Z-98-10-08-12B1 - 10/8/1998THE 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- 10- 08 -12B1 which was passed and adopted by the City Council of the City of
Round Rock, Texas, at a meeting held on the 8th day of October, 1998 as recorded in the
minutes of the City of Round Rock in Book 39.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 2nd
day of ,November, 1998.
DOC* 9865341
NE LAND, Assistant City Manager/
City Secretary
OFFICIAL RECORDS
WILLIAMSON COUNTI( TEXAS
1L
BAIT
#4, and
ORDINANCE NO. Z gig" i QS- /16 I
AN ORDINANCE AMENDING ORDINANCE NO. Z- 94- O1- 13 -8M,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
JANUARY 13, 1994, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF ROUND ROCK, TEXAS, AS ADOPTED IN
SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS TO REFLECT SAID AMENDMENT;
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on January 13, 1994, the City Council of the City
of Round Rock, Texas adopted Ordinance No. Z- 94- 01- 13 -8M, which
amended Ordinance No. 1297 and the Official Zoning Map adopted in
Section 11.305(2), Code of Ordinances, 1995 Edition, City of Round
Rock, Texs, by establishing the 398.16 acres described in Exhibit
of said Ordinance as Planned Unit Development (PUD) District
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend Ordinance No. Z- 94- 01- 13 -8M,
said amendment permitting 26 single family homes with increased
development standards, more fully described in the Amended
Agreement and Development Plan for PUD No. 4, attached hereto as
Exhibit "B ", and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z -94-
01-13-8M and P.U.D. #4 on the 16th day of September, 1998,
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- 01 -13 -8M be amended, and
N:\ WP OOCS \ORDINANC \O81008B1.NPD /Cde
WHEREAS, on the 8th day of October, 1998, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z- 94- 01 -13 -8M and P.U.D. #4,
and
WHEREAS, the City Council determined that the amendment to
Ordinance No. Z- 94- 01 -13 -8M and P.U.D. #4 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, 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 determine that the proposed
amendment to Planned Unit Development (PUD) District #4 meets the
following goals and objectives:
(1) The change to the development in the proposed P.U.D. #4
is equal to or superior to development that would occur
under the standard ordinance requirements.
(2) The amendment to P.U.D. #4 is in harmony with the general
purposes, goals, objectives and standards of the General
Plan.
(3) The amendment to P.U.D. #4 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.
2.
(4) The amendment to P.U.D. #4 will be adequately served by
essential public facilities and services including
streets, parking, drainage, water, wastewater facilities,
and other necessary utilities.
(5) The amendment to P.U.D. #4 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.
II.
That Ordinance No. Z- 94- 01- 13 -8M, passed and adopted by the
City Council of Round Rock, Texas, on January 13, 1994, is hereby
amended by adopting an Amended Agreement and Development Plan for
Pud #4, which is attached hereto and incorporated herein.
m.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances, 1990 Edition, City of Round Rock, Texas is
hereby amended to reflect the amendments to Ordinance No. Z- 94 -01-
13-8M and P.U.D. #4 established therein.
Iv.
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 Resolution /Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times
during which this Resolution /Ordinance and the subject matter
3.
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 v day
of 00
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.
, A
City Secretary
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
4.
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 Forest Cove, Ltd., (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to amend Planned
Unit Development District # 4 ( "PUD ") as it applies to approximately 6.239 acres
of land, said acreage being more particularly described in Exhibit "A" attached
hereto and etade 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 SEPTEifl3 7,,1,1998, 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 ccnditions set forth herein, the City and the Owner agree as
follows:
I.
GENERAL PROVISIONS
1. CONFORMITY WITH 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
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 Section II.15 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".
1: \ TEXT \SEPUbS \PUDY4AGR.XPO /tg
AGREEMENT AND DEVELOPMENT PLAN FOR PUD NO.4.
6
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 ace 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.
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:
2.
5.10 Effective Date.
5.11 Appeal of Administrative Decisions.
1. DEFINITIONS
2. PROPERTY
3. PURPOSE
OWNER CITY OF ROUND ROCK
Attn.: Steve Smith
Forest Cove, Ltd.
4501 Westbank Drive
Austin, Texas, 78746
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.
Administrative decisions provided for in this Agreement may be
appealed to the City Council in writing within 90 days following
receipt by the Owner of the written confirmation of the decision.
5.12 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner
and its successors and assigns.
This Development Plan ( "Plan ") covers approximately 6.239 acres of land,
located within the city limits of Round Rock, Texas, and more particularly
described in Exhibit "A ", attached hereto.
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 ".
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 APPLICABILITY OF CITY ORDINANCES
4.1 2onina 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.
3.
4.2 Other Ordinances
5. PUD No. 4 AMENDED
All other Ordinances within the Code shall apply to the Property,
except as clearly modified by this Plan.
Planned Unit Development District # 4 ( "PUD ") as amended by ordinances Z-
94-01-13-8M and Z- 94- 02- 24 -8C, is amended to reflect the terms and
amendments contained in this Agreement. This amendment only affects the
Property and does not affect any other section of PUD # 4.
6. DEVELOPMENT STANDARDS
The Property shall be developed in accordance with the Development
Standards set forth in Exhibit "C ", attached hereto and incorporated
herein.
BUILDINGS
Building size, dimension, height and setbacks for all parcels shall be as
modified in Exhibit "C ", attached hereto and incorporated herein.
8. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibit "C ", attached
hereto and incorporated herein.
9. ACCESS TO COUNTY ROAD 122
Vehicular access to County Road 122 shall be restricted as follows.
9.1 Access to County Road 122 shall be provided by two private Joint Use
Access Drives as generally shown on map C -2, attached to Exhibit C,
attached hereto and incorporated herein. These Joint Use Access
Drives shall be owned and maintained by the specific Homeowners
Association created to provide maintenance of said private Joint Use
Access Drives These private Joint Use Access Drives shall access
County Road 122 at three ( 3 ) locations along the entire frontage
on County Road 122, as generally shown on map C -2, attached to
Exhibit C.
9.2 A minimum distance of 200 feet shall be provided between the Joint
Use Access Drive access points from the Property onto County Road
122. These distances shall be measured from the center lines of
driveways.
9.3 The term Joint Use Access Drives refers to the two Joint Use Access
Drives shown on Map C2 and the Forest Creek Section 23 plat only,
and does not refer to any shared driveways which may provide access
to two adjacent homes.
9.4 The Joint Use Access Drives shall be constructed prior to the
issuance of any Certificate of Occupancy for any building
constructed on the Property.
10. UTILITY CONNECTIONS
Each dwelling unit shall have its own separate connection and water meter
to City water lines and wastewater lines located adjacent to the Property
or in easements on the Property. The specific location of these utilities
shall be identified in the construction drawings for subdivision
4.
improvements. The line assignments for these utilities shall be designed
to avoid the destruction of significant trees wherever possible.
11. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
11.1 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 Public Works, the Director of Planning
and Community Development, and the City Attorney.
By:
11.2 Major Changes
Major changes shall be resubmitted following the same procedure
required by the original POD application.
12. PRELIMINARY PLAT APPROVED
This agreement shall constitute the approval of the Preliminary Plat,
which forms part of the platting process.
CITY OF OUND ROCK, TEXAS
C arles Culp
, Mayor
Date: 10-0ff -9
5.
FOREST COVE, LTD.
By.
General
Date: !/a ,fa
Exhibit "A"
BEING A TRACT OR PARCEL OF LAND =DATED IN WILLI.AMSON COUNTY,
TEXAS. AND BEING OUT OF AND A PART OF THE JOHN H. RANDALL SURVEY,
ABSTRACT NO. 531, AND BEING PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS "TRACT 4' IN A SPECIAL WARRANTY DEED TO XPKM II
VENTURES, LTD. FROM FOREST CREEK INVESTMENT, LTD., DATED APRIL 1.
1997, AND RECORDED IN DOCUMENT NO. 971 2, F TEE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF - LAND
DESCRIBED AS "TRACT 4" IN A DEED TO FOREST CREEK DEVELOPMENT, LTD.
FROM FRANKLIN CAPITAL CORPORATION, DATA FEBRUARY 14, 1994, AND
RECORDED IN VOLUME 2469, PAGE 860, OF THE OFFICIAL RECORDS OF
WILLIAMSOH COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference at an iron rod found in the
east right -of -way line of County Road No. 122, at its intersection
with the north right -of -way line of Forest Ridge Drive, for the
Southeast corner of that certain tract described as •Tract 1" in a
deed to City of Round Rock, Texas, recorded in volume 2168, Page
39, of the Official Records of Williamson County, Texas, and for
the Southwest corner of said 'Tract 4 ";
THENCE with the east right -of -way line of said County Road No. 122,
the same being the east line of the said City of Round Rock tract,
and the west line of said •Tract 4 ", North 00 °39'00 East, a
distance of 492.98 feet to an iron rod set, for the Southwest
corner and POINT OF BEGTNHING of the herein described tract;
THENCE continuing with the east right -of -way line of said County
Road No. 122, the same being the east line of the said City of
Round Rock tract, and the west line of said "Tract 4 ", North
00 9 39'00 East, a distance of 1,701.85 feet to an iron rod set, for
the Northwest corner of this tract;
TRENCH departing the east right - of - way line of said County Road No.
122, the east line of said City of Round Rock tract, and the west
line of said "Tract 4 and crossing said "Tract 4 ", South
41 °22'20" East, a distance of 74.65 feet to an iron rod found in a
line common to that certain tract of land described as ■Tract 2" in
a deed to the City of Round Rock, Texas from the Franklin Capital
Corporation, • dated September 28, 1989, and recorded in Volume 2060,
Page 401, of the Official Records of Williamson County, Texas and
said ■Tract 4 for an angle corner of this tract;
TT ICE with said line common to the said City of Round Rock "Tract
2" and said •Tract 4 ", the following eight (8) courses:
South 08 °33'54" West, a distance of 117.32 feet to an iron rod
found, for an angle corner of this tract;
South 27 °18'16' East, a distance of 115.26 feet to an iron rod
found, for an angle corner of this tract;
North 74 °56'53" East, a distance 'of 20.05 feet to an iron rod
found, for an angle corner of this tract;
South 18 °51'38" East, a distance of 132.26 feet to an iron rod
set, for an angle corner of this tract;
6:
(5) South 09°13'21" East, a distance of 626.67 feet to an iron rod
found, for an angle corner of this tract;
(6) South 30 °04 west, a distance of 269.24 feet to an iron rod
set, for an angle corner of this tract;
(7) South 01 °07'48" West, a distance of 224.78 feet to an
iron rod set, for an angle corner of this tract;
(8) South 61 °29'04" East, a distance of 142.30 feet to an iron rod
found, for an angle corner of this tract;
THENCE departing the line common to said "Tract Two and said
"Tract 4 ", and crossing said "Tract 4 ", the following two (2)
courses:
(1) South 37 °23 West, a distance of 207.08 feet to an iron rod
set, for an angle corner of this tract;
(2) North 89 West, a distance of 126.56 feet to the POINT
OF BEGINNING, containing 6.239 acres of land, more or less.
The bearing basis for this tract is the same as deed recorded in
Volume 2469, Page 860, of the Official Records of Williamson
County, Texas.
e E. Lucas
Registered Professional
Land Surveyor No. 4160
State of Texas
Date: December 15, 1997
File No. 415 -L
Randall Jones Engineering, Inc.
1212 E. Eraker Lane
Austin, Texas
7.
STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT B
LIENHOLDERS CONSENT
That Franklin Bank, SSID Organized and existing under the laws of the State of Texas, acting as
herein by and through its Trustee Being the holder of a lien by way of Deed of Trust Recorded in
Document number 9759168, of the Official Records of Williamson County, Texas does hereby
consent to the Agreement and Development Plan of 6.239 Acres of land situated on the City of
Round Rock, Williamson County, Texas, and does further hereby join, approve, and consent to
all provisions shown herein.
By: Franklin Bank, SSP1Zi
Robert E. Rhoades, its Trustee
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
This instrument was acknowledged before me on the '$ +b day of ., 1998
by Robe(+ E . Rhazcle , Pre -541eNf /7ru5+ee , ofd., kjj Rauk. 55Pa on behalf of said
P3a
Notary Public, State of Texas
Printed Name: J)hhie !i. Nichol-AA!
My Commission expires: 8.5 -a3OOO
8 .
EXHIBIT "C"
PERMITTED USES
and
DEVELOPMENT STANDARDS
1. USE & DENSITY: The Property shall be subdivided into 26 building lots and
two lots designated for open space as shown the Forest Creek Section 23
final plat, and generally shown on Map C2 attached to this Exhibit. All
building lots shall be developed as single family residential lots.
2. HEIGHT: The maximum height of any buildings, measured at the highest
point along the front building setback line of each lot, shall be limited
to thirty feet.
3. DESIGN STANDARDS:
3.1 Exterior Finish: 100% of the exterior finish of the following
elevaticns of all buildings shall be designed and constructed of
masonry. Masonry shall be defined as stone, brick or stucco.
a. All elevations which face the golf course.
b. All elevations which face the Joint Access Drives.
c. The north elevations of buildings on Lots 1 and 21.
d. The south elevations of buildings on Lots 20 and 26.
Windows, doors and trim are exempted from these requirements.
Architectural accents may be exempted in writing by the Director of
Planning and Community Development.
3.2 goofs: All roofs shall have a pitch of no less than 4 feet in 12
feet. Roofing materials shall consist of tile, non reflective metal,
or architectural dimensional shingles.
3.3 Caracas: A minimum of eighty percent (80%) of the garages shall be
accessed by shared driveways serving two dwelling units. Each
dwelling unit shall include a two or three car garage. Garages may
be either attached or detached. Examples of designs which will meet
these requirements are attached to this Exhibit as Map Cl.
4. BUILDING SETBACKS:
4.1 Front vard setbacks (County Road 122 side):
All buildings shall maintain a minimum setback of ten feet (10')
from the near edge of the Joint Use Access Drive. Front yards shall
be defined as the yard between the house and the Joint Use Access
Drive.
4.2 Rear yard setbacks (Golf Course side): All building setbacks from
the golf course shall be considered rear lot set backs and shall be
in accordance with the City Code.
4.3 Side vard setbacks: All side yard building setbacks shall be five
feet (5').
5. TREE PROTECTION:
5.1 All trees of eight inch (8 ") diameter or larger located on Lot 27 as
shown on the Forest Creek Section 23 final plat shall be protected.
Lot 27 shall be owned and maintained by the Homeowners Association
established for this purpose. Lot 27 shall be used for open space,
I: \ TEXT \SEPUGS \PVDPIDEV.NPD /kq
9.
drainage and public utility easements only and no buildings shall be
constructed thereon.
5.2 All trees of eight inch (8 ") diameter or larger located on Lot 28 as
shown on the Forest Creek Section 23 final plat shall be protected.
Lot 29 shall be owned and maintained by either the Homeowners
Association established for this purpose or the City as part of the
Forest Creek Golf Course. Lot 28 shall be used for open space only
and no buildings shall be constructed thereon.
5.3 All trees of eight inch (8 ") diameter or larger located within the
landscape easements as shown on Map C -2 and on the Forest Creek
Section 23 final plat shall be protected. These landscape easements
shall be maintained by the Homeowners Association established for
this purpose.
6. LANDSCAPING REQUIREMENTS:
6.1 The landscape easements generally shown on Map C2, attached hereto
shall be identified on the final plat of Forest Creek Section 23.
These landscape easements be maintained by the Homeowners
Association established for that purpose. The documents establishing
the Homeowners Association shall be submitted with the Forest Creek
Section 23 final plat at time of recordation.
6.2 The areas identified as landscape easements on the Forest Creek
Section 23 final plat shall be landscaped as part of the development
of the subdivision. This landscaping shall include the preservation
of any trees eight inches (8 ") or greater in diameter. This
landscaping shall also include a plant screen or masonry wall which
effectively separates the Joint Use Access Drives from Red Bud Lane
(County Road 122), where there is less than 20 feet of separation
between the Joint Use Access Drive and the right of way of Red Bud
Lane. A landscaping plan for these landscape easements shall be
approved by the Director of Planning prior to recording the Forest
Creek Section 23 final plat.
7. DEVELOPMENT STANDARDS & MAINTENANCE OF JOINT USE:
Vehicular access to and from Red Bud Lane (County Road 122) from all
building lots shown on the Forest Creek Section 23 final plat shall be
restricted to the Joint Use Access Drives shown thereon.
The Joint Use Access Drives identified on the Forest Creek Section 23
final plat shall consist of twenty feet of pavement, which shall include
a concrete ribbon curb on both sides of the drives. The Joint Use Access
Drives shall be located in access easements which shall be shown on the
plat. All Joint Use Access Drives shall be maintained by the Homeowners
Association referenced in Section 5 of this Exhibit.
Shared driveways that connect individual garages and parking areas to the
Joint Use Access Drives shall be required as follows: Lots 2 & 3; Lots 4
& 5; Lots 6 & 7; Lots 8 & 9; Lots 10 & 11; Lots 12 & 13; Lots 14 & 15;
Lots 16 & 17; Lots 18 & 19; Lots 24 & 25. The respective reciprocal access
easements shall be provided. Lots 1, 20, 21, 22, 23 & 26 shall be
permitted individual driveways onto the Joint Use Access Drives.
8. PARKING: Three parking spaces shall be provided for each home containing
three or more bedrooms. Two parking spaces shall be provided for each home
containing two or less bedrooms. These include parking spaces in both
garages or driveways.
10.
9. SIDEWALKS: Sidewalks along Red Bud Lane (County Road 122) shall be
constructed in accordance with City Code requirements or a cash equivalent
shall be paid to a City trust account designated for the future
construction of this sidewalk.
11.
4'O
a
MAP Cl
PLANS SHOWING PERMITTED DRIVEWAY CONFIGURATIONS
• h
FOREST CREEK
SECTION 23
MAP C 2
Landscape Easement
RECORDERS MEMORANDUM
All pans of the text on this page was not
clearly legible for satisfactory recordation,
Landscape Easement
Open Space
Open Space
to . We mar Yalu
am deem
u
Dock 94165341
A Pasesu 19
Date a 11 -04 -1998
Time 1 04146,34 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 45.00
11640
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CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78884
ORDINANCE NO. 7- - 8- /O- 08-1161
AN ORDINANCE AMENDING ORDINANCE NO. Z- 94- 01- 13 -8M,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
JANUARY 13, 1994, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF ROUND ROCK, TEXAS, AS ADOPTED IN
SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY
OF ROUND ROCK, TEXAS TO REFLECT SAID AMENDMENT;
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on January 13, 1994, the City Council of the City
of Round Rock, Texas adopted Ordinance No. Z- 94- 01- 13 -8M, which
amended Ordinance No. 1297 and the Official Zoning Map adopted in
Section 11.305(2), Code of Ordinances, 1995 Edition, City of Round
Rock, Texs, by establishing the 398.16 acres described in Exhibit
"A" of said Ordinance as Planned Unit Development (PUD) District
#4, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend Ordinance No. Z- 94- 01- 13 -8M,
said amendment permitting 26 single family homes with increased
development standards, more fully described in the Amended
Agreement and Development Plan for PUD No. 4, attached hereto as
Exhibit "B ", and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z -94-
01-13-8M and P.U.D. #4 on the 16th day of September, 1998,
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- 01 -13 -8M be amended, and
R: \ "POCCS \ORDINANC \OB100BB1.NPD /cdc
WHEREAS, on the 8th day of October, 1998, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z- 94- 01 -13 -BM and P.U.D. #4,
and
WHEREAS, the City Council determined that the amendment to
Ordinance No. Z- 94- 01 -13 -8M and P.U.D. #4 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, 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 determine that the proposed
amendment to Planned Unit Development (PUD) District #4 meets the
following goals and objectives:
(1) The change to the development in the proposed P.U.D. #4
is equal to or superior to development that would occur
under the standard ordinance requirements.
(2) The amendment to P.U.D. #4 is in harmony with the general
purposes, goals, objectives and standards of the General
Plan.
(3) The amendment to P.U.D. #4 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.
2.
(4) The amendment to P.U.D. #4 will be adequately served by
essential public facilities and services including
streets, parking, drainage, water, wastewater facilities,
and other necessary utilities.
(5) The amendment to P.U.D. #4 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.
R.
That Ordinance No. Z- 94- 01- 13 -8M, passed and adopted by the
City Council of Round Rock, Texas, on January 13, 1994, is hereby
amended by adopting an Amended Agreement and Development Plan for
Pud #4, which is attached hereto and incorporated herein.
III.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances, 1990 Edition, City of Round Rock, Texas is
hereby amended to reflect the amendments to Ordinance No. Z- 94 -01-
13-8M and P.U.D. #4 established therein.
Iv.
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 Resolution /Ordinance was adopted was posted and that such
meeting was open to the public as required by law at all times
during which this Resolution /Ordinance and the subject matter
3.
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
of C 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
(i,A
CHARLES CUL ER, Mayor
City of Round Rock, Texas
4.
day
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 Forest Cove, Ltd., (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to amend Planned
Unit Development District 8 4 ( "PUD ") as it applies to approximately 6.239 acres
of land, said acreage being more particularly described 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 Flan is contained in Section II of this Agreement; and
WHEREAS, on SEPT -mQE/e, « , 1998, the City's Planning and Zoning
Commission recommended approval of the Owner's application for a PUD.
NOW THEREFORE SY THIS AGREEMENT WITNESSETH that, in consideration of the
covenants and ccnditions set forth herein, the City and the Owner agree as
follows:
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
That all uses and development within the Property shall conform to the
Development Plan included in Section 11 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 Section I1.15 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
I: \TEXT \SEPUUS \PUDOIAGR."PD /kg
AGREEMENT AND DEVELOPMENT PLAN FOR PUD NO.4.
6
S
S
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
"$n
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.
5.6 Venue.
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.
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.
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:
2.
5.10
1. DEFINITIONS
2. PROPERTY
3. PURPOSE
OWNER
Effective Date.
This Agreement shall be effective from and after the date of due
execution hereof by all parties.
5.11 Appeal, of Administrative Decisions.
Administrative decisions provided for in this Agreement may be
appealed to the City Council in writing within 90 days following
receipt by the Owner of the written confirmation of the decision.
5,12 Binding Effect.
Attn.: Steve Smith
Forest Cove, Ltd.
4501 Westbank Drive
Austin, Texas, 78746
This Agreement and the Development Plan binds and benefits the Owner
and its successors and assigns.
4. APPLICABILITY OF CITY ORDINANCES
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 6.239 acres of land,
located within the city limits of Round Rock, Texas, and more particularly
described 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 no 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.
4.1 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.
3.
CITY OF ROUND ROCK
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn.: Director of Planning
4.2 Other Ordinances
5. PUD No. 4 AMENDED
All other Ordinances within the Code shall apply to the Property,
except as clearly modified by this Plan.
Planned Unit Development District # 4 ( "PUD ") as amended by ordinances Z-
94-01-13-8M and Z- 94- 02- 24 -8C, is amended to reflect the terms and
amendments contained in this Agreement. This amendment only affects the
Property and does not affect any other section of PUD # 4.
6. DEVELOPMENT STANDARDS
The Property shall be
Standards set forth in
herein.
7. BUILDINGS
Building size, dimension,
modified in Exhibit "C ",
8. LANDSCAPING and BUFFERING
9. ACCESS TO COUNTY ROAD 122
10. UTILITY CONNECTIONS
developed in accordance with the Development
Exhibit "C ", attached hereto and incorporated
height and setbacks for all parcels shall be as
attached hereto and incorporated herein.
Landscaping and buffering shall be as modified in Exhibit "C ", attached
hereto and incorporated herein.
Vehicular access to County Road 122 shall be restricted as follows.
9.1 Access to County Road 122 shall be provided by two private Joint Use
Access Drives as generally shown on map C -2, attached to Exhibit C,
attached hereto and incorporated herein. These Joint Use Access
Drives shall be owned and maintained by the specific Homeowners
Association created to provide maintenance of said private Joint Use
Access Drives These private Joint Use Access Drives shall access
County Road 122 at three ( 3 ) locations along the entire frontage
on County Road 122, as generally shown on map C -2, attached to
Exhibit C.
9.2 A minimum distance of 200 feet shall be provided between the Joint
Use Access Drive access points from the Property onto County Road
122. These distances shall be measured from the center lines of
driveways.
9.3 The term Joint Use Access Drives refers to the two Joint Use Access
Drives shown on Map C2 and the Forest Creek Section 23 plat only,
and does not refer to any shared driveways which may provide access
to two adjacent homes.
9.4 The Joint Use Access Drives shall be constructed prior to the
issuance of any Certificate of Occupancy for any building
constructed on the Property.
Each dwelling unit shall have its own separate connection and water meter
to City water lines and wastewater lines located adjacent to the Property
or in easements on the Property. The specific location of these utilities
shall be identified in the construction drawings for subdivision
4.
impr• a - - - - -- is foa Lhese ulililies shall Lc designed
to avoid the destruction of significant trees wherever possible.
11. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
11.1 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 Public Works, the Director of Planning
and Community Development, and the City Attorney.
11.2 Maior Changes
Major changes shall be resubmitted following the same procedure
required by the original PUD application.
12. PRELIMINARY PLAT APPROVED
This agreement shall constitute the approval of the Preliminary Plat,
which forms part of the platting process.
CITY OF SOUND ROCK, TEXAS
By:
Charles Culp ,p , Mayor
Date: 6- 0ff- + W
5.
FOREST COVE, LTD.
By:
Ste n S[dith, - President
Gre nslope Partners, Inc.
General Partn rp�
Date:
Exhibit AN
BEING A TRACT OR PARCEL OF LAND sITOATED IN WILLIAMSON COUNTY,
TEXAS, AND BEING 0UT'OF AND A PART OF THE JOHN S. RLNDP.LL SURVEY.
ABSTRACT NO. 531, AND BEING PART OF THAT CERTAIN TRACT OF LAND
DESCRIBED AS 'TRACT 4' IN A SPECIAL WARRANTY DEED TO EPKM II
VENTURES, LTD. FROM FOREST CREEK INVESTMENT, LTD., DATED APRIL 1,
1997, AND RECORDED IN DOCUMENT NO. 9714652, OF THE OFFICIAL RECORDS
OF WILLIAMSON COUNTY, TEXAS, AND BEING THE SAME TRACT OF , 'LAND
DESCRIBED AS "TRACT 4. DIADEM TO FOREST CREEK DEVELOPMENT, LTD.
FROM FRANKLIN CAPITAL CORPORATION, DATED FEBRUARY 14, 1994, AND
RECORDED IN VOLUME 2469, PAGE 860, OF THE OFFICIAL RECORDS OF
WILLIAMSON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING for a point of reference at an iron rod found in the
east right -of -way line of County Road No. 122, at its intersection
with the north right -of -way line of Forest Ridge Drive, for the
Southeast corner of that certain tract described as *Tract 1" in a
deed to City of Round Rock, Texas, recorded in Volume 2168, Page
39, of the Official Records of Williamson County, Texas, and for
the Southwest corner of said 'Tract 4*;
THENCE with the east right -of -way line of said County Road No. 122,
the same being the east line of the said City of Round Rock tract,
and the west line of said •Tract 4 ", North 00 °39'00 East, a
distance of 492.98 feet to an iron rod set, for the Southwest
corner and POINT OF BEGINNING of the herein described tract;
THENCE continuing with the east right -of -way line of said County
Road No. 122, the same being the east line of the said City of
Round Rock tract, and the west line of said "Tract 4 North
00 °39'00 East, a distance of 1,701.85 feet to an iron rod set, for
the Northwest corner of this tract;
THENCE departing the east right -of -way line of said County Road No.
122. the east line of said City of Round Rock tract, and the west
line of said "Tract 4 ", and crossing said "Tract 4 ", South
41 °22'20" East, a distance of 74.65 feet to an iron rod found in a
line common to that certain tract of land described as "Tract 2" in
a deed to the City of Round Rock, Texas from the Franklin Capital
Corporation, dated September 28, 1989, and recorded in Volume 2060,
Page 401, of the Official Records of Williamson County, Texas and
said *Tract 4 for an angle corner of this tract;
MINCE with said line common to the said City of &ound Rock *Tract
2* and said "Tract 4 ", the following eight (8) courses:
(1) South 08 °33'54" West, a'distance of 117.32 feet to an iron rod
found, for an angle corner of this tract;
(2) South 27 0 18'16" East, a distance of 115.26 feet to an iron rod
found, for an angle corner of this tract;
(3) North 74 °56'53* East, a distance 'of 20.05 feet to an iron rod
found, for an angle corner of this tract;
(4) South 18 °51'38" East, a distance of 132.26 feet to an iron rod
set, for an angle corner of this tract;
6.
(5) South 09 °13'21• East, a distance of 626.67 feet to an iron rod
found, for an angle corner of this tract;
(6) South 30 °04'11" West, a distance of 269.24 feet to an iron rod
set, for an angle corner of this tract;
(7) South 01°07'48" West, a distance of 224.78 feet to an
iron rod net, for an angle corner of this tract;
(8) South 61 °29'04" East, a distance of 142.30 feet to an iron rod
found, for an angle corner of this tract;
THENCE departing the line common to said "Tract Two and said
"Tract 4 and crossing said "Tract 4', the following two (2)
courses:
(1) South 37°23'21" West, a distance of 207.08 feet to an iron rod
set, for an angle corner of this tract;
(2) North 89 °21'00" West, a distance of 126.56 feet to the POINT
OF BEGINNING, containing 6.239 acres of land, more or less.
The bearing basis for this tract is the same as deed recorded in
Volume 2469, Page 860, of the Official Records of Williamson
County, Texas.
C�6rg E. Lucas
Registered Professional
Land Surveyor No. 4160
State of Texas
Date: December 15, 1997
File No. 415 -L
Randall Jones Engineering, Inc.
1212 E. Braker Lane
Austin, Texas
7.
STATE OF TEXAS
COUNTY OF WILLIAMSON
That Franklin Bank, SSH Organized and existing under the laws of the State of Texas, acting as
herein by and through its Trustee Being the holder of a lien by way of Deed of Trust Recorded in
Document number 9759168, of the Official Records of Williamson County, Texas does hereby
consent to the Agreement and Development Plan of 6.239 Acres of land situated on the City of
Round Rock, Williamson County, Texas, and does further hereby join, approve, and consent to
all provisions shown herein.
By: Franklin Bank, SSi &
Robert E. Rhoades, its Trustee
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT B
LIENHOLDERS CONSENT
This instrument was acknowledged before me on the o48 day of , 1998
by Robert f . Rhoade , PreideNf /Truti+re , of ukltN F3 . 5Sea on behalf of said
Pxt.aK
Notary Public,
Printed Name:
My Commission expires: ct� -5 o?aD0
a•
3. DESIGN STANDARDS:
4. BUILDING SETBACKS:
5. TREE PROTECTION:
1:\TEXT\SEPUDS\PUDxa0EV.NPD /kg
EXHIBIT "C"
PERMITTED USES
and
DEVELOPMENT STANDARDS
1. USE & DENSITY: The Property shall be subdivided into 26 building lots and
two lots designated for open space as shown the Forest Creek Section 23
final plat, and generally shown on Map C2 attached to this Exhibit. All
building lots shall be developed as single family residential lots.
2. HEIGHT: The maximum height of any buildings, measured at the highest
point along the front building setback line of each lot, shall be limited
to thirty feet.
3.1 Exterior. Finish: 100% of the exterior finish of the following
elevations of all buildings shall be designed and constructed of
masonry. Masonry shall be defined as stone, brick or stucco.
a. All elevations which face the golf course.
b. All elevations which face the Joint Access Drives.
c. The north elevations of buildings on Lots 1 and 21.
d. The south elevations of buildings on Lots 20 and 26.
Windows, doors and trim are exempted from these requirements.
Architectural accents may be exempted in writing by the Director of
Planning and Community Development.
3.2 Roofs: All roofs shall have a pitch of no less than 4 feet in 12
feet. Roofing materials shall consist of tile, non reflective metal,
or architectural dimensional shingles.
3.3 Garaces: A minimum of eighty percent (BO%) of the garages shall be
accessed by shared driveways serving two dwelling units. Each
dwelling unit shall include a two or three car garage. Garages may
be either attached or detached. Examples of designs which will meet
these requirements are attached to this Exhibit as Map Cl.
4.1 Front vard setbacks (County Road 122 side):
All buildings shall maintain a minimum setback of ten feet (10')
from the near edge of the Joint Use Access Drive. Front yards shall
be defined as the yard between the house and the Joint Use Access
Drive.
4.2 Rear vard setbacks (Golf Course side): All building setbacks from
the golf course shall be considered rear lot set backs and shall be
in accordance with the City Code.
4.3 Side vard setbacks: All side yard building setbacks shall be five
feet (5').
5.1 All trees of eight inch (8 ") diameter or larger located on Lot 27 as
shown on the Forest Creek Section 23 final plat shall be protected.
Lot 27 shall be owned and maintained by the Homeowners Association
established for this purpose. Lot 27 shall be used for open space,
9.
drainage and public utility easements only and no buildings shall be
constructed thereon.
5.2 All trees of eight inch (8 ") diameter or larger located on Lot 28 as
shown on the Forest Creek Section 23 final plat shall be protected.
Lot 28 shall be owned and maintained by either the Homeowners
Association established for this purpose or the City as part of the
Forest Creek Golf Course. Lot 28 shall be used for open space only
and no buildings shall be constructed thereon.
5.3 All trees of eight inch (6 ") diameter or larger located within the
landscape easements as shown on Map C -2 and on the Forest Creek
Section 23 final plat shall be protected. These landscape easements
shall be maintained by the Homeowners Association established for
this purpose.
6. LANDSCAPING REOUIREMENTS:
6.1 The landscape easements generally shown on Map C2, attached hereto
shall be identified cn the final plat of Forest Creek Section 23.
These landscape easements shall be maintained by the Homeowners
Association established for that purpose. The documents establishing
the Homeowners Association shall be submitted with the Forest Creek
Section 23 final plat at time of recordation.
6.2 The areas identified as landscape easements on the Forest Creek
Section 23 final plat shall be landscaped as part of the development
of the subdivision. This landscaping shall include the preservation
of any trees eight inches (8 ") or greater in diameter. This
landscaping shall also include a plant screen or masonry wall which
effectively separates the Joint Use Access Drives from Red Bud Lane
(County Road 122), where there is less than 20 feet of separation
between the Joint Use Access Drive and the right of way of Red Bud
Lane. A landscaping plan for these landscape easements shall be
approved by the Director of Planning prior to recording the Forest
Creek Section 23 final plat.
7. DEVELOPMENT STANDARDS & MAINTENANCE OF JOINT USE:
Vehicular access to and from Red Bud Lane (County Road 122) from all
building lots shown on the Forest Creek Section 23 final plat shall be
restricted to the Joint Use Access Drives shown thereon.
The Joint Use Access Drives identified on the Forest Creek Section 23
final plat shall consist of twenty feet of pavement, which shall include
a concrete ribbon curb on both sides of the drives. The Joint Use Access
Drives shall be located in access easements which shall be shown on the
plat. All Joint Use Access Drives shall be maintained by the Homeowners
Association referenced in Section 5 of this Exhibit.
Shared driveways that connect individual garages and parking areas to the
Joint Use Access Drives shall be required as follows: Lots 2 & 3; Lots 4
& 5; Lots 6 & 7; Lots 8 & 9; Lots 10 & 11; Lots 12 & 13; Lots 14 & 15;
Lots 16 & 17; Lots 18 & 19; Lots 24 & 25. The respective reciprocal access
easements shall be provided. Lots 1, 20, 21, 22, 23 & 26 shall be
permitted individual driveways onto the Joint Use Access Drives.
8. PARKING: Three parking spaces shall be provided for each home containing
three or more bedrooms. Two parking spaces shall be provided for each home
containing two or less bedrooms. These include parking spaces in both
garages or driveways.
10.
9. SIDEWALKS: Sidewalks along Red Bud Lane (County Road 122) shall be
constructed in accordance with City Code requirements or a cash equivalent
shall be paid to a City trust account designated for the future
construction of this sidewalk.
11.
MAP Cl
PLANS SHOWING PERMITTED DRIVEWAY CONFIGURATIONS
%esp. Glues&
MAP C 2
FOREST CREEK
SECTION 23
Landscape Easement
Landscape Easement
Date: October 2,1998
Subject: City Council Meeting - October 8,1998
Item: 12.B.1. Consider an ordinance concerning Amendment No. 3 to PIanned
Unit Development (PUD) No. 4 which will permit 26 single
family homes with increased development standards. (First
Reading) The attached PUD document includes the revised
language and staff recommends approval. Applicant: Steven
Smith, owner. Agent: Jim Stendebach. Staff Resource Person: Joe
Vining, Planning Director.
PUD 4 Amendment 3
Forest Creek Section 23