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Z-94-10-13-9B - 10/13/1994 (2)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 the City of Round Rock, Texas, at a meeting held on the 13 th / day of De obtA) , 19 914 which is recorded in the minutes of the City of Round Rock in Book 3� . n C lJ TIFIED b my hand and seal of the City of Round Rock, Texas on this q -- day of 0 19 R . i Faf >- V A vei.2659 P ao E 0270 DOC# 9500164 Li // //! /. J LAND, Assistant City Manager/ City Secretary OFFICIAL RECORDS • WILUA69SQN COUNrr, T XAS . ORDINANCE pan No. 16 (Sweet Home) von. 2659PA6E027121. 940 Acres NO. q 7 - /D- /3 - MR /PSCD Dpt.Misc. /Ords 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 REZONE 21.940 ACRES OF LAND OUT OF THE WILEY HARRIS SURVEY, ABSTRACT 198, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT C -2 (LOCAL COMMERCIAL) TO PLANNED UNIT DEVELOPMENT (PUD) NO. 16. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone the property described in Exhibit "A" from District C -2 (Local Commercial) to District Planned Unit Development (PUD) No. 16, said exhibit being attached hereto and incorporated herein, and 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 4th day of August, 1994, 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 property described in Exhibit "A" be changed to District PUD No. 16 and, WHEREAS, on the 25th day of August, 1994, after proper notification, the City Council held a public hearing on the requested amendment, and 1. vol.. 2659116E0272 WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A, Texas Local Government Code and Chapter 11, 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. pm No. 16 (Sweet Homo) 21.940 Acres That the City Council has hereby determined the Planned Unit Development (PUD) No. 16 meets the following goals and objectives: (1) The development in PUD No. 16 is equal to or superior to development that would occur under the standard ordinance requirements. (2) PUD No. 16 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) PUD No. 16 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. MR /PSCD Dpt.M1sc. /Ords 2. II. voL.2659r46E0273 pun Nn. 16 (Swett Hnmr] 21.940 Acres (4) PUD No. 16 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (5) PUD No. 16 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. 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 be changed to District Planned Unit Development (PUD) No. 16, and that the Mayor is hereby authorized and directed to enter into the Agreement Regarding the Development Plan for PUD No. 16 attached hereto as Exhibit "B ", which agreement shall govern the development and use of said property. MR /P&CD Dpt.Misc. /Ords 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. k 3. vol. 265940E0274 pun No. 16 (Sweet Home) 21.940 Acres Alternative 1. / EAD, PASSED, and ADOPTED on first reading this /3q1- day of lu 0±Ohe.A } , 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. A EST: MR /P &CD Dpt.Misc. /Ords LAND, City Secretary 4. A CHARLES CULP PP §C, Mayor City of Round Rock, Texas I EXHIBIT A WEST i TO ORD NANCE NO 'Z- 94- 1'0- 13 -9B SURV 12401 „rNC/DOW Dn. 507E 1 -C INC. AUSTIN, TCxs 70750 FIELDNOTE DESCRIPTION vot.2659 PAGE 0275 BEING a 21.940 acre tract of land out of 'the Wiley Harris Survey, No. 298 in Wi11ia(nson County Texas, being that same tract of land described. in Volume 2197 Page 179 Official Records of Williamson County Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING ata 1/2 inch iron rod found on the north side of a wood power pole on the new north right -of -way line of Gattis School Road (refer to Vol. 853, Pg.28 Official Records Williamson County Texas for R.O.W. to;City of Round Rock) and situated North 01° 01' 34" East, 10.31 feet from the southeast corner of Lot 11, Block "A" Cushing Park subdivision recorded in Cabinet "C" Slide 197 Plat Records of Williamson County Texas;, THENCE alonglthe east line of said Cushing Park, North 01° 00' 32" East, a dist nce of 727.15 feet (N 01° 01' 34" E - 727.47' call) to a 1/2 inch irbn rod found in the south line of a 6.83 acre tract conveyed to Trinity Place Inc. recorded in Vol. 947 Pg.702 Official Records of Williamson!County Texas; THENCE along the south, then east line of said Trinity Place, Inc. the followingitwo (2) calls: North 72 48' 33" East, a distance of 121.42 feet (N72 50' 31" - 121.40' call) to a 1/2 inch iron rod found for corner; North 00° 07' 36" West, a distance of 594.27 feet (N 00° 06'I 08 "W - 594.30' call) to a 1/2 inch iron rod found for corner in the new south right -of -way line of School Days Lan (refer to Volume 1492 Page 540 O.R.W.C.T., R.O.W. to City of Round Rock); THENCE along ithe new south right -of -way line of said School Days Lane the following two (2) calls: North 89° 35' 59" East, a distance of 153.43 feet (N89° 36' 10 "! E - 153.33' call) to a 1/2 inch iron rod found for angle point; North 89' 49' 51" East, a distance of 568.41 feet (N 89 50' 13" E - 568.01' call) to a 1/2 inch iron rod found for corner in the we line of Hyridge Subdivision; THENCE along :the east line of the herein described tract, South 00° 05' 01" East; a distance of 1,087.03 feet (S 00° 05' 01" E - 1086.95' call) to a 5/8 inch iron rod found for corner in the aforesaid new north right -of -way line of Gattis School Road; THENCE along' the new north right -of -'ray line of Gattis School Road, South 72 13' 04" West, a distance of 893.59 feet (5 72° 12' 00" W - 893.67' call) to the POINT OF BEGINNING and containing a calculated area of 21.940 acres (955,689 square feet) of land. ./ G0 00RY E. WEST RED'S. C 01.101.1C SUM/11Y0. (512) 290.60.2 GREGORY E. ', voL. 2659PA6E0276 EXHIBIT "B" TO ORDINANCE NO. Z- 94- 10 -13 -9B SWEET HOME BAPTIST CHURCH AGREEMENT REGARDING DEVELOPMENT PLAN FOR PUD NO. 16 THE STATE OF TEXAS COUNTY OF WILLIAMSON vol. 2659PA6E027 7 § AGREEMENT REGARDING § DEVELOPMENT PLAN § FOR PUD NO. 16 THIS AGREEMENT is made and entered by and between the City of Round Rock, Texas, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664(hereinafter referred to as the "City"), and Sweet Home Baptist Church of Round Rock, Inc., its successors and assigns, having its offices at 800 Deepwood Drive, Round Rock, Texas, 78681 (hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to re- zone 21.94 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, on August 4, 1994, the Planning and Zoning Commission recommended approval of the Owner's application for a PUD, and WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of Ordinances (1990 Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan, attached hereto and incorporated herein as Exhibit "B ", said Development Plan stating in detail all development conditions and requirements within the PUD, NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: 1.0 CONFORMITY TO DEVELOPMENT PLAN That all uses and development within the property shall conform to the Development Plan attached hereto and incorporated herein as Exhibit "B ". 2.0 CHANGES AND MODIFICATIONS That no changes or modifications will be made to the Development Plan unless all provisions pertaining to changes or modifications as stated in Section 13 of the Development Plan are followed. 3.0 ZONING VIOLATION KS /ROTNDROCK AGRESWEE.3a That the Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances, (1990 Edition), City of Round Rock, Texas, as amended. voi. 2659PA6E0278 4.0 LIENHOLDER CONSENT That the lienholder of record has consented to this Agreement and the Development Plan attached hereto, including any and all dedications to the public. A lienholder consent is attached hereto and incorporated herein as Exhibit "C ". 5.0 GENERAL PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. 5.2 Necessary Documents and Actions. Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability. In case any one or more provisions contained herein are deemed invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.4 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter hereof. 5.5 Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue. All obligations of the parties created hereunder are performable in Williamson County, Texas and venue for any action arising hereunder shall be in Williamson County. 5.7 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto, any rights, benefits, or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate originals each of equal dignity. 5.9 Notices. Until changed by written notice, any correspondence regarding this Agreement may be given to the respective parties by certified mail, postage prepaid or by hand - delivery to the address of the other party shown below: 2. OWNER Sweet Home Baptist Church of Round Rock, Inc. 800 Deepwood Drive Round Rock, Texas 78681 Attn: Office of the Pastor 3. By voi.2659PAGE0279 ROUND ROCK City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 5.10 Effective Date. This Agreement shall be effective from and after the date of due execution hereof by all parties. CITY OF ROUND ROCK Charles Cu p Date: 10 -13- I r i er, Mayor SWEET HOME BAPTIST CHURCH OF ROUND ROCK, INC. By: 4..^-0,) C ieANJ I r— Printed Name: /Av/n fvA8L Title:6/Aml -5 /kn1o. -3 5"Tnf-F Date: I lti 9. ~ v� � 6 5 v i k 0 2 8 0 EXHIBIT A .TO THE AGREEMENT REGARDING I DEVELOPMENT PLAN FOR PUD No. 16 SURVEYOR ' nvwC'O°"' e.cao�ve SUrTC 1.0 RCDwSTC•CD WDI.K SUMCvo., INC. 1 AUSI N. TCzAS 7E75o (7 I2) 25a•Da42 t FIELDNOTE DESCRIPTION BEING a 21.940 acre tract of land out of'the Wiley Harris Survey, No. 298 in Williamson County Texas, being that same tract of land described. in Volume 217 Page 179 Official Records of Williamson County Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found on the north side of a wood power pole op the new north right -of -way line of Gattis School Road (refer to Vol. 853, Pg.28 Official Records Williamson County Texas for R.O.W. to :City of Round Rock) and situated North 01° 01' 34" East, 10.31 feet f the southeast corner of Lot 11. Block "A" Cushing Park subdivision rfcorded in Cabinet "C" Slide 197 Plat Records of Williamson County Texas; • THENCE alongl east line of said Cushing Park, North 01 00' 32 East, a dist nce of 727.15 feet (N 01° 01' 34" E - 727.47' call) to a 1/2 inch it n rod found in the south line of a 6.83 acre tract conveyed to Trinity Place Inc. recorded in Vol. 947 Pg.702 Official Records of WilliamsonCounty Texas; THENCE along! the south, then east line of said Trinity Place, Inc. the followingitwo (2) calls: North 72° 48' 33" East, a distance of 121.42 feet (N72 50' 31" - 121.40' call) to a 1/2 inch iron rod found for corner; I North 00° 07' 36" West, a distance of 594.27 feet (N 00° 06'! 08 "w - 594.30' call) to a 1/2 inch iron rod found for corner in the new south right -of -way line of School Days Lan (refer to Volume 1492 Page 540 O.R.W.C.T., R.O.W. to City of Round Rock); THENCE along the new south right -of -way line of said School Days Lane the following two (2) calls: I North 89° 35' 59" East, a distance of 153.43 feet (N89° 36' 10''i E - 153.33' call) to a 1/2 inch iron rod found for angle point; North 89' 49' 51" East, a distance of 568.41 feet (iI 89° 50'; 13" E - 568.01' call) to a 1/2 inch iron rod found for corner in the west line of Hyridge Subdivision; THENCE along the east line of the herein described tract, South 00° 05' 01" East a distance of 1,087.03 feet (5 00° 05' 01" E - 1086.95' call) to a 5/8 inch iron rod found for corner in the aforesaid new north right -of -way line of Gattis School Road; THENCE along' the new north right -of -way line of Gattis School Road, South 72° 13' 04" West, a distance of 893.59 feet (S 72° 12' 00" W � - 893.67' call) to the POINT OF BEGINNING and containing a calculated ,�E 0 .F. .7'F arca of 21.940 acres (955,689 square feet) of land. �Q P� /A GREGORY E. ', 1. DEFINITIONS KS /ROUNDROCK DLVPPLAN.5 VOL 2659PA6E0281 EXHIBIT "B" TO THE AGREEMENT REGARDING DEVELOPMENT PLAN FOR PUD NO. 16 DEVELOPMENT PLAN FOR PUD NO. 16 Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY This Development Plan ( "Plan ") covers 21.94 acres of land (hereinafter referred to as the "Property"), located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A" to the Agreement Regarding Development Plan for PUD No. 16. 3. PURPOSE The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") that 1) is equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the General Plan, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not 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. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections in the Code. 4.2 Other Ordinances All other Ordinances within the Code shall apply to the Property, except where clearly modified by this Plan. vol.2659Pa6E0282 5. PERMITTED USE 5.1 Initial Phase This PUD shall conform to all requirements as set forth in this Plan and, if not set forth in this Plan, by applicable sections in the Code. The permitted use of the initial phase of the PUD includes the construction of a church sanctuary with approximately 1,700 seats, a fellowship hall with kitchen, an education building, a chapel, maintenance facilities, internal drive, fountain, family life center and parking facilities, all of which are depicted on the preliminary site plan attached hereto as Exhibit "A ", hereinafter referred to as "the Site Plan." 5.2 Future Phases Permitted uses for future phases includes an approximately 1,300 seat expansion of the sanctuary, a bible institute, credit union, recreation area and additional parking, all of which are depicted on the Site Plan. 6. HEIGHT REQUIREMENTS All buildings shall be limited to one story in height, except the height of the following buildings, as depicted on the Site Plan, shall be as follows: Building Maximum Height Sanctuary (excluding steeple) 75 feet Family Life Center 35 feet Fellowship Hall 35 feet Credit Union 30 feet Chapel 30 feet Education Building 30 feet Bible Institute 40 feet Height of steeple and church will not exceed distance between church and any property line. 2. 7. LANDSCAPING 7.1 Landscape Plan A landscape plan indicating the types and locations of plant materials shall be required and the Owner shall be responsible for the maintenance of all landscape improvements and irrigation systems. 7.2 Approval of Landscape Plan Before installation of any landscaping, the landscape plan must be reviewed and approved by the Director of Planning to assure that the plan complies with the landscape ordinances, as amended. 7.3 Gattis School Road Landscaping Landscaping along Gattis School Road, the extent of which is shown on the Site Plan, must be completed before certificates of occupancy are issued for the buildings constructed during the initial phase of the PUD, as provided in Section 5.1, above. 7.4 School Days Lane Landscaping 8. STREETS Landscaping along School Days Lane, the extent of which is shown on the Site Plan, must be completed before certificates of occupancy are issued for the buildings constructed during the future phase of the PUD, as provided in Section 5.2, above. 8.1 Private Streets All internal streets and driveways shall be private and maintained by the Owner. The design and construction of the internal streets must be approved by the Director of Public Works, who is to assure adequate access for fire and emergency medical vehicles. 8.2 Refusal of City to Accept Streets The Owner acknowledges that the streets within the PUD are private and not constructed in compliance with all City subdivision requirements and that the City will not accept any future dedications of any streets within the PUD. Plat notes to this effect shall be placed on all subdivision plats for the Property. 3. �0�. 2659PA6E0283 vo1.2659PA6E0284 8.3 Entrances 9. FENCING Owner may provide three entrances from Gattis School Road and one entrance from School Days Lane into the PUD, the entrances to be located as shown on the Site Plan. 9.1 Fence Construction` 9.2 Approval 10 PARKING All perimeter fences shall be constructed pursuant to Section 11.318 of the Code or with wood, woodcrete, masonry or landscaping, or a combination thereof, with rust resistant iron and steel supports. All fencing shall be constructed with a finished side facing outward from the PUD. No construction of fencing, as described above, shall be commenced until fence construction plans are submitted to and approved by the Director of Planning to assure that the fencing complies with §11.318 of the Code. 10.1 Adequacy of Parking The Owner shall provide adequate parking spaces sufficient to accommodate all parking needs for the intended uses within the PUD. 10.2 Minimum Spaces The Owner shall provide the minimum number of parking spaces as required by Section 11.321 of the Code, except that the sanctuary shall require one (1) parking space per four (4) seats. 11. TEMPORARY STRUCTURES No temporary building, mobile home or trailer, abandoned motor vehicle, or any shack, barn or other outbuilding shall be erected or permitted to remain on any lot at any time, either temporarily or permanently. Large tents are not prohibited for special events. This provision is not intended to prohibit vehicles, equipment, or temporary structures utilized by the Owner, its contractors or subcontractors while engaged in construction or repair work on the Property. 4 12. CHANGES TO DEVELOPMENT PLAN 12.1 Minor Changes 12.2 Major Changes Major changes shall be resubmitted following the same procedure required in the original PUD application. 12.3 Changes in Writing 13. BINDING EFFECT Minor changes to this Plan required by engineering or other circumstances which do not substantially change this Plan may be approved by the Director of Planning. Neither this Plan nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the City and the current Owner. This Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. Initialed for identification: Sweet Home Baptist Church �� of Round Rock, Inc.: 5. voi.2659PAcE0285 City of Round Rock: ilt-v .... ...... ..... .... .... ..................... Ys a • 1 1,1 (11 I CLOVIS HEIMSATH ARCHITECTS K4 TraT LTIi MAI (IIII 111-16t1 RIA0 ,12 :C 4 X661 slrEer / avrisr churil me ' • ....... a ....... ......... to Development Plan For PUD No. 16. vOL:2659PAGE0287 KS /ROUNDROCK DLVPPLAN.3 EXHIBIT "C" TO THE AGREEMENT REGARDING DEVELOPMENT PLAN FOR PDD NO. 16 LIENHOLDERS' CONSENT State of Texas, County of Travis know all men by these presents that NationsBank of Texas, N.A., being the holder of a Deed of Trust on the lands described in Exhibit "A" of the Agreement Regarding Development Plan for PUD No. 16, which Deed of Trust is recorded in Volume 2197, pages 183 through 243 of the Official Records of Williamson County, do hereby consent to the said Agreement, and the recording of this Agreement in the Official Records of Williamson County. Witness my hand this 3 day of , 1994. NationsBank of Texas, N.A. B It -P1 Debbie Winkler, Vice President State of Texas § § = o MICHAEL MAYNARD County of Travis § . :j NOTARYPUBLIC STATE OF TEXAS Com 2&9 T This instrument was acknowledged bef re oil the m. F A 3 of 'JEG6/YI /E'A , 1994, by Debbie Wink er, Vice President of NationsBank of Texas, N.A. on behalf of said bank. Notary Public, State of Texas Printed Name: / Cha e/ Y14aynwi'C My Commission Expires: 68-2,,Z-9P 2659PaGE0288 2ETGl,2/J — fD ; CITY OF ROUND ROOK ADMINISTRATION 221 EAST MAIN STREET p6ElND ROCK, TEXAS 78664 THE STATE OF TEXAS COUNTY OF WILLIAMSON This Ls to certify that this document Was FILED and RECORDED In the Weld Public Records of Williamson County, Teas on the data and time stamped thoreon, _ /��ry�,�p, `/ COUNTY CLERK ! � WILLIAMSON COUNTY, TEXAS DOCK : 9500164 Rec. $ 45.00 Date : 01 -03 -1995 Tive • 04 :53:35 P.H. Filed & Recorded in Official YILLIAMSON County, TX . 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