFICATION SIGN: The identification sign as depicted in Exhibit
"A" shall be authorized upon removal of the existing onsite church sign.
13. REPRESENTATION: It is understood and agreed that the City has
made no representations, covenants, warranties, guarantees, promises or
5
voL2275P:f239
agreements (verbal or otherwise) with the Developer other than those in this
Development Plan.
14. RECORDATION: This Development Plan shall be construed as
running with the land and shall be recorded in the official deed records of
Williamson County.
15. INTERPRETATION: Whenever the singular or masculine is used
herein, the same shall be construed as meaning the plural, feminine or body
corporate or politic where the context or the parties so require.
16. AMENDMENT: The terms of this Development Plan may be altered
only in accordance with Section 3 of this Plan.
17. INCORPORATION: All Exhibits referred to are hereby incorporated
into and made a part of this Development Plan.
18. LEGAL AND REGISTRATION FEES: The Developer agrees to pay all
of the legal and recording costs incurred by the City in the preparation and recording
of this Development Plan.
19. BINDING: This Development Plan shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF the said parties to the Development Plan have
hereunto set their hands and seals this 1I T day of � 04 _ 1993.
DEVELOPER
The First Baptist Church of Round Rock
By:
3R. a. me NE2y
B 1JA.Q e��4
6 By
Ci.sGk k /11aAA415t, %Jf
01.2275PA6E240
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on thiso day of fd rof (1993
by //./P/ trustee of First Baptist Church of Round
Rock, a Texas corporation, /on behalf of said corporation.
JEANY JENKINS
NOTARY PUBLIC
State of Texas
Comm. Exp. 08.1196
STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on thisX day of FeApvy, 1993
by 2 , 6.) i /�i 2n n t r/) , trustee of First Baptist Church of Round
Rock, a Texas corporation, on behalf of said corporation.
JEANY JENKINS
NOTARY PUBLIC
State of Texas
ObinfL Exp. 08.11 -96
STATE OF TEXAS
•
•
•
•
' Mary .erate of Texas
y commis on expires:
y commi si. expires:
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of Art `
1993
by Ira n 4_ W. Na� , trustee of First Baptist Church of Round
Rock, a Texas corporation, on behalf of said corporation.
TROY L VOELKER
STD of Texas
,, i; y �� Vs: or •ri to 1 ,. 'y 22 1993
wolf L. VOEUIER
Note/ RI*. 9tsr of Tam
My Commission Expves July 22,1993
7.1
Notary Public, State of Texas
Printed Name:
My commission expires:
CITY OF ROUND ROCK, TEXAS
By: ?'4 1- u' r
Mike Robinson, Mayor
STATE OF TEXAS
COUNTY OF WILLIAMSON .
STATE OF TEXAS
COUNTY OF WILLIAMSON .
//o e(�� CHRISTINE R. MARTINEZ
r /. ��U� Notary Public, State of Texas
My Commission Expires
JUNE 22, 1993
7
VOL22l5PAGE
w ryn2,Tb Prl
This instrument was acknowledged before me on this day of. _ -- ,1993
by , on behalf of The First Baptist Church of
Round Rock.
Notary Public, State of Texas
Printed Name:
My commission expires:
This instrument was acknowledged before me on this day of !Ii WGlAJ 1993
by Mike Robinson, Mayor of the City of Round Rock. (V/
R 4'1
•
Notary Public, Slate,p f Texas
Printed Name: (C/4 xr K. M K. _ �Z
My commission expires:
.c t
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First b4tisT church of Rpund Rost, 1�1 '
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PUD o .
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\ RoU a Rook Ave.
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EXHIBITS
A -1 (Concept Plan)
and
A -2 (Landscape Plan)
ARE ON FILE IN THE
CITY SECRETARY'S OFFICE
CITY OF ROUND ROCK, TEXAS
• VOL 22751'Z :243
VOL 2275PAGE 244
EXHIBIT B
TO DEVELOPMENT PLAN AND AGREEMENT
ORDINANCE NO.
AN ORDINANCE ABANDONING THAT PORTION OF BROWN
STREET LYING BETWEEN ROUND ROCK AVENUE AND AUSTIN
AVENUE; RETAINING A PUBLIC UTILITY EASEMENT; PROVIDING
FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
THAT:
OR01283F
I.
The City Council of Round Rock, Texas, after due investigation
and consideration, has determined that the nature and extent of the
public use and public interest warrant the abandonment of that
portion of Brown Street as described in this ordinance.
II.
That portion of Brown Street lying between Round Rock Avenue
and Austin Avenue and more particularly described by metes and
bounds in Exhibit "A ", said exhibit being attached hereto and made
a part of this ordinance, is hereby abandoned, vacated and closed
insofar as the right, title or easement of the public is concerned.
The City Council has determined that this portion of Brown Street
is no longer required for public access and the public interest
will be served by this abandonment. There is however, a public
utility easement hereby reserved across the entirety of the
abandoned portion of Brown Street.
III.
That the abandonment provided for herein shall extend only to
the public right, title and easement in and to the tracts of land
described in Part I of this ordinance, and shall be construed only
to that interest the governing body of the City of Round Rock may
legally and lawfully abandon.
rv.
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.
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 , 1993.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1993.
READ, APPROVED and ADOPTED on second reading this the
day of , 1993.
ATTEST:
JOANNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
2.
von 2275Pm245
VOL2275PAGE
I Peb ERHIBIT.0
TO DEVELOPMENT.PLAN..AND AGREEMENT '
(Page 1)
FIELD NOTES
BEING a part of the Original Town of Round Rock, Williamson County, Texas,
according to the maps or plats thereof recorded in Volume 20, Page 224 and
Volume 25, Pages 314 -315, Deed Records of Williamson County, and Cabinet A,
Slide 190, Plat Records of Williamson County, being all that part of Brown
Street bounded on the north by Austin Street, on the east by Block 33, on the
south by Round Rock Avenue, and on the west by Block 32 of the Original Town
of Round Rock, said portion of Brown Street being more particularly described
by metes and bounds as follows, to wit:
BEGINNING at an iron rod found at the southeast corner hereof, said iron rod
being the southwest corner of Lot 5, Block 33, Original Town of Round Rock,
and being the intersection of the north line of West Liberty Street and the
east line of Brown Street; 7
THENCE N 80° 54' 56" W a distance of 89.64 feet with the north 11ne of Round
Rock Avenue to an iron rod found at the southwest corner hereof, said iron
rod being the southeast corner of Lot 1, Block 32, Original T vn of Round
Rock, and being the intersection of the north line of Round Roc Avenue and
the west line of Brown Street; . •
THENCE N 17° 21' 12" W a distance of 230.00 feet with the west line of Brown
Street and the east line of said Block 32 to an iron rod found at the
northwest corner hereof, said iron rod being the northeast corner of Lot 11,
Block 32, Original Town of Round Rock, and being the intersection'`of the west
line of Brown Street and the south line of Austin Street;
THENCE N 72° 35' E a distance of 79.97 feet with the south line of Austin
Street to an iron rod found at the northeast corner hereof, sgid iron ro.1
being the northwest corner of Lot 6, Block 33, Original Town of'Round Rock,
and being the intersection of the south line of Austin Street and the east
line of Brown Street;
THENCE S 17° 25' E a distance of 270.00 feet with the east line of Brown
Street and the west line of said Block 33 to the Place of Beginning,
containing 20,027 square feet of land.
/ J� /�_� �cC/
Stan Coalter, RPS, LSLS
12 -30 -92
l il STAN , JCMLTER
'1,'.."-o, 1 481 , :
0 " SUR`l
EXHIBIT C
Patd 2
SKETCH TO ACCOMPANY FIELD NOTES
PT. of the Original Town of Round Rock, Vol. 20, Pg. 224,Vol.25,Pg.3I4-
315, Deed Records Williamson Co.,Cabinet A,Slide 190, Plat , Records
Williamson County, Texas
0- DENOTES IRON ROD FOUND
12 -30.92
I I
6 Abandoned Alley
o ORD # 247 12-6.73
AUSTIN STREET
N 72 °35'E
s
00 es
Bf6 /N /N6 PO /NI
FOR F /510 NOTES
5
t-
WEST LIBERTY STREET
V L-22
STATE OF TEXAS COUNTY OFVALLIA? SOPJ
1 hereby certify that this instrument was FILED
on the date and at the time stamped hereon
by me, and was duly RECORDED in the Volume
and Page of the named RECORDS R f i lia son
C Texas, as stamped So
G
COUNTY CLERK
WIILLIAMSON COUNTY, TEXAS
'VOL ' FG+25`tP„i,E69O
The City Co ncil of Round il2o
and considerat'on, has determin
BE IT ORDAINED BY 1: COUNCIL OF THE CITY O '1 . 1 ROCK, TEXAS,
THAT:
AN ORDINANCE AB t+ •NING THAT PORTION OF BROWN
STREET LYING BETW ' ROUND ROCK AVENUE AND AUST
AVENUE; RETAININ c ; LIC UTILITY EASEMENT; ' R e VID YNG
FOR A SAVING AUS' AND REPEALING O;.l• 1 G
ORDINANCES 0 OLUTIONS.
public use a . public intere
portion of Brown Street as
That port
and Austin Avenue
bounds in Exhibit
a part of this
insofar as the
c r
The City Cou
is no lon
OR01283F
TO„-DEVELOPMENT PLAN AND AGREEMENT
ORDINANCE NO.
I.
d
as, after due investigation
th nature and extent of the
t the abandonment of that
in this ordinance.
eet lying between Round Rock Avenue
particularly described by metes and
d exhibit being attached hereto and made
e, is hereby abandoned, vacated and closed
t, title or easement of the public is concerned.
determined that this portion of Brown Street
red for public access and the public interest
will b y this abandonment.
utili nt hereby reserved across the entirety of
abandone . p tion of Brown Street.
III.
That the abandonment provided for herein shall extend only
There is however, a public
the
to
the public right, title and easement in and to the tracts of land
described in Part I of this ordinance, and shall be construed only
to that interest the governing body of the City of Round Rock ..ay
legally and lawfully abandon.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section •r provision of this
ordinance shall not invalida - - sections or provisions
thereof.
Alternative 1.
By motion duly m. e, seco .-d nd passed with an affirmative
vote of all the Counci embers present, the requirement for
reading this or
REA
Alternative 2.
993.
READ and OVED on first reading this the
, 1993.
APPROVED and ADOPTED on second reading this the
d of , 1993.
ATTEST:
City Secretary
N.
V LL2254P„C,E 691
tw• separate days was dispensed with.
ADOPTED on first reading this ( o day
day of
MIK NSON, Mayor
Cit o' •ound Rock, Texas
k e- - Iched
City of Round Rock _
Planning Department
221 East Main Street '
Round Rock, Texas 78664 °
q
10883
FILED FC f'D..:1
11.11ANtS's."i TX.
26 PI1 3: 47
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