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Z-96-06-13-9B - 6/13/1996 (2)ORDINANCE NO. Z' ` (0 at:)' J 3 / v 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 RE -ZONE 8.46 ACRES OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, AND 17.84 ACRES OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO.297, KNOWN AS THE ROCKING HORSE RANCH SUBDIVISION, CURRENTLY ZONED MULTI - FAMILY (MF), IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, TO ROCKING HORSE RANCH PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 26. 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 properties described in Exhibit "A" and Exhibit "B ", attached hereto and incorporated herein, as Rocking Horse Ranch Planned Unit Development (PUD) No. 26, said Exhibits 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 an oning Commission held a public hearing concerning the requested change on the the 23rd day of April, 1996, 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 Exhibits "A" and "B" be changed to Rocking Horse Ranch PUD No. 26, and C : \T8 %T \SBPU"S \ROCKINGN- ORRD /cdc WHEREAS, on the 9th day of May, 1996, 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. 26 meets the following goals and objectives: (1) The development in PUD No. 26 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 26 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 26 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. 26 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. 26 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. II. 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 properties described in Exhibits "A" and "B ", attached hereto and incorporated herein shall be, and is heresfter designated as Rocking Horse Ranch Planned Unit Development (PUD) No. 26, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 26 attached hereto as Exhibit "C", 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 day of 1996. Alternative 2. READ and APPROVED on first reading this the / day of 1996. 3. READ, APPROVED and ADOPTED on second reading this the day of , 1996. ATTEST: NE 1 .� // /L /A%/ LAND, City Secretary HARLES CUL R, Mayor City of Round Rock, Texas 4. FIELD NOTES FOR TRACT ONE - 16.841 ACRE TRACT EXHIBIT "A" Page 1 of 3 ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED AS A 16.843 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe found at the Northeast corner of the said 16.843 acre tract, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of Williamson County, Texas, being in the South r.o.w. line of U.S. Hwy No. 79 for the Northeast corner hereof; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, .S 00° 30' 38" E for a distance of 545.52 feet to an iron pin found at the. Northeast corner of that certain 0.997 acre tract of land as conveyed to First Federal Savings & Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Williamson County, Texas; THENCE continuing along the East line of the said 16.843 acre tract, being along the North, the West and the South lines of the said 0.997 acre tract, for the following courses: S 89 29' 30" W for a distance of 216.85 feet to an iron pin found S 20° 23' W for a distance of 156.92 feet to an iron pin found S 79° 00' E for a distance of 272.55 feet to an iron pin found in the West line of the said 5.84 acre tract, being at the Southeast corner of the said 0.997 acre tract; THENCE contin ing along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 16° 32' W at a distance of 414.7 feet passing the end of a fence and continuing for a total distance of 474.90 feet to a point in the approximate centerline of Brushy Creek, being at the Southeast corner of the said 16.843 acre tract, for the Southeast corner hereof; THENCE along the South line of the said 16.843 acre tract, being along the approximate centerline of Brushy Creek, N 80 ° 19' W for a distance of 241.50 to an angle point and N 64° 56' W for a distance of 479.80 feet to a point, being the Southwest corner of the said 16.843 acre tract, for the Southwest corner hereof; THENCE along the West line of the said 16.843 acre tract, N 09 16' 30" E at a distance of 29.16 feet passing a 60 -d nail found in a 48" tree and continuing for a total distance of 625.30 feet to an iron pin found; FIELD NOTES FOR Survey Updated: June 23, 1993 EXHIBIT "A" 16.841 ACRE TRACT - Page Two THENCE continuing along the West line of the said 16.843 acre tract, N 06° 09' 20" W for a distance of 237.27 feet to an iron pin found at the Northwest corner of the said 16.843 acre tract, being at the Northeast corner of that certain 7.85 acre tract of land as conveyed to Billy Davis by deed recorded in Volume 523, Page 88 of the Deed Records of Williamson County, Texas, being in the South r.o.w. line of U.S. Hwy No. 79, for the Northwest corner hereof; THENCE along the North line of the said 16.843 acre tract, being the South r.o.w. line of U.S. Hwy No. 79, N 01° 50' E for a distance of 739.07 feet to the PLACE OF BEGINNING and containing 16.841 acres of land, more or less. AS SURVEYED BY: W. HARVEY SMITH SURVEYOR, INC °A � OY D. SMITH ROY p. SNIT} SMITH REGISTERED PROFESSIONAL SURV December 6, 1991 Job No. 36437 -56 Page 2 of 3 FIELD NOTES FOR TRACT TWO - 0.997 ACRE ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE TEP P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, BEING THAT SAME TRACT OF LAND DESCRIBED AS A 0.997 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS 6 LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, THE HEREIN DESCRIBED TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an iron pipe found in the South r.o.w. line of U.S. Hwy No. 79, being at the Northeast corner of that certain 16.843 acre tract of land as conveyed to First Federal Savings and Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Willamson County, Texas, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of Williamson County, Texas; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00° 30' 38" E for a distance of 545.52 feet to an iron pin found at the Northeast corner of the said 0.997 acre tract, for the Northeast corner and PLACE OF BEGINNING hereof; THENCE along the East line of the said 0.997 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00 30' E for a distance of 182.34 feet to an iron pin found at an angle point and S 16° 32' W for a distance of 19.50 feet to an iron pin found at the Southeast corner of the said 0.997 acre tract, for the Southeast corner hereof; THENCE along the South line of the said 0.997 acre tract, N 79 00' W for a distance of 272.55 feet to an iron pin found for the Southwest corner hereof; THENCE along the west line of the said 0.997 acre tract, N 20° 23' E for a distance of 156.92 feet to an iron pin found for the Northwest corner hereof; THENCE along the North line of the said 0.997 acre tract, N 89 29' 30" E for a distance of 216.85 feet to the PLACE OF BEGINNING and containing 0.997 acre of land, more or less. AS SURVEYED BY: W. HARVEY SMITH SURVEYOR, INC. EXHIBIT "A" Page 3 of 3 Job No. 36437 -56 A Y IV° 79 S 81'5IS09' E 139.06' 1E73. / // / / // 7 / At_ Location Map N 8 °71'41* 23 9.25' Exhibit to Accompany Zoning Application 17.64 Acres out of the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas t■Z 8 Salt 1' • 100' VC-L. 3F: PG. 291 ACRES 16 20. ises Exhibit B DESCRIPTION FOR BILLY C. DAVIS BEING 8.46 acres of the P.A. Holder Survey, Abstract No. 297, in Williamson County, Texas, the same tract described as being 7.35 acres in a deed to Billy C. Davis, et. ux., of record in Vol. 523, Page 88, Deed Records of Williamson County, Texas. Surveyed an the ground in August of 1980, under the direction of Wm. F. Foresr, Jr., Registered Public Surveyo.' No. 1847. BEGINNING ac an iron ! found in the South line of U.S. 79 ac che Northeast corner of che said 7.85 acre tract and at the Northwest corner of a 17.84 acre trart owned by Ervin A. Saacz. Said 17.84 acres being the remainder of a 30 acre tract described in Vol. 434, Page 617, D /R. THENCE S 06 ° 11' E 237.38 feet with n fence, an iron pin found, and 5 09 ° 16' W for 596.7 feet follow a fence, continuing in all 625.3 feet co the center of Brushy Creek. THENCE upstream with che center of Brushy Creek, N 67 ° 53'40" W 352.09 feet. THENCE N 00 ° 12'30" E at 220.0 feet join and follow a fence, continuing in all 445.07 feet co an iron pin found at a fence corner. THENCE N 75 ° 13'10" W at 382.51 feet pass a nail set in a 36 inch Liveoak, continuing in all 456.18 feet to the upper: Southwest corner of the 7.85 acre tract. (The East 382.51 feet of this line is fenced.) THENCE N 65 ° 40'I0" F. e1 11.15 poo'c an Iron pin found and join and follow a fen.v, continuing in all 113.66 feet co an iron pin found. Thit point is in the South line of U.S. 79. THENCE 634.35 feet with the arc of a curve having a radius of 2950.87 feet, the chord bears N 88 ° 05'20" F 643.07 feet to a ronrrete R.O.W. marker at the end of the curve. THENCE N 81 ° 50' E 180.88 feet with the South 8.0.0, line of U.S. 79, to the POINT OF 8EG5NNING. STATE OF TE %AS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: I, W.F. FOREST, do hereby certify that the above described tract was surveyed on [he ground under my supervision and that the above description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WIT9ESS my hand and seal at Georgetown, Texas, ch i., the 25th day of August, 1980, A.D. C t � W.F. FOREST REGISTERED PUBLIC SNRVE OR NO. 101 4 -1 -Jo oint of • Beginning Location Map 2646'001 USA; VOL WI, P0.21.7 kt 1655,1f7/11: aiisaR PG564 R 2925.07' = cake T 204.51 L 404142' Ataii Exhibit to Accompani- Zoning Application 7.85 Acre of the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas ilIGYI 1130. N8150 January 10. 1999 Fisher Ha ood, iDe. mew TOO Arg Rocking Horse Ranch PUD Agreement STATE OF TEXAS § COUNTY OF WILLIAMSON § That , Jeffrey N. Drinkard, the outright owner of the certain tract in Volume 2089, Page 633, of the Official Records of Williamson County, Texas do hereby state there are no lien holders of the certain tract of land. EXHIBIT B STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowleQ _• ed before me on the p(`�ln day of I9% by _ _ _ N �L of said ofa PUb1ic, tae oY Texas Print Name: My commission expires: STATE OF TEXAS § COUNTY OF WILLIAMSON § That I, Billy C. Davis, and Iris J. Davis, the outright owners of the certain tract in Volume 523, Page 88, of the Official Records of Williamson County, Texas do hereby state there are no lien holders of the certain tract of land. STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the C t t 1996 by alt, C. s on behalf of said c, �t o exas Print Name: ` I 1 VG < v-‘14 f - (2,VL c, My commission expires: Davis 04dner Iris J. ( ) EXHIBIT B This instrument was acknowledged before me on the 1996 by _Dtih . 1 on behalf of said N oory ulilic, hate of Texas Printed Name: 1l2() ki 1 A & \ Iti' My commission expires: day of day of THE STATE OF TEXAS COUNTY OF WILLIAMSON 2. CHANGES AND MODIFICATIONS C \TE %T \SEPUDS \ROCKINGH_ PLN /cdc EXHIBIT "C" § AGREEMENT AND § DEVELOPMENT PLAN § FOR ROCKING HORSE RANCH PUD NO. 26 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 BILLY C. DAVIS and IRIS J. DAVIS and JEFFREY D. DRINKARD, their respective successors and assigns, having its offices at 91C) 1.140TAGE eENTER Ch€CLE A (hereinafter referred to as the i 'O "Owner ") . LIAJD eock,T 4'/o/aL WHEREAS, the Owner has submitted a request to the City to zone 26.3 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibits "C -1" and "C -2" attached hereto and made a part hereof (hereinafter referred to as n th "Property "), and WHEREAS, on 4 2 /994„ the Planning and Zoning Commission recommended approv41 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. That no changes or modifications will be made to this Agreement unless all provisions pertaining to changes or modifications as stated in Section II.12, 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 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 "C -3 ". 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations pertaining to Living Unit Equivalents, water usage and land use under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section does not prevent the Owner from conveying the property, or any portion thereof, together with all development rights and obligations contained in this Agreement and Development Plan. 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. 2. 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. 1. DEFINITIONS 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 5.10 Effective Date. 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 (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 3. City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Attn: Director of Planning 2 PROPERTY This Development Plan ( "Plan ") covers 26.3 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibits "C -1" and "C -2 ", attached hereto and incorporated herein. 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 5. PERMITTED USES 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. The property listed below shall be used and developed as follows and shall conform to all requirements as set forth in this Agreement and Plan and, if not set forth herein, by applicable sections in the Code: 5.1 Multi - Family Residential The properties described in Exhibits "C -1" and "C -2" shall be used and developed for standard Multi- Family Residential (MF) uses, except as modified in accordance with the development standards set forth in Exhibit "C- 4", attached hereto and incorporated herein. 4 6. BUILDING DENSITY AND HEIGHT Building density and height shall be in accordance with the development standards set forth in Exhibit "C -4 ", attached hereto and incorporated herein 7. LANDSCAPING and BUFFERING Landscaping and buffering shall be regulated by the development standards set forth in Exhibit "C -4 ". 8. PARKING AND LOADING Parking and loading shall be as provided in accordance with the development standards set forth in Exhibit "C -4 ", attached hereto. 9. UTILITIES All utilities, other than existing overhead perimeter lines and lines which are three phase or larger shall be installed underground. 10. SIGN STANDARDS Sign Standards shall be as provided in accordance with the development standards set forth in Exhibit "C -4 ", attached hereto. 11. PROHIBITION OF MINERAL EXPLORATION The mining, drilling, exploring, operating, removing or developing of any property within the PUD for oil, gas, or other minerals is prohibited. 12. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 12.1 Minor Changes 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. 12.2 Major Changes Major changes shall be resubmitted following the same procedure required in the original PUD application. 12.3 Changes in Writing Neither this Agreement or Plan nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument 5. 13. GENERAL PLAN AMENDED in writing signed by the City and the current Owner. The Round Rock General Plan 1990 is hereby amended to reflect the provisions of this agreement. 14. BINDING EFFECT This Agreement and Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. 15. EFFECT ON LIVING UNIT EQUIVALENTS,AND OTHER INFRASTRUCTURE The zoning of the Property as a PUD does not guarantee water and wastewater plant capacity or any rights to Living Unit Equivalents, as defined by the Code of Ordinances of the City of Round Rock. 6. CITY OF ROUND ROCK By Date: C arles Culpep• -r, Mayor IRIS J. DAVI aLati )q chP // �' f dl- r LA -K-- BILLY C. 'AVIS FIELD NOTES FOR EXHIBIT "C TRACT ONE - 16.841 ACRE TRACT Page 1 of 3 ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBEDAS A 16.843 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe found at the Northeast corner of the said 16.843 acre tract, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of Williamson County, Texas, being in the South r.o.w. line of U.S. Hwy No. 79 for the Northeast corner hereof; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, .S 00 30' 38" E for a distance of 545.52 feet to an iron pin found at the. Northeast corner of that certain 0.997 acre tract of land as conveyed to First Federal Savings & Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Williamson County, Texas; THENCE continuing along the East line of the said 16.843 acre tract, being along the North, the West and the South lines of the said 0.997 acre tract, for the following courses: S 89 29' 30" W for a distance of 216.85 feet to an iron pin found S 20° 23' w for a distance of 156.92 feet to an iron pin found S 79° 00' E for a distance of 272.55 feet to an iron pin found in the West line of the said 5.84 acre tract, being at the Southeast corner of the said 0.997 acre tract; THENCE continuing along the East line of the said 16.843 acre tract, being 'the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 16° 32' W at a distance of 414.7 feet passing the end of a fence and continuing for a total distance of 474.90 feet to a point in the approximate centerline of Brushy Creek, being at the Southeast corner of the said 16.843 acre tract, for the Southeast corner hereof; THENCE along the South line of the said 16.843 acre tract, being along the approximate centerline of Brushy Creek, N 80 ° 19' W for a distance of 241.50'feet to an angle point and N 64° 56' W for a distance of 479.80 feet to a point, being the Southwest Corner of the said 16.843 acre tract, for the Southwest corner hereof; THENCE along the West line of the said 16.843 acre tract, N 09° 16' 30" E at a distance of 29.16 feet passing a 60 -d nail found in a 48" tree and continuing for a total distance of 625.30 feet to an iron pin found; FIELD NOTES FOR 16.841 ACRE TRACT - Page Two EXHIBIT "C THENCE continuing along the West line of the said 16.843 acre tract, N 06° 09' 20" W for a distance of 237.27 feet to an iron pin found at the Northwest corner of the said 16.843 acre tract, being at the Northeast corner of that certain 7.85 acre tract of land as conveyed to Billy Davis by deed recorded in Volume 523, Page 88 of the Deed Records of Williamson County, Texas, being in the South r.o.w. line of U.S. Hwy No. 79, for the Northwest corner hereof; THENCE along the North line of the said 16.843 acre tract, being the South r.o.w. line of U.S. Hwy No. 79, N 81° 50' E for a distance of 739.07 feet to the PLACE OF BEGINNING and containing 16.841 acres of land, more or less. AS SURVEYED BY: W. HARVEY SMITH SURVEYOR, INC (6g ROY7. SMITH REGISTERED PROFESSIONAL SURV December 6, 1991 Survey Updated: June 23, 1993 siFg - fi�, o ,N� I ROY D. SMITH 094 Job No. 36437 -56 Page 2 of 3 FIELD NOTES FOR TRACT TWO - 0.997 ACRE Survey Updated: June 23, 1993 EXHIBIT "C'1" Page 3 of 3 ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A. HOLDER SURVEY ABSTRACT N0. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED AS A 0.997 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF THE PARTICULARLYODESCRIBEDX BY METES AND TRACT BEING MORE LOWS : th BEGINNING FOR REFERENCE at an being pipe eh SO Nodt h Northeast t horn S r.o.w. line of U.S. Hwy No. 79, 9 at that certain 16.843 acre tract of land as conveyed to First Federal Savings and Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Willamson County, Texas, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of Williamson County, Texas; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00° 30' 38" E for a distance of 545.52 feet to an iron pin found at the Northeast corner of the said 0.997 acre tract, for the Northeast corner and PLACE OF BEGINNING hereof; THENCE along the East line of the said 0.997 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00° 30' E for a distance of 182.34 feet to an iron pin found at an angle point and S 16° 32' W for a distance the feet pin or found at the of THENCE along the South line of the-said 0.997 acre tract, N 79° 00' W for a distance of 272.55 feet to an iron pin found for the Southwest corner hereof; THENCE along the West line of the said 0.997 acre tract, N 20° 23' E for a distance of 156.92 feet to an iron pin found for the Northwest corner hereof; THENCE along the North line of the said 0.99 acre tract, N 89° 29' 30" E for a distance of 216.85 feet OF BEGINNING and containing 0.997 acre of land, more AS SURVEYED BY: W. HARVEY SMITH SURVEYOR, INC. OY CJ." SMITH REGI TE500 PROFESSIONAL SURVJ`.',Y R•.. J.. T(+ 4 /ma ..... �.: N. December 6, 1991 Job No. 36437 -56 hr—IAY o. GHW 79 t3/4 81'5009° E 739.06 EZLY OKIIS Ei2. PS. I! 7..?5 i.C.. Location Map P.SPii:S+E i.P1 Pi:. PE: ASP.FS z N RA 239.25' W Exhibit to Accompany Zoning Application 17.64 Acres out of the PA. - Holder Survey, Abstract No. 297 in Williamson County, Texas rat 1522 Fc, 7gE sPLE I . 10Cr EF.Wi% RE:SEE E!i ACRES Exhibit "C -2' DESCRIPTION FOR BILLY C. DAVIS BEING 8.46 acres of the P.A. Holder Survey, Ahscract No. 297, in Williamson County, Texas, the same tract described as being 7.85 acres in a deed to Billy C. Davis, et. ux., of record in Vol. 523, . Page 88, Deed Records of Williamson County, Texas. Surveyed on the ground in August of 1980, under the direction of Wm. F. Forest, .Ir , Registered Public Surveyor - No. 1847. BEGINNING at an iron ! .. found in the South line of U.S. 79 at the Northeast corner of the said 7.85 acre tract and at the Northwest corner of a 17.84 acre rrart owned by Ervin A. Kuatz. Said 17.84 acres being the remainder of a 30 acre tract described in Vol. 434, Page 617, D /R. THENCE 5 06 ° 41' E 237.38 feet with n fence, an iron pin found, and S 09 ° 16' W for 596.7 feet follow a fence, continuing in all 625.3 feet co the center of Brushy Creek. THENCE upstream with the center of Brushy Creek, N 67 ° 53'40" W 352.09 feet. THENCE N 00 ° 12'30" E at 220.0 feet join and follow a fence, continuing in all 445.07 feec co an Iron pin found at a fence corner. THENCE N 75 ° 13'10" W at 382.51 feet pass a nail set in a 36 inch Liveoak, continuing in all 456.18 feet to the upper -Sruthwest corner of the 7.85 acre tract. (The East 382.51 feet of this line is fenced.) THENCE N 09 ° 40'10" E .It pa,s an Iron pin found and join and follow ; fe nrn, continuing in all 113.66 feet to an iron pin found! This point 1s in the South line of U.S. 79. THENCE 644.35 feet with the arc of a curve having a radius of 2950.87 feet, the chord bears N 88 ° 05'20" F. 643.07 feet to a concrete R.O.W. marber nl the end of the curve. THENCE N 81 ° 50' E 180.68 feet with the South R.O.W. line of U.S. 79, to the POINT OF BEGINNING. STATE OF TE %AS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: I, W.F. FOREST, do hereby certify that the above described tract was surveyed on the ground under my supervision and that the above description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas, this the ?5th day of Au.,ust. 1980, A.D. RF.G1 STEREO PUBLIC SIIRVEI / 0R N0. 101 N\ W.F. FOREST • wrra7..1 i ' WW1 • ,411W. re; - . „ ....n , „ .: ROUND ROC — .44 : .? ini■nrceeis■remaaPar .; ROUND 1 . - • oint of Beginning Location tda 7ALS.53. 301..1319. P,3 37 1653,157/1E g 355/NH 301 053 0006; 5 55 3,, ----- — — 1 N 9 R 2925.01 D 0800 T 204.54' 1011-50001- L 4138.42' 086'46'00E 237.27 5103561 030KEI1EI Exhibit to Accompany Zoning Application 7.85 Acre of the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas 17,5• _4:553E1 5, 35630001 355 1545. '3611 , 5 '533 g SCALD ' r toy 00n337 10, 101 Fisher Ha ood Inc 2. DENSITY AND HEIGHT: c :AtEXT \sEEUD$ \RocktNGY..Exx /cac EXHIBIT "C -4" DEVELOPMENT STANDARDS MULTI - FAMILY RESIDENTIAL, 1. PERMITTED USE: Apartments and Condominiums. 2.1 Three Hundred and Fifty -Six (356) units for the entire 26.3 acres. 2.2 Allow use of 2 and 3 story building design (3 story structure with 2 story height at each end of building) along Hwy. 79 (see sketch attached hereto as Exhibit "C- 4.1 "). Restrict use of full 3 story buildings to areas outside a 200' setback from the highway. 3. ACCESS: Two entrances, pending approval by the Texas Department of Transportation, shall be permitted to the PUD from Palm Valley Boulevard. One primary entrance shall be located directly across from FM 1460 and shall be designed to function with the existing stop light. The secondary entrance shall be for ingress only. This ingress -only entrance may be altered to allow both ingress and egress if supported by a traffic engineering study and if approved by the Department of Planning and Community Development, the Department of Public Works and the Texas Department of Transportation. 4. PARKING REQUIREMENTS: Parking shall be provided as follows: 4.1 Efficiency units - 1.5 spaces. 4.2 One bedroom units - 1.5 spaces. 4.3 One bedroom /den units - 1.75 spaces. 4.4 Two bedroom units - 2.0 spaces. 4.5 Three bedroom units - 2.5 spaces. 4.6 Additional guest spaces shall be provided in a number equal to three percent of the number of 5. LANDSCAPING & BUFFERING: parking spaces required for the total number of units. 6. FENCING: 4.7 All parking spaces shall be a minimum of nine feet (9') wide. 4.8 No recreational vehicles, boats or trailers shall be allowed to be parked in any street yard. 5.1 Trees: All trees over 20 inches in diameter shall be accounted for in the site plan presented to the Development Review Board the "DRB ". The DRB shall insure that as many of these trees as possible are preserved. 5.2 Maintenance: All landscaping shall be maintained and irrigated by the property owner or a property owners association which has been approved by the City Attorney. 5.3 Site Plan: The site plan presented to the DRB shall provide adequate screening of all parking facilities from all public streets. Such screening shall consist of trees (minimum three inch caliper), shrubs and /or earthen landscaped berms. All perimeter fences shall be constructed as part of a comprehensively designed fence. Fencing materials shall be woodcrete, rust resistant iron, masonry, or masonry posts with wood fence. Fence supports shall be masonry or rust resistant steel or iron. All fencing shall be constructed so that a finished surface faces out. Fence construction plans shall be approved by the Director of Planning prior to construction to ensure stability, durability and aesthetics. 7. SIGNS: 7.1 All signs shall be masonry monument signs. 7.2 Signs shall not exceed six feet in height. 7.3 Signs shall not restrict visibility for traffic entering or leaving the site. 7.4 One sign shall be permitted at each entrance to the site. The maximum area of each sign, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet per side. Portions of the masonry structure on which the sign is located is not counted as part of this fifty feet provided it is not contained within the polygon. Double sided signage is permitted. 7.5 Directional signs solely for the purpose of directing traffic or identifying buildings and facilities shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. 8. DEVELOPMENT REVIEW BOARD (DRB): A site plan shall be approved by the City DRB prior to the issuance of a building permit. The DRB shall review the site plan for compliance with the provisions of this agreement and other Code requirements. 11 CI1 III LJ rJj 11' uuuuu1111111o1m lliill ;; 111111111 111111111 II 11 m Ili III LD II1 1111111111111111111111 rn Exhibit C - 4.1 END Date: June 11, 1996 Subject: City Council Meeting June 13, 1996 Item: 9.B. Consider an ordinance to rezone 17.838 acres of land from MF (Multifamily) and 8.46 acres of land from C -1 (General Commercial to Planned Unit Development (PUD) No. 26. (Rocking Horse Ranch PUD) (Second Reading) (Tabled 5/23/96). Staff Resource Person: Joe Vining On April 23,1996 the Planning and Zoning Commission recommended rezoning these tracts of land to Planned Unit Development (PUD) No. 26. First reading was held May 9. The owners are now in a position to continue with their plans and have requested the second reading. STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK OFFICIAL RECORDS WILLIAMSON COUNTY, TEXAS DOC# 9640650 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 two meetings held on the ! day of ! 612-'41—s 19 ILO and the J3 day of C , 19 94.47 which is recorded in the minutes of the City of Round Rock in book L35 WITNESSED by my hand and se 1of the City of Round Rock, Texas on this day of l/ , 19 41 0. G (OA Jag 40. NNE LAND istant City Manager/ City Secretary 31 ORDINANCE NO. Z 9 (0" Q&- /3- q.8 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 RE -ZONE 8.46 ACRES OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, AND 17.84 ACRES OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT NO.297, KNOWN AS THE ROCKING HORSE RANCH SUBDIVISION, CURRENTLY ZONED MULTI - FAMILY (MF), IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, TO ROCKING HORSE RANCH PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 26. 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 properties described in Exhibit "A" and Exhibit "B ", attached hereto and incorporated herein, as Rocking Horse Ranch Planned Unit Development (PUD) No. 26, said Exhibits 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 the 23rd day of April, 1996, 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 Exhibits "A" and "B" be changed to Rocking Horse Ranch PUD No. 26, and C : \tom \SEPUDS ROCKINGH ORD /cdc WHEREAS, on the 9th day of May, 1996, 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. 26 meets the following goals and objectives: (1) The development in PUD No. 26 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 26 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 26 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. 26 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. 26 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. II. 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 properties described in Exhibits "A" and "B ", attached hereto and incorporated herein shall be, and is heresfter designated as Rocking Horse Ranch Planned Unit Development (PUD) No. 26, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 26 attached hereto as Exhibit "C", 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 day of , 1996. Alternative 2. READ and APPROVED on first reading this the /- day of 1996. 3. READ, APPROVED and ADOPTED on second reading this the i 1 ' day of , 1996. ATTEST: r1i JAA1 / %49 4L E LAND, City Secretary HARLES CULL r ? "R, Mayor City of Round Rock, Texas 4. FIELD NOTES FOR TRACT ONE - 16.841 ACRE TRACT EXHIBIT "A" Page 1 of 3 ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED AS A 16.843 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS S LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe found at the Northeast corner of the said 16.843 acre tract, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of Williamson County, Texas, being in the South r.o.w. line of U.S. Hwy No. 79 for the Northeast corner hereof; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, .S 00° 30' 38" E for a distance of 545.52 feet to an iron pin found at the. Northeast corner of that certain 0.997 acre tract of land as conveyed to First Federal Savings 6 Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Williamson County, Texas; THENCE continuing along the East line of the said 16.843 acre tract, being along the North, the West and the South lines of the said 0.997 acre tract, for the following courses: 5 89° 29' 30" W for a distance of 216.85 feet to an iron pin found S 20° 23' w for a distance of 156.92 feet to an iron pin found S 79° 00' E for a distance of 272.55 feet to an iron pin found in the West line of the said 5.84 acre tract, being at the Southeast corner of the said 0.997 acre tract; THENCE continuing along the East line of the said 16.843 acre tract, being the West_line of the said 5.84 acre tract, as fenced and used upon the ground, S 16 32' W at a distance of 414.7 feet passing the end of a fence and continuing for a total distance of 474.90 feet to a point in the approximate centerline of Brushy Creek, being at the Southeast corner of the said 16.843 acre tract, for the Southeast corner hereof; THENCE along the South line of the said 16.843 acre tract, being along the approximate centerline of Brushy Creek, N 80 ° 19' W for a distance of 241.50 •feet to an angle point and N 64 56' W for a distance of 479.80 feet to a point, being the Southwest corner of the said 16.843 acre tract, for the Southwest corner hereof; THENCE along the West line of the said 16.843 acre tract, N 09 16' 30" E at a distance of 29.16 feet passing a 60 -d nail found in a 48" tree and continuing for a total distance of 625.30 feet to an iron pin found; FIELD NOTES FOR EXHIBIT "A" 16.841 ACRE TRACT - Page Two THENCE continuing along the west line of the said 16.843 acre tract, N 06° 09' 20" W for a distance of 237.27 feet to an iron pin found at the Northwest corner of the said 16.843 acre tract, being at the Northeast corner of that certain 7.85 acre tract of land as conveyed to Billy Davis by deed recorded in Volume 523, Page 88 of the Deed Records of Williamson County, Texas, being in the South r.o.w. line of U.S. Hwy No. 79, for the Northwest corner hereof; THENCE along the North line of the said 16.843 acre tract, being the South r.o.w. line of U.S. Hwy No. 79, N 81° 50' E for a distance of 739.07 feet to the PLACE OF BEGINNING and containing 16.841 acres of land, more or less. AS SURVEYED BY: W. HARVEY SMITH SURVEYOR, INC � 31 J � � c PO r D. SMITH ff ROY p. SMITH r.,, 4094 -: REGISTERED PROFESSIONAL SURV I ° . S` �• December 6, 1991 g Survey Updated: June 23, 1993 Job No. 36437 -56 Page 2 of 3 FIELD NOTES FOR TRACT TWO - 0.997 ACRE EXHIBIT "A" ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED AS A 0.997 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS 6 LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, THE HEREIN DESCRIBED TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an iron pipe found in the South r.o.w. line of U.S. Hwy No. 79, being at the Northeast corner of that certain 16.843 acre tract of land as conveyed to First Federal Savings and Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Willamson County, Texas, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of williamson County, Texas; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00° 30' 38" E for a distance of 545.52 feet to an iron pin found at the Northeast corner of the said 0.997 acre tract, for the Northeast corner and PLACE OF BEGINNING hereof; THENCE along the East line of the said 0.997 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00° 30' E for a distance of 182.34 feet to an iron pin found at an angle point and S 16° 32' W for a distance of 19.50 feet to an iron pin found at the Southeast corner of the said 0.997 acre tract, for the Southeast corner hereof; THENCE along the South line of the said 0.997 acre tract, N 79° 00' w for a distance of 272.55 feet to an iron pin found for the Southwest corner hereof; THENCE along the West line of the said 0.997 acre tract, M 20° 23' E for a distance of 156.92 feet to an iron pin found for the Northwest corner hereof; THENCE along the North line of the said 0.997' acre tract, N 89° 29' 30" E for a distance of 216.85 feet to the PLACE OF BEGINNING and containing 0.997 acre of land, more or less. AS SURVEYED BY: W. HARVEY SMITH SURVEYOR, INC. Page 3 of 3 Job No. 36437 -56 EIL1 C. iA.F 332. FO. :5 7.3S Ac. US. HIGHWAY NO. 79 BV50.09. E 139.06' 46 w ut aa Location Map N 807141• w 2.39.25' W Exhibit to Accompany Zoning Application 17.84 Acres out of the PA. Holder Survey, Abstract No. 297 in Williamson County, Texas SE22 ACRES SCALE 107 FEISKE 5ii Pi. Zi! X..* 20. 1986 • Fisher Ila nod Inc. STATE OF TE %AS COUNTY OF WILLIAMSON RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory rpcorflation. Exhibit B DESCRIPTION FOR BILLY C. DAVIS BEING 8.46 acres of the P.A. Holder Survey, Abstract No. 297, in Williamson County, Texas, the same tract described as being 7.35 acres in a deed rn Billy C. Davis, et. ux., of record in Vol. 523, Page 88, Deed Records of Williamson County, Texas. Surveyed on the ground in August of 1980, under the direction of Wm. F. Forest, Ir., Registered Public Surveyo: No. 1847. 657155054 ac an iron „ in found in the South line of U.S. 79 at the Northeast corner of the said 7.85 acre tract and at the Northwest corner of a 17.84 acre tract owned by Ervin A. Rant.. Said 17.84 acres being the remainder of x 30 acre tract described in Vol. 434, Page 617, D /R. THENCE S 06 ° 11' E 237.38 feet wlch a fence, an iron pin found, and S 09 ° 16' W for 596.7 feet follow a fence, continuing in all 625.3 feet co the center of Brushy Creek. THENCE upstream with the center of Brushy Creek, N 67 ° 53'40" W 352.09 feet. THENCE N 00'12'30" E as 220.0 feet join and follow a fence, continuing in all 445.07 feet to an iron pin found at a fence corner. THENCE 9 75 ° 13'10" W at 382.51 feet pass a nail set in a 36 inch Liveoak, continuing in all 456.18 feet to the upper, Southwest corner of the 7,85 acre tract. (The East 382.51 feet of this line is fenced.) THENCE N 69'40'10" E at it,.1! feel p:,:::, an iron pin fnnn,i and join and follow a Ie„,e continuing in all 113.66 feet co an iron pin found. Thi. Point is in the South line of U.S. 79. THENCE. 613.35 feet with the are of n curve having a radius of 2950.87 feet, the chord bears N 88 ° 05'20" F 643.07 feet to a concrete R.O.W. marker at the end of the curve. THENCE N 81 ° 50' E 180.8B feet with the Soutl, 9.0.W. line of U.S. 19, co the POINT OF RECTNNING. I, W.F. FOREST, do hereby certify that the above described tract was surveyed on the ground under my supervision and chat the above description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, w1TNESS my hand and seal as Georgetown, Texas, this the 25th day of August, 1980, A.D. KNOW ALL MEN BY THESE PRESENTS: W.P. FOREST REGISTERED PURI.I4 SIIRVF.1t0R N0. 101 1'. 1 Z I - ROUND ROC y. 5 Local 57 ; . oint of Beginning s Q q E. k g n a EOM rc�u E nss.•mne: 4 EOM a g Location Map 588.46'00•E 257.27 t¥I(L sa is4 w !5: a- 292507 u s � H 10111'1 s D - 080000' 18a8f 1. 204.54 xa1'S0o•E L - 40841 PE6PiiiES Exhibit to Accompany- Zoning Application 7.85 Acre of the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas 0 I vur . r ,aa !moan 10. 199E Rocking Horse Ranch PUD Agreement STATE OF TEXAS § COUNTY OF WILLIAMSON § That , Jeffrey N. Drinkard, the outright owner of the certain tract in Volume 2089, Page 6 , of the Official Records of Williamson County, Texas do hereby state there are no lien holders of the certain tract of land. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowle• :ed before me on the ( day of 1996 by_�s_art \Lug behalf of said ta e x as o u. i c, ex as Print Name: My commission expires: ° VIRGINIA M. MORENO Way nac,saeamm ey cmmftson o1•11 § § EXHIBIT B STATE OF TEXAS § COUNTY OF WILLIAMSON § EXHIBIT B That I, Billy C. Davis, and Iris J. Davis, the outright owners of the certain tract in Volume 523, Page , of the Official Records of Williamson County, Texas do hereby state there are no lien holders of the certain tract of land. Billy C. Da is (Owner) STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the C ( 1996 by (3 ale- . tlrwiL on behalf of said ota utlfc, tat' of eT exas p � Printe Name: \J1VGt • &b4241so My commission expires: Iris J. Davis (O er) day of This instrument was acknowled &ed before me on the C day of 1996 yq�. �. s on behalf of said L ory N 'ulilic, ;ate of Texas Printed Name:\ i 1260 ■• ko fltike My commission expires: 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 BILLY C. DAVIS and IRIS J. DAVIS and JEFFREY D. DRINKARD, their respective successors and assigns, having its offices at 910 NE,2nrAGc ecArme ChecLE surr7 A (hereinafter referred to as the "Owner ") . koUA1b eo j ,'TX 7841414 WHEREAS, the Owner has submitted a request to the City to zone 26.3 acres of land as a Planned Unit Development ( "PUD "), said acreage being more particularly described by metes and bounds in Exhibits "C -1" and "C -2" attached hereto and made a part hereof (hereinafter referred to as the "Property "), and WHEREAS, on lyov /(, a3 /944. the Planning and Zoning Commission recommen approv 1 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 I1.12, below, are followed. C: \TEXT \,SE KIDS \ ROCK INGH. PLN /cdc EXHIBIT "C" § AGREEMENT AND § DEVELOPMENT PLAN § FOR ROCKING HORSE RANCH PUD NO. 26 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 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 "C -3 ". 5. MISCELLANEOUS PROVISIONS 5.1 Assignment. Neither party may assign its rights and obligations pertaining to Living Unit Equivalents, water usage and land use under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld. This section does not prevent the Owner from conveying the property, or any portion thereof, together with all development rights and obligations contained in this Agreement and Development Plan. 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. 2. 5.5 Applicable Law. 1. DEFINITIONS 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 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 5.10 Effective Date. 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 (1990 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 3. 2. PROPERTY This Development Plan ( "Plan ") covers 26.3 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibits "C -1" and "C -2 ", attached hereto and incorporated herein. 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 5. PERMITTED USES 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. The property listed below shall be used and developed as follows and shall conform to all requirements as set forth in this Agreement and Plan and, if not set forth herein, by applicable sections in the Code: 5.1 Multi - Family Residential The properties described in Exhibits "C -1" and "C -2" shall be used and developed for standard Multi- Family Residential (MF) uses, except as modified in accordance with the development standards set forth in Exhibit "C- 4", attached hereto and incorporated herein. 4. 6. BUILDING DENSITY AND HEIGHT Building density and height shall be in accordance with the development standards set forth in Exhibit `C -4 ", attached hereto and incorporated herein 7. LANDSCAPING and BUFFERING Landscaping and buffering shall be regulated by the development standards set forth in Exhibit "C -4 ". 8. PARKING AND LOADING Parking and loading shall be as provided in accordance with the development standards set forth in Exhibit "C -4 ", attached hereto. 9. UTILITIES All utilities, other than existing overhead perimeter lines and lines which are three phase or larger shall be installed underground. 10. SIGN STANDARDS Sign Standards shall be as provided in accordance with the development standards set forth in Exhibit "C -4 ", attached hereto. 11 PROHIBITION OF MINERAL EXPLORATION The mining, drilling, exploring, operating, removing or developing of any property within the PUD for oil, gas, or other minerals is prohibited. 12. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 12.1 Minor Changes 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. 12.2 Manor Changes Major changes shall be resubmitted following the same procedure required in the original PUD application. 12.3 Changes in Writing Neither this Agreement or Plan nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument 5. 13. GENERAL PLAN AMENDED in writing signed by the City and the current Owner. The Round Pock General Plan 1990 is hereby amended to reflect the provisions of this agreement. 14. BINDING EFFECT This Agreement and Plan binds and is to the benefit of the respective heirs, successors and assigns of the Owner. 15. EFFECT ON LIVING UNIT EOUIVALENTS,AND OTHER INFRASTRUCTURE The zoning of the Property as a PUD does not guarantee water and wastewater plant capacity or any rights to Living Unit Equivalents, as defined by the Code of Ordinances of the City of Round Rock. 6. CITY OF ROUND ROCK BY �/�,- L U Charles Culpep r, Mayor Date: i �) ) IRIS J. DAVI BILLY C. 'DAVIS FIELD NOTES FOR EXHIBIT "C., TRACT ONE - 16.841 ACRE TRACT THENCE along the West line of the said 16.843 acre tract, N 09° 16' 30•' E at a distance of 29.16 feet passing a 60 -d nail found in a 48" tree and continuing for a total distance of 625.30 feet to an iron pin found; Page 1 of 3 ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED•AS A 16.843 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS 6 LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID TRACT BEING MORE PARTICUARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pipe found at the Northeast corner of the said 16.843 acre tract, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of Williamson County, Texas, being in the South r.o.w. line of U.S. Hwy No. 79 for the Northeast corner hereof; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, .S 00° 30' 38" E for a distance of 545.52 feet to an iron pin found at the. Northeast corner of that certain 0.997 acre tract of land as conveyed to First Federal Savings Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Williamson County, Texas; THENCE continuing along the East line of the said 16.843 acre tract, being along the North, the West and the South lines of the said 0.997 acre tract, for the following courses; S 89° 29' 30" W for a distance of 216.85 feet to an iron pin found S 20° 23' W for a distance of 156.92 feet to an iron pin found S 79 00' E for a distance of 272.55 feet to an iron pin found in the West line of the said 5.84 acre tract, being at the Southeast corner of the said 0,997 acre tract; THENCE contin4ing along the East line of the said 16.843 acre tract, being Ithe WestJine of the said 5.84 acre tract, as fenced and used upon the ground, S 16° 32' W at a distance of 414.7 feet passing the end of a fence and continuing for a total distance of 474.90 feet to a point in the approximate centerline of Brushy Creek, being at the Southeast corner of the said 16.843 acre tract, for the Southeast corner hereof; THENCE along the South line of the said 16.843 acre tract, being along the approximate centerline of Brushy Creek, N 80 ° 19' W for a distance of 241.50 feet to an angle point and N 64 56' W for a distance of 479.80 feet to a point, being the Southwest corner of the said 16.843 acre tract, for the Southwest corner hereof; FIELD NOTES FOR 16.841 ACRE TRACT - Page Two THENCE continuing along the West line of the said 16.843 acre tract, N 06° 09' 20° W for a distance of 237.27 feet to an iron pin found at the Northwest corner of the said 16.843 acre tract, being at the Northeast corner of that certain 7.85 acre tract of land as conveyed to Billy Davis by deed recorded in Volume 523, Page 88 of the Deed Records of Williamson County, Texas, being in the South r.o.w, line of U.S. Hwy No. 79, for the Northwest corner hereof; THENCE along the North line of the said 16.843 acre tract, being the South r.o.w. line of U.S. Hwy No. 79, N 81° 50' E for a distance of 739.07 feet to the PLACE OF BEGINNING and containing 16.841 acres of land, more or less. AS SURVEYED BY: W. HARVEY SMITH SURVEYOR, INC OFf 1 4 ROY D. SMITH ROY ay�SM REGISTERED PROFESSIONAL SURV December 6, 1991 Survey Updated: June 23, 1993 EXHIBIT ' Job No. 36437 -56 Page 2 of 3 FIELD NOTES FOR TRACT TW'O - 0.997 ACRE ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE P.A. HOLDER SURVEY ABSTRACT NO. 297 IN WILLIAMSON COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED AS A 0.997 ACRE TRACT AS CONVEYED TO FIRST FEDERAL SAVINGS 6 LOAN ASSOCIATION BY DEED RECORDED IN VOLUME 1524, PAGE 581 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, THE HEREIN DESCRIBED TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING FOR REFERENCE at an iron pipe found in the South r.o.w. line of U.S. Hwy No. 79, being at the Northeast corner of that certain 16.843 acre tract of land as conveyed to First Federal Savings and Loan Association by deed recorded in Volume 1524, Page 581 of the Deed Records of Willamson County, Texas, being at the Northwest corner of that certain 5.84 acre tract of land as conveyed to Erwin Meiske by deed recorded in Volume 589, Page 291 of the Deed Records of Williamson County, Texas; THENCE along the East line of the said 16.843 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00° 30' 38" E for a distance of 545.52 feet to an iron pin found at the Northeast corner of the said 0.997 acre tract, for the Northeast corner and PLACE OF BEGINNING hereof; THENCE along the East line of the said 0.997 acre tract, being the West line of the said 5.84 acre tract, as fenced and used upon the ground, S 00 30' E for a distance of 182.34 feet to an iron pin found at an angle point and S 16 32' W for a distance of the an pin or found at the of THENCE along the South line of the said 0.997 acre tract, N 79° 00' W for a distance of 272.55 feet to an iron pin found for the Southwest corner hereof; THENCE along the West 1 O 20 23' E for a distance for the Northwest corner he THENCE along the North 1 N 89 29' 30" E for a dis BEGINNING and containing 0. AS SURVEYED BY: 0. HARVEY SMITH SURVEYOR, INC. OY C/ SMITH REGI TERED PROFESSIONAL December 6, 1991 Survey Updated: June 23, 1993 EXHIBIT °C'1° Page 3 of 3 ine of the said 0.997 acre tract, of 156.92 feet to an iron pin found reof; ine of the said 0.997 acre tract, tance of 216.85 feet to the PLACE OF 997 acre of land, more or less. Job No. 36437 -56 g - o t Location Map SERRCH S. 1"17.2C US. HIGHWAY NO. 79 14 81750'09. E 739.0e URNOARY =WANT 013\662 / / - 7 L Ass / - " .01 / / .:s` z / // // /7 / \Ku 239.2g. W Fahibit to Accompany Zoning Application 17.84 Acres out of the P.A. - Holder Survey, Abstract No. 297 in lfilliarnson County, Texas 5S2 ACRE"- IS P.U.E. 1360\itt / 8 rn 8 th ERIK; K4:myr. VOL. Sig PO. ?Al ACSES Much 20, 1905 DESCRIPTION FOR BILLY C. DAVIS BEING 8.46 acres of the P.A. Holder Survey, Abstract No. 297, in Williamson County, Texas, the same tract described as being 7.85 acres in a deed to Billy C. Davis, et. ux., of record in Vol. 523, Page 88, Deed Records of Williamson County, Texas. Surveyed on the ground in August of 1980, under the direction of Wm. F. Forest, Jr., Registered Public Surveyor No. 1847. BF.CINNINC at an iron pie found in the South line of U.S. 79 ac the Northeast corner of the said 7.85 acre tract and at the Northwest corner of a 17.84 acre tram owned by Ervin A. Raacz. Said 17,84 acres being the remainder of a 30 acre tract described in Vol. 434, Page 617, D /R. THENCE 5 06'11' E 237.38 feet with a fence, an iron pin found, and 5 09'16' W for 596.7 feet follow a fence, continuing in all 625.3 feet co the center of Brushy Creek. THENCE upstream with the center of Brushy Creek, N 67 ° 53'40" W 352.09 feet. THENCE N 00'12'30" E at 220.0 feet join and follow a fence, continuing in all 445.07 feet co an iron pin found at a fence corner. THENCE N 75'13'10" W at 382.51 feet pass a nail sec in a 36 inch Liveoak, continuing in all 456.18 feet Go the upper: Southwest corner of the 7.85 acre tract. (The East 382.51 feet of this line is fenced.) THENCE H r9'41Y'I0" F: 41 11..15 f,.,.i pa;:;: an Iron pin found and join and follow a fen.,, continuing in all 113.66 feet co an ir pin found. Thiq point is in the South line of U.S. 79. THENCE 644.35 feet with the ar., of a curve having a radius of 2950.87 feet, the chord bears N 88'05'20" F. 643.07 feet to a ronrrece R.0.W. marker a1 the end of the curve. THENCE N 81'50' E 180.86 feet with the South R.O.W. Line of U.S. 79, co the POINT OF 8EC7NN7NC. STATE OF TE %AS COUNTY OF WILLIAMSON Exhibit ° C -2." 1 KNOW ALL HEN BY THESE PRESENTS: I, W.F. FOREST, do hereby certify that the above described tract was surveyed on the ground under my supervision and chat the above description is true and correct to the best of my knowledge and belief. TO CERTIFY WHICH, WITNESS my hand and seal ac Georgetown, Texas, this the 25th day of Augnsr, 1980, A.D. W.F. FOREST c7.CISTFRVD PURI.IC SIIRVFIOR NO. 101 oint of Beginning Location Map " ----- D•)B7ioY USH 1GNFAI 0 • 0800'00 1B0B 1 • 504.54' 06156 L• /0&/2' DILLY C. DAMS SCL 512 PC. BB 7.55 At Iwa Tim I. 59646'00'[ ALSP. ICL15:5, PG1:7 1655!317/1t: AC 1 GCAii . . Vot (I1. 2!7.2r Exhibit to Accompany- Zoning Application 7.85 Acre of the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas 'uf.:AEG /A :5, Sit r • tar Jeremy 10. l86 Fisher Ha ood fac. ' ROUND ROC lieggirjr e ', Local', to— - 0 . - 1 Fa HOCK illiMillIMIIIMIIIIIMOMI oint of Beginning Location Map " ----- D•)B7ioY USH 1GNFAI 0 • 0800'00 1B0B 1 • 504.54' 06156 L• /0&/2' DILLY C. DAMS SCL 512 PC. BB 7.55 At Iwa Tim I. 59646'00'[ ALSP. ICL15:5, PG1:7 1655!317/1t: AC 1 GCAii . . Vot (I1. 2!7.2r Exhibit to Accompany- Zoning Application 7.85 Acre of the P.A. Holder Survey, Abstract No. 297 in Williamson County, Texas 'uf.:AEG /A :5, Sit r • tar Jeremy 10. l86 Fisher Ha ood fac. 1. PERMITTED USE: Apartments and Condominiums. 2. DENSITY AND HEIGHT: C: \SST \SEPUflS \ROCKINGH. = %H /cd EXHIBIT "C -4" DEVELOPMENT STANDARDS MULTI- FAMILY RESIDENTIAL 2.1 Three Hundred and Fifty -Six (356) units for the entire 26.3 acres. 2.2 Allow use of 2 and 3 story building design (3 story structure with 2 story height at each end of building) along Hwy. 79 (see sketch attached hereto as Exhibit "C- 4.1 "). Restrict use of full 3 story buildings to areas outside a 200' setback from the highway. 3. ACCESS: Two entrances, pending approval by the Texas Department of Transportation, shall be permitted to the PUD from Palm Valley Boulevard. One primary entrance shall be located directly across from FM 1460 and shall be designed to function with the existing stop light. The secondary entrance shall be for ingress only. This ingress -only entrance may be altered to allow both ingress and egress if supported by a traffic engineering study and if approved by the Department of Planning and Community Development, the Department of Public Works and the Texas Department of Transportation. 4. PARKING REQUIREMENTS: Parking shall be provided as follows: 4.1 Efficiency units - 1.5 spaces. 4.2 One bedroom units - 1.5 spaces. 4.3 One bedroom /den units - 1.75 spaces. 4.4 Two bedroom units - 2.0 spaces. 4.5 Three bedroom units - 2.5 spaces. 4.6 Additional guest spaces shall be provided in a number equal to three percent of the number of 5. LANDSCAPING & BUFFERING: 7. SIGNS: 7.1 7.2 parking spaces required for the total number of units. 4.7 All parking spaces shall be a minimum of nine feet (9') wide. 4.8 No recreational vehicles, boats or trailers shall be allowed to be parked in any street yard. 5.1 Trees: All trees over 20 inches in diameter shall be accounted for in the site plan presented to the Development Review Board the "DRB". The DRB shall insure that as many of these trees as possible are preserved. 5.2 Maintenance: All landscaping shall be maintained and irrigated by the property owner or a property owners association which has been approved by the City Attorney. 5.3 Site Plan: The site plan presented to the DRB shall provide adequate screening of all parking facilities from all public streets. Such screening shall consist of trees (minimum three inch caliper), shrubs and /or earthen landscaped berms. 6. FENCING: All perimeter fences shall be constructed as part of a comprehensively designed fence. Fencing materials shall be woodcrete, rust resistant iron, masonry, or masonry posts with wood fence. Fence supports shall be masonry or rust resistant steel or iron. All fencing shall be constructed so that a finished surface faces out. Fence construction plans shall be approved by the Director of Planning prior to construction to ensure stability, durability and aesthetics. All signs shall be masonry monument signs. Signs shall not exceed six feet in height. 7.3 Signs shall not restrict visibility for traffic entering or leaving the site. 7.4 One sign shall be permitted at each entrance to the site. The maximum area of each sign, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet per side. Portions of the masonry structure on which the sign is located is not counted as part of this fifty feet provided it is not contained within the polygon. Double sided signage is permitted. 7.5 Directional signs solely for the purpose of directing traffic or identifying buildings and facilities shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. 8. DEVELOPMENT REVIEW BOARD (DRB): A site plan shall be approved by the City DRB prior to the issuance of a building permit. The DRB shall review the site plan for compliance with the provisions of this agreement and other Code requirements. E Exhibit C - 4.1 1 1II m 111111111 LIIIIIIIIII1IIIll .. ■s i ,ouauunumoim I �iiillG:l IIIIIIIIII�HIIIIIDhII Hil • T uunu iumnII ruI 1 BM m 1111111111111 IIIIIIIIIIIIIIIIIIIII :jft1 W m LL �� 1 ham tha COW OF .watl: ot�u RECta b tbs ORM Pee feads IntiVisOlt crow tom wMe_rbow Ara- 5tznped COUNTY cuss wauratsoo TI 1 Doc# 9640650 # Pages: 31 Date : 08- 05 Time : 04:17:18 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY LK Rec. $ 69.00 e tt AduniA)± CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664