Z-99-03-25-9C2 - 3/25/1999THE 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- 99- 03- 25 -9C2 which was passed and adopted by the City Council of the City of
Round Rock, Texas, at two meetings held on the 11th day of March 1999 and the 25th
day of March, 1999 as recorded in the minutes of the City of Round Rock in Book 40.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 21st
day of April 1999.
DOC# 9926263
JOANNE LAND, Assistant City Manager/
City Secretary
ao
ORDINANCE NO. Z" q 7- O3 5 9C
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO RE -ZONE
67.8070 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY,
ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS
PLANNED UNIT DEVELOPMENT (PUD) NO. 3 7 .
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" as Planned Unit
Development (PUD) No. 37, 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 17th day of
February, 1999, 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 PUD No.37, and
WHEREAS, on the llth day of March, 1999, after proper
notification, the City Council held a public hearing on the
requested amendment, and
H: \TOXT \sae"DS \aicwRD. n /ede
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.37 meets the following goals and objectives:
(1) The development in PUD No. 37 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 37 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 37 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. 37 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. 37 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 Planned Unit Development
(PUD) No. 37, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 37
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.
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 , 1999.
3.
Alternative 2.
READ and APPROVED on first reading this the day of
/ ► CA1L.L�! V 1999.
READ, APPROVE and � ADOPTED on second reading this the
a 5 of PII/.0 /C.L:I f
ATTEST:
E
LAND, City Secretary
, 1999.
efe
CHARLES CULPEPp R, Mayor
City of Round Rock, Texas
4.
., 88/21/1997 12:31 3468568 WATSON SURVEYING
.HIBIT "A" (PARCEL 1)
The following field notes describe that portion of the Doyle Nickerson
119.997 acre tract that is,at the present date of August 20, 1997, inside
the City Limits of Round Rock, Texas:
18.696 acres of land out of the Asa Thomas Survey in Williamson County, Texas
and being a portion of that tract conveyed to Doyle Nickerson by deed recorded
in Vol. 526, page 50, Williamson County Deed Records; described metes and
bounds as follows:
BEGINNING at the northwest corner of said Nickerson tract;
THENCE along the north line of said Nickerson tract, S89 ° 16'E 151.46 ft and
889 ° 58'30 "E 1658.42 ft to northeast corner of said Nickerson tract for corner;
THENCE along the east line of said Nickerson tract, S18 ° 45'40 "E 475.36 ft
for corner;
THENCE N89 °57'42 "W 1817.09 ft to the west line of said Nickerson tract for
corner;
THENCE along the west line of said Nickerson tract, N17 ° 56'W 473.08 ft to
the place of BEGINNING, containing 18.696 acres.
Prepared from survey by James T. Watson dated May 12, 1986, of said 119.997 ac.
By:
WATSON SURVEYING
9501 CAPITAL OF TEXAS HWY.
SUITE 303 AUSTIN, TX 78759
346 -8566 FAX 346 -8568
taff-ntl&z,
Stuart Watson, RPLS 4550
I 4r
8/20/97
PAGE 01
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 DOYLE
HICKERSON (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to re-
zone 67.8070 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, on February 17th, 1999, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.12 below are followed.
3. ZONING VIOLATION
H: \TEXT \SSPUUS \KICKPL0.N.37 /edc
EXHIBIT "B"
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR HICKERSON PUD
NO. 37
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
5.
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. J,IENHOLDER 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 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.
5.2 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.3 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.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.5 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.
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
6.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.8 Notices.
5.9 Effective Date.
1. DEFINITIONS
2. PROPERTY
3. PURPOSE
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER ROUND ROCK
Doyle Hickerson
P. O. Box 789
Round Rock, Texas 78680
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
7.
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
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 67.8070 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 and incorporated herein.
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
structures, the immediate neighboring properties or interfere
with their development or use in accordance with any existing
zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinanceg
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5. PERMITTED USES
The permitted uses of the Property shall be as (I -2)
Industrial Park, except as modified in Exhibit "C ", attached
hereto and incorporated herein.
6. LOT SIZES
The minimum lot size shall be as modified in Exhibit "C ",
attached hereto.
7. BUILDINGS SETBACK
Building setbacks shall be as modified in Exhibit "C ",
attached hereto.
8. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibit "C ",
attached hereto.
9. PARKING
Parking regulations shall be as modified in Exhibit "C ",
attached hereto.
10. SIGN STANDARDS
Sign Standards shall be as modified in Exhibit "C ", attached
hereto.
11. Utilities
Except where approved in writing by the Director of Public
Works, all electrical, telephone and cablevision distribution
and service lines, other than overhead lines three -phase or
larger, shall be placed underground.
8.
12. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
12.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and the Director of Public Works.
12.2 Manor Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
12.3 Changes in Writing
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
13. GENERAL PLAN AMENDED
The Round Rock General Plan is hereby amended to reflect the
provisions of this agreement.
14. BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
9.
By:
CITY OF' •
UND ROCK
Charles Cul r, Mayor
Date: L3-a5-99
CKERSON
ate 4- —a�-
Exhibit B
Lienholder's Consent
1. DEVELOPMENT AREAS
x: \TF][T \SEPUOS \xtCKE% x.37 /cdc
1.1 TRACT ONE
Tract One, consisting of approximately eight (8)
acres, is the area identified as Tract One in
Exhibit "D ".
1.2 TRACT TWO
2. PERMITTED USES:
Tract Two, consisting of approximately fifty -eight
(58) acres, is the area identified as Tract Two in
Exhibit "D ".
2.1 TRACT ONE
EXHIBIT C
DEVELOPMENT STANDARDS
2.1.1 Business Park uses, including, but not
limited to, office, office /warehouse,
research & development, technical
schools, light manufacturing and assembly
conducted wholly within a building.
2.1.2 Business Park Secondary uses, including,
but not limited to, caretaker's
residence, the sale of goods produced or
assembled on site, day care for employee
services related to the site.
2.1.3 Local Commercial services, as defined in
the Code, including, but not limited to,
pharmacies, dry cleaning pick -up
services, shoe repair services, beauty
and barber shops, convenience stores,
fitness studios, tailor shops, and other
local commercial services which serve the
neighborhood. All property developed as
Local Commercial uses as described above
shall conform to C -2 - Local Commercial
zoning development standards.
10.
2.2 TRACT TWO
2.2.1 Business Park uses, including, but not
limited to, office, office /warehouse,
research & development, technical
schools, light manufacturing and assembly
conducted wholly within a building.
2.2.2 Business Park Secondary uses, including,
but not limited to, caretaker's
residence, the sale of goods produced or
assembled on site, day care for employee
services related to the site.
3. PROHIBITED USES: The following uses are prohibited:
automotive and machinery repair, including oil change
facilities, automotive and machinery painting, automotive
rental and sales, automotive washes, wrecking yards,
sexually oriented businesses, transmission and
communication towers, trucking terminals, truck repair,
bulk distribution centers, mini - warehouses, flea markets,
portable building sales, amusement parks or carnivals,
campgrounds, recreational vehicle parks, outdoor shooting
ranges, and kennels, video arcades, taverns and bars,
billiard parlors, tattoo parlors and donation centers.
4. OUTDOOR STORAGE (BUSINESS PARK USE ONLY): Any outdoor
storage of materials or equipment and loading docks shall
require a visual screen from abutting properties or city
streets. All screening shall be approved by the Director of
Planning prior to building permit approval.
5. INTERPRETATION OF USE: Interpretation of uses not clearly
permitted or prohibited shall be made in writing by the
Director of Planning. A copy of interpretations shall be
provided to the Owner and the City Building Inspector.
6. BUSINESS PARK DEVELOPMENT STANDARDS
6.1 DENSITY: Minimum lot size one (1) acre.
6.1.1 Business Park Use Setbacks shall be as
follows:
Front Setback - Fifty (50') feet
11.
Side Setback, Internal - Twenty -five
(25') feet
Side Setback, Street - Fifty (50') feet
Rear Setback - Twenty -five (25') feet.
6.2 BUILDING HEIGHT REOUIREMENTS
7. SIGN REGULATIONS:
6.2.1 Business Park Use maximum height shall be
three (3) stories, or forty -five (45)
feet.
7.1 All freestanding signs shall be monument signs.
7.2 Freestanding signs shall not exceed six feet in
height.
7.3 Freestanding signs shall not restrict visibility
for traffic entering or leaving the site.
7.4 One freestanding sign shall be permitted for lots
of less than three acres in size. The maximum area
of the sign, defined as the area contained within a
polygon containing the actual lettering and any
logo, shall be fifty square feet. Portions of the
masonry structure on which the sign is located are
not counted as part of the fifty square feet
provided they are not contained within the polygon.
7.5 Additional freestanding monument signs shall be
permitted for lots of three acres or larger in
accordance with the regulations contained in the
Code.
7.6 Directional signs solely for the purpose of
directing traffic or identifying buildings and
facilities shall be permitted provided they are
restricted to a size required for their function as
determined by the Director of Planning.
8. LANDSCAPING & BUFFERING:
8.1 A landscaped berm shall be provided in all front
yard areas, or, for any parcel abutting Gattis
12.
School Road. The landscaped berm shall be installed
in accordance with the following design standards:
8.1.1 The berm shall be a minimum height of
three feet with a maximum slope of three
feet and a minimum slope of six to one
and a top no narrower than five feet. The
berm shall be landscaped to provide a
complete visual screen of any parking,
loading or storage areas. A site plan
shall be approved by the Director of
Planning prior to the issuance of any
building permit. The Director of Planning
shall review the landscaping, elevations
and abutting uses to ensure that the
required visual screen will be provided.
Trees shall be planted one tree for every
thirty feet of street frontage to allow
cluster planting.
8.2 Trees shall be planted in all street yards, in
accordance with the Code. Said trees shall have a
minimum caliper of two inches and a minimum height
of six feet for softwoods and eight feet for
hardwoods at time of planting. Trees shall consist
of a mix of hardwoods and softwoods to provide for
both rapidly growing and slower growing species.
8.3 A minimum of one hundred (100 %) percent of required
front yards and side street yards shall be
landscaped, excluding driveways.
8.4 Irrigation shall be provided in all landscape and
buffer areas to insure maintenance of landscaped
areas. Should landscaping or trees die in the
future, the property owner will be required to
replant in accordance with the approved plan.
9. PARKING & LOADING REOUIREMENTS:
9.1 Parking and loading shall be provided in accordance
with the current standards set forth in the Code.
9.2 No parking or loading shall be permitted in any
required front yard or street side yard.
13.
10. LIGHTING STANDARDS:
All development within the Property shall be restricted to
the following standards:
10.1 Maximum light pole height shall be thirty (30')
feet.
10.2 All exterior lighting shall be hooded or shielded
to direct light down. Lighting levels at adjacent
property boundaries shall not exceed lighting
levels typical for standard residential street
lighting.
11. SCREENING REQUIREMENTS FOR DUMPSTERS AND MECHANICAL
EOUIPMENT
11.1 All dumpsters and mechanical equipment shall be
screened by either vegetative screening or solid
fencing so that they are not visible either from
the street or from single family development.
12. FENCING OR SCREENING BETWEEN RESIDENTIAL AND NON -
RESIDENTIAL USES
A solid fence shall be required along the property line of
abutting residential uses. Fence panels shall be
constructed of redwood, cedar, preservative pressure
treated wood, masonry, or stone. Fence posts shall be
constructed of rust resistant metal parts, concrete based
masonry or concrete pillars of sound structural integrity.
14.
. _...._�.-- . -_.`._ ...t•'lk'4rst•fie�pry!ttt•�.
.vo(. 2155peoE 168 , I, _ -T... .
H'aJS�r�p`l'j � 44' 4)
BEGINNING' at ■ point to the south ! rig h t =of• ay 11 a' of •Gatti, .
. • School Road (variable right -of -way width), said potppta being the! rorthwest I e -
corner of a 5.00 ic tract of land as conveyed to V. L. Jakdb and J. It. Jakob
by instrument recorded In Volume 844 Page 912 of said Off1cla1iRacdeds, the •
northeast corner of the above referenced 95.41 acre FloyllHowe tract of land,
the northeast corner and POINT OF BEGINNING hereof; •
THENCE departing said right -of -way line, with the connon
•line of said J 5.00 acre tract of land and said Floy Rowe 95141'.&e tract
of land, 519'20'10'E for a distance of 962.72 feet.te(ta point' tieing the
southwest corner.of said 5.00 acre tract, the northwest corner Of a f00 acre ' •
tract of land as conveyed to N. J. Dedear by tnstement.recorded;ln Volume 415
Page 157 of said Official Records, said point being ad. angle? point' to the
asst boundary line of the herein described tract of land;!
tract of with
land, S19 ° 19'45'E fora distance of 873.19 feet to a point betng•the northeast (
corner of a 46.182 acre tract of land quitclaimed to:Wind Terrace Joint
Records, by instrument recorded in ointbeingalsothe southeast 9 Page
cor corner of the-herein ern j
described
tract of land;
• • I , •
land, with the c boundary said TgrracelJalnt'V.ntur. t
of land and the herein described tract of land, 573'24'40W forge distance of
1081.78 feet to a point In the west boundary line of said 95.41!acre tract of •.
land, the east boundary line of a tract of land•as conveyed to Doyle;Hlckerson •
and wife, Evelyn Nickerson by Instrument recorded to Volume 526 Page : 50 of
said Official Records, said point being the northwest said Nlndy ,
Terrace Joint Venture tract of land and the southwest corner :of the herein ,
described tract of land;
RECORD MEMORANDUM
All or parts the text on this page was not
clearly legibi for satisfactory recordation.
land and said THENC Howe of ;land on a d.straight
oppose to fence line meanders) as described by instruments recordedin Volume
Records of 350, 118
Williamson County, I
y, T xi o1 s,NN18 °54'28'W for% ei the Offical
dtsti ceof,;2150.02
feet to a point in the south right- of- way.11ne of Mattis School Road, said
point being the northeast corner of said Hlckerson+ tract of lend, the •
northwest corner of said 95.41 acre tract of land and -the northwest corner
hereof;
THENCE with the south rlght•of -way line of GattIs School Road,
san being the north boundary line of said 95.41 acre tract of land,
N89 37'59'E for a distance of 1,125.70 feet to the POINT OF BEGINNING hereof
and containing 49.111 acres of land.
RRCOADE111®10VANDV1
All or puss of the Ian aGl papna
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STATEOFIEIW OOUNTYOFWIWAUSON • ' • - �'
.JbuebytmIC'IhatRibIabolusj alFµEO 1
on the date and al the ems shaped bates' ._.{.. ;. kg _ ..N :19, _.
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CD 1
COUNTY CLERK
WILLIAIISOH COUNTY, TUA3 -
by me. sad Ras dO RELOADED te the Volum
and Pate of the aimed RECORDS of WBOasml
Cavity. Tan es shaped hmeoo by m. on .
EXHIBIT "D"
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EXACT ALIGNMENT `
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TRACT TWO
59.79
ACRES
Doc# 9926263
# Pages: 20
Date : 04-22 -1999
Time : 03:43:54 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 47.00
TEXAS
WRIIAMSON
Th
RECORDED in is is to certif that ttdi dement ep FILED set
1Y:tlemeo Ca *g. Tam en the date and time
stomped thereon
0
CITY OF ROUND ROOK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK. TEXAS 78664
ORDINANCE NO. - q .. 0 3 - a5 902
02
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO RE -ZONE
67.8070 ACRES OF LAND OUT OF THE ASA THOMAS SURVEY,
ABSTRACT 609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS
PLANNED UNIT DEVELOPMENT (PUD) NO. 3 7.
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" as Planned Unit
Development (PUD) No. 37, 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 17th day of
February, 1999, 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 PUD No.37, and
WHEREAS, on the llth day of March, 1999, after proper
notification, the City Council held a public hearing on the
requested amendment, and
a: \Taxi \ SWIMS \HICCOnn.37 /cdc
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.37 meets the following goals and objectives:
(1) The development in PUD No. 37 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 37 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 37 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. 37 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. 37 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 Planned Unit Development
(PUD) No. 37, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 37
attached hereto as Exhibit "B ", which agreement shall govern the
development and use of said property.
m.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 1999.
3.
Alternative 2. r
READ and APPROVED on first reading this the ` 1 day of
1999.
C, READ, APPROVED and ADOPTED on second reading this the
5 d of
� Q`u�A ✓ 1999.
ATTEST:
LAND, City Secretary
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
4.
88/21/1997 12:31 3468568 WATSON SURVEYING
.HIBIT "A" (PARCEL 1)
WATSON SURVEYING
9501 CAPITAL OF TEXAS HWY.
SUITE 303 AUSTIN, TX 78759
346 -8566 FAX 346 -8568
The following field notes describe that portion of the Doyle Hickerson
119.997 acre tract that is,at the present date of August 20, 1997, inside
the City Limits of Round Rock, Texas:
PAGE 81
18.696 acres of land out of the Asa Thomas Survey in Williamson County, Texas
and being a portion of that tract conveyed to Doyle Hickerson by deed recorded
in Vol. 526, page 50, Williamson County Deed Records; described metes and
bounds as follows:
BEGINNING at the northwest corner of said Nickerson tract;
THENCE along the north line of said Nickerson tract, 889 ° 16'E 151.46 ft and
N89 ° 58'30 "E 1658.42 ft to northeast corner of said Nickerson tract for corner;
THENCE along the east line of said Nickerson tract, S18 ° 45'40 "E 475.38 ft
for corner;
THENCE N89 °57'42 "W 1817.09 ft to the west line of said Hickerson tract for
corner;
THENCE along the west line of said Nickerson tract, N17 ° 56'W 473.08 ft to
the place of BEGINNING, containing 18.696 acres.
Prepared from survey by James T. Watson dated May 12, 1986, of said 119.997 ac.
BY:
Stuart Watson, RPLS 4550
8/20/97
' t^IWW;1.:,. -.r ',;..!,-11 Ffr.+0 • •m, w2s'r+y?w!�i!'Y aa51.kT- d. xrs.•..,
rot. 2155rece 16 8 OXN +7siT . : '' . j
BEGINNING• at a point in the south ,r1g'ht-of- ay 11 i o .Gattis
. • ▪ • School Road (variable right -of -way width), said point be ing the forthwett
corner of a 5.00 icre tract of land as conveyed to V. LL. and J. N.. Jakub
by instrument recorded in Volume 844 Page 912 of said Official'Recards, the
northeast corner of the above referenced 95.41 acre Floy ttact.of land,
the northeast corner and POINT OF BEGINNING hereof; !• 1 1
I ;:
THENCE departing said right -of -way line, with.the colmon boundary
•line of said Jakub 6.00 acre tract of land and said Floy Ndwe 95.41 acre tract
of land, 619 ° 20'10'E for a distance of 962.72 feet—U4'& polpit' being the
southwest corner.of said 5.00 acre tract, the northwest corner Of a 1'00 acre
tract of land as conveyed to N. J. Dedear by lnstrument.recorded;in Volume 415
Page 157 of said Official Records, said point being ad.angle ?point' in the
east boundary line of the herein described tract of 'Hindi.. ' •
•. tract of lad, continuing
same the west boundary b undaryline o line of said
of said100 95:41 acre
land. S19 °19'451 for a distance of 873.19 feet to a point being•the northeast
corner of a 46.182 acre tract of land quitclaimed to Windy Terrace Joint '
Venture by instrument recorded in Volume 1902 Page 427 of said Official
Records, said point being also the southeast corner of the-herein described i •
tract of land;
• 1
land, with the the boundary Terrace: Joint tract
of land and the herein described tract of land, 573 °24'40w forl a distance of
1081.78 feet to a point in the west boundary line of said 95.41! acre tract of •.
land, the east boundary line of a tract of land conveyed to Ooyle;Hickerson
and wife, Evelyn Nickerson by Instrument recorded in Volume 526 Page50 of
said official Records, said point being the northwest.corner'of said Windy
Terrace Joint Venture tract of land and the southwest corner :of the herein ,
described tract of land; ,
•
THENCE with the coamon boundary line of said Hfckprson' tract of
land and said 95.41 acre Floy Howe tract of land on a. straight course (as
opposed to fence line meanders) as described by instruments recorded in Volume
15 Page 350, Volume 118 Page 123, Volume 431:Page 290,011 of the Official
Records of Williamson County, Texas, N18 °54'2B'W for. aldistance of,; 2150.02
feet to a point In the south right- of- way,line of Gattis School Road, said
point being the northeast corner of said Nickerson: tract of land, the
northwest corner of said 95.41 acre tract of land and,'the northwest corner
hereof;
THENCE with the south right -of -way line of Gattls School Road.
same being the north boundary line of said 95.41 acre tract of land,
N89 ° 37'59'E fora distance of 1,125.70 feet to the POINT OF BEGINNING hereof
and containing 49.111 acres of land.
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STATE OFTEIG3 CO UNTPOFR4Lt1ANSON I - moo.
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on the date sad it the Umi stamped Ilan ..._'"... ».. �. . u -'• 7, ... _ .
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COUNTY C1.016
V,ILLIAISON COUNTY, TEAS
Jo 14
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
2. CHANGES AND MODIFICATIONS
3. ZONING VIOLATION
H: \ TEXT \SEP008 \HICKPLAH.17 /cdc
EXHIBIT "B"
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR HICKERSON PUD
NO. 37
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 DOYLE
HICKERSON (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to re-
zone 67.8070 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, on February 17th, 1999, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.12 below are followed.
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
5.
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 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.
5.2 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.3 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.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.5 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.
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
6.
5.7 Duplicate Originals.
5.8 Notices.
5.9 Effective Date.
1. DEFINITIONS
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 ".
2. PROPERTY
This Development Plan ( "Plan ") covers 67.8070 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 and incorporated herein.
3. PURPOSE
This Agreement may be executed in duplicate originals
each of equal dignity.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER ROUND ROCK
Doyle Hickerson
P. O. Box 789
Round Rock, Texas 78680
II.
DEVELOPMENT PLAN
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
structures, the immediate neighboring properties or interfere
7.
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
with their development or use in accordance with any existing
zoning district.
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 in the Code.
4.2 Other Ordinances
5. PERMITTED USES
6. LOT SIZES
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
The permitted uses of the Property shall be as (I -2)
Industrial Park, except as modified in Exhibit "C ", attached
hereto and incorporated herein.
The minimum lot size shall be as modified in Exhibit "C ",
attached hereto.
7. BUILDINGS SETBACKS
Building setbacks shall be as modified in Exhibit "C ",
attached hereto.
8. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibit "C ",
attached hereto.
9. PARKING
Parking regulations shall be as modified in Exhibit "C ",
attached hereto.
10. SIGN STANDARDS
Sign Standards shall be as modified in Exhibit "C ", attached
hereto.
11. Utilities
Except where approved in writing by the Director of Public
Works, all electrical, telephone and cablevision distribution
and service lines, other than overhead lines three -phase or
larger, shall be placed underground.
8.
12. CHANGES TO AGREEMENT AND DEVELOPMENT PLAIN]
12.1 Minor Changes
14. BINDING EFFECT
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and the Director of Public Works.
12.2 Manor Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
12.3 Changes in Writing
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
13. GENERAL PLAN AMENDED
The Round Rock General Plan is hereby amended to reflect the
provisions of this agreement.
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
9.
By:
CITY OF UND ROCK
f
Charles Cul
Date: 3-5-99
CKERSON
ate 1)-
Mayor
Exhibit B
Lienholder's Consent
1. DEVELOPMENT AREAS
1.1 TRACT ONE
Tract One, consisting of approximately eight (8)
acres, is the area identified as Tract One in
Exhibit "D ".
2. PERMITTED USES:
e: \TEXT \SEPO W \HICI@XH.37 /mc
1.2 TRACT TWO
Tract Two, consisting of approximately fifty -eight
(58) acres, is the area identified as Tract Two in
Exhibit "D ".
2.1 TRACT ONE
EXHIBIT C
DEVELOPMENT STANDARDS
2.1.1 Business Park uses, including, but not
limited to, office, office /warehouse,
research & development, technical
schools, light manufacturing and assembly
conducted wholly within a building.
2.1.2 Business Park Secondary uses, including,
but not limited to, caretaker's
residence, the sale of goods produced or
assembled on site, day care for employee
services related to the site.
2.1.3 Local Commercial services, as defined in
the Code, including, but not limited to,
pharmacies, dry cleaning pick -up
services, shoe repair services, beauty
and barber shops, convenience stores,
fitness studios, tailor shops, and other
local commercial services which serve the
neighborhood. All property developed as
Local Commercial uses as described above
shall conform to C -2 - Local Commercial
zoning development standards.
10.
2.2 TRACT TWO
2.2.1 Business Park uses, including, but not
limited to, office, office /warehouse,
research & development, technical
schools, light manufacturing and assembly
conducted wholly within a building.
2.2.2 Business Park Secondary uses, including,
but not limited to, caretaker's
residence, the sale of goods produced or
assembled on site, day care for employee
services related to the site.
3. PROHIBITED USES: The following uses are prohibited:
automotive and machinery repair, including oil change
facilities, automotive and machinery painting, automotive
rental and sales, automotive washes, wrecking yards,
sexually oriented businesses, transmission and
communication towers, trucking terminals, truck repair,
bulk distribution centers, mini - warehouses, flea markets,
portable building sales, amusement parks or carnivals,
campgrounds, recreational vehicle parks, outdoor shooting
ranges, and kennels, video arcades, taverns and bars,
billiard parlors, tattoo parlors and donation centers.
4. OUTDOOR STORAGE (BUSINESS PARK USE ONLY): Any outdoor
storage of materials or equipment and loading docks shall
require a visual screen from abutting properties or city
streets. All screening shall be approved by the Director of
Planning prior to building permit approval.
5. INTERPRETATION OF USE: Interpretation of uses not clearly
permitted or prohibited shall be made in writing by the
Director of Planning. A copy of interpretations shall be
provided to the Owner and the City Building Inspector.
6. BUSINESS PARK DEVELOPMENT STANDARDS
6.1 DENSITY: Minimum lot size one (1) acre.
6.1.1 Business Park Use Setbacks shall be as
follows:
Front Setback - Fifty (50') feet
11.
7. SIGN REGULATIONS:
Side Setback, Internal - Twenty -five
(25') feet
Side Setback, Street - Fifty (50') feet
Rear Setback - Twenty -five (25') feet.
6.2 BUILDING HEIGHT REQUIREMENTS
6.2.1 Business Park Use maximum height shall be
three (3) stories, or forty -five (45)
feet.
7.1 All freestanding signs shall be monument signs.
7.2 Freestanding signs shall not exceed six feet in
height.
7.3 Freestanding signs shall not restrict visibility
for traffic entering or leaving the site.
7.4 One freestanding sign shall be permitted for lots
of less than three acres in size. The maximum area
of the sign, defined as the area contained within a
polygon containing the actual lettering and any
logo, shall be fifty square feet. Portions of the
masonry structure on which the sign is located are
not counted as part of the fifty square feet
provided they are not contained within the polygon.
7.5 Additional freestanding monument signs shall be
permitted for lots of three acres or larger in
accordance with the regulations contained in the
Code.
7.6 Directional signs solely for the purpose of
directing traffic or identifying buildings and
facilities shall be permitted provided they are
restricted to a size required for their function as
determined by the Director of Planning.
8. LANDSCAPING & BUFFERING:
8.1 A landscaped berm shall be provided in all front
yard areas, or, for any parcel abutting Gattis
12.
School Road. The landscaped berm shall be installed
in accordance with the following design standards:
8.1.1 The berm shall be a minimum height of
three feet with a maximum slope of three
feet and a minimum slope of six to one
and a top no narrower than five feet. The
berm shall be landscaped to provide a
complete visual screen of any parking,
loading or storage areas. A site plan
shall be approved by the Director of
Planning prior to the issuance of any
building permit. The Director of Planning
shall review the landscaping, elevations
and abutting uses to ensure that the
required visual screen will be provided.
Trees shall be planted one tree for every
thirty feet of street frontage to allow
cluster planting.
8.2 Trees shall be planted in all street yards, in
accordance with the Code. Said trees shall have a
minimum caliper of two inches and a minimum height
of six feet for softwoods and eight feet for
hardwoods at time of planting. Trees shall consist
of a mix of hardwoods and softwoods to provide for
both rapidly growing and slower growing species.
8.3 A minimum of one hundred (100 %) percent of required
front yards and side street yards shall be
landscaped, excluding driveways.
8.4 Irrigation shall be provided in all landscape and
buffer areas to insure maintenance of landscaped
areas. Should landscaping or trees die in the
future, the property owner will be required to
replant in accordance with the approved plan.
9. PARKING & LOADING REOUIREMENTS:
9.1 Parking and loading shall be provided in accordance
with the current standards set forth in the Code.
9.2 No parking or loading shall be permitted in any
required front yard or street side yard.
13.
10. LIGHTING STANDARDS:
All development within the Property shall be restricted to
the following standards:
10.1 Maximum light pole height shall be thirty (30')
feet.
10.2 All exterior lighting shall be hooded or shielded
to direct light down. Lighting levels at adjacent
property boundaries shall not exceed lighting
levels typical for standard residential street
lighting.
11. SCREENING REQUIREMENTS FOR DUMPSTERS AND MECHANICAL
EOUIPMENT
11.1 All dumpsters and mechanical equipment shall be
screened by either vegetative screening or solid
fencing so that they are not visible either from
the street or from single family development.
12. FENCING OR SCREENING BETWEEN RESIDENTIAL AND NON-
RESIDENTIAL USES
A solid fence shall be required along the property line of
abutting residential uses. Fence panels shall be
constructed of redwood, cedar, preservative pressure
treated wood, masonry, or stone. Fence posts shall be
constructed of rust resistant metal parts, concrete based
masonry or concrete pillars of sound structural integrity.
14.
'1fJJl1 IIIIIIIIIIIII1
EXHIBIT "D"
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TRACT TWO
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59.79
YC RES
ARTERIAL "B"
E%ACTALIGNMENT
TO BE DETERMIN
BY FINAL SITE PLAN
Date: March 19, 1999
Subject: City Council Meeting - March 25,1999
Item: 9.C.2. Consider an ordinance rezoning 67.807 acres of land from
SF -2 (Single Family- Standard Lot) to PUD (PIanned
Unit Development) No. 37 (Hickerson Tract). (Second
Reading) On February 17,1999, the Planning and Zoning
Commission recommended adoption of original PUD
zoning on this tract of land. The first reading of the
ordinance was approved on March 11, 1999. Applicant:
Doyle Hickerson. Staff Resource Person: Joe Vining,
Planning Director.
s
Hickerson Tract
Rezone 67.807 Acres from SF -2 to PUD
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