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Z-97-04-10-13F - 4/10/1997 (2)THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK 1, CHRISTINE MARTINEZ, Assistant 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 10th day of April , 1997, as recorded in the minutes of the City of Round Rock in Book 36. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 15th day of April, 1997. OFFICIAL RECORDS WILLIAMSON COUNTX TEXAS DOC* 9716395 CHRISTINE MARTINEZ Assistant City Secretary WHEREAS, on February 10, 1994, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z- 94- 02- 10 -8F, which established PUD No. 11, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Development Plan, which is Exhibit "B" of PUD No. 11, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -94- 02-10-8F on the 19th day of March, 1997, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z- 94- 02 -10 -8F be amended, and WHEREAS, on the 10th day of April, 1997, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z- 94- 02- 10 -8F, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z- 94- 02 -10 -8F promotes the health, safety, morals and general welfare of the community, and AN ORDINANCE AMENDING ORDINANCE NO. Z- 94- 02- 10-8F, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON FEBRUARY 10, 1994, BY AMENDING EXHIBIT "B", THE DEVELOPMENT PLAN OF PUD NO. 11, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, SAID AMENDMENT TO CHANGE SELECTED BUILDING SETBACK REQUIREMENTS AND PROVIDE FOR ENFORCEMENT OF DEED RESTRICTIONS, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. e:\ NPOOCS \ORDINANC \OR7O41ON.NPD /ede ORDINANCE NO. Z-9/ -01-1-)043F' WHEREAS, each and every requirement set forth in Chapter 211, Sub- Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #11 meets the following goals and objectives: (1) The amendment to P.U.D. #11 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #11 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #11 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. II. That Section 9.A. of Exhibit "B" of PUD No. 11, as approved in Ordinance No. Z- 94- 02- 10 -8F, is hereby amended to read as follows: 2. Special requirements- Rear setbacks for the below - listed lots, located in Forest Ridge, Phase III, Block C, shall be as follows: Lot Rear Setback Lot 28 79 feet Lot 29 65 feet Lot 30 70 feet Lot 31 69 feet Lot 32 50 feet Lot 33 83 feet Lot 36 20 feet Lot 24 20 feet Lot 25 20 feet Lot 26 20 feet III. That Section 9.B. of Exhibit "B" of PUD No. 11, as approved in Ordinance No. 2- 94- 02- 10 -8F, is hereby amended to read as follows: B. Large Lots: 35 feet front 10 feet side 10 side (along side street) 20 feet rear (for buildings and auxiliary buildings) 10 feet rear (for all other structures) IV. That Exhibit "B" of PUD No. 11, as approved in Ordinance No. Z- 94- 02- 10 -8F, is hereby amended by adding a new Section 24, which shall read as follows: 3. 24. ENFORCEMENT OF DEED RESTRICTIONS: The property owner's association shall be the entity responsible for enforcing the deed restrictions. Although the City reserves the right to review and approve any amendments or modifications to the deed restrictions, it is not the intent of the City to assume responsibilities normally reserved to a property owner's association. V. 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 O tt) day ) of 1 1997. Alternative 2. READ and APPROVED on first reading this the day of 1997. READ, APPROVED and ADOPTED on second reading this the day of , 1997. ATTEST: d9AN HC-7;PIICD, City Secreta Ci4R,ISD Il7Aglia6L, ASST. 4. CHARLES CUL PER, Mayor City of Round Rock, Texas FOREST RIDGE P.U.D. 1 1 Doc# 9716395 # Pages: 7 Date : 04 -16 -1997 Time : 03:11:14 P.M. Filed & Recorded in Official Records of WILLIAMSON County, TX. ELAINE BIZZELL COUNTY CLERK Rec. $ 21.00 THE STATE Cie TEXAS 1OUNT!' OF WILLIAM= Ws 1;10 omMythathb Onannestsms MED iffi RECORDED In Oho Wtew Nolo mods of stamped16pIo esasou M YSDM � iteLaiL AAtAkin CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 ORDINANCE NO. Z-91-N-10-13r AN ORDINANCE AMENDING ORDINANCE NO. Z- 94- 02- 10 -8F, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON FEBRUARY 10, 1994, BY AMENDING EXHIBIT "B ", THE DEVELOPMENT PLAN OF PUD NO. 11, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, SAID AMENDMENT TO CHANGE SELECTED BUILDING SETBACK REQUIREMENTS AND PROVIDE FOR ENFORCEMENT OF DEED RESTRICTIONS, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on February 10, 1994, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z- 94- 02- 10 -8F, which established PUD No. 11, and WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Development Plan, which is Exhibit "B" of PUD No. 11, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -94- 02-10-8F on the 19th day of March, 1997, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z- 94- 02 -10 -BF be amended, and WHEREAS, on the 10th day of April, 1997, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z- 94- 02- 10 -8F, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z- 94- 02 -10 -8F promotes the health, safety, morals and general welfare of the community, and [: \ NPOCCB \OPLINANC \ORll41DP.MPO /cdC WHEREAS, each and every requirement set forth in Chapter 211, Sub- Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances, 1990 Edition, City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #11 meets the following goals and objectives: (1) The amendment to P.U.D. #11 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #11 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #11 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. II. That Section 9.A. of Exhibit "B" of PUD No. 11, as approved in Ordinance No. Z- 94- 02- 10 -8F, is hereby amended to read as follows: 2. Special requirements- Rear setbacks for the below - listed lots, located in Forest Ridge, Phase III, Block C, shall be as follows: Lot Rear Setback Lot 28 79 feet Lot 29 65 feet Lot 30 70 feet Lot 31 69 feet Lot 32 50 feet Lot 33 83 feet Lot 36 20 feet Lot 24 20 feet Lot 25 20 feet Lot 26 20 feet III. That Section 9.B. of Exhibit "B" of PUD No. 11, as approved in Ordinance No. Z- 94- 02- 10 -8F, is hereby amended to read as follows: B. Large Lots: 35 feet front 10 feet side 10 side (along side street) 20 feet rear (for buildings and auxiliary buildings) 10 feet rear (for all other structures) IV. That Exhibit "B" of PUD No. 11, as approved in Ordinance No. Z- 94- 02- 10 -8F, is hereby amended by adding a new Section 24, which shall read as follows: 3. 24. ENFORCEMENT OF DEED RESTRICTIONS: The property owner's association shall be the entity responsible for enforcing the deed restrictions. Although the City reserves the right to review and approve any amendments or modifications to the deed restrictions, it is not the intent of the City to assume responsibilities normally reserved to a property owner's association. V. 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 of , 1997. Alternative 2. READ and APPROVED on first reading this the day of , 1997. READ, APPROVED and ADOPTED on second reading this the day of ATTEST: 4eilaiNE City Secretar CORISTw, ,14m L, ASST. 4. 1997. l0tt' CHARLES CUL PER, Mayor City of Round Rock, Texas day FOREST RIDGE P.U.D. 1 1 Date: April 8, 1997 Subject: City Council Meeting Apri110,1997 Item: 13.F. Consider an ordinance to amend PUD No. 11 by changing the building setback requirements. (Forest Ridge) (First Reading) Staff Resource Person: Joe Vining Staff Recommendation: Approval On March 19 the Planning and Zoning Commission recommended amending the Forest Ridge PUD Development Plan in three locations as follows: 1. Clarifying the rear setbacks for the large lot (18,000 SF minimum) area. The original PUD placed a 20 foot rear setback, which was meant only for buildings and out buildings. Unfortunately the City's Code includes structures such as swimming pools, patios, sport courts and other structures in this classification. The amendment maintain the 20 foot setback for buildings and outbuildings and allows a 10 foot setback for the above mentioned recreational structures. 2. Reduce the rear setback from 50 feet to 20 feet for lots 24 - 26 of Forest Ridge Phase III Block C. These three lots will maintain their one story height restriction, and would be added to the previously modified rear setbacks fro lots 28 -33 and lot 36, which were negotiated with surrounding property owners. The three lots in question are the only vacant lots in the subdivision and are unbuildable with the front and rear setbacks as currently specified in the PUD. The owners have demonstrated numerous attempts, over the last 9 months, to negotiate a compromise with neighboring property owners, and have receive no response. The proposed amendment is 15 feet greater than our most restrictive ordinance and is compatible with the existing setbacks along this north property line of Forest Ridge. 3 The last item was requested by staff and City Attorney which adds language that allows, but does not require, the City to enforce deed restrictions as presented in the PUD. Enforcement of deed restrictions is primarily the responsibility of the Home Owners. Staff concurs with this recommendation.