Z-98-03-12-9A1 - 3/12/1998THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round
Rock, Texas, do hereby certify that I am the custodian of the public records maintained
by the City and that the above and foregoing is a true and correct copy of Ordinance
No. Z- 98- 03- 12 -9A1 which was passed and adopted by the City Council of the City of
Round Rock, Texas, at a meeting held on the 12th day of March, 1998 as recorded in the
minutes of the City of Round Rock in Book 38, pages 33 -34.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 23rd
day of July, 1998.
10 AWL) d1Q/iZ.0U
0 • 11 NE LAND, Assistant City Manager/
City Secretary
DOC8 9841437
OFFICIAL RECORDS
'.VILLIAMSON COUNTY TEXAS
ORDINANCE NO. z 03- )a -91:1
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
10.0720 ACRES OF LAND SITUATED IN THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON
COUNTY, TEXAS FROM DISTRICT I -1 (GENERAL INDUSTRIAL) TO
PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 34.
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.
34, 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 18th day of
February, 1998, 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. 34, and
WHEREAS, on the 12th day of March, 1998, after proper
notification, the City Council held a public hearing on the
requested amendment, and
x: ∎W+PD0CS\Ox➢RANC\CSD312A1. re" /.es
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. 34 meets the following goals and objectives:
(1) The development in PUD No. 34 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 34 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 34 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. 34 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. 34 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
2.
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 property
described in Exhibit "A ", attached hereto and incorporated herein
shall be, and is hereafter designated as District Planned Unit
Development (PUD) No. 34, and that the Mayor is hereby authorized
and directed to enter into the Agreement and Development Plan for
PUD No. 32 attached hereto as Exhibit "B ", which agreement shall
govern the development and use of said property.
D.
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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this - Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
3.
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 D\w "`�
, 1998.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1998.
READ, APPROVED and ADOPTED on second reading this the
day of , 1998.
ATTEST:
LAND, City Secretary
4.
.�►/" r
CHARLES CULPE Mayor
City of Round Rock, Texas
FIELD NOTES
EXHIBIT "A"
10.072 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, APPROXIMATELY 8.5 ACRE
BEING OUT OF THE 73.78 ACRE TRACT CONVEYED TO PHILLIP WARNER IN
VOLUME 491, PAGE 111, AND THE REMAINDER OF ABOUT 1.572 ACRES BEING Ou
OF A 69.81 ACRE TRACT CONVEYED TO PHILLIP WARNER IN VOLUME 369, PAGE
299, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING at an iron pin set at or near the Northwest corner of the
said 73.78 acre tract, in the East line of F.M. 1460, and in the Sout'
line of Hidden Acres Drive. The Northwest corner of the P.A. Holder
Survey bears N 50 degrees 46 minutes W, 6011.7 feet;
THENCE N 89 degrees 26 minutes E; 579.00 feet with the 'fenced South
line of Hidden Acres Drive to a 3/4 inch galvanized iron pipe found a
the Northwest corner of Lot 11 of Hidden Acres, a subdivision recorder
in Volume 11, Page 44, Plat Records of Williamson County, Texas;
THENCE S 00 degrees 50 minutes 15 seconds E at 567.99 feet pass an
iron pin beside a fence corner at the Southwest corner of Lot 9 of
Hidden Acres, continuing in all 630.22 feet to set an iron pin;
THENCE N 88 degrees 29 minutes 10 seconds W crossing the common line
between the 73.78 acres and the 69.81 acres, continuing in all 842.16
feet to set an iron pin in the West line of the 69.81 acres and in the
East line of F.M. 1460;
THENCE N 22 degrees 50 minutes 40 seconds E, 653.42 feet with the East
line of the road, passing the North corner of the 69.81 acres, to the
POINT OF BEGINNING.
RECORDERS MEMORANDUM
AB or parts of the text on this page was not
clearly legible for satisfactory recordation.
SCALE 1' •• 100'
LETE10
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( ) e RECORD DATA °Lf
POINT OP
NEGINNING
R Rm
CENTRAL TEXAS SURVEYING
1100 •
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11
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CHARLES GEORGE. ET AL, TRUSTEES
SPJST LODGE N0. 187
10.068 ACRES
(GALLED 10.072 ACRES)
VOLUME. 721. PAGE 193
D. R. W. C.
( 088'79'10" W)
847. 16'
N 8879' 10 "W
RARNER
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voting 491 A PAGE 11I .L , :4AVAr :w. 2 f °e�.•
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RECCaDERS MEMORANDUM
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clearly legible for satisfactory recordation.
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........
STATE OF TEXAS
COUNTY OF WILLIAMSON
(Typed Name)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT B
That Chase Bank of Texas Organized and existing under the laws of the State of Texas, acting
herein by and through its Vice President, Jeff Fuller, Being the holder of a lien by way of Deed of
Trust Recorded in Volume , Page , of the Official Records of Williamson
County, Texas does hereby consent to the Agreement and Development Plan of 10.072 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.
This_;wstninnit was acknowledged before me on the q' day of Me.h_ 1998,
by , iEX ' i l I E /1 . , ofC on
behalf of said 1-in]-\tlC.11 - 11•u4 r-11.1 2 f T O. A.
Notary Public, Stat of Texas 4:'; : �� 1 . "' ; ` ""
Printed Name: C
My commission expires:
AGREEMENT AND DEVELOPMENT PLAN
PROFESSIONAL TESTING (EMI) PLANNED UNIT DEVELOPMENT NO. 34
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 EMI
Leasing Partners, L.P., (hereinafter referred to as the "Owner").
WHEREAS, the Owner has submitted a request to the City to rezone approximately
10.0720 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, pursuant to Chapter 11, Section 1 1.316(8), Code of Ordinances (1995
Edition), City of Round Rock, Texas, the Owner has submitted a Development Plan setting
forth the development conditions and requirements within the PUD, which Development
Plan is contained in Section II of this Agreement; and
WHEREAS, on Frta¢t4Fl129 j119 the City's Planning and Zoning
Commission recommended approval of the Owner's application for a PUD.
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the City and the Owner agree
as follows:
1. CONFORMITY WITH DEVELOPMENT PLAN
C17EITSEPUD5%EMIPLAN.W PDfede
I.
GENERAL PROVISIONS
All uses and development within the property shall generally conform to the
Development Plan set forth in Section II herein.
2. ORANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development
Plan unless all provisions pertaining to changes or modifications as stated in
Sections 8.1 and 8.2 below are followed.
3. ZONING VIOLATION
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 "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 section shall not prevent
the Owner from selling the Property or portions of the Property, 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 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 provisions hereof and in such event, this agreement
shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
2.
5.4 Entire Agreement.
This Agreement constitutes the entire agreement of the parties and
supersedes any prior or contemporaneous oral or written understandings or
representations of the parties respecting the subject matter hereof.
5.5 Applicable Law.
This Agreement shall be construed under and in accordance with the laws
of the State of Texas.
5.6 Venue.
All obligations of the parties created hereunder are performable in
Williamson County, Texas and venue for any action arising hereunder shall
be in Williamson County.
5.7 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is intended to confer upon
any person or entity, other than the parties hereto ( and their respective
successors and assigns ), any rights, benefits or remedies under or by reason
of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate original, 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 CITY OF ROUND ROCK
EMI Leasing Partners, L.P.
1303 W. Industrial Blvd.
Round Rock, Texas 78681
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.
3.
5.11 Appeals of Administrative Decisions.
5.12 Binding Effect.
1 DEFINITIONS
2. PROPERTY
3. PURPOSE
Administrative decisions provided for in this Agreement may be appealed to
the Development Review Board in writing within 15 days following receipt
by the Owner of the written confirmation of the decision.
This Agreement and the Development Plan binds and benefits the Owner and
its successors and assigns.
11.
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 approximately 10.0720 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 as amended, 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 or massing of structures, the immediate neighboring properties
or interfere with their development or use in accordance with any existing zoning
district.
4.
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 of the Code.
4.2 Other Ordinances
5. PERMITTED USES
All other Ordinances within the Code shall apply to the Property, except as
clearly modified by this Plan.
The Property shall be used and developed for the uses set forth in Exhibit "C ",
attached hereto and incorporated herein.
6. LANDSCAPING and BUFFERING
Landscaping and buffering shall be modified in Exhibit "C", attached hereto, as
applicable to each parcel and its designated use.
7. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Director of Public Works, all electrical,
telephone and cabelvision distribution and service lines, other than overhead lines
which are three phase or larger, shall be placed underground.
8. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
8.1 Minor Changes
Minor changes to this Agreement or Plan which do not substantially change
this Plan may be approved administratively, if approved in writing, by the
Director of Planning and Community Development, and the City Attorney.
8.2 Major Changes
Major changes shall be resubmitted following the same procedure required
by the original PUD application.
5.
9 . GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect the provisions of
this Agreement and Development Plan.
CITY OF ROUND ROCK, TEXAS
By
CHARLES C P PER, Mayor
City of Round Rock, Texas
Date: 3 - 4 - qe
EMI LEAS G PARTNERS, L.P.
By :� � r4
Its: 9. <.ScK // f . vn ey.4 ".c•g
-rs G� �arw+ ion
�v s.✓S.PN - r�.o
Date: �j� /yam
6.
FIELD NOTES
EXHIBIT "A"
10.072 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, APPROXIMATELY 8.5 ACRES
BEING OUT OF THE 73.78 ACRE TRACT CONVEYED TO PHILLIP WARNER IN
VOLUME 491, PAGE 111, AND THE REMAINDER OF ABOUT 1.572 ACRES BEING OUT
OF A 69.81 ACRE TRACT CONVEYED TO PHILLIP WARNER IN VOLUME 369, PAGE
299, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin set at or near the Northwest corner of the
said 73.78 acre tract, in the East line of F.M. 1460, and in the South
line of Hidden Acres Drive. The Northwest corner of the P.A. Holder
Survey bears N 50 degrees 46 minutes W, 6011.7 feet;
THENCE N 89 degrees 26 minutes E; 579.00 feet with the fenced South
line of Hidden Acres Drive to a 3/4 inch galvanized iron pipe found at
the Northwest corner of Lot 11 of Hidden Acres, a subdivision recorded
in Volume 11, Page 44, Plat Records of Williamson County, Texas;
THENCE S 00 degrees 50 minutes 15 seconds E at 567.99 feet pass an
iron pin beside a fence corner at the Southwest corner of Lot 9 of
Hidden Acres, continuing in all 630.22 feet to set an iron pin;
THENCE N 88 degrees 29 minutes 10 seconds W crossing the common line
between the 73.78 acres and the 69.81 acres, continuing in all 842.16
feet to set an iron pin in the West line of the 69.81 acres and in the
East line of F.M. 1460;
THENCE N 22 degrees 50 minutes 40 seconds E, 653.42 feet with the East
line of the road, passing the North corner of the 69.81 acres, to the
POINT OF BEGINNING.
SCALE 1• 100'
LEGErQ
( ) RECORD DATA
It ISM
CIL
FND I /Y' IR mR:
POINT OF
BEGINNING
CENTRAL TEXAS SURVEYING
wal t e. °
OuNs. Name
PHILLIP W. WARNER
79.78 AES
VOLUME 491 AGE 111
O.R W.G.
HIDDEN ACRES DR1VE
`T RXES 1 58 42'
ROrtR a I
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CHARLES GEORGE. ET AL. TRUSTEES
SPJST LODGE NO. 187
10.068 ACRES
/CALLED 10.072 ACRESI
VOLUME 721. PAGE 193
D.R. W.C.
( N 88'29'70" 8)
842. 16'
N 88'29' 70 N'
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THE BASIS OF BEARING FOR THIS PLAT IS
PER DEED RECORDED IN 601.711. PG. 199.
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RECORDERS MEMORANDUM
All or pens of the text on this page was not
dearly legible for satisfactory recordation.
STATE OF TEXAS
COUNTY OF WILLIAMSON
That Organized and existing under the laws oldie State of Texas, acting herein by
and through its Being the holder of a lien by way of Recorded in
Volume Page of the Official Records of Williamson County, Texas does hereby
consent to the Agreement and Development Plan of 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:
its
(Typed Name)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of 199_,
b y of on behalf of said
Notary Public, State of Texas
Printed Name:
My commission expires:
Stendebeeliabilb doe
EXHIBIT B
EXHIBIT "C"
Permitted Uses
1. PERMITTED USE: Any use permitted under current zoning
classification Industrial (I -1), including, but not limited to,
office, office /warehouse, research, testing, and development, light
manufacturing and assembly, technical schools, institutions and day
care, all subject to the prohibitions and restrictions listed
below. Accessory retail sales incidental to a permitted principal
use shall also be permitted. The Director of Planning shall be the
final interpreter of uses not clearly permitted or prohibited. A
copy of the interpretations shall be provided to the Owner.
2. PROHIBITED USES: No portion of the PUD shall be used for any
of the following activities or uses:
2.1 Waste storage or recycling (other than internally
generated waste from a permitted activity);
2.2 Principal business of storing bulk chemicals or
petrochemicals;
2.3 Retail sale to the general public of alcoholic beverages
for either on or off - premises consumption;
2.4 Transient lodging not contained within a building,
including, but not limited to, recreational vehicle parks and
campgrounds.
2.5 Sexually Oriented Businesses, as defined by the Code;
2.6 Salvage yard or junkyard;
2.7 Concrete or asphalt batch plant, or any other heavy
industrial use regardless of whether or not conducted in an
enclosed building;
2.8 Trucking depot or bulk distribution facility; or
2.9 Construction equipment sales, leasing and storage.
3. OUTDOOR STORAGE: Any permitted areas of outdoor storage of
materials or equipment and loading dock areas shall provide a
visual screen from abutting properties or public streets in
c:VT lT\$EPUDMMa.WPD /cdc
accordance with the landscaping and screening requirements of the
Code.
4. LANDSCAPING AND SUFFERING: Owner shall maintain a twenty (20')
foot wide, natural landscaped buffer along the easternmost border
of the property which preserves the natural tree cover wherever
possible.
1
Dock 9841437
M Pages: 20
Date : 07 -23 -1998
Time : 04:32:37 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 47.00
THE STATE OF TEAS
COUNTY OF W
RECORDED In In the O dominant
fMdalPublic Records :f rd
YAhlamson County, Texas on the date led tree
stamped thereon.
ADA....
County ri&ge o Onobjase
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
ORDINANCE NO. Z - - 03-1 a- c} A 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
10.0720 ACRES OF LAND SITUATED IN THE P.A. HOLDER
SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON
COUNTY, TEXAS FROM DISTRICT I -1 (GENERAL INDUSTRIAL) TO
PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 34.
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.
34, 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 18th day of
February, 1998, 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. 34, and
WHEREAS, on the 12th day of March, 1998, after proper
notification, the City Council held a public hearing on the
requested amendment, and
R: \WPOOCS \OROIRARC \080311A1. N➢O /acg
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. 34 meets the following goals and objectives:
(1) The development in PUD No. 34 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 34 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 34 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. 34 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. 34 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
2.
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 property
described in Exhibit "A ", attached hereto and incorporated herein
shall be, and is hereafter designated as District Planned Unit
Development (PUD) No. 34, and that the Mayor is hereby authorized
and directed to enter into the Agreement and Development Plan for
PUD No. 32 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.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
3.
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 la day
of
Alternative 2.
READ and APPROVED on first reading this the day of
, 1998.
READ, APPROVED and ADOPTED on second reading this the
day of , 1998.
ATTEST:
, 1998.
LAND, City Secretary
4.
CHARLES "CULPEPPER, Mayor
City of Round Rock, Texas
FIELD NOTES
EXHIBIT "A"
10.072 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, APPROXIMATELY 8.5 ACRE
BEING OUT OF THE 73.78 ACRE TRACT CONVEYED TO PHILLIP WARNER IN
VOLUME 491, PAGE 111, AND THE REMAINDER OF ABOUT 1.572 ACRES BEING OUi
OF A 69.81 ACRE TRACT CONVEYED TO PHILLIP WARNER IN VOLUME 369, PAGE
299, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin set at or near the Northwest corner of the
said 73.78 acre tract, in the East line of F.M. 1460, and in the Sout
line of Hidden Acres Drive. The Northwest corner of the P.A. Holder
Survey bears N 50 degrees 46 minutes W, 6011.7 feet;
THENCE N 89 degrees 26 minutes E; 579.00 feet with the fenced South
line of Hidden Acres Drive to a 3/4 inch galvanized iron pipe found at
the Northwest corner of Lot 11 of Hidden Acres, a subdivision recorded
in Volume 11, Page 44, Plat Records of Williamson County, Texas;
THENCE S 00 degrees 50 minutes 15 seconds E at 567.99 feet pass an
iron pin beside a fence corner at the Southwest corner of Lot 9 of
Hidden Acres, continuing in all 630.22 feet to set an iron pin;
THENCE N 88 degrees 29 minutes 10 seconds W crossing the common line
between the 73.78 acres and the 69.81 acres, continuing in all 842.16
feet to set an iron pin in the West line of the 69.81 acres and in the
East line of F.M. 1460;
THENCE N 22 degrees 50 minutes 40 seconds E, 653.42 feet with the East
line of the road, passing the North corner of the 69.81 acres, to the
POINT OF BEGINNING.
SCALE 1' 100'
LEGEND
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CHARLES GEORGE. ET AL. TRUSTEES
SPJST LODGE NO. 187
10.068 ACRES
(CALLED 10.072 ACRES)
VOLUME 721. PAGE 193
D.R. W. C.
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STATE OF TEXAS
COUNTY OF WILLIAMSON
That Chase Bank of Texas Organized and existing under the laws of the State of Texas, acting
herein by and through its Vice President, Jeff Fuller, Being the holder of a lien by way of Deed of
Trust Recorded in Volume Page , of the Official Records of Williamson
County, Texas does hereby consent to the Agreement and Development Plan of 10.072 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.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT B
Thijtstrumejt was acknowledged before me on the day of Mzit. 1998,
by . IE4 1 iy.1 lE/1. , o£ SE on
behalf of said F&y:} ra1 ftx4i t J O f TE S ICJ. A.
Notary Public, State of Texas
Printed Name: C. 0310) L,
My commission expires: 11CO2.001
AGREEMENT AND DEVELOPMENT PLAN
PROFESSIONAL TESTING (EMI) PLANNED UNIT DEVELOPMENT NO. 34
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 EMI
Leasing Partners, L.P., (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to rezone approximately
10.0720 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, 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 setting
forth the development conditions and requirements within the PUD, which Development
Plan is contained in Section II of this Agreement; and
WHEREAS, on FEBBU Zi I g, I' 8 , the City's Planning and Zoning
Commission recommended approval of the Owner's application for a 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:
L
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
C OEXTS EPUDSIEMI P LAN. W PDlede
All uses and development within the property shall generally conform to the
Development Plan set forth in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this Agreement or the Development
Plan unless all provisions pertaining to changes or modifications as stated in
Sections 8.1 and 8.2 below are followed.
3. ZONING VIOLATION
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 "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 section shall not prevent
the Owner from selling the Property or portions of the Property, 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 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 provisions hereof and in such event, this agreement
shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
2.
5.4 Entire Agreement.
5.6 Venue.
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.
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 ( and their respective
successors and assigns ), any rights, benefits or remedies under or by reason
of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate original, 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 CITY OF ROUND ROCK
EMI Leasing Partners, L.P.
1303 W. Industrial Blvd.
Round Rock, Texas 78681
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.
3.
5.11 Appeals of Administrative Decisions.
Administrative decisions provided for in this Agreement may be appealed to
the Development Review Board in writing within 15 days following receipt
by the Owner of the written confirmation of the decision.
5.12 Binding Effect.
1 DEFINITIONS
2. PROPERTY
3. PURPOSE
This Agreement and the Development Plan binds and benefits the Owner and
its successors and assigns.
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 approximately 10.0720 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 as amended, 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 or massing of structures, the immediate neighboring properties
or interfere with their development or use in accordance with any existing zoning
district.
4.
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 of the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the Property, except as
clearly modified by this Plan.
5. PERMITTED USES
The Property shall be used and developed for the uses set forth in Exhibit "C ",
attached hereto and incorporated herein.
6. LANDSCAPING and BUFFERING
Landscaping and buffering shall be modified in Exhibit "C ", attached hereto, as
applicable to each parcel and its designated use.
7. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Director of Public Works, all electrical,
telephone and cabelvision distribution and service lines, other than overhead lines
which are three phase or larger, shall be placed underground.
8. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
8.1 Minor Changes
Minor changes to this Agreement or Plan which do not substantially change
this Plan may be approved administratively, if approved in writing, by the
Director of Planning and Community Development, and the City Attorney.
8.2 Major Changes
Major changes shall be resubmitted following the same procedure required
by the original PUD application.
5.
9 . GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect the provisions of
this Agreement and Development Plan.
CITY OF ROUND ROCK, TEXAS
By
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
Date: 3—
EMI LEG PAR RS, L.P.
By: o
Its: Op e#s.sc ✓/,
Date: 0e0;d3
6.
FIELD NOTES
EXHIBIT "A"
10.072 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY,
ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, APPROXIMATELY 8.5 ACRES
BEING OUT OF THE 73.78 ACRE TRACT CONVEYED TO PHILLIP WARNER IN
VOLUME 491, PAGE 111, AND THE REMAINDER OF ABOUT 1.572 ACRES BEING OUT
OF A 69.81 ACRE TRACT CONVEYED TO PHILLIP WARNER IN VOLUME 369, PAGE
299, DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron pin set at or near the Northwest corner of the
said 73.78 acre tract, in the East line of F.M. 1460, and in the South
line of Hidden Acres Drive. The Northwest corner of the P.A. Holder
Survey bears N 50 degrees 46 minutes W, 6011.7 feet;
THENCE N 89 degrees 26 minutes E; 579.00 feet with the fenced South
line of Hidden Acres Drive to a 3/4 inch galvanized iron pipe found at
the Northwest corner of Lot 11 of Hidden Acres, a subdivision recorded
in Volume 11, Page 44, Plat Records of Williamson County, Texas;
THENCE S 00 degrees 50 minutes 15 seconds E at 567.99 feet pass an
iron pin beside a fence corner at the Southwest corner of Lot 9 of
Hidden Acres, continuing in all 630.22 feet to set an iron pin;
THENCE N 88 degrees 29 minutes 10 seconds W crossing the common line
between the 73.78 acres and the 69.81 acres, continuing in all 842.16
feet to set an iron pin in the West line of the 69.81 acres and in the
East line of F.M. 1460;
THENCE N 22 degrees 50 minutes 40 seconds E, 653.42 feet with the East
line of the road, passing the North corner of the 69.81 acres, to the
POINT OF BEGINNING.
SCALE 1 ' 100
LEGEND
LICArr
( ) -= RECORD DATA
ENO I /2• IR of: sews
POINT OF
BEGINNING
CENTRAL TEXAS SURVEYING
9107 IIITTIP•• 0368
00./A3. PARc60
HIDDEN ACRES DRIVE
PHILLIP N. WARNER
73. 78 VOLUME 491, PAGE 111
D.R.W. G.
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CHARLES GEORGE, ET AL, TRUSTEES
SPJST LODGE NO. 187
10.068 ACRES
(CALLED 10.072 ACRES)
VOLUME 721, PAGE 193
D.R. W.C.
( N 88'29' 10" w )
842. 16'
N 88'29'10"W
841. 91'
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THE BASIS OF BEARING FOR THIS PLAT IS
PER DEED RECORDED IN VOL.721. PG. 193,
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TITLE CONN A/Y,Cummeocrn LIM ♦1,5 m
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•
•
STATE OF TEXAS
COUNTY OF WILLIAMSON
That Organized and existing under the laws of the State of Texas, acting herein by
and through its Being the holder of a lien by way of Recorded in
Volume Page of the Official Records of Williamson County, Texas does hereby
consent to the Agreement and Development Plan of 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:
its
(Typed Name)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of 199_,
• by ,.of on behalf of said
Notary Public, State of Texas
Printed Name:
My commission expires:
SraOebabl ibiib.doe
• •
EXHIBIT B
EXHIBIT "C"
Permitted Uses
1. PERMITTED USE: Any use permitted under current zoning
classification Industrial (I -1), including, but not limited to,
office, office /warehouse, research, testing, and development, light
manufacturing and assembly, technical schools, institutions and day
care, all subject to the prohibitions and restrictions listed
below. Accessory retail sales incidental to a permitted principal
use shall also be permitted. The Director of Planning shall be the
final interpreter of uses not clearly permitted or prohibited. A
copy of the interpretations shall be provided to the Owner.
2. PROHIBITED USES: No portion of the PUD shall be used for any
of the following activities or uses:
2.1 Waste storage or recycling (other than internally
generated waste from a permitted activity);
2.2 Principal business of storing bulk chemicals or
petrochemicals;
2.3 Retail sale to the general public of alcoholic beverages
for either on or off - premises consumption;
2.4 Transient lodging not contained within a building,
including, but not limited to, recreational vehicle parks and
campgrounds.
2.5 Sexually Oriented Businesses, as defined by the Code;
2.6 Salvage yard or junkyard;
2.7 Concrete or asphalt batch plant, or any other heavy
industrial use regardless of whether or not conducted in an
enclosed building;
2.8 Trucking depot or bulk distribution facility; or
2.9 Construction equipment sales, leasing and storage.
3. OUTDOOR STORAGE: Any permitted areas of outdoor storage of
materials or equipment and loading dock areas shall provide a
visual screen from abutting properties or public streets in
C: \ TEXT \SEPUDS \EM.WPD /cdc
accordance with the landscaping and screening requirements of the
Code.
4. LANDSCAPING AND BUFFERING: Owner shall maintain a twenty (20')
foot wide, natural landscaped buffer along the easternmost border
of the property which preserves the natural tree cover wherever
possible.
DATE: March 6, 1998
SUBJECT: City Council Meeting - March 12, 1998
ITEM: 9.A.1. Consider an ordinance amending the official zoning map of the
City by zoning property located at 1601 FM 1460 (formerly SPJST
Hall) from I -1 (General Industrial) to Planned Unit Development
(PUD) No. 34. Planning and Zoning Commission recommendation:
To approve District Planned Unit Development (PUD) 34. (First
Reading) Second Reading may be dispensed with the unanimous
consent of all the Councilmembers. Applicant Professional Testing
(EMI, Inc.). Agent Jeff Lenk, Professional Testing. Staff Resource
Person: Joe Vining, Planning Director
Professional Testing (EMI)
Rezone 10.072 Acres from C -1 to PUD
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