Z-98-07-09-12A1 - 7/9/1998ORDINANCE NO. 1 " 9 - 9g-07- i a fl 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
18.597 ACRES OF LAND OUT OF THE T. F. ROWE SURVEY,
ABSTRACT NO. 810, AND THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, ROUND ROCK, WILLIAMSON AND TRAVIS
COUNTIES, TEXAS, FROM DISTRICT MF (MULTI - FAMILY) TO
DISTRICT TF (TWO - FAMILY).
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
rezone 18.597 acres of land out of the T. F. Rowe Survey, Abstract
No. 810, and the Samuel Jenkins Survey, Abstract No. 347, Round
Rock, Williamson and Travis Counties, Texas, being more fully
described in Exhibit "A ", attached hereto and incorporated herein,
from District MF (Multi - Family) to District TF (Two - Family), 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 20th day of May,
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 TF (Two- Family), and
C: \NPDOCS \OSOINANC \080611A5 .WPD /ecg
WHEREAS, on the llth day of June, 1998, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council has determined that substantial
changes in conditions have occurred which justify the zoning
classification change provided for herein, 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 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" is hereby changed from District MF (Multi -
Family) to District TF (Two - Family).
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
2.
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.
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 , 1998.
Alternative 2.
READ and APPROVED on first reading this the 1 I day of
Q
1998.
READ, APPROVED and ADOPTED on second reading this the
day of , 1998.
EST:
LAND, City Secretary
3.
CHARLES CULPE'PPER, Mayor
City of Round Rock, Texas
DESCRIPTION OF 18.597 ACRES, MORE OR LESS, OF LAND AREA, IN THE T.F.
ROWE SURVEY, ABSTRACT NO. 810, AND THE SAMUEL JENKINS SURVEY, ABSTRACT
NO. 347, IN WILLIAMSON AND TRAVIS COUNTIES, TEXAS, BEING A PORTION OF
THAT 30.15 ACRE TRACT OF LAND DESCRIBED IN A DEED DATED MARCH 4, 1994,
FROM LGF, INC., TO JAMES R. CRUISE, AS RECORDED IN VOLUME 2481, PAGE
446, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAVE AND EXCEPT THAT
0.197 ACRE PORTION THEREOF DESCRIBED IN AS EXCHANGE DEED DATED JUNE 28,
1994 FROM JAMES R. CRUISE, TO 2R H.K., LTD., AS RECORDED IN VOLUME
2571, PAGE 926, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND BEING
THOSE TRACTS OF LAND DESCRIBED AS 0.033 ACRE TRACT I, AND 0.164 ACRE
TRACT II, IN AN EXCHANGE DEED DATED JUNE 6, 1994 FROM 2R H.K., LTD., TO
JAMES R. CRUISE, AS RECORDED IN VOLUME 2561, PAGE 479, OrFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND BEING THAT 1.18 ACRE TRACT II,
DESCRIBED IN A DEED DATED OCTOBER 25, 1995 FROM COUNTY OF WILLIAMSON,
TO AUSTIN CUSTOM HOME BUILDERS, JV, ET ALIUS, AS RECORDED IN DOC*
9549492, OFFICIAL OF WILLIAMSON COUNTY, TEXAS, SAVE AND EXCEPT
THAT 0.278 ACRE PORTION THEREOF DESCRIBED IN A DEED DATED JANUARY 22,
1996 FROM ALBORZ CORPORATION, ET ALIUS, TO JAMES R. CRUISE,' AS RECORDED
iN DOCN 9611159, OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found in the south line of High Country
Boulevard, for the northeast corner of the aforereferenced 0.033 acre
Cruise Tract, same being the northwest corner of Lot 1 of Flower Hill
Section One Amending Plat, a subdivision in Williamson and Travis
Counties, Texas, according the map or plat thereof recorded in Cabinet
N, Slides 15 -16, Plat Records of Williamson County, Texas, and recorded
in Volume 96, Pages 395 -396, Plat Records of Travis County, Texas, and
being the northeast corner of the herein described tract of land;
THENCE leaving the PLACE OF BEGINNING and High Country Boulevard, with
the line of the 0.033 acre Cruise Tract, and crossing the 30.15 acre
Cruise Tract, and with the line of said Flower Hill Section One
Amending Plat, S 25 54'15 "E 338.12 feet to an iron rod found for the
northeast corner of the 0.164 acre Cruise Tract, same being an interior
corner of the Flower Hill Section One Amending Plat, and being an
easterly corner of the herein described tract of land;
THENCE with the common line of the 0.164 acre Cruise Tract and the
Flower Hill Section One Amending Plat, S 00 "W 785.33 feet to an
iron rod found in the north line of that tract of land conveyed in a
deed dated May 22, 1974 from Herman A. Meister, et ux, to Herman S.
Meister, as recorded in Volume 1244, Page 153, Official Records of
Williamson County, Texas, for the southeast corner of the 0.164 acre
Cruise Tract, same being the southwest corner of Flower Hill Section
One Amending Plat, and being the southeast corner of the herein
described tract of land, pass along this course, the Williamson and
Travis County Line;
THENCE leaving Flower Hill Section One Amending Plat, with the common
line of the 0.164 acre Cruise Tract and the aforereferenced Meister
Tract, N 89 41'30 "W 8.79 feet to an iron rod found for the southwest
corner of the 0.164 acre Cruise Tract, same being the southeast corner
of the 30.15 acre Cruise Tract;
THENCE leaving the 0.164 acre Cruise Tract, with the common line of the
30.15 acre Cruise Tract and the Meister Tract, N 89 41'30 "W 61.96 feet
to an iron rod found for the northwest corner of the Meister Tract,
same being the northeast corner of that 90.62 acre tract of land
described in a deed dated March 28, 1985 from John S. Lloyd, to
Austin -Mokan Associates, as recorded in Volume 1165, Page 713, Official
Records of Williamson County, Texas;
THENCE leaving the Meister Tract, with the common line of the 30.15
acre Cruise Tract and the aforereferenced Austin -Mokan Associates
Tract, N 89 41'30 "W 587.74 feet to an iron rod•found for an interior
corner of the 30.15 acre Cruise Tract, same being the northwest - corner
of the Austin -Mokan Associates Tract;
THENCE leaving the Austin -Mokan Associates Tract, and crossing the
30.15 acre Criube'Tract, S 89 "31'00 "W • 166.75 feet to an iron rod
found for an interior corner of the 30.15 acre Cruise Tract, same being
the southeast corner of the aforereferenced 1.18 acre Tract 1I, also
being the southeast corner of the aforereferenced 0.278 acre Cruise
Tract, and being the southwest corner of the herein described tract of
land, pass along this course, the Williamson and Travis County Line;
THENCE with the common line of the 30.15 acre Cruise Tract, the 1.18
acre Tract II, and the 0.278 acre Cruise Tract, N 05 17'15 "W 216.00
feet to an iron rod found for the northeast corner of the 0.278 acre
Cruise Tract, same being an interior corner of the herein described
tract of land;
THENCE leaving the 30.15 acre Cruise Tract, and crossing the 1.18 acre
Tract II, with the line of the 0.278 acre Cruise Tract, N 86 "W
28.60 feet to an iron rod found in the east line of High Country
Boulevard, same being the west line of the 1.18 acre Tract II, for the
northwest corner of the 0.278 acre Cruise Tract;
THENCE leaving the 0.278 acre Cruise Tract, with the common line of
High Country Boulevard and the 1.18 acre Tract II, the following five
(5) courses:
1. with a left breaking curve having a radius length of 694.26 feet
and a chord which bears N 14 "W 412.97 feet to an iron rod
found at a point of reverse curvature;
2. with a right breaking curve having a radius length of 25.00 feet
and a chord which bears N 10 "46'15 "E 33.64 feet to an iron rod
found;
3. N 53 "01'30 "E 87.35 feet to an iron rod found at the beginning of
a right breaking curve;
4. with said right breaking curve having a radius length of 885.00
feet and a chord which bears N 58 36'30 "E 170.49 feet to an
iron rod found; and
5. N 64 "E 45.44 feet to the northeast corner of the 1.18 acre
Tract II, same being the easterly northwest corner of the 30.15
acre Cruise Tract;
THENCE leaving the 1.18 acre Tract II, with the common line of High
Country Boulevard and the 30.15 acre Cruise Tract, N 64'05'00 °E 630.68
feet to the PLACE OF BEGINNING. There are contained within these metes
and bounds, 18.597 acres, more or less, of land area, as described
from record information and measurements made on the ground during
February 1998, by McMinn Land Surveying Company of Austin, Texas.
McMin Jr., R.P.L.S. No. 4267
P.O. Box 27695
Austin, Texa 78755
(512) 343 -1970
DATE : Match - 2, 1998
SURVEY : William Barker Sur., Abstract No. 107
COUNTY : Williamson, Texas
J.O. No. : 020898
BND0209A
Westchester Park
18.597 Acres MF to TF
. 86/8511998 13:38 5122194042
1
Mona Ryan
Planning & Comnauuty Development
City of Round Rock
221 East Main Street
Round Rock, TX 78664
STENDEBACH & ASSOCIATES, INC.
PLANNING AND DEVELOPMENT CONSULTANTS
June 5, 1998 BY FAX
RE: Cruise Tract ( 18.597 acres) rezoning from MF to TF.
s Eeao -I & ASSCC - PA - 82
Dear Ms. Ryan:
This will oonfinn our request that the above referenced zoning receive ONLY FIRST
READING at the June 11, 1998 City Council meeting. The purpose for this request is
to permit the sale of the property to the developer to close prior to the final reading of the
rezoning ordinance. The current owner has consented to the rezoning only to
accommodate the sale of the property for the two family development and would not
request this down zoning if the sale of the property, which is based on the final plat
approval, does not occur. It is our understanding that the sale of this property is
scheduled to close in approximately two weeks. We believe the conditional approval will
provide the necessary assurances to both the buyer and seller.
Thank you for your consideration and assistance with these matters..
Yours truly,
Stendebech & Associates, Inc
J Stendebach, AICP.
cc: Mike Hassibi
Jim Boles
Jay Cruise
11782 Jollyville Road • Suite 103 • Austin, Texas 78759 • (512) 219 -4041 • FAX (512) 219.4042
JUNI -05 -1998 1441 5122194042 95X P.02
Date: July 2,1998
Subject: City Council Meeting - July 9,1998
Item: 12.A.1. Consider an ordinance to rezone 18.597 acres of land
from MF (Multifamily) to TF (Two- Family).
(Westchester Park Subdivision tract) (Second Reading)
First Reading only was held on June 11, 1998 at the
request of the applicant. The Planning and Zoning
Commission unanimously recommended this zoning
change at their May 20, 1998 meeting. Applicant: James
R. Cruise. Agent: Stendebach & Associates, Inc. Staff
Resource Person: Joe Vining, Planning Director.
Rez
Westchester Park
18.597 acres from MF to TF
4