Z-95-12-14-12A - 12/14/1995 (2)THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
DOCtt 9740338
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 14th day of December, 1995, as recorded in the minutes of the
City of Round Rock in Book 34, page 157.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 2n
day of September, 1997.
w
JOA fNE LAND, A Assistant City Manager/
uu City Secretary
OFFICIAL RECORDS
SAMSON CO UHIY TEXAS
in the Official Zoning Map to the
for its recommendation and report,
C.N.10 OCB \On mNC \nk513s4x.wvn /cdc
ORDINANCE NO. Z - q.5 I , ) `7 - / /"1
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE LOT
2, AMENDED PLAT OF BLOCK C, LOT 27, ROUND ROCK WEST
SECTION 5 (2.59 ACRES OF LAND) IN ROUND ROCK,
WILLIAMSON COUNTY, TEXAS FROM SF -2 (SINGLE FAMILY -
STANDARD) TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
NO. 25.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
zone the property described in Exhibit "A ", attached hereto and
incorporated herein, as District Planned Unit Development (PUD) No.
25, said Exhibit being attached hereto and incorporated herein, and
WHEREAS, the City Council has submitted the requested change
Planning
and
WHEREAS, the Planning and Zoning
Commission held a
hearing concerning the requested change on the 25th day of
November, 1995, 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
that the Official Zoning Map be amended so that
classification of the property described in Exhibit "A"
to District PUD No. 25, and
and Zoning Commission
public
recommended
the zoning
be changed
WHEREAS, on the 14th day of December, 1995, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council determines that the zoning
provided for herein promotes the health, safety, morals and
protects and preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter
211, Sub - Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1995 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 has hereby determined the Planned Unit
Development (PUD) No. 25 meets the following goals and objectives:
(1) The development in PUD No. 25 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 25 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 25 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 25 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 25 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
2.
interfere with their development or use in accordance
with any existing zoning district.
R.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition) , City of Round Rock, Texas is
hereby amended so that the zoning classification of the property
described in Exhibit "A ", attached hereto and incorporated herein
shall be, and is hereafter designated as District Planned Unit
Development (PUD) No. 25, and that the Mayor is hereby authorized
and directed to enter into the Agreement and Development Plan for
PUD No. 25 attached hereto as Exhibit "B ", which agreement shall
govern the development and use of said property.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
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.
I /�
' READ, PASSED, and ADOPTED on first reading this 1 - day
£ of , 1995.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1995.
3.
READ, APPROVED and ADOPTED on second reading this the
day of , 1995.
ATTEST:
1
till AI It �A._.1L/
LAND, City Secretary
4.
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
EXHIBIT A
Legal Description
Lot 2, Amended Plat of Block C, Lot 27, Round Rock West Section 5
(2.59 acres of land)
STATE OF TEXAS
COUNTY OF WILLIAMSON
That the ELCA Loan Fund N/K/A the Mission Investment Fund of the Evangelical Lutheran
Church in America Organized and existing under the laws of the State of Minnesota acting
herein by and through its vice president Being the holder of a lien by way of Deed of Trust
Recorded in Volume 2388, Page 333, of the Official Records of Williamson County, Texas
does hereby consent to the Agreement and Development Plan of 2.59 Acres of land situated in
the City of Round Rock, Williamson County, Texas, and does further hereby join, approve,
and consent to all provisions shown herein.
(Name of Lienholder)
By: EL A Loan Fund
Harvey 01 { , its vice president
THE STATE OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me on the 27th day of August 1997, by Harvey
Olson, vice president of the Mission Investment Fund of the Evangelical Lutheran Church in
America, on behalf of said organization.
No Public, State of inois
Printed Name: Tan 1. Lo
My commission expires: 9 -. - P 7
EXHIBIT B
OFFICIAL SEAL
JANICE I IOZA
NOTARY PUBLIC STAFF OF ILLINOIS
MY COMMISSION EXPIRES 09/01/97
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT AND DEVELOPMENT PLAN 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 Dasht
Enterprises, Inc., its respective successors and assigns, having
its offices at 4210 Spicewood Springs Road, Suite 209, Austin,
Texas 78759 (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to
rezone 2.59 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 November 29, 1995, 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 (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, 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:
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.11 below are followed.
3. ZONING VIOLATION
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
C: \•PDOCS \S \DAS0't.NVV
$ AGREEMENT AND
DEVELOPMENT PLAN
5 FOR PUD NO. 25
1.
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISrRT,LANEOUS 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. This does not prohibit the owner
from selling all or part of the property.
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.
2.
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.
3. PURPOSE
Until changed by written notice thereof any notice
required under 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:
OWNER
5.10 Effective Date.
1. DEFINITIONS
2. PROPERTY
Dasht Enterprises, Inc.
4210 Spicewood Springs Rd.
Suite 209
Austin, Texas 78759
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1995
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
This Development Plan ( "Plan ") covers 2.59 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto.
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
3.
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
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.
5. PERMITTED USES
The Property shall be used and developed for the following
purposes;
Offices, which operate during normal business hours, and do
not include retail, manufacturing or assembly as part of their
operations;
Nursing Homes, licensed by the State of Texas;
Senior Citizen's Homes;
Personal or Assisted Care Facilities, licensed by the State of
Texas;
Churches;
Libraries;
and Day Care Centers, licensed by the State of Texas.
6. LOT SIZES
The minimum lot sizes shall be regulated by the SF -1 (Single
Family Large Lot) zoning district.
7. BUILDINGS SETBACKS
The minimum front and rear setback requirements shall be 25
feet from the property line, and the minimum side setback
requirements shall be 10 feet from the property line.
4.
7.1 Front and Rear Setbacks
The minimum front and rear setback requirements shall be
25 feet from the property line, and the minimum side
setback requirements shall be 10 feet from the property
lines.
7.2 Height Requirements
No building shall exceed thirty (30) feet in height.
7.3 Lighting
Lighting of the site shall be designed so that it does
not shine on adjacent residential lots.
7.4 Trash Collection
Trash collection and pick up areas shall be located and
screened so that it does not adversely affect adjacent
lots.
7.5 Site Drainage
8. BUILDING HEIGHT
Site drainage shall ensure that runoff does not flow onto
adjacent single family lots.
The maximum height for all buildings shall be two (2) stories,
except any building within a one hundred (100) foot wide strip
along the southerly boundary of the Property where it abuts a
single family residential lots shall be limited to one story
in height.
9. SPECIAL DESIGN STANDARDS
9.1 Roofs
All buildings shall have pitched roofs, be designed to
harmonize with a residential neighborhood and, before
construction, be approved in writing by the Director of
Planning.
9.2 Outdoor Storage
No outdoor storage units of any kind will be permitted.
9.3 Exterior Finish
Exterior Finish shall be 75% masonry.
9.4 Signs
All freestanding signs shall be restricted to monument
signs constructed of low maintenance materials.
5.
10. UTILITIES
Prohibited signs include bench signs, billboards, 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. Appropriate materials shall be masonry with
a maximum height of six feet.
All utilities, other than existing perimeter lines and three
phase or larger lines, shall be placed underground.
11. PARKING AND LOADING
All parking and loading requirements shall be as provided as
set forth for each respective use in the Zoning Ordinance of
this Code.
12. SITE PLAN APPROVAL REOUIRED
The Development Review Board shall be required to ensure that
design standards set forth in this Development plan are met,
prior to the issuance of a building permit.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
14. BINDING EFFECT
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and the Director of Public Works.
13.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
13.3 Changes in Writing
Neither this Agreement or 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 Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
6.
CITY OF ROUND ROCK
By:
C
Charles Culp p', Mayor
Da te: J -/`7 / 5
DASHT ENTERPRISES, INC.
•
By:
Printed Nam4: MIKE 144M7R/
Its: pe 5.
1#E SOMEdf
COLONY OFWILLIAWM
MSON
This is to codas that Lds as M031d
RECORDED la the Of Pubic Reseda d
We wmpedMamaa/
COLRMY CLERK
Doc# 3740338
# Pages: 15
Date : 09 -03 -1997
Time : 04:38:30 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 37.00
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
ORDINANCE NO. Z - Q5 - I - /'`i - I
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE LOT
2, AMENDED PLAT OF BLOCK C, LOT 27, ROUND ROCK WEST
SECTION 5 (2.59 ACRES OF LAND) IN ROUND ROCK,
WILLIAMSON COUNTY, TEXAS FROM SF -2 (SINGLE FAMILY -
STANDARD) TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
NO. 25.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
zone the property described in Exhibit "A ", attached hereto and
incorporated herein, as District Planned Unit Development (PUD) No.
25, 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 25th day of
November, 1995, 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. 25, and
C:\ WPDOCS \ORDINANC \ 0R51219A.WP0 /CdC
WHEREAS, on the 14th day of December, 1995, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council determines that the zoning
provided for herein promotes the health, safety, morals and
protects and preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter
211, Sub - Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1995 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 has hereby determined the Planned Unit
Development (PUD) No. 25 meets the following goals and objectives:
(1) The development in PUD No. 25 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 25 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 25 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 25 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 25 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
2.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas is
hereby amended so that the zoning classification of the property
described in Exhibit "A ", attached hereto and incorporated herein
shall be, and is hereafter designated as District Planned Unit
Development (PUD) No. 25, and that the Mayor is hereby authorized
and directed to enter into the Agreement and Development Plan for
PUD No. 25 attached hereto as Exhibit "B ", which agreement shall
govern the development and use of said property.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
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 `1 - day
of niRaW.ell
interfere with their development or use in accordance
with any existing zoning district.
, 1995.
II.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1995.
3.
READ, APPROVED and ADOPTED on second reading this the
day of , 1995.
ATTEST:
LAND, City Secretary
4.
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
EXHIBIT A
Legal Description
Lot 2, Amended Plat of Block C, Lot 27, Round Rock West Section 5
(2.59 acres of land)
STATE OF TEXAS
COUNTY OF WILLIAMSON
That the ELCA Loan Fund N/K/A the Mission Investment Fund of the Evangelical Lutheran
Church in America Organized and existing under the laws of the State of Minnesota acting
herein by and through its vice president Being the holder of a lien by way of Deed of Trust
Recorded in Volume 2388, Page 333, of the Official Records of Williamson County, Texas
does hereby consent to the Agreement and Development Plan of 2.59 Acres of land situated in
the City of Round Rock, Williamson County, Texas, and does further hereby join, approve,
and consent to all provisions shown herein.
(Name ofLienholder)
By: EL A Loan Fund
THE STATE OF ILLINOIS
COUNTY OF COOK
its vice president
EXHIBIT B
This instrument was acknowledged before me on the 27th day of August 1997, by Harvey
Olson, vice president of the Mission Investment Fund of the Evangelical Lutheran Church in
America, on behalf of said organization.
No jI Public, State of inois
Printed Name: 711-1; C e_ 1 Lo z G
My commission expires: 9 - - 7
OFFICIAL SEAL
JANICE I LOZA
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXPIRES 09/01/97
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT AND DEVELOPMENT PLAN 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 Dasht
Enterprises, Inc., its respective successors and assigns, having
its offices at 4210 Spicewood Springs Road, Suite 209, Austin,
Texas 78759 (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to
rezone 2.59 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 November 29, 1995, 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 (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, 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:
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.11 below are followed.
3. ZONING VIOLATION
C: \WPDOCS \SEPDDS \DASWT.WPD /cdc
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR PUD NO. 25
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.
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS 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. This does not prohibit the owner
from selling all or part of the property.
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.
2.
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 thereof any notice
required under 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:
OWNER ROUND ROCK
Dasht Enterprises, Inc.
4210 Spicewood Springs Rd.
Suite 209
Austin, Texas 78759
5.10 Effective Date.
1. DEFINITIONS
2. PROPERTY
3. PURPOSE
3.
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1995
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
This Development Plan ( "Plan ") covers 2.59 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto.
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.
5. PERMITTED USES
The Property shall be used and developed for the following
purposes;
Offices, which operate during normal business hours, and do
not include retail, manufacturing or assembly as part of their
operations;
Nursing Homes, licensed by the State of Texas;
Senior Citizen's Homes;
Personal or Assisted Care Facilities, licensed by the State of
Texas;
Churches;
Libraries;
and Day Care Centers, licensed by the State of Texas.
6. LOT SIZES
The minimum lot sizes shall be regulated by the SF -1 (Single
Family Large Lot) zoning district.
7. BUILDINGS SETBACKS
The minimum front and rear setback requirements shall be 25
feet from the property line, and the minimum side setback
requirements shall be 10 feet from the property line.
4.
7.1 Front and Rear Setbacks
The minimum front and rear setback requirements shall be
25 feet from the property line, and the minimum side
setback requirements shall be 10 feet from the property
lines.
7.2 Height Requirements
No building shall exceed thirty (30) feet in height.
7.3 Lighting
Lighting of the site shall be designed so that it does
not shine on adjacent residential lots.
7.4 Trash Collection
8. BUILDING HEIGHT
Trash collection and pick up areas shall be located and
screened so that it does not adversely affect adjacent
lots.
7.5 Site Drainage
Site drainage shall ensure that runoff does not flow onto
adjacent single family lots.
The maximum height for all buildings shall be two (2) stories,
except any building within a one hundred (100) foot wide strip
along the southerly boundary of the Property where it abuts a
single family residential lots shall be limited to one story
in height.
9. SPECIAL DESIGN STANDARDS
9.1 Roofs
All buildings shall have pitched roofs, be designed to
harmonize with a residential neighborhood and, before
construction, be approved in writing by the Director of
Planning.
9.2 Outdoor Storage
No outdoor storage units of any kind will be permitted.
9.3 Exterior Finish
Exterior Finish shall be 75% masonry.
9.4 Signs
All freestanding signs shall be restricted to monument
signs constructed of low maintenance materials.
5.
10. UTILITIES
Prohibited signs include bench signs, billboards, 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. Appropriate materials shall be masonry with
a maximum height of six feet.
All utilities, other than existing perimeter lines and three
phase or larger lines, shall be placed underground.
11. PARKING AND LOADING
All parking and loading requirements shall be as provided as
set forth for each respective use in the Zoning Ordinance of
this Code.
12. SITE PLAN APPROVAL REOUIRED
The Development Review Board shall be required to ensure that
design standards set forth in this Development plan are met,
prior to the issuance of a building permit.
13. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
13.3 Changes in Writing
Neither this Agreement or 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.
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and the Director of Public Works.
13.2 Major Changes
14. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
6.
CITY OF ROUND ROCK
(14/4 Culp p, Mayor
Date: /
By:
Charles
DASHT ENTERPRISES, INC.
By:
Printed Name MIRE c /R/
Its: P,e55.
DATE: December 12, 1995
SUBJECT: City Council Meeting, December 14, 1995
ITEM: 12.A Consider an ordinance to rezone Lot 2, Amended Plat of
Block C, Lot 27, Round Rock West Section 5 (2.59 acres of
land) from SF -2 (Single Family- Standard Lot) to PUD No.
25. (Planned Unit Development No. 25). (First Reading)
STAFF RESOURCE PERSON: Joe Vining
STAFF RECOMMENDATION: Approval
The Planning and Zoning Commission recommended rezoning Lot 2,
Amended Plat of Block C, Lot 27, Round Rock West Section 5 (2.59 acres of
land) from SF -2 (Single Family - Standard Lot) to PUD No. 25. (Planned Unit
Development No. 25). Staff supports this recommendation.
ECONOMIC IMPACT: None.
STATE 0 TEXAS §
COUNTY 0 WILLIAMSON §
ter rises
That ... , Organ and existing under the laws of the State
and through its Being the holder of a lien by way of
Volume 2 3 88 page 3 3 of the Official Records of Willi
consent to the Agreement d Development Plan of
City of Round Rock, NV r ,n County, Texas, and does
to all provisions shown herein.
(Name of Lienholder)
B ELCA Loan Fund
its
(Typed Name)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged befo me on the day of 199_,
by , of on behalf of said
Notary Public, State of Texas /
Printed Name:
My commission expires: j
e
EXHIBIT B
Texasactin herein by
ed ru in
n County, Texas does hereby
Acres of land situated in the
hereby join, approve, and consent