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Z-93-12-09-9D - 12/9/1993ORDINANCE NO. 2 - 5 - 0-09 - p Rocking Horse Village Apts. 9.692 acres C -1 to MF 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 9.692 ACRES OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297 SITUATED IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C -1 (GENERAL COMMERCIAL) TO MF MULTI - FAMILY). 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) to District MF (Multi - Family); 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 2nd day of December, 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) to District MF (Multi- Family) and, WHEREAS, on the 9th day of December, 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 conditions have occurred which justify the zoning classification change provided for herein, and WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code, 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, Dpt Misc./Olds/C-1 to MF Rocking Hone NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 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 is hereby changed from District C -1 (General Commercial) to District MF (Multi - Family). 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. 01' READ, PASSED,and ADOPTED on first reading this day of CP P1,.1993. Alternative 2. READ and APPROVED on first reading this the day of 1993. of 1993. READ, APPROVED and ADOPTED, on second rea Dpt. MLe /On1e /G1 to MF Reeling Huse II. 2 Rocking Horse Village Apts. 9.692 acres C -1 to MF the day CHARLES CULP. PP , Mayor City of Round Rock, Texas EXHIBIT A FIELD NOTES FOR 9.692 ACRES FIELD NOTES describing a 17.672 acre tract or parcel of land Out of the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas being situated in the City of Round Rock, Texas and being also a part of that certain 17.84 acre tract conveyed to The Hanlets Corporation in Volume 1010, Page 627 of the Deed Records of said County and being more particularly described by metes and bounds as rcllows: BEGINNING at a concrete monument set in the South right -of -way of U.S. Highway No. 79, from said corner the Southwest cc,rne: of said P.A. Holder Survey bears S21 ° 24'21 "W, 8187.28 feet, also being the Northeast corner of that certain 7.85 acre tract conveyed to Billy C. Davis in volume 523, Page 88 of the Deed Records of said County and being the Northwest corner and POINT OF BEGINNING of the hereinafter described tract of land; THENCE with the South right -of -way of U.S. Highway No. 79, for the North line hereof, N ° 50'00 "E, 739.25 feet to an ::on pipe found for the Northeast corner hereof; THENCE departing the South right - of - way of U.S. - nest 1:ne_of that certain 5.84 acre tract conveyed E W. Meiske the Volume 589, Pace 291 of the Deed Records of said County, for the East line hereof as fenced and occupied upon the ground, the following two (2) courses: 1) S00 °30'31 "E, 727.89 feet to an iron pin found for an angle point in the East line hereof; 2) S16 ° 31'51 "w, 434.58 feet past an iron pin fo.::;d on the North bank of Brushy Creek in all 541.2 t ^ heet an fro, Lin set in the approximate centerline of Brushy Creek for the Southeast - ..._..z_ hereof; THENCE with the approximate centerline of Brush:, Creek for the South line hereof, the following four (4) courses: 1) N50 ° 56'49 "w, 39.03 feet to an iron pin set South line hereof; and angle point in the 2) N64 °45'49 "w, 179.62 fee: tc an i:cn pin se: South line hereof; an angle Point in he 3) N66 °32'12 "w, 268.46 feet to an iron pin. South line hereof; an uic an ;:oi,nc ,.i:e 4) N69 ° 03'49 "ti, 235.07 feet to an iron pin se .oc the Southwest corner hereof: - ' THENCE leaving the approximate centerline of rz , t Creek for the t(2 line hereof as fenced and occupied upon the the following two (2) 1) N09 ° 15'49 "E, 25.84 feet pas: a 600 nail found :n the base of an Oak tree in all 621.73 feet to an iron p`n a an angle point in the West line hereof; found = 2) 0'33 " N06 °1W, 237.33 feet :o , °,� ^.e rG ?NT OF __. _:;;: ?NG containinc 17.672 SAVE AND EXCEPT; FIELD NOTES describing a 7.98 acre tract or parcel of land out of the P. A. Holder Survey, Abstract No. 297, situated in Williamson County, Texas, being a portion of that certain 17.84 acre tract of land conveyed to The Hamlets Corporation by deed recorded in Volume 1010, Page 627 of the Deed Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING FOR REFERENCE at an iron pin found in the south right -of -way line of U. S. Highway No. 79 (Taylor Avenue), being the northwest corner of said 17.84 acre tract; thence along the west line of said 17.84 acre tract, S06 °10'22 "E, 237.33 feet and S09 °16'W, 305.28 feet to a, :point for the northwest corner and POINT OF BEGINNING of the hereinafter described 7.98 acre tract; THENCE along the north line hereof, the following three (3) courses: 1.) N74 °5 ='17 "E, 369.73 feet to a Point of Curvature hereof; 2.) along the arc of a curve to the left having elements of delta= 119 °54'42 ", radius= 60.00 feet, arc= 125.57 feet, tangent= 103.74 feet, chord and chord bearing= 103.88 feet, S75 °03'04 "E to a Point of Tangency hereof; 3.) S45 °00'25 "E, 382.05 feet to a point in the east line of said 17.84 acre tract, for the northeast corner hereof; THENCE along the east line hereof, S16 °30'35 "W, 374.24 feet to a point in the approximate centerline of Brushy Creek, for the southeast corner hereof; THENCE along the approximate centerline of Brushy Creek, for the south line hereof, the following two (2) courses: 1.) N80 °19'W, 241.54 feet to an angle point hereof; 2.) N64 °58'W, 479.66 feet to a point for the southwest corner hereof; THENCE departing said centerline of said Brushy Creek, for the west line hereof, N09 °16'E, 320.02 feet to the POINT OF BEGINNING of the herein described tract, containing 7.98 acres of land. I) 2) DATE: hlov 11 1993 To the City Council: •-1FFP,E1 DRINKARD By ��rFNDERACI4 { ASSOC. Inc. (name of present owner) (name of agent) / hereby make(s) application to the City Council of the City of Round Rock for change in zoning designation of the property desmbed below: //�� FROM C-I GE'/✓. ec,,,ERCIAL District (present zoning classification) TO M F Mutr1F "RE'S. District (present proposed classification) for the purpose of Cot.isrRvcrttd e. AN APARTMENT Cetipce'j( Land area of property to be rezoned: 9. 6 Af•re.t PROPERTY DESCRIPTION: • Desrnbe only the property to be rezoned using either metes and bounds or subdivision reference_ 9. , 9.9 acres out of the P. A..Noc Re. Survey. A-.Z97 (or) Subdivision; Lot - Block (and /or) Street Address (es) of the Property . Volume and Page of deed(s) which conveyed the property to the present owner. Volume c2O Q 9 Page 433 , 17, S 3$ acres. Type of Ownership: V Sole Owner Community Property; P ership; Corporation; Trust. 0 WNER -S — AGENT'S SIGNATURE — IGNATURE . . /' rY /9 C 4f4 .'OS . (mailing address) (mailing address) R'e o Roe"' 7x 7S • 6 G Ausr /.✓ Tx . 78 7.2 (zip code) (zip code) TELEPHONE .< - 8 ti9 If ownership is other than sole or community property, name the partners; principals, beneficiaries, etc___ respectively: Planning and Community Development APPLICATION FOR ZONING CHANGE CITY OF ROUND ROCK (name) (position) • (address) (zip code) (name) (position) (address) (zip code) 84 Acreage: Survey: ZONING APPLICATION Rocking Horse Ranch PUBLIC HEARING AND ZONING RECOMMENDATION 1 DATE OF REVIEW: December 2,1993; (P&Z) December 9,1993 - City Council APPLICATION NUMBER: 93 -5033 REQUESTED BY: Jeffrey Drinkard, owner DESCRIPTION: 9.692 acres of land P.A. Holder, Abstract No. 297 LOCATION: South side of U.S. Highway 79 at FM 1460 Rocking Horse Ranch 93 -5033 ADTACENT LAND USE: North: FM 1460 South: MF (vacant) East and West: C-1 LAND USE POLICY: Industrial Development EXISTING ZONING: District C -1 (General Commercial) REQUESI'hD ACTION: Rezone to District MF (Multi - Family) ASSESSMENT: In the mid -80's the southern portion of this tract was successfully rezoned to District MF. At this time, the new owner wishes to expand the MF zoning across the entire tract (from Brushy Creek north to U.S. Highway 79). This is a sensible proposal which would likely result in a bigger and better multi- family project — one that would make effective use of the Brushy Creek frontage. RECOMMENDATION: Approval of rezoning to District MF (Multi- Family residential) 2 DATE: December 7,1993 SUBJECT: City Council Meeting, December 9,1993 ITEM: 9.D. Consider an ordinance to rezone 9.692 acres of land from District C -1 (General Commercial) to District MF (Multi Family). (Rocking Horse Village Apartments) (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval On Thursday, December 2, 1993, the Planning and Zoning Commission recommended approval of the requested zoning change.