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Z-93-12-09-9F - 12/9/1993 (2)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 P.U.D. (Planned Unit Development) No. 9; 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 P.U.D. (Planned Unit Development) No. 10 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, 1990 Edition and Section 11.305(2), Code of Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices, hearings, and other • ORDINANCE NO. z 93- I-2-09- 9 F Dept hMisc /Ords. /G1 to PUD No.10 1 f 1 Heritage Center PUD No. 10 1754 Acres 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 17.54 ACRES OF LAND, LOTS 5, 6, 7 AND 8, HERITAGE CENTER SUBDIVISION, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C -1 (GENERAL COMMERCIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 10. procedural matters has been fully complied with, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Dept /ora,. /ca to PUD nu. 10 2 I. Heritage Center PUD No. 10 17.54 Acres That the City Council has hereby determined the Planned Unit Development (PUD) District No. 10 meets the following goals and objectives: (1) PUD No. 10 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (2) PUD No. 10 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. 10 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (4) PUD No. 10 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 hereby changed from District C -1 (General Commercial) and shall be hereafter designated as Planned Unit Development (PUD) No.10, and that the Mayor Dot 10c. /onis. /a1 to PUDNo.10 3 Heritage Center PUD No. 10 17.54 Acres 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 th I day of N (' 6- 11.,P)C' t 1993. Alternative 2. READ and APPROVED on first reading this the day of 1993. READ, APPROVED and ADOPTED on second readin: this the day of ,1993. CHARLES CUL PP , Mayor City of Round Rock, Texas EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center HERITAGE CENTER DEVELOPMENT PLAN PUD Number 10 Exhibit " B to City of Round Rock Ordinance No. 2- -)d- 0 _G (' This exhibit contains 1 13 pages This agreement ("Agreement ") is made the "1 A411 day of , 19 a l 3, between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas, (hereafter called the "City") and HF2M, Inc., A Texas Corporation, its successors and assigns, whose address for purposes hereof is 910 Heritage Center Circle, Round Rock, Texas 78664 (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean HF2M, Inc., its successors and assigns; provided, however, upon the sale , transfer or conveyance of portions of the hereinafter described property, the duties and obligations of HF2M, Inc. as to such property shall be assigned to the new owner, and HF2M, Inc. shall have no further liability relating to such property. WHEREAS the Owner has requested a planned unit development from the City for the development of 17.54 acres of land for a 336 unit multi - family residential development on a tract of land located within the corporate limits of the City and more particularly described in Exhibit "A" attached hereto and made part hereof (hereinafter called "the Land "); and, WHEREAS the Owner, in accordance with Chapter 11, Section 11.316 (8), Code of Ordinances, City of Round Rock, Texas, has submitted the development plan set forth in this Agreement ( "Development Plan") to the City containing terms and conditions for the use and development of the Land; and, WHEREAS the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the City has held two public hearings required by law on December 2, 1991, and December 9, 1993 to solicit input from all interested citizens and affected parties; and, WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on December 2, 1993;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; and WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Owner covenant and agree as follows: 1. LIENHOLDER CONSENT PUD No. O The lienholder of record has consented to this agreement and any dedications agreed to herein. The lienholder consent is attached hereto as EXHIBIT "B ". 2. DEVELOPMENT AND LAND USE The lands shall be developed for multi- family uses as generally shown on the plan attached hereto as Exhibit "C ". 2 The development of this area shall consist of a maximum of 336 residential dwelling units together with parking, a rental office, recreational amenities, and other accessory uses. The development may be constructed in phases. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed density of 20 units per acre calculated for the entire site. 4. SITE PLAN AND BUILDING MASSING APPROVALS 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum setback requirement for all residential dwelling units from Palm Valley Boulevard shall be 35 feet. 4.1.2 Driveway access to the lands from Palm Valley Boulevard shall be limited to one access points as generally shown on Exhibit "C ". This access shall be designed to prohibit left turns onto PalmValley Boulevard until such time as a traffic signal is installed at the intersection of Palm Valley Boulevard and Heritage Center Circle. 4.1.3 Dumpster locations and screening shall be shown on site plans submitted to the Development Review Board. 4.1.4 Details of the postal delivery facilities shall be shown on site plans submitted to the Development Review Board. 5. FENCING 5.1 The Land shall be screened from Palm Valley Boulevard by providing a landscaped berm and/or a masonry and weather resistant metal or wood wall system a minimum of 5 feet in height. (Masonry excludes common cinder block and metal excludes chain link fencing). Any wood components must form part of a professionally designed fence which has been approved by the Director of Planning. 5.2 Plans for screening shall be provided to the Development Review Board for approval as part of the Site Plan. 5.3 All fence post shall be anchored in concrete and shall be constructed of masonry or weather resistant metal. Footings shall be a minimum of 12 inches in diameter and twenty inches in depth. 6. PARKLAND DEDICATION AND AMENITY AREAS 6.1 The parkland dedication requirements for the development for the Land shall be met in full by providing an amenity area which includes a swimming pool and club house as generally shown on Exhibit "C" for use of residents of the Land. 6.2 The Owner may construct water front amenities along Brushy Creek including a dock as generally shown on Exhibit "C" subject to the approval of the Flood Plain Administrator and the Director of Parks and Recreation. 3 7. UNDERGROUND ELECTRIC AND UTILITY LINES Except where approved in writing by the Director of Planning and the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. 8. FILTRATION AND DETENTION 8.1 The Land is situated over the Edwards Aquifer Recharge Zone. The Owners will provide the storm water filtration required either on site or immediately adjacent on the parcel shown on Exhibit "D ". 8.2 Detention shall be provided by the contribution of $1,600 per acre to the Regional Detention Fund. 9. OFF STREET PARKING REQUIREMENTS Alternative Parking Standards are hereby approved as follows: 9.1 Parking stalls shall measure a minimum of 9 feet by 18.5 feet. No provision for small car spaces shall be available to the development. 9.2 The number of parking spaces provided on site shall be as follows: 9.2.1 One bedroom units 1.5 spaces 9.2.2 Two bedroom units 2.0 spaces 9.2.3 An additional number of spaces shall be provided for guest parking in an amount equals to 5% of required unit parking. 9.2.4 Units containing three or more bedrooms shall provide 3 parking spaces. 10. EXTERIOR FINISH Exterior finish of all buildings shall be 90% stucco, masonry or a combination thereof. Roofing materials shall consist of roofing tile or an equivalent material approved by the Director of Planning. 11. HEIGHT Residential structures shall consist of 2 and 3 story buildings. 12. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for each phase of development. These Restrictions shall specifically provide for the following: 12.1 Vehicle Parking. The Owner shall restrict, limit, or prohibit the use of any driveway or parking area which may be visible from Palm Valley Boulevard. as parking place for commercial vehicles, trailers, recreational vehicles, self- propelled motor homes, or boats. 4 13. APPLICABILITY OF CITY ORDINANCES 12.2 General Signage Standards. All signs visible from Palm Valley Boulevard shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a sign is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made within five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged to the sign owner. Prohibited signs include bench signs; billboards; banner signs; signs with flashing or blinking lights or mechanical movement; dayglo colors; signs that make or create noise; animated or moving signs; exposed neon illumination; painted wall signs; pennants; trailer signs; signs with beacons, and any sign that obstructs the view in any direction of an intersection. 13.1 Zoning and Subdivision. The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 13.2 All Other Ordinances. All other City Ordinances shall apply to the land except where clearly modified by this Agreement 14. COMPATIBILITY This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 15. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council, any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development may be approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his sole discretion, determine what constitutes a substantial change. 16. DEFINITIONS Definitions shall be standard definition as defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 17. EXHIBITS Exhibits "A" through "D" attached are part of this Agreement 18. ENTIRE AGREEMENT AND MODIFICATIONS This Agreement, the Development Agreement, and the Land Use Agreement, as the same may be amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither the Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the City or its designated representative, as set forth 5 herein, and the then Owner of the portion of land affected by such waiver, modification, amendment, discharge or termination. 19. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 20. CAPTIONS The captions in this Agreement are inserted for convenience of reference only and in no way defme, describe, or limit the scope or intent of this Agreement or any of the provisions hereof. 21. SEVERABILITY If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and shall not invalidate this Agreement. In such an event, such illegal, invalid, or unenforceable provision shall be replaced with a provision Which as nearly as possible fulfills the intent of the severed provision, but is not illegal, invalid, or unenforceable, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 22. GENDER OF WORDS Words of any gender shall include the other gender where appropriate. 23. BINDING EFFECT This Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. 24. STATUS OF PARTIES' RELATIONSHIP Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. 25. COUNTERPART EXECUTION This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument 26. AUTHORITY Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. 6 ATTEST: 1 Al AI 11 Al 7 CITY DATE' HF2M, Inc. A Texas Company DATE. R c..L 7 J 9 93 THE STATE OF TEXAS COUNTY OF HARRIS Thi instrument was acknowledged befog., me on the 7 day of i tovIh -- , 1993 by Lew-e JY,iI , , Pacific Southwest F.S.B, on behalf of said corporation. /fu'Fh 'tom *jolt BECKY ELIZABETH CHENEY Notary Public, Sbt. of Texas Air Commiaion Expires 60691 Commission Expires: 6747 8 Pacific Southwest Bank, F.S.B. DATE- l a- (77q R el4 o e otary Pu c, State of Texas Name Printed• ,deck] E1i2u i ( *he(/ THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the C \ ‘c'" day of �aR Q,rri h— , 1993 by Charles Culpepper, Mayor of the City of Round Rock, Texas. VIRGINIA M. MORENO • ! Hotary Public, State of Texas MyCotnittcn EsOrea Jan.'11, 1996 BECKY ELIZABETH CHENEY Notary Public. State of Texas My Commission Expires 8-0697 \J IAc u Qhe�e� 9 Notary Public, State of Texas Commission Expires; Name Printed. THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 7 day of on b Pr4 , (4n�?Pir 1993 by Jeffrey Drinkard, President, HF2M, Inc., A Texas Company, ehalf of said corporation. tary lic, State of Tex Commission Expires: C /n f 47 Name Printed: fiecrc.!/ i /, aake# (A (M ey EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center Exhibit B Lienholders' Consent State of Texas County of Williamson know all men by these presents that we, _ Y 'A OSELF W. H. Mosley Compan being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is recorded in Vol. Page of the Official Records Williamson County, do hereby consent to the Development Agreement, the PUD Zoning Designation, and the recording of this Agreement in the Official Records of Williamson County. State of 1 DA ND My Commission Expires: Witness my hand this .� 7 day of•Deeer 1999 County of This instrument was acknowledged before me on the day of fi b., to ALE y Notary Public, State of T 7)A41 Printed Name: C iO_-IlYI A m . 1 TL' H-E LL r�E$I�r J l ©rsE- HERITAGE CENTER 336 1AULTI-FARILY I2101 Round Rook, Toms Woolf EXHIBIT C -------------- -----_________ r1-----.. 'k ...::4...-.1 a --- :' - ---------,,_______ -.'-7-•'."---";* <se -----..,--; 'it. : =-- __....._ :. ‘ : +:;•-f -,i'!"-AZ..44'1' HERITAGE CENTER HF2M,Inc. Round Rock, Texas BLDG. CLUSTER OPEN AREA HERITAGE CENTER HF2M,Inc. Round Rock, Texas BLDG. CLUSTER OPEN AREA volleyball, basketball, etc. HERITAGE CENTER HF2M,Inc. Round Rock, Texas x � ' � =•Tn i, e�a� -A.w•w a•-ros r)t! ...Aro Lnr 1 d c•)• O ('4-IERITAGE 'CENTER • ' i 144 + ++w;n. o rsuv I ac� E. Gar I,, ;\ I = 4. y: \ s x M .e.',0 r :: \ ^ �4°J m)cw.c✓r 1 y J ;; ; N s .. I a..w r2a61 CoMES »4]4 x. _ " 446 °'Oxt nH6 t1~x1.0 u 54 o 16.64 sitss c r 24.16 .ar or sr Sr or SS' 60 02 54.65 54.1] Sr so sr6 16 60.00 29 1413 6 15 • 2e 2e 22 dr 200.00 141.01 1.1] rc H.11 11 Sry 14.14 x51 1124 224 MOO 24559 • _C20 6000 1120 , S x: x6115'05 Neo�a + f Gos 2. CU VA. MO TIM MOTESTADT EDISCOSAL CSURCII Or ME DIOCESE OP ITEM 46606 LE24111116 ] 11 1/5 us= 10. Of CM.: o 222 STAMM: 922.50. 11/05/1993 15:44 . 512258P,n19 2) STENDEBACH & ASr. PAGE 01 Planning and Community Development APPLICATION FOR ZONING CHANGE CITY OF ROUND ROCK DATE: November B. 1993 To the City Coune)b HF2M. Inc., and Pacific Southwest Bank B Stendebach &Associates, Inc. P Re reaent ��ir mwl (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 described below: FROM r -1 operrel f:nmmereist District (present zoning classification) TO Planned Unit Development DiSlsict (present proposed classilxation) for the purpose of constructing, an apartment complex Land area of property to be rezoned: 17. S`f Ac-res PROPERTY DESCRIPTION: . Describe only the property to be rezoned using eithe metes and bounds or subdivision reference. acres out of the Survey. (or) Heritage Center Subdivision; Lot 5,6,7,8. Block (and /or) i nns Hari I' Ago ranrer ( rrl, Sheet Address (es) of the Pmpeay Volume and Page of deed(s) whkh conveyed the property to the present owner: Voltime 1.2 77 Page 641 - p . r 1 /.4 t 9 ${. 4 acres- 11 VI) Type of Ownership: Sole Owner; Community Property; Partnershi . • XX Corporation; Trust. OWNER'S \ _ ._ AGENT'S SIGNATURE SIGNATURE. 8519 Cahi 1 Drive; Suite 805 . _910 Aprirgyv . - sir (realms address) Austin. Texas 78729 (zip code) pnl,.,a uncb TnYAQ 7RAAA (zip Cade) TELEPHONE 258-8419 If ownership Is other than sole or community property, name the partners; principals, beneficiaries, etc..`. respectively: 1) raffray nptnlrfr @. President. 910 Heritage center Circle. Round Rock, Tx. 78664 (name) (position) - , (address) (zip code) • (name) (position) (address) (zip code) 84 ZONING APPLICATION General Plan Amendment PLanned Unit Development (P.U.D. # 10) Heritage Center PUBLIC HEARING AND ZONING RECOMMENDATION a Cr e n f,QO GI. CT ti St' 7:e" LQC,4T /OA/ MAP DATE OF REVIEW: December 2,1993; (P&Z) December 9, 1993 - City Council APPLICATION NUMBER: 93 -5506 REOUES "1'ED BY: HF2M Inc. DESCRIPTION: Acreage: 17.54 Acres of land LOCATION: This tract is located on the south side of Palm Valley Blvd. just east of Mays Ave. 1 Heritage Center PUD #10 93 -5506 ADJACENT LAND USE: South: Brushy Creek East: Commercial North: Palm Valley Blvd. then Single Family Residential West: Vacant LAND USE POLICY: EXISTING ZONING: REOUESTED ACTION: ASSESSMENT: RECOMMENDATION: Commercial C -1 Commercial Rezone to Planned Unit Development district MF (Multi - Family residential) Developer has submitted a land use which creates less of a traffic demand than the existing commercial zoning permits. The proposed plan incorporates many amentities and guarantees, in regards to quality of development, which could not be obtained under traditional zoning and development regulations. Approval of rezoning to Planned Unit Development - MF (Multi - Family residential) 2 DATE: December 7,1993 SUBJECT: City Council Meeting, December 9,1993 ITEM: 9.F. Consider an ordinance to rezone Lots 5, 6 7, and 8, Heritage Center Subdivision from District C -1 (General Commercial) to District Planned Unit Development (PUD) No. 10. (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. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas, do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of �1 th the City of Round Rock, Texas, at a meeting held on the « T day of 19 9°J which is recorded in the minutes of the City of Round Rock in Book 33 . CERTIFIED b my hand and seal of the City of Round Rock, Texas on this / Sr day of �L(dfi , 19 9 C©py DOC# 9532990 4 41' j ij , /i ANNE LAND, Assistant City Manager/ City Secretary - OFFICIAL RECORDS WiWA1ISON COUNTY, TEXAS f' ooc# 953x990 ORDINANCE NO. Z-95-07-,?7-10D AN ORDINANCE AMENDING ORDINANCE NO. Z- 93- 12099 -F, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON DECEMBER 9, 1993, BY AMENDING EXHIBIT "B ", THE DEVELOPMENT PLAN OF PUD NO. 10, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, SAID AMENDMENT TO ALLOW PHASED CONSTRUCTION, ALTERING MINIMUM SETBACKS, ALLOWING THREE STORY STRUCTURES ALONG PALM VALLEY BOULEVARD, ALLOWING CONSTRUCTION OF CARPORTS, ALLOWING ADDITIONAL SIGNAGE AND REPLACING EXHIBIT "C" OF SAID DEVELOPMENT PLAN WITH A NEW EXHIBIT "C ", PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on December 9, 1993, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z- 93- 12099F, which established PUD No. 10, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Development Plan, which is Exhibit "B" of PUD No. 10, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -93- 12099F on the 12th day of July, 1995, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z- 93- 12099F be amended, and WHEREAS, on the 27th day of July, 1995, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z- 93- 12099F, and K: \ORDINANC \OR50725D.NpD /cdc WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z 93 12099F promotes the health, safety, morals and general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, 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: I. That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #10 meets the following goals and objectives: (1) The amendment to P.U.D. #10 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #10 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #10 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. 2. II. That Section 2 of Exhibit "B" of PUD No. 10, as approved in Ordinance No. Z- 93- 12099F, is hereby amended to read as follows: 2. DEVELOPMENT AND LAND USE 2.1 The lands shall be developed for multi - family uses as generally shown on the plan attached hereto as Exhibit "C ". The development of the area shall consist of a maximum of 336 residential dwelling units together with parking, a rental office, recreational amenities, and other accessory uses. 2.2 The project is to be constructed in phases. The phasing shall be in accordance with the phasing plan attached hereto and incorporated herein as Exhibit "E ", said plan indicating which buildings will be accepted at certain dates and according to certain schedules. That Section 4.1.1 of Exhibit "B" of PUD No. 10, in Ordinance No. Z 93 12099F, is hereby amended to read 4.1.1 The minimum setback requirements for all dwelling units from Palm Valley Boulevard feet. 3. as approved as follows: residential shall be 30 IV. That Section 4.1 of Exhibit "B" of PUD No. 10, as approved in Ordinance No. Z- 93- 12099F, is hereby amended by adding a new Section '4.1.5, which shall read as follows: 4.1.5 Three (3) story structures shall be allowed along Palm Valley Boulevard, provided said structures meet the 30 foot building setback requirements as stated in Section 4 :1.1, above. V. That Section 9 of Exhibit "B" of PUD No. 10, as approved in Ordinance No. Z- 93- 12099F, is hereby amended by adding a new Section 9.3, which shall read as follows: 9.3 Carports may be located within the PUD and shall be a single post flat roof design, with metal roofs painted to match adjacent buildings, said design to be as shown in Exhibit "G ", attached hereto and incorporated herein. VI. That Section 12 of Exhibit "B" of PUD No. 10, as approved in Ordinance No. Z- 93- 12099F, is hereby amended by adding a new Section 12.3, which shall read as follows: 12.3 Additional Signage. In addition to the signs allowed in Section 12.2 above, a sign indicating the project name and address, may be located at the corner of Heritage Center Circle and U.S. Highway 79, said sign being as depicted in Exhibit "F ", attached hereto and incorporated herein. VII. That the site plan, Exhibit "C ", attached to the Development Plan, Exhibit "B" of PUD No. 10, as approved in Ordinance No. Z- 93-12099F, is hereby amended by replacing said Exhibit "C" with a new Exhibit "C ", which reflects the site plan currently under construction on said site, said new Exhibit "C ", being attached hereto and incorporated herein. VIII. 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. 4. 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 r with. READ, PASSED, and ADOPTED on first reading this Q( / - day of &. , 1995. Alterative READ and APPROVED on first reading this the day of , 1995. READ, APPROVED and ADOPTED on second reading this the day of , 1995. ATTEST: 5. E r r r L ;11 si utLt POOL. tiir SAND VOLLEYB COURT OV TENNIS COURT 0 CENTER HI SPA 4 Atti i ems© ova 47 4 kik) Olt? E3E1 CM V BRU CREEK NATURE SHY TR an INLABLAIRPO STcnuae DOWNS Mr. COMM .ro.r.a ocwn.orr Or TWO( LCHTTCOT a OALTON PHASNG PLAN EXHIBIT E b H +Pittman Wean -r -- v■r ... ea. I... .n..... +��==•`+'�"ice;,w• _ �� � • �•;;`,•r•— IL • •;• ��"�'g"c�;e:�� a�.�•",. :i- -� 1v',��� �T1�^,�� � 73 s�•:+�' �' ����1�"1 , I _ I � _31y47' Y NATIONAL CARPORT Industries, Inc. P.O. Box 2323 • Sherman, Texas 75091 -2323 • (903) 892 -1896 • Fax (903) 892 -9098 FOUR POST DESIGN SINGLE POST DESIGN GABLE DESIGN EXHIBIT G CARPORTS AND SHELTERS FOR APARTMENTS, OFFICE BUILDINGS. CONDOMINIUMS Ra SrHIlOI.S , ■I „ ci____QC 3 RIB 28 6a, Mo 1 a A ,, no 41 ..4 ez.--• loc- i If , r 1): ,x .A1g1,::Nt-'- NATIONAL CARPORT z- 10 Y. al N l'E.K • t...e./11. 8. mg. sLeET 7 / 12 x ••• 5).4S , AA e c;_.--rssiep•s „ ..• • . i • • Industries, Inc. i6 P. 0. Box 2323 • Sherman, TEXAS 75091-2323 • (903) 892-189 • 6 , 1 :.`:•.` .51MGL:.8 POsr • C/R1?(..)1 •• ( )zit!) 20 PSF LItJE 5PrE,7 1 OF Z onArew ..... C • +8 TEK, .e l *Cem - ter5 • TRtYVi 6E1AIL. * 1 41. — -AX-1 A-490 •. I A-325 4 a Psz. : coLumw 16 Pere COLUMN.) COLUMN 'ro GIRDER B i sj•Jvi TO OlgDrze NOTES: • 1. Desiign pct 1.980 edition A.I.S.I. manual. •2,* Design 'loadings, live load 20 Pa! • wind load 20 Ps! 3. All sheet metal conponentas C-90 'galvanized. 4. AD....IA:tenets plated. ... , -f-IF3-4'ht, NATIONAL CARPORT Industries, Inc. 51LIGL6 POST CARPOZT SWEET Z OF- 2. 1 0 n^ W We 1./.41111• ..... 1 07,21 '7a.&) ,. 7 ? 6„ THE STATE OFTEGS COUNTY OFWILLIAMSON TM Is to certify thatth3 document FLED :rd RECORDED In the O(orict PublIc Records a WEIamson County, Tees on the d;ta ted ems stamped thetedrt. COURT/ [MR WURILISOP! COLDS t. rass Doc# 9532990 # Pages: 13 Date : 08 -03 -1995 Time : 04:40:18 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. S 33.00 Vol. 2 517 PAGE 014 4 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 1, JOANNE LAND, Rock in book 3/ 2:11134 Assistant City Manager /City Secretary of the City of Round Rock. Texas do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of the City of Round ock, Texas, at at a meeting held on the 1 1 - day of Q 19 1 , ef') c©pY which is recorded in the minutes of the City of Round WITNESSED by my hand and.s of the City of Round Rock, Texas on this 1 gIAV day of 19 `1 q . NNE LAND sistant City Manager/ City Secretary • OFFiCrAL RECORDS ��l aiAtl$o i COUNTY. TEXAS vo'.. 25 174;46E0145 ORDINANCE NO. 2- q i{ - 01{..5' -ge AN ORDINANCE AMENDING ORDINANCE NO. Z- 93- 12099 -F, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON DECEMBER 9, 1993, BY AMENDING SECTION 10 OF PUD NO. 10, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, SAID AMENDMENT TO ALLOW CONCRETE SIDING EXTERIOR FINISHES ON ALL BUILDINGS WITHIN SAID PUD; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on December 9, 1993, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z- 93- 12099F, which established PUD No. 10, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend Section 10 of PUD No. 10 by allowing concrete siding exterior finishes on buildings within PUD No. 10, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -93- 12099F on the 31st day of March, 1994, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z- 93- 12099F be amended, and WHEREAS, on the 14th day of April, 1994, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z- 93- 12099F, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z- 93- 12099F promotes the health, safety, morals and general welfare of the community, and KS /ORDLNANCE OR04144C VOL. 2517PA6E Ol46 WHEREAS, each and every requirement set forth in Chapter 211, Sub - Chapter A., Texas Local Government Code, and Section 11.300, 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: I. That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #10 meets the following goals and objectives: (1) The amendment to P.U.D. #10 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #10 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #10 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or • any other matters affecting the public health, safety and general welfare. II. That Section 10 of PUD No. 10, as approved in Ordinance No. Z 93 12099F, passed and adopted by the City Council of Round Rock, Texas, on December 9, 1993, is hereby amended to read as follows: 10. EXTERIOR FINISH Exterior finish of all buildings shall be 90% stucco, masonry or concrete siding, such as Hardiplank, or a combination thereof. Roofing materials shall consist of roofing tile or an equivalent material approved by the Director of Planning. 2. m. 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 1`I �� — day of , 1994. Alternative 2. READ and APPROVED on first reading this the day of , 1994. READ, APPROVED and ADOPTED on second reading this the day of , 1994 ATTEST: .��yJ /IL /, 41A E LAND, City Secretary CHARLES CULPE£P�GF/ Mayor City of Round Ro k, Texas 3. vet. 2517Pk6 0147 voL. 2517pA6E0148 J FILED v TX. 1994 APR 29 PM 2:5 L ' . . luan) tne es:. at tee !:;.1: sg.::5;na t,:rcen me, and vas duly RECOF,DED in Md. VO::15 end Page of the :rasa RECORDS of 11 County, Texas, as stamped hereon by me, on ,..d2t4midAPR 2 1994. COUNTY CLERK ELLIMAN COM% TEXAS STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK A OFFICIAL. ti' W ILLJAL7SON O RDg TEXAS YOL. 248 ()PAGE 0561 10813 I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round Rock, Texas do hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and adopted by the City Council of thhe.ki ty of Round Rock, Texas, at at a meeting held on the /+ -v day of 19 13 , which is recorded in the minutes of the City of Round Rock in book C3/ WITNESSED by my hand and seal of the City of Round Rock, Texas on this day of 19 q NNE LAND Assistant City Manager/ City Secretary • voi..248 0PAGEO562 ' ORDINANCE NO. z 93— 1.Z--.0 9— 9 F Dept Mist /Ordn. /C -1 to PUD No. 10 1 ' Heritage Center PUD No. 10 17.54 Acres 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 17.54 ACRES OF LAND, LOTS 5, 6, . 7 AND 8, HERITAGE CENTER SUBDIVISION, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM ' DISTRICT C -1 (GENERAL COMMERCIAL) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 10. 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 P.U.D. (Planned Unit Development) No. 9; 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 P.U.D. (Planned Unit Development) No. 10 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, 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: I. . . VOL. 248 °PACE0563 Heritage Center PUD No. 10 17.54 Acres That the City Council has hereby determined the Planned Unit Development (PUD) District No. 10 meets the following goals and objectives: (1) PUD No. 10 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (2) PUD No. 10 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. 10 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (4) PUD No. 10 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 hereby changed from District C -1 (General Commercial) and shall be hereafter designated as Planned Unit Development (PUD) No.10, and that the Mayor Dept Mlne. /Oeda /C -1 to PUD Na 10 2 vo,..248O PAGE O56 Heritage Center PUD No. 10 17.54 Acres 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 day of D f nr 1993. Alternative 2. READ and APPROVED on first reading this the day of 1993. READ, APPROVED and ADOPTED on second readin: this the day of ,1993. d1 . i CHARLES CUL PP, ', Mayor City of Round Rock, Texas A N EST: . AI IL! i &Lii .i E LAND, City Secretary Dept MI.c. /ora /ai to PUD No. 10 3 EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center VOL.248OPQ0EO5G5 VOL. 248 6 PlGE 6'S 66 HERITAGE CENTER DEVELOPMENT PLAN PUD Number 10 Exhibit " B " to City of Round Rock Ordinance No. 2 Q( F This exhibit contains 1 13 pages 1. LIENHOLDER CONSENT PUD No. 0 2. DEVELOPMENT AND LAND USE 2 voL.248OPA6EO567 This agreement ( "Agreement ") is made the "1 /1 day of QQ rIalf2h- , 19 a3, between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas, (hereafter called the "City") and HF2M, Inc., A Texas Corporation, its successors and assigns, whose address for purposes hereof is 910 Heritage Center Circle, Round Rock, Texas 78664 (hereafter called the "Owner "). For purposes of this Agreement, the term "Owner" shall mean HF2M, Inc., its successors and assigns; provided, however, upon the sale , transfer or conveyance of portions of the hereinafter described property, the duties and obligations of HF2M, Inc. as to such property shall be assigned to the new owner, and HF2M, Inc. shall have no further liability relating to such property. WHEREAS the Owner has requested a planned unit development from the City for the development of 17.54 acres of land for a 336 unit multi- family residential development on a tract of land located within the corporate limits of the City and more particularly described in Exhibit "A" attached hereto and made part hereof (hereinafter called "the Land "); and, WHEREAS the Owner, in accordance with Chapter 11, Section 11.316 (8), Code of Ordinances, City of Round Rock, Texas, has submitted the development plan set forth in this Agreement ( "Development Plan") to the City containing terms and conditions for the use and development of the Land; and, WHEREAS the Development Plan complies with the provisions of the Round Rock General Plan 1990 as amended; and WHEREAS the City has held two public hearings required by law on December 2, 1991, and December 9, 1993 to solicit input from all interested citizens and affected parties; and, WHEREAS the Planning and Zoning Commission has recommended approval of the PUD zoning on December 2, 1993 ;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; and WHEREAS the Development Agreement is, by this reference, incorporated herein for all purposes; NOW THEREFORE BY THIS AGREEMENT WITNESSETH in consideration of the premises and the conditions and covenants hereinafter set forth, the City and the Owner covenant and agree as follows: The lienholder of record has consented to this agreement and any dedications agreed to herein. The lienholder consent is attached hereto as EXHIBIT "B ". The lands shall be developed for multi- family uses as generally shown on the plan attached hereto as Exhibit "C ". vo . 248OPAGEO568 • . The development of this area shall consist of a maximum of 336 residential dwelling units together with parking, a rental office, recreational amenities, and other accessory uses. The development may be constructed in phases. 3. RESIDENTIAL DENSITY Residential densities for all phases of residential development shall not exceed density of 20 units per acre calculated for the entire site. 4. SITE PLAN AND BUILDING MASSING APPROVALS 4.1 This Agreement specifically provides for the following site plan provisions: 4.1.1 The minimum setback requirement for all residential dwelling units from Paim Valley Boulevard shall be 35 feet 4.1.2 Driveway access to the lands from Paim Valley Boulevard shall be limited to one access points as generally shown on Exhibit "C ".' This access shall be designed to prohibit left turns onto PalmValley Boulevard until such time as a traffic signal is installed at the intersection of Palm Valley Boulevard and Heritage Center Circle. 4.1.3 Dumpster locations and screening shall be shown on site plans submitted to the Development Review Board. 4.1.4 Details of the postal delivery facilities shall be shown on site plans submitted to the Development Review Board. 5. FENCING 5.1 The Land shall be screened from Palm Valley Boulevard by providing a landscaped berm and/or a masonry and weather resistant metal or wood wall system a minimum of 5 feet in height. (Masonry excludes common cinder block and metal excludes chain link fencing). Any wood components must form part of a professionally designed fence which has been approved by the Director of Planning. 5.2 Plans for screening shall be provided to the Development Review Board for approval as part of the Site Plan. 5.3 All fence post shall be anchored in concrete and shall be constructed of masonry or weather resistant metal. Footings shall be a minimum of 12 inches in diameter and twenty -four inches in depth. 6. PARKLAND DEDICATION AND AMENITY AREAS 6.1 The parkland dedication requirements for the development for the Land shall be met in full by providing an amenity area which includes a swimming pool and club house as generally shown on Exhibit "C" for use of residents of the Land. 6.2 The Owner may construct water front amenities along Brushy Creek including a dock as generally shown on Exhibit "C" subject to the approval of the Flood Plain Administrator and the Director of Parks and Recreation. 3 7. UNDERGROUND ELECTRIC AND UTILITY LINES VOL. 2480PAGE0569 Except where approved in writing by the Director of Planning and the D of Public Works, all electrical, telephone and cablevision distribution and service lines, other than currently existing overhead lines three -phase or larger located around the perimeter boundaries of the land, shall be installed underground. 8. FILTRATION AND DETENTION 8.1 The Land is situated over the Edwards Aquifer Recharge Zone. The Owners will provide the storm water filtration required either on site or immediately adjacent on the parcel shown on Exhibit "D ". 8.2 Detention shall be provided by the contribution of $1,600 per acre to the Regional Detention Fund. 9. OFF STREET PARKING REQUIREMENTS Alternative Parking Standards are hereby approved as follows: 9.1 Parking stalls shall measure a minimum of 9 feet by 18.5 feet. No provision for small car spaces shall be available to the development. 9.2 The number of parking spaces provided on site shall be as follows: 9.2.1 One bedroom units 1.5 spaces 9.2.2 Two bedroom units 2.0 spaces 9.2.3 An additional number of spaces shall be provided for guest parking in an amount equals to 5% of required unit parking. 9.2.4 Units containing three or more bedrooms shall provide 3 parking spaces. 10. EXTERIOR FINISH Exterior finish of all buildings shall be 90% stucco, masonry or a combination thereof. Roofing materials shall consist of roofing tile or an equivalent material approved by the Director of Planning. 11. HEIGHT Residential structures shall consist of 2 and 3 story buildings. 12. DEED RESTRICTIONS Deed Restrictions shall be provided with the final plat for each phase of development. These Restrictions shall specifically provide for the following: 12.1 Vehicle Parking. The Owner shall restrict, limit, or prohibit the use of any driveway or parking area which may be visible from Palm Valley Boulevard. as parking place for commercial vehicles, trailers, recreational vehicles, self - propelled motor homes, or boats. 4 v°i. 24.8 OPAGE O57 O .' 12.2 General Signage Standards. All signs visible from Palm Valley Boulevard shall be constructed for low maintenance and shall be approved in advance by the Director of Planning. In the event a sign is not properly maintained, the City may give the sign owner written notice thereof. Required repairs must be made within five (5) business days of notification or the City shall have the right, but not the obligation, to have repairs made and charged to the sign owner. Prohibited signs include bench signs; billboards; banner signs; signs with flashing or blinking lights or mechanical movement; dayglo colors; signs that make or create noise; animated or moving signs; exposed neon illumination; painted wall signs; pennants; trailer signs; signs with beacons, and any sign that obstructs the view in any direction of an intersection. 13. APPLICABILITY OF CITY ORDINANCES 13.1 Zoning and Subdivision. The Land shall be regulated for the purposes of zoning and subdivision by this Agreement. All aspects not specifically covered by this Agreement or modified by the intent of this Agreement shall conform to the provisions of the City Zoning and Subdivision Ordinances. 13.2 All Other Ordinances. All other City Ordinances shall apply to the land except where clearly modified by this Agreement. 14. COMPATIBILITY This Development Plan indicates the desired relationship of land uses, interior circulation, and access between the existing adjacent development and the contemplated development of the Land. 15. CHANGES TO DEVELOPMENT PLAN After the Development Plan has been accepted and approved by the City Council, any substantial alterations in excess of those allowed by this Agreement shall be resubmitted for consideration to the City Council following the same procedure required in the original adoption of the Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept or intent of the Planned Unit Development may be approved administratively, in writing, by the Director of Planning. The Director of Planning shall, at his sole discretion, determine what constitutes a substantial change. 16. DEFINITIONS Definitions shall be standard defmition as defined by Black's Legal Dictionary except where applicable as specifically defined in the Development Agreement. 1 7. EXHIBITS Exhibits "A" through "D" attached are part of this Agreement. 18. ENTIRE AGREEMENT AND MODIFICATIONS This Agreement, the Development Agreement, and the Land Use Agreement, as the same may be amended from time to time, embody and constitute the entire understanding among the parties with respect to the transactions contemplated herein. Neither the Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the City or its designated representative, as set forth 5 19. APPLICABLE LAW 21. SEVERABILITY Words of any gender shall include the other gender where appropriate. 23. BINDING EFFECT 24. STATUS OF PARTIES' RELATIONSHIP 26. AUTHORITY 6 VOL. 248OPAGEO 71 herein, and the then Owner of the portion of land affected by such waiver, modification, amendment, discharge or termination. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 2 0. CAPTIONS The captions in this Agreement are inserted for convenience of reference only and in no way define, describe, or limit the scope or intent of this Agreement or any of the provisions hereof. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and shall not invalidate this Agreement. In such an event, such illegal, invalid, or unenforceable provision shall be replaced with a provision which as nearly as possible fulfills the intent of the severed provision, but is not illegal, invalid, or unenforceable, and the remaining provisions of the Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 2 2. GENDER OF WORDS This Agreement will endure to the benefit of and bind the respective heirs, personal representatives, successors and assigns of the parties hereto. Nothing in this Agreement shall be construed to make any party the partner or joint venturer of or with respect to any other party. 25. COUNTERPART EXECUTION This Agreement may be executed in multiple original counterparts, each of which shall be deemed as an original by all of which together shall constitute but one and the same instrument. Each person executing this Agreement warrants and represents that he has the power and authority to enter into this Agreement in the name, title, and capacity herein stated and on behalf of the entity represented or purported to be represented by such person. ATTEST: YOL.248OPAGEO572• • 7 HF2M, Inc. A Texas Company DATE • �15L. —eArn C)K J k IC4 q DATE. 9 93 THE STATE OF TEXAS COUNTY OF HARRIS BECKY ELIZABETH CHENEY Notory Public, Sbto of Texas My CammiWon Expires 845.97 Commission Expires: 4(6/ 8 Pacific Southwest Bank, F.S.B. VOL.248OPAGEO573 DATE; l 9- (77`t' This instrument was acknowledged befom me on the 7 day of ' PeOP.M6f.{ 1993 by va l , Pacific Southwest F.S.B, on behalf of said corporation. 7 46 fk� ec,. L rit C emp/ otary Public, State of Texas Name Printed: ,beck/ E�/24,6e4ll (Amy VoL:2480PAGE0574 THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the l day of pOR Qiy \ 9i- - , 1993 by Charles Culpepper, Mayor of the City of Round Rock, Texas. VIRGINIA M. MORR4O • j Notary Public, State of Texas MyCocranizIon EqIseJan11, 1996 BECKY EUZABETH CHENEY Notary Public, State of Teas My Commission Expires 1196.91 Commission Expires• e /6/q7 f lA (-two ) 9 Tv2... LO Notary Public, State of Texas Commission Expires' Name Printed: THE STATE OF TEXAS COUNTY OF WILLIAMSON This instrru}sment was acknowledged before me on the 1 day of Pe.0M PAS 1993 by Jeffrey Drinkard, President, HF2M, Inc., A Texas Company, on half of said corporation. Name Printed: U'CCt / £/i zij/ t CA Ol Pc/ EXHIBIT "A" Legal Descrpition of 17.54 Acres of Land Lots 5, 6, 7 and 8, Heritage Center voi.2480PAGE05.75 ' VOL. 248 OPAGE 05 State of Texas County of Williamson know all men by these presents that we, Y\ OSELE y W. H. Mosley Company being the holders of a Deed of Trust on the lands described in Exhibit A of this agreement which is recorded in Vol. Page of the Official Records Williamson County, do hereby consent to the Development Agreement, the PUD Zoning Designation, and the recording of this Agreement in the Official Records of Williamson County. State of -I- M N O County of A m A— of 4 • 0'1 A rt I ` p!I 0 Printed Name: . 4 11 Of Fv r■n1, ,,,,,,«0"`' My Commission Expires: Exhibit B Lienholders' Consent Witness my hand this 27 day of.Deeembe 1991 This instrument was acknowledged before me on the / day of Notary Public, State of U 7)A-H h rfA CTO-OE / 09 HERITAGE CENTER aae MULTFFMLY Mara HF2M Round Rack orWooll s V r EXHIBIT C vaL.248OPAGEO577 RECORDERS MEMORANDUM All or parts of the tort on this page was not clearly legible for satisfactory recordation. 40L. 248 OPhGE O 5? S HERITAGE CENTER HF2M,Inc. Round Rock, Texas BLDG. CLUSTER OPEN AREA RECORDERS MEMORANDUj2 All or parts of the text on this page was not clearly legible for satisfactory recordation, HERITAGE CENTER HF2M,Inc. Round Rock, Texas 'vo . 248°PAGEO5 ?9 BLDG. CLUSTER OPEN AREA volleyball, basketball, etc. RECORDERS MEMORANDUM AU or parts of the text on this page was not clearly legible for satisfactory recordation. vol..248.01)116 €0580 HERITAGE CENTER HF2M,Inc. Round Rock, Texas RECORDERS MEMORANDUM All or parts of the text on this pago was not clearly legible for satisfactory recordation. , I , Gor I re ounnw , o 7 99 r( J AERITAGE .r r.n� l 'e `4 ' \ 5 �i I n .� 1 r.•a `5 1 4e0 .u 1 ' ' Gar 9 T,v rc . -- 11' C S ' -yam GSe Nf • _ w ` • _ � ` N` lrJJ l x11Lf 11 7?" VOL. 24 8 PGGE O 5 S 1 CENTS! 1r42- . 440195 • ' ARC 61O19 CHORD BEARING 56' 66 66.66 54.06 16 29' 74. i4Y 60.00 7sso 7472 711•28 au' .11.00 149.05 i6 ]` u H 2 2r 2 14.24 24. 24.14 2 0400 24559 .4. 50'45" 6000 1520 1516 -- p 96 N py �< — 9200 OWNEAS, WILL AND 2114 rROUSIANT ACM.. :6 :2. DIOCESE Or ,22.5 CHURCH Or TIM N N 127 1414I5 1/5 LEAG RO. OF BLOCKS. 1 UE NO. OF L075• - RECORDERS MEMORANDUM All or parts of the teat on this page was not clearly legible for satisfactory recordation. 42 37 82. 54 are 0E 55 WY 61 OSW 11/05/1993 15:44 512258' "'9 STENDEBACH & AS'" v °L. 2 4 8 0 p AGE 0 5 8 2 DATE: November 8. 1993 To the City Council: H8214, Inc., and Pacific Southwest Sank By, Stendebach &Associates. Inc. (namef7&P1 t owner) (name of agent) Represented ay HELM • hereby make(s) application to the City Council of the City of Round Rock for change in zoning designation of the property described below: FROM r.-1 ranaral cnmmorotoi District (pxeamt zoning classitixation) TO Planned unit Development meet (present proposed claasifiwtion) for the purpose of constructing an apartment complex land area of property to be rezoned: 17. 5`F Dic.re PROPERTY DESCRIPTION: . Describe only the property to be reioncd wing eftha metes and 'bounds Of subdivision reference. acres out of the Survey. (or) 1f01 HPritage ('anror Circle Street Address (es) of the Property • Volume and Page of deed(s) which conveyed the property to the present owner. Valwime X277 Page 6G1 IAA 4956 P 9 sari acres. 17. Sy) Type of Ownership: Sole Owner; ' Community Property; XX Partnership; Corporation; . Trust. AGENT'S SIGNATURE 8519 Cahi 1 Drive, Suite 805 OWNER '5 SIGNATURE . 91.0 Her-it 2) Heritage Center Planning and Community Development APPLICATION FOR ZONING CHANGE CITY OF ROUND ROCK R . \, i addres) Hnnmd TPYae MAUI (zip code) TELEPHONE 258 -8419 Subdivision; Lot 5,6,7,8. Block (and /or) (moiling address) Austin. Texas 78729 (zip rode) If ownership is other than sole or community property, name the partners; principals, beneficiaries, etc..._ respectively: 1) raffray nrjnlrsrd_ Praeidant. 910 Heritage Center Circle, Round Rock, Tx. 78664 (rums) (position) • (address) (zip code) (name) (position) (address) (zip code) 84 PAGE 01 RECORDERS MEMORANDUM All ar parts of the text on this pogo was not clearly legible for satisfactory recordation. STATE OF TEXAS COUNTY OF WILLIAMSON 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 of Williamson County. Texas, as stamped hereon by me, on 4 f99 w J YY d COUNTY CLERK r - ` � ~ WILLIAMSON COUNTY, TEXAS VDL. 248O15dGEO583 r, 6itd-f 10$WILLLIA FOR ON COUNT .T X. 1994 MAR - 4 P14 3= 01 MTV CLERK