Z-00-12-14-12D1 - 12/14/2000 (2)THE 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 attached is a true and correct copy of Ordinance No. Z- 00 -12-
14-12D1 which was approved and adopted by the Round Rock City Council of the City
of Round Rock, Texas, at a meeting held on the 14th day of December 2000, as recorded
in the minutes of the City of Round Rock in Book 44.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 12th
day of January 2001.
2001003876 25 F^ QS
NNE LAND, Assistant City Manager/
City Secretary
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 ZONE 19.77 ACRES OF LAND
OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT 347, IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT
DEVELOPMENT (PUD) NO. 45.
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. 45, 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 30th day of October,
2000, 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. 45, and
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ORDINANCE NO. 2-00- Q 1
WHEREAS, on the 21st day of November, 2000, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council determines that the zoning provided
for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211,
Sub - Chapter A., Texas Local Government Code, and Section 11.300,
Code of Ordinances (1995 Edition), City of Round Rock, Texas
concerning public notices, hearings, and other procedural matters
has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 45 meets the following goals and objectives:
(1) The development in PUD No. 45 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 45 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 45 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.
2.
(4) P.U.D. No. 45 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. 45 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.
H.
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. 45, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 45
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.
3.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2000.
Alternative 2.
` READ and APPROVED on first reading this the Ql 5 day of
W1 , 2000.
READ, APPROVED and ADOPTED on second reading this the
1 - - d a y of bajill&A..../, 2000.
LAND, City Secretary
ROB " A. STLUKA, JRU Mayor
City of Round Rock, Texas
4.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT AND DEVELOPMENT PLAN
FOR WESTON
PLANNED UNIT DEVELOPMENT NO. 45
THIS AGREEMENT and Development Plan is made and entered into 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 LaTrelle Berkman
Peterson, Individually and as Independent Executor of the Estate of J. Lawrence Berkman, deceased,
and as Independent Executor of the Estate of LaTrelle Thompson Berkman, deceased, Ralph R.
Peterson, Kristin Clair Peterson and John Russell Peterson, (hereinafter referred to as the "Owner",
whether one or more).
WHEREAS, the Owner has submitted a request to the City to zone approximately 19.768
acres of land as a Planned Unit Development ( "PUD "), said property 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 Plan is contained
in Section II of this Agreement; and
WHEREAS, on October 30, 2000, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD.
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of
the covenants and conditions set forth herein, the City and the Owner agree as follows:
1. Conformity with Development Plan
I.
GENERAL PROVISIONS
All uses and development within the property shall generally conform to the Development
Plan set forth in Section II herein.
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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, 7.1 and 7.2 below are
followed.
3. Zoning Violation
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
The lienholder of record, if any, 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 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.
5.3 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.
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2.
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.
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.
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:
all parties.
5.4 At plicable Law.
This Agreement shall be construed under and in accordance with the laws of the State
5.6 No Third Party Beneficiaries.
5.7 Duplicate Original *.
This Agreement may be executed in duplicate original, each of equal dignity.
5.8 Notices.
OWNER CITY OF ROUND ROCK
c/o Weston Companies 221 East Main Street
9020 -1I Capital of Texas Highway Round Rock, Texas 78664
Suite 500 Attn: Director of Planning
Austin, Texas 78759
5.9 Effective Date.
This Agreement shall be effective from and after the date of due execution hereof by
5.10 Appeals 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.
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3.
5.11 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns.
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 approximately 19.768 acres of land, located within
the city limits of Round Rock, Texas, and more particularly described in Exhibit "A," attached
hereto.
3. Purpose
I1.
DEVELOPMENT PLAN
The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") development 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 serviced 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 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.
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4.
4.2 Other Ordinances.
All other Ordinances within the Code shall apply to the Property, except as clearly
modified by this Plan.
5. Permitted Uses.
The Property shall be used and developed for the uses set forth in Exhibit "C," attached
hereto and incorporated herein.
6. Building Setbacks and Other Site Regulations.
Building setbacks and other site regulations shall be as permitted in the C -1 General
Commercial District as modified in Exhibit "C" attached hereto.
7. Changes to Agreement and Development Plan.
7.1 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 Attomey.
7.2 Major Changes.
Major changes shall be resubmitted following the same procedure required by the
original PUD application.
8. General Plan Amended.
The Round Rock General Plan 2000 is hereby amended to reflect the provisions of this
Agreement and Development Plan.
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5.
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CITY OF ROUND ROCK, TEXAS
Bv:
Date: M - OD
OWNER
LaTrelle Berkman Peterson, Individually and as Independent
Executor of the Estate of J. Lawrence Berkman, deceased, and
as Independent Executor of the Estate of LaTrelle Thompson
Berkman, deceased
Ralph . Peterson
1,p,,_
Kristin ClaitPeterson
John Russell Peterson
6.
19.771 ACRES
SAMUEL JENKINS SURVEY
WESTON COMPANIES
EXHIBIT A
FN. NO. 00- 255(MJJ)
AUGUST 13, 2000
BPI JOB NO. 1028 -01.92
DESCRIPTION
OF A 19.771 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 315.43 ACRE TRACT OF LAND CONVEYED TO
LATRELLE BERKMAN PETERSON, ET. AL. BY DEED OF RECORD IN VOLUME
2452, PAGE 709 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 19.771 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found in the westerly line of
County Road 122 (R.O.W. varies), being the southeasterly corner
of Lot 2 Highland Terrace, an unrecorded subdivision comprising
of 2.50 acres of land as conveyed to Robert M. Carlin, et. ux.
by deed of record in .Volume 1747, Page 414 of said Official
Records and the easternmost northeasterly corner of said 315.43
acre tract;
THENCE, along the westerly line of County Road 122, being the
easterly line hereof, the following four (4) courses and
distances: -
1) S00 ° 57'07 "E, a distance of 701.41 feet to a 1/2 inch iron
rod found;
2) S88 ° 47'33 "W, a distance of 24.46 feet to a 1/2 inch iron
rod found;
3) S00 ° 29'14 "E, a distance of 309.87 feet to a 1/2 inch _iron
rod with cap set;
4) S45 ° 00'50 "W, a distance of 56.05 feet to a 1/2 inch iron
rod found in the northerly line of Gattis School Road
(R.O.W. varies), for the southeasterly corner hereof;
THENCE, leaving the westerly line of County Road 122, along the
northerly line of Gattis School Road, being the southerly line
hereof, the following four (4) courses and distances:
1) N86 ° 51'38 "W, a distance of 206.76 feet to a 1/2 inch iron
rod found;
2) N81 ° 59'28 "W, a distance of 216.12 feet to a 1/2 inch iron
rod found;
3) N79 ° 27'27 "W, a distance of 338.38 feet to a 1/2 inch iron
rod with cap set;
4) N85 ° 44'37 "W, a distance of 49.17 feet to a 1/2 inch iron
rod with cap set, being the southeasterly corner of that
certain 175.66 acre tract of land called "Tract 1" conveyed
to Bon Terre -B, Ltd. by deed of record in Document No.
199961932 of the Official Public Records of said Williamson
County, Texas and the southwesterly corner hereof;
Fit 00 -255 (MJJ)
...AUGUST 13, 2000
- PAGE 2 OF 2
THENCE, N00 ° 25'45 "W, leaving the northerly line of Gattis School
Road, along a portion of the easterly line of said "Tract 1 ",
being the westerly line hereof, a distance of 941.85 feet to a
1/2 inch iron rod found being the southwesterly corner of Lot 1
of said Highland Terrace, comprising of 2.48 acres of land as
conveyed to Jack R. Campbell (no recording information found),
for the northwesterly corner hereof;
THENCE, N89 ° 50'00 "E, along the southerly line of said 2.48 acre
tract and said 2.50 acre tract, being the northerly line hereof,
a distance of 859.03 feet to the POINT OF BEGINNING, containing
an area of 19.771 acres (861,240 sq. ft.) of land, more or less,
within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A LAND TITLE SURVEY WAS PREPARED TO ACCOMPANY THIS
FIELDNOTE DESCRIPTION.
BURY & PARTNERS, INC. , 4 0 �F ^/3 ^00
ENGINEERS - SURVEYORS MARK J. , R.P.L.S.
3345 BEE CAVES ROAD, SUITE 200 NO. 526
AUSTIN, TEXAS 7874 STATE OF TEXAS
EXHIBIT B
There are no existing lien holders on the Property.
1. Permitted and Prohibited Uses.
All uses generally permitted in a C -1 General Commercial District are permitted on the
Property, except for those described in the following sentence. The following uses are prohibited
on the Property: mini- warehouses, flea markets, sexually oriented businesses (as defined in the
Code), amusement parks or carnivals, portable building sales (except as incidental to other retail
sales and further provided that such sales occur from the interior of a building or enclosed outdoor
sales area), recreational vehicle parks, wholesale nurseries, outdoor shooting ranges, pawn shops,
heavy equipment sales or rentals, kennels (but not prohibiting pet shops and veterinary clinics with
ovemight facilities), vehicle sales, truck stops, automotive repairs (except that oil service and tire
sales and service stores are permitted), towing companies, automotive sales (including boats,
recreational vehicles and trailers), motels and hotels. Notwithstanding the foregoing, tire sales and
service stores shall not be permitted except on pad sites.
2. Outdoor Sales, Storage and Displays.
Outdoor sales, storage and displays are permitted in conjunction with the use of a building
only under canopies or overhangs for that building or in areas designated on the site plan filed with
the City for such building; provided any such areas designated on a site plan shall be located adjacent
to the anchor store on the Property and shall not exceed 5,040 square feet in the aggregate. Outdoor
sales may include (but shall not be limited to) outdoor cafes and outdoor dining areas (including
outdoor seating for a food court) that: (i) are located and operated as an integral part of the principal
use, and (ii) do not comprise a separate business use or a separate business activity. Parking
requirements contained in the Code will apply to all outdoor cafes and dining areas in the same
manner that such requirements apply to enclosed buildings.
3. Building Materials.
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EXHIBIT C
The exterior of all buildings on the Property shall consist of 100% masonry (except for
glass/metal store fronts, roofs, overhangs, canopies and similar features). The term "masonry" as
used herein shall include brick, stone, E.I.F.S. (Exterior Insulation Finish System), stucco, concrete
block and tilt wall; provided, however, no more than 50% of any such building may be constructed
of stucco or E.I.F.S. Notwithstanding the foregoing, the back wall of any building (except the
anchor building) within 120' of any residential lot shall be a split face concrete block.
In that the development is considered a unified project, the Owner intends to construct each
building on the Property with compatible building materials.
The following materials are prohibited on the exterior walls of all buildings and structures
(this section does not apply to roofs):
7.
4. Signs.
Sheet, corrugated, and unfinished Aluminum
Asbestos
Galvanized Steel
Mirrored Glass (reflectivity of 20% or more)
a. One multi - tenant integrated shopping center sign shall be permitted on the Property (along
Gattis School Road), which sign shall be constructed with brick or masonry structure and otherwise
substantially in accordance with the drawing shown in Exhibit "D" and shall not exceed twenty feet
(20') in height. The sign shall not contain more than 160 square feet (no more than 80 square feet
on either side) of tenant identification sign area. Each pad site on the Property (including any service
station) shall be permitted to have a monument sign not to exceed six feet (6') in height. Except as
provided herein, signage shall comply with applicable City of Round Rock ordinances.
b. No signs shall be permitted on the rear walls of any building within 120' of any residential
lot; provided, however, small directional and shop identification signs placed no higher than 8 -feet
on the wall shall be permitted.
5. Service and Loading Areas.
a. Screening Required- No dock high loading area is permitted unless such area is
visually screened from public view.
b. Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a
closed building or within a screened portion of the site.
c. Service Areas: Service areas shall be screened from adjacent tracts and all public
rights -of -way. Methods of screening include fencing, evergreen landscaping and
depressed service areas.
d. Loading Areas: All loading and service areas must be clearly signed. Loading spaces
must be clearly denoted on the pavement and designed so as to not prohibit on -site
vehicular circulation when occupied. Loading spaces will be located directly in front
of a loading door. Loading areas must be designed to accommodate backing and
maneuvering on -site, not from a public street. No loading doors for any building
used for other than grocery store use may be located closer than fifty feet (50')to any
exterior boundary line of the Property. No loading doors for buildings used for
grocery store sales may be located within one hundred twenty feet (120') of the
northern exterior boundary line of the Property.
e. Trash Storage: Refuse storage enclosures are required for all buildings. Enclosures
must be of sufficient height to screen all refuse containers completely and must be
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8.
f. Street Level Mechanical Equipment: All ground- mounted service equipment (e.g.,
air conditioners, transformers, trash collection equipment) related to each building
will be screened from adjacent tracts and public rights -of -way. Methods of screening
include evergreen landscaping and depressed service areas. Service areas must be
paved, curbed, and internally drained.
g.
6. Exterior Lighting.
7. Landscaping.
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provided with gates, so as to provide screening of views from adjacent lots and
public rights -of -way. All enclosures must be constructed of permanent materials
(concrete, masonry, wood, steel, etc.) which are compatible with the building it
serves. Refuse storage areas must be designed to contain all refuse generated on -site
between collections. No trash enclosure may be located within fifty feet (50') of any
exterior boundary line of the Property. Further, no trash enclosure used by the
grocery store may be located within one hundred twenty feet (120') of any exterior
boundary line of the Property.
Roof and Wall Mounted Mechanical Equipment: All roof and wall mounted
mechanical elements must be reasonably screened from view by the public.
Screening must be compatible with the building design. If roof decks with
mechanical units are visible from any occupiable level of adjacent buildings or
adjacent right -of -way, the mechanical units must be screened and painted to match
the finished roof material.
a. Minimal Spillover. All lighting on the rear of any building within 120' of any
residential lot shall be wall mounted fixtures no more than twelve feet (12') in height.
Such fixtures can be swivel type fixture and shall be directed so as to not allow direct
light to spill over the exterior boundary line of the Property to the residential lots.
b. Parking Lot Fixtures. Light standards will be metal poles no more than twenty -five
feet (25') in height (including the base) with metal halide horizontal shielded lamp
fixtures and sharp cut off edges.
c. Site Plan. The site plan submittal for the Property will include lighting specifications
and a photometric plan in accordance with this Plan.
a. Existing Trees: Existing large mature trees will be retained to the extent required by
the Code.
b. Tree Protection: All trees within an approved building site which are required to be
preserved in accordance with the Code must be flagged and encircled with protective
9.
fencing. The proposed site plans will indicate trees to remain and those to be
removed. The fencing must extend beyond the full spread on the tree's branches to
reasonably ensure successful protection. Existing trees in parking areas will be saved
in groups and as specimens whenever practicable.
c. Onen Space: All areas not containing buildings, structures, parking lots, sidewalks,
fountains, site furniture or other improvements, including, but not limited to, front,
side and rear building set back areas, and all areas between the curb line and the
property line, must be planted, landscaped, and maintained in good condition. The
landscape planting design must provide for easy maintenance. Utility easements will
be landscaped consistent with other landscape areas where allowed by the respective
utility company.
d. Rights of Way: Areas within the road right -of -way may be landscaped only in
accordance with a license agreement with the City.
e. Grass: All landscaped areas not in groundcover or shrub beds will be planted in
grasses. Overseeding in fall with cool season native grasses is allowed. The use of
edging material to separate all grass areas from shrub and ground cover areas is
required. Use of narrow paving "mowstrips" are allowed around building
foundations for easy maintenance.
f. Irrigation: An underground, automatic irrigation system must be installed in all
landscaped areas. Sprinkler heads must be located to effectively water the landscaped
areas with minimal spray onto roadways, parking areas and walk -ways.
g. Screening of Parking: Screening may be accomplished with landscaping or berms.
Berms may not exceed a 3:1 pitch. The landscaping will include shrubbery, native
vegetation and trees sufficient to provide screening of parking areas. Shrubbery must
be maintained to a minimum height of 3 feet.
h. Parking Areas: In all vehicular use areas and parking areas, a minimum of 90 square
feet for each 9 parking spaces must be devoted to landscaped strips, islands,
peninsulas, medians, or other landscaped areas. No parking space shall be located
further than fifty (50') feet from a parking island.
Landscape Buffer. There will be a twenty -five foot (25') landscape buffer on the
boundary line of the Property fronting on Gattis School Road and County Road 122,
a sixty foot (60') landscape buffer on the north boundary line of the Property and a
fifteen foot (15') landscape buffer on the western boundary line of the Property. A
detention pond, utilities and driveways that cross the landscape buffer may be located
within the landscape buffers.
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10.
j. New Trees. All new trees placed on the Property will be specimen trees of at least
three (3) caliper inches on the exterior boundary lines of the Property and at least two
(2) caliper inches elsewhere on the Property. Further, Owner shall install prior to
issuance of the first certificate of occupancy for an in -line building on the Property,
three (3) caliper inch live oak trees (or another tree acceptable to the city) along (i)
the northern exterior boundary of the Property spaced on thirty foot (30') centers and
(ii) along the western exterior boundary of the Property spaced on twenty-five foot
(25') centers.
k. Detention Pond. The detention pond to be located on the Property shall be designed
as an earthen grass lined pond with masonry side walls or earthen grass sloped walls
landscaped with continuous shrubbery.
8. Utility Lines.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
9. Height.
Building heights on the Property shall not exceed forty -five feet (45'). Out lot building
heights shall not exceed twenty-five (25') feet.
10. Traffic.
a. Prior to issuance of the first certificate of occupancy for the Property, Owner shall
make those traffic improvements described in subparts 1.a and b of the Summary and
Recommendations section of that certain Traffic Impact Analysis for the Shops at
Forest Creek dated July 19, 2000, prepared by WHM Transportation Engineering
Consultants, Inc. (the "TIA ") , said section attached hereto as Exhibit "F ". The entire
TIA is filed with the City Secretary. Such improvements entail only changing or
adding markings to the existing paved surface.
b. In connection with the final plat of the Property, Owner shall dedicate additional
right -of -way along County Road 122 so that the width of the right -of -way from the
existing center line of such right -of -way to the boundary line of the Property
is approximately fifty feet (50').
c. Prior to issuance of the first certificate of occupancy for any building taking access
from County Road 122 to the Property, Owner shall cause the construction of
sufficient pavement in the right -of -way of County Road 122 from a point
approximately one hundred sixty-five feet (165') north of the northern edge of
Driveway F to a point approximately one hundred seventy-two feet (172') south of
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11.
11. Fence.
d. The number of driveways permitted on the Property shall be as shown on the TIA,
and the location of such driveways shall be as approximately shown on the TIA.
e. Notwithstanding anything to the contrary contained in the TIA:
12. Building Set Back.
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the southern edge of Driveway E, and will mark that pavement and modify the
existing pavement of County Road 122, to provide a continuous left turn lane
between Driveways E and F, as shown on the attached Exhibit E. Owner shall have
no obligation to construct curbs, gutters, or utilities within or along such additional
paving.
(i) The throat of Driveway F (i.e., the distance from the right -of -way of County
Road 122 to the first internal drive intersecting Driveway F) shall be at least
seventy feet (70').
(ii) Driveway C and D shall permit only right in and right out turn movements as
generally shown on Exhibit "E ".
(iii) Internal driveways intersecting Driveway `B" and "E" shall be as generally
shown on Exhibit "E ".
Prior to issuance of the first certificate of occupancy for the Property, there shall be
constructed, and thereafter properly maintained, an eight foot (8') wood fence with a wood rain cap
(and posts which include a concrete base) along the northem and westem exterior boundary lines of
the Property, with the finished side of the fence facing out from the Property.
No building shall be located within sixty -five feet (65') of the northem or westem boundary
lines of the Property.
12.
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RECORDERS MEMORANDUM
All or pans of the text on this page was not
clearly legible for satisfactory recordation.
Red Aud Rd. ((1 y Road #14£)
(R.0.W. VARIES)
•
EXHIBIT F
SUMMARY AND RECOMMENDATIONS
• The preceding analyses have illustrated the effects of site generated and forecasted
traffic demand upon the street and roadway network adjacent to and in the vicinity of
the project site. Generated traffic volumes were developed assuming completion of the
development during 2001. Based on analysis of existing and projected conditions and in
order to provide the safest and most effective movement into and out of the site, the
following recommendations were developed.
1. Unsignalized operations at the intersection of Red Bud Road /CR 122 and Gattis
School Road under site plus forecasted conditions result in an overall LOS D or
worse. Current traffic volumes warrant a traffic signal at this location. Therefore,
for forecasted conditions, the intersection of Red Bud Road /CR 122 and Gattis
School Road was assumed to be signalized. The AM and PM peak overall
intersection LOS is B under forecasted (without site) traffic conditions. For site plus
forecasted traffic conditions, the LOS is B and D for the AM and PM peaks,
respectively. Recommended improvements to this intersection include the
following modifications as shown in Figure 4:
a. Provision of a westbound left turn lane
b. Addition of pavement markings on the northbound approach to provide a left
turn lane and a through /right shared lane
2. Driveways A and C operate at an acceptable level of service under site plus
forecasted traffic conditions. These driveways should be constructed with a 30 -foot
cross section to provide right in /out operation. Left turn maneuvers should not be
allowed to or from the driveways due to their proximity to channelized left turn
lanes at High Country Boulevard and CR 122.
3. Driveways B, D, H and F operate at an acceptable level of service under site plus
forecasted traffic conditions. These driveways should be constructed as 36 -foot
sections with two outbound lanes.
4. Consideration should be given to modification of existing pavement markings on
Gattis School Road to provide a continuous left turn lane between High Country
Boulevard and CR 122
WHM Transportation Engineering Consultants, Inc 26
OCT 2 4 2000
CITY OF ROUND ROCK
PLANNING DEPARTMENT
Weston
Design, inc.
austin texas
Proposed Development
Site Plan
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FILED RED RECORDED
OFFICIAL PUBLIC RECORDS
Z
01- 17- 200f02:18 PM 2001003876
ANDERSON $57.00
NANCY E. RISTER }COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
@.lease, ruizuviv - t°:
1 3J CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
WHEREAS, an application has been made to 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. 45, 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 30th day of October,
2000, 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. 45, and
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 ZONE 19.77 ACRES OF LAND
OUT OF THE SAMUEL JENKINS SURVEY, ABSTRACT 347, IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT
DEVELOPMENT (PUD) NO. 45.
, R:\ NPDOCS \ORD \ D0 11 21C2.WPD /CdC
ORDINANCE NO. 7-00 1 , - - 1 1 - / - 1
WHEREAS, on the 21st day of November, 2000, after proper
notification, the City Council held a public hearing on the
requested amendment, and
WHEREAS, the City Council determines that the zoning provided
for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211,
Sub - Chapter A., Texas Local Government Code, and Section 11.300,
Code of Ordinances (1995 Edition), City of Round Rock, Texas
concerning public notices, hearings, and other procedural matters
has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
That the City Council has hereby determined the Planned Unit
Development (PUD) No. 45 meets the following goals and objectives:
(1) The development in PUD No. 45 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 45 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 45 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.
2.
(4) P.U.D. No. 45 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. 45 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.
H.
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. 45, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 45
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.
3.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2000.
Alternative 2.
READ and APPROVED on first reading this the (WI day of
2000.
/'�I READ, APPROVED and ADOPTED on second reading this the
1 -1 d of paLtYLLA..../, 2000.
LAND, City Secretary
ROB " A. STLUKA, JR(./ Mayor
City of Round Rock, Texas
4.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT AND DEVELOPMENT PLAN
FOR WESTON
PLANNED UNIT DEVELOPMENT NO. 45
THIS AGREEMENT and Development Plan is made and entered into 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 LaTrelle Berkman
Peterson, Individually and as Independent Executor of the Estate of J. Lawrence Berkman, deceased,
and as Independent Executor of the Estate of LaTrelle Thompson Berkman, deceased, Ralph R.
Peterson, Kristin Clair Peterson and John Russell Peterson, (hereinafter referred to as the "Owner ",
whether one or more).
WHEREAS, the Owner has submitted a request to the City to zone approximately 19.768
acres of land as a Planned Unit Development ( "PUD "), said property 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 Plan is contained
in Section II of this Agreement; and
WHEREAS, on October 30, 2000, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD.
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of
the covenants and conditions set forth herein, the City and the Owner agree as follows:
1. Conformity with Development Plan
I.
GENERAL PROVISIONS
All uses and development within the property shall generally conform to the Development
Plan set forth in Section II herein.
GA TEXT EPUDS\ W ESTON5. W PD
1368 -2
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, 7.1 and 7.2 below are
followed.
3. Zoning Violation
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
The lienholder of record, if any, 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 Severahility.
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.
5.3 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.
G: \TEXT\SEPUDS\ W ESTON 5. W PD
1368 -2
2.
5.4 Applicable Law.
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.
all parties.
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 (and their respective successors and assigns), any rights,
benefits or remedies under or by reason of this Agreement.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate original, each of equal dignity.
5.8 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:
5.9 Effective Date.
5.10 Appeals 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.
G: \TEXT\S EPUDS\ W ESTON5. W PD
1368 -2
This Agreement shall be construed under and in accordance with the laws of the State
OWNER CITY OF ROUND ROCK
c/o Weston Companies 221 East Main Street
9020 -II Capital of Texas Highway Round Rock, Texas 78664
Suite 500 Attn: Director of Planning
Austin, Texas 78759
This Agreement shall be effective from and after the date of due execution hereof by
3.
5.11 Binding Effect.
This Agreement and the Development Plan binds and benefits the Owner and its
successors and assigns.
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 approximately 19.768 acres of land, located within
the city limits of Round Rock, Texas, and more particularly described in Exhibit "A," attached
hereto.
3. Purpose
The purpose of this Plan is to insure a Planned Unit Development ( "PUD ") development 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 serviced 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 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.
G: \TEXT\SEPUDS \WESTON5. WPD
1368 -2
II.
DEVELOPMENT PLAN
4.
4.2 Other Ordinances.
All other Ordinances within the Code shall apply to the Property, except as clearly
modified by this Plan.
5. Permitted Uses.
The Property shall be used and developed for the uses set forth in Exhibit "C," attached
hereto and incorporated herein.
6. Building Setbacks and Other Site Regulations.
Building setbacks and other site regulations shall be as permitted in the C -1 General
Commercial District as modified in Exhibit "C" attached hereto.
7. Changes to Agreement and Development Plan.
7.1 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.
7.2 Major Changes.
Major changes shall be resubmitted following the same procedure required by the
original PUD application.
8. General Plan Amended.
The Round Rock General Plan 2000 is hereby amended to reflect the provisions of this
Agreement and Development Plan.
G: \TEXI SEPUD S\ W ES TON5. W PD
1368 -2
5.
G: \TEXT\SEPUDS\W ESTON5. W PD
1368 -2
CITY OF ROUND ROCK, TEXAS
By: 1
.• " A.57 LJI , 4 72., May.
City of Round Rock, Texas
Date: ��� �?' 00
OWNER
LaTrelle Berkman Peterson, Individually and as Independent
Executor of the Estate of J. Lawrence Berkman, deceased, and
as Independent Executor of the Estate of LaTrelle Thompson
Berkman, deceased
Ralph It. Peterson
i Lemma L. e 1A1A
Kristin Claireeterson
7
John Russell Peterson
6.
19.771 ACRES
SAMUEL JENKINS SURVEY
WESTON COMPANIES
FN. NO. 00- 255(MJJ)
AUGUST 13, 2000
BPI JOB NO. 1028 -01.92
DESCRIPTION
OF A 19.771 ACRE TRACT OF LAND OUT OF THE SAMUEL JENKINS SURVEY,
ABSTRACT NO. 347, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN 315.43 ACRE TRACT OF LAND CONVEYED TO
LATRELLE BERKMAN PETERSON, ET. AL. BY DEED OF RECORD IN VOLUME
2452, PAGE 709 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY,
TEXAS; SAID 19.771 ACRES BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found in the westerly line of
County Road 122 (R.O.W. varies), being the southeasterly corner
of Lot 2 Highland Terrace, an unrecorded subdivision comprising
of 2.50 acres of land as conveyed to Robert M. Carlin, et. ux.
by deed of record in .Volume 1747, Page 414 of said Official
Records and the easternmost northeasterly corner of said 315.43
acre tract;
THENCE, along the westerly line of County Road 122, being the
easterly line hereof, the following four (4) courses and
distances:
1) S00 ° 57'07 "E, a distance of 701.41 feet to a 1/2 inch iron
rod found;
2) S88 ° 47'33 "W, a distance of 24.46 feet to a 1/2 inch iron
rod found;
3) S00 ° 29'14 "E, a distance of 309.87 feet to a 1/2 inch iron
rod with cap set;
4) S45 ° 00'50 "W, a distance of 56.05 feet to a 1/2 inch iron
rod found in the northerly line of Gattis School Road
(R.O.W. varies), for the southeasterly corner hereof;
THENCE, leaving the westerly line of County Road 122, along the
northerly line of Gattis School Road, being the southerly line
hereof, the following four (4) courses and distances:
1) N86 ° 51'38 "W, a distance of 206.76 feet to a 1/2 inch iron
rod found;
2) N81 ° 59'28 "W, a distance of 216.12 feet to a 1/2 inch iron
rod found;
3) N79 ° 27'27 "W, a distance of 338.38 feet to a 1/2 inch iron
rod with cap set;
4) N85 ° 44'37 "W, a distance of 49.17 feet to a 1/2 inch iron
rod with cap set, being the southeasterly corner of that
certain 175.66 acre tract of land called "Tract 1" conveyed
to Bon Terre -B, Ltd. by deed of record in Document No.
199961932 of the Official Public Records of said Williamson
County, Texas and the southwesterly corner hereof;
EXHIBIT A
FN 00- 255(MJJ)
AUGUST 13, 2000
PAGE 2 OF 2
THENCE, N00 ° 25'45 "W, leaving the northerly line of Gattis School
Road, along a portion of the easterly line of said "Tract 1 ",
being the westerly line hereof, a distance of 941.85 feet to a
1/2 inch iron rod found being the southwesterly corner of Lot 1
of said Highland Terrace, comprising of 2.48 acres of land as
conveyed to Jack R. Campbell (no recording information found),
for the northwesterly corner hereof;
THENCE, N89 ° 50'00 "E, along the southerly line of said 2.48 acre
tract and said 2.50 acre tract, being the northerly line hereof,
a distance of 859.03 feet to the POINT OF BEGINNING, containing
an area of 19.771 acres (861,240 sq. ft.) of land, more or less,
within these metes and bounds.
I, MARK J. JEZISEK, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED
BY A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND
SUPERVISION. A LAND TITLE SURVEY WAS PREPARED TO ACCOMPANY THIS
FIELDNOTE DESCRIPTION.
BURY & PARTNERS, INC. 1
ENGINEERS - SURVEYORS MARK J.
3345 BEE CAVES ROAD, SUITE 200 NO. 526
AUSTIN, TEXAS 78746 STATE OF TEXAS
i-/3-00
R.P.L.S.
EXIIIBIT B
There are no existing lien holders on the Property.
1. Permitted and Prohibited Uses.
2. Outdoor Sales, Storage and Displays.
3. Building Materials.
G: \TEXT\SEPU DS\ W ESTONS. W PD
1368-2
EXHIBIT C
All uses generally permitted in a C -1 General Commercial District are permitted on the
Property, except for those described in the following sentence. The following uses are prohibited
on the Property: mini - warehouses, flea markets, sexually oriented businesses (as defined in the
Code), amusement parks or carnivals, portable building sales (except as incidental to other retail
sales and further provided that such sales occur from the interior of a building or enclosed outdoor
sales area), recreational vehicle parks, wholesale nurseries, outdoor shooting ranges, pawn shops,
heavy equipment sales or rentals, kennels (but not prohibiting pet shops and veterinary clinics with
overnight facilities), vehicle sales, truck stops, automotive repairs (except that oil service and tire
sales and service stores are permitted), towing companies, automotive sales (including boats,
recreational vehicles and trailers), motels and hotels. Notwithstanding the foregoing, tire sales and
service stores shall not be permitted except on pad sites.
Outdoor sales, storage and displays are permitted in conjunction with the use of a building
only under canopies or overhangs for that building or in areas designated on the site plan filed with
the City for such building; provided any such areas designated on a site plan shall be located adjacent
to the anchor store on the Property and shall not exceed 5,040 square feet in the aggregate. Outdoor
sales may include (but shall not be limited to) outdoor cafes and outdoor dining areas (including
outdoor seating for a food court) that: (i) are located and operated as an integral part of the principal
use, and (ii) do not comprise a separate business use or a separate business activity. Parking
requirements contained in the Code will apply to all outdoor cafes and dining areas in the same
manner that such requirements apply to enclosed buildings.
The exterior of all buildings on the Property shall consist of 100% masonry (except for
glass /metal store fronts, roofs, overhangs, canopies and similar features). The term "masonry" as
used herein shall include brick, stone, E.I.F.S. (Exterior Insulation Finish System), stucco, concrete
block and tilt wall; provided, however, no more than 50% of any such building may be constructed
of stucco or E.I.F.S. Notwithstanding the foregoing, the back wall of any building (except the
anchor building) within 120' of any residential lot shall be a split face concrete block.
In that the development is considered a unified project, the Owner intends to construct each
building on the Property with compatible building materials.
The following materials are prohibited on the exterior walls of all buildings and structures
(this section does not apply to roofs):
7.
4. Signs.
Sheet, corrugated, and unfinished Aluminum
Asbestos
Galvanized Steel
Mirrored Glass (reflectivity of 20% or more)
a. One multi -tenant integrated shopping center sign shall be permitted on the Property (along
Gattis School Road), which sign shall be constructed with brick or masonry structure and otherwise
substantially in accordance with the drawing shown in Exhibit "D" and shall not exceed twenty feet
(20') in height. The sign shall not contain more than 160 square feet (no more than 80 square feet
on either side) of tenant identification sign area Each pad site on the Property (including any service
station) shall be permitted to have a monument sign not to exceed six feet (6') in height. Except as
provided herein, signage shall comply with applicable City of Round Rock ordinances.
b. No signs shall be permitted on the rear walls of any building within 120' of any residential
lot; provided, however, small directional and shop identification signs placed no higher than 8 -feet
on the wall shall be permitted.
5. Service and Loading Areas.
a. Screening Reauired: No dock high loading area is permitted unless such area is
visually screened from public view.
b. Delivery Vehicles: All delivery and utility vehicles stored on -site must be inside a
closed building or within a screened portion of the site.
c. Service Areas: Service areas shall be screened from adjacent tracts and all public
rights -of -way. Methods of screening include fencing, evergreen landscaping and
depressed service areas.
d. Loading Areas: All loading and service areas must be clearly signed. Loading spaces
must be clearly denoted on the pavement and designed so as to not prohibit on -site
vehicular circulation when occupied. Loading spaces will be located directly in front
of a loading door. Loading areas must be designed to accommodate backing and
maneuvering on -site, not from a public street. No loading doors for any building
used for other than grocery store use may be located closer than fifty feet (50')to any
exterior boundary line of the Property. No loading doors for buildings used for
grocery store sales may be located within one hundred twenty feet (120') of the
northern exterior boundary line of the Property.
e. Trash Storage: Refuse storage enclosures are required for all buildings. Enclosures
must be of sufficient height to screen all refuse containers completely and must be
G:1TEXT SEPUDSIWESTON5.WPD
1368 -2
8.
provided with gates, so as to provide screening of views from adjacent lots and
public rights -of -way. All enclosures must be constructed of permanent materials
(concrete, masonry, wood, steel, etc.) which are compatible with the building it
serves. Refuse storage areas must be designed to contain all refuse generated on -site
between collections. No trash enclosure may be located within fifty feet (50') of any
exterior boundary line of the Property. Further, no trash enclosure used by the
grocery store may be located within one hundred twenty feet (120') of any exterior
boundary line of the Property.
f. Street Level Mechanical Equipment: All ground - mounted service equipment (e.g.,
air conditioners, transformers, trash collection equipment) related to each building
will be screened from adjacent tracts and public rights -of -way. Methods of screening
include evergreen landscaping and depressed service areas. Service areas must be
paved, curbed, and internally drained.
g.
6. Exterior Lighting.
7. Landscaping.
G: \TEXT\SEPUDS\WESTON5. WPD
1368 -2
Roof and Wall Mounted Mechanical Equipment: All roof and wall mounted
mechanical elements must be reasonably screened from view by the public.
Screening must be compatible with the building design. If roof decks with
mechanical units are visible from any occupiable level of adjacent buildings or
adjacent right -of -way, the mechanical units must be screened and painted to match
the finished roof material.
a. Minimal Spillover. All lighting on the rear of any building within 120' of any
residential lot shall be wall mounted fixtures no more than twelve feet (12') in height.
Such fixtures can be swivel type fixture and shall be directed so as to not allow direct
light to spill over the exterior boundary line of the Property to the residential lots.
b. Parking Lot Fixtures. Light standards will be metal poles no more than twenty -five
feet (25') in height (including the base) with metal halide horizontal shielded lamp
fixtures and sharp cut off edges.
c. Site Plan. The site plan submittal for the Property will include lighting specifications
and a photometric plan in accordance with this Plan.
a. Existing Trees: Existing large mature trees will be retained to the extent required by
the Code.
b. Tree Protection: All trees within an approved building site which are required to be
preserved m accordance with the Code must be flagged and encircled with protective
9.
fencing. The proposed site plans will indicate trees to remain and those to be
removed. The fencing must extend beyond the full spread on the tree's branches to
reasonably ensure successful protection. Existing trees in parking areas will be saved
in groups and as specimens whenever practicable.
c. Open Space: All areas not containing buildings, structures, parking lots, sidewalks,
fountains, site furniture or other improvements, including, but not limited to, front,
side and rear building set back areas, and all areas between the curb line and the
property line, must be planted, landscaped, and maintained in good condition. The
landscape planting design must provide for easy maintenance. Utility easements will
be landscaped consistent with other landscape areas where allowed by the respective
utility company.
d. Rights of Way: Areas within the road right -of -way may be landscaped only in
accordance with a license agreement with the City.
e. Grass: All landscaped areas not in groundcover or shrub beds will be planted in
grasses. Overseeding in fall with cool season native grasses is allowed. The use of
edging material to separate all grass areas from shrub and ground cover areas is
required. Use of narrow paving "mowstrips" are allowed around building
foundations for easy maintenance.
f. Irrigation: An underground, automatic irrigation system must be installed in all
landscaped areas. Sprinlder heads must be located to effectively water the landscaped
areas with minimal spray onto roadways, parking areas and walk -ways.
g. Screening of Parking: Screening may be accomplished with landscaping or berms.
Berms may not exceed a 3:1 pitch. The landscaping will include shrubbery, native
vegetation and trees sufficient to provide screening of parking areas. Shrubbery must
be maintained to a minimum height of 3 feet.
h. Parking Areas: In all vehicular use areas and parking areas, a minimum of 90 square
feet for each 9 parking spaces must be devoted to landscaped strips, islands,
peninsulas, medians, or other landscaped areas. No parking space shall be located
further than fifty (50') feet from a parking island.
Landscape Buffer. There will be a twenty-five foot (25') landscape buffer on the
boundary line of the Property fronting on Gattis School Road and County Road 122,
a sixty foot (60') landscape buffer on the north boundary line of the Property and a
fifteen foot (15') landscape buffer on the western boundary line of the Property. A
detention pond, utilities and driveways that cross the landscape buffer may be located
within the landscape buffers.
G: \TEx1'SEPUDS\ WESTON5. W PD
1368 -2
10.
J•
k. Detention Pond. The detention pond to be located on the Property shall be designed
as an earthen grass lined pond with masonry side walls or earthen grass sloped walls
landscaped with continuous shrubbery.
8. Utility Lines.
New Trees. All new trees placed on the Property will be specimen trees of at least
three (3) caliper inches on the exterior boundary lines of the Property and at least two
(2) caliper inches elsewhere on the Property. Further, Owner shall install prior to
issuance of the first certificate of occupancy for an in -line building on the Property,
three (3) caliper inch live oak trees (or another tree acceptable to the city) along (i)
the northem exterior boundary of the Property spaced on thirty foot (30') centers and
(ii) along the western exterior boundary of the Property spaced on twenty -five foot
(25) centers.
All utility service lines must be underground to connection points provided by the utility
service provider. All transformers must be screened.
9. Height.
Building heights on the Property shall not exceed forty -five feet (45'). Out lot building
heights shall not exceed twenty-five (25') feet.
10. Traffic.
a. Prior to issuance of the first certificate of occupancy for the Property, Owner shall
make those traffic improvements described in subparts 1.a and b of the Summary and
Recommendations section of that certain Traffic Impact Analysis for the Shops at
Forest Creek dated July 19, 2000, prepared by WHM Transportation Engineering
Consultants, Inc. (the "TIA ") , said section attached hereto as Exhibit "F ". The entire
TIA is filed with the City Secretary. Such improvements entail only changing or
adding markings to the existing paved surface.
b. In connection with the final plat of the Property, Owner shall dedicate additional
right -of -way along County Road 122 so that the width of the right -of -way from the
existing center line of such right -of -way to the boundary line of the Property
is approximately fifty feet (50').
c. Prior to issuance of the first certificate of occupancy for any building taking access
from County Road 122 to the Property, Owner shall cause the construction of
sufficient pavement in the right -of -way of County Road 122 from a point
approximately one hundred sixty-five feet (165') north of the northern edge of
Driveway F to a point approximately one hundred seventy-two feet (172') south of
G: \TEXT\SEPUDS \W ESTON5.WPD
1368 -2
11.
11. Fence.
d. The number of driveways permitted on the Property shall be as shown on the TIA,
and the location of such driveways shall be as approximately shown on the TIA.
e. Notwithstanding anything to the contrary contained in the TIA:
12. Building Set Back.
G:ITEXTISEPUDSI WESTONS. WPD
1368 -2
the southern edge of Driveway E, and will mark that pavement and modify the
existing pavement of County Road 122, to provide a continuous left turn lane
between Driveways E and F, as shown on the attached Exhibit E. Owner shall have
no obligation to construct curbs, gutters, or utilities within or along such additional
paving.
(i) The throat of Driveway F (i.e., the distance from the right -of -way of County
Road 122 to the first internal drive intersecting Driveway F) shall be at least
seventy feet (70').
(ii) Driveway C and D shall permit only right in and right out turn movements as
generally shown on Exhibit "E ".
(iii) Internal driveways intersecting Driveway "B" and "E" shall be as generally
shown on Exhibit "E ".
Prior to issuance of the first certificate of occupancy for the Property, there shall be
constructed, and thereafter properly maintained, an eight foot (8') wood fence with a wood rain cap
(and posts which include a concrete base) along the northern and western exterior boundary lines of
the Property, with the finished side of the fence facing out from the Property.
No building shall be located within sixty-five feet (65') of the northern or westem boundary
lines of the Property.
12.
BRICK PYLON SIGN
SCALE v4 = r -o• EXHIBIT 'D'
Retail 'B'
18 ;411 s.f.
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— 1 0.80 Aaresi I
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1.44 Acres
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V
EXHIBIT F
SUMMARYAND RECOMMENDATIONS
The preceding analyses have illustrated the effects of site generated and forecasted
traffic demand upon the street and roadway network adjacent to and in the vicinity of
the project site. Generated traffic volumes were developed assuming completion of the
development during 2001 Based on analysis of existing and projected conditions and in
order to provide the safest and most effective movement into and out of the site, the
following recommendations were developed.
1. Unsignalized operations at the intersection of Red Bud Road /CR 122 and Gattis
School Road under site plus forecasted conditions result in an overall LOS D or
worse. Current traffic volumes warrant a traffic signal at this location. Therefore,
for forecasted conditions, the intersection of Red Bud Road /CR 122 and Gattis
School Road was assumed to be signalized. The AM and PM peak overall
intersection LOS is B under forecasted (without site) traffic conditions. For site plus
forecasted traffic conditions, the LOS is B and D for the AM and PM peaks,
respectively. Recommended improvements to this intersection include the
following modifications as shown in Figure 4:
a. Provision of a westbound left turn lane
b. Addition of pavement marldngs on the northbound approach to provide a left
turn lane and a through /right shared lane
2. Driveways A and C operate at an acceptable level of service under site plus
forecasted traffic conditions. These driveways should be constructed with a 30 -foot
cross section to provide right in /out operation. Left turn maneuvers should not be
allowed to or from the driveways due to their proximity to channelized left turn
lanes at High Country Boulevard and CR 122.
3. Driveways B, D, E and P operate at an acceptable level of service under site plus
forecasted traffic conditions. These driveways should be constructed as 36 -foot
sections with two outbound lanes.
4. Consideration should be given to modification of existing pavement markings on
Gattis School Road to provide a continuous left turn lane between High Country
Boulevard and CR 122
WIIM Transportation Engineering Consultants, Inc. 26
OCT 2 4 2000
CITY OF ROUND ROCK
PLANNING DEPARTMENT
Weston
Design, inc.
austin texas
Proposed Development
Site Plan
GTS5001110!p77
MUM M0U'. O10M
N pR TH
rl
SCALE. 1 =
OAR REINED: 10/77/00
OBFCTORC P:VI11E- 1Et\CTOM \99107
ROME MEMI.PLUINC
DATE: December 8, 2000
SUBJECT: City Council Meeting — December 14, 2000
ITEM: 12.D.1. Consider an ordinance adopting original zoning of District Planned
Unit Development (PUD) No. 45 on 19.77 acres of land out of the
Samuel Jenkins Survey, A -347, Round Rock, Williamson County,
Texas (Weston PUD No. 45) (Second Reading) The proposed land use
complies with the adopted General Plan. On October 30, 2000, the
Planning and Zoning Commission recommended adoption of original
zoning of Planned Unit Development (PUD) for this tract of land. First
reading was held November 21, 2000. Applicant: Brad Smith, Weston
Design, Inc.
Resource: Joe Vining, Planning Director
Amelia Sondgeroth, Principal Planner
History: With the exception of the SF -1 strip, which was annexed in January 1987, this
property is currently outside the City and is seeking annexation and original
PUD zoning.
Funding: N/A
Cost:
Source of Funds:
Outside resources: This is a private development project under the management of Weston
Design, Inc.
Impact: A traffic impact analysis (TIA) was required on this property. Transportation
improvements based on its impact are included in Exhibits C, E, and F. The
PUD will not have an undue adverse affect upon adjacent property.
Benefit: The PUD agreement provides for design and traffic standards, which are
superior to development standards that would occur under the city's current
ordinance requirements.
Public Comment: Comments were received from the adjacent owners to the north and west
as well as from the President of the Forest Ridge HOA.
Sponsor: Planning and Community Development
Mayor
Robert A. Stiehl. Jr.
Mayor Pro-tem
8ur[M. Hairston
Council Members
Tom Nielson
Carrie Pitt
Earl Palmer
Isabel Callahan
Jumpy Joseph
CRY Mangy
Robert L Bennett, Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
April 30, 2001
Mr. LaTrelle Berkman Peterson
C/O Weston Companies
9020-11 Capital of Texas Highway
Suite 500
Austin, TX 78759
Dear Mr. Peterson:
The Round Rock City Council approved Ordinance No. Z- 00- 12- 14 -12D1 at their
regularly scheduled meeting on December 14, 2000. This ordinance approves the zoning
for PUD NO. 45.
Enclosed is a copy of the ordinance and original development plan for your files. If you
have any questions, please do not hesitate to contact Joe Vining at 218 -5428.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosure
Fax: 512- 218 -7097
1-800-735-2989 TDD 1- 800 -735 -2988 Voice
www.ci.roond- tuck.tx.ua
221 East Main Strew
Round Rock Texas 78664
512 - 218 -5400
Mayor
Alan McGraw
Mayor Pro-Tem
Joe Clifford
Councilmembers
Rufus Honeycutt
George White
Carlos T. Salinas
John Moman
Kris Whitfield
City Manager
James R. Nuse, P.E.
City Attorney
Stephan L. Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
January 19, 2010
Dinesh B. Patel, President
Falcon Hospitality, Inc.
DBA Country Inn & Suites
1560 N. IH -35
Round Rock, TX 78691
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII AMEN
7 PGS
Owen & Mignon K. Reischman
MKR Ltd.
9501 Capital of Texas Highway
Suite 102
Austin, TX 78759
RE: Administrative Amendment to PUD No. 43 (Amendment No. 2)
Dear Mr. Patel, Mr. Reischman and Ms. Reischman:
Further to your request for administrative modifications of Planned Unit
Development (PUD) No. 43 (MKR Subdivision), the following changes
shall be approved according to the provisions of Section 8.1 of the PUD:
• Exhibit "C" of the PUD is hereby amended to include:
9. Monument Sign
In addition to any signs permitted by Section 3.1400 of the
Code, one (1) Monument Sign shall be permitted. This
Monument Sign shall comply with the standards contained
in Section 3.1400 with the following exceptions and
specifications:
a. Maximum sign area of 24 square feet
b. Maximum height of 6 feet.
c. Base shall be constructed of masonry material the
same or similar to the color and texture of the buildings
located within the Plan area.
d. Sign may be designed to accommodate copy for
more than one business within the Property.
CFIY ROUND ROCK PLANNING AND COMMUNITY DEVELOPMENT, 301 W. Bagdad • Round Rock, Texas78664
Phone 512.218.5428 • Fax 512.218.3286 • www.roundrocktexas.gov
2010008306
1
Sincerely,
e. Sign shall be located on Lot 1 of the MKR
Subdivision, as shown on Exhibit "A ".
f. No part of the sign shall encroach into any abutting
public utility easement (PUE).
The above changes are considered minor, as described in Section 8.1 of
the PUD. They are therefore hereby approved administratively.
Stendebach, AICP
Director of Planning
Daniel Halden, P.E.
City Engineer
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Charles a
City Attorney
BEFORE ME, the undersigned authority, on this day personally appeared
Tim Stendebach, known to me to be the person whose name is subscribed
to the foregoing instrument as the Director of Planning of the City of
Round Rock, Texas, a municipal corporation, and he acknowledged to me
that he executed the same for the purposes and considerations therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the2.- day
ogiitt_, 2010. y�
tot n..yo,c,„ , Ift1NOLttLAA_.) -
OAJULD
` ,\fi b i4 "1/4 y y y Notary Public Signature
. _ State of Texas ogumnoto
2
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared
Daniel Halden, known to me to be the person whose name is subscribed
to the foregoing instrument as the City Engineer of the City of Round
Rock, Texas, a municipal corporation, and he acknowledged to me that he
executed the same for the purposes and considerations therein expressed,
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the a I ed a y
of 5 ,adidzay., 2010.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
BEFORE ME, the undersigned authority, on this day personally appeared
Charles Crossfield, known to me to be the person whose name is
subscribed to the foregoing instrument as City Attorney of the City of
Round Rock, Texas, a municipal corporation, and he acknowledged to me
that he executed the same for the purposes and considerations therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL
of 2010.
\� V lJl St
• '•. 9 04 `5 .:• 3
Aic
Notary Public /• ature
State of Texas
OF OFFICE, this then day
Notary Public Signature
State of Texas
3
AGREED TO BY OWNERS:
Falcon Hospitality, Inc.
DBA Country Inn C. S 'tes
By: _��.
Dinesh B. Patel
President
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, on this day personally
appeared, Dinesh B. Patel, of Falcon Hospitality, Inc., known to me to be
the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
considerations therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the C day
ofl 2010.
SHILPANAIR
Notary Public, State of Texas
My Commission Expben
MARCH 12, 2012
Notary PTlic Signature
State of Texas
4
By: tXltn 1 !� 4eGfw'^^ y
Owen A. Reischman
Owner
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, on this day personally
appeared, Owen Reischman, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and considerations therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the rid D day
of f 2010.
K..m. �
Notary Public Signat re
State of Texas
By:
Mignon K. Reischman
Owner
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
Notary Public Signature
State of Texas
-!yVN N. BOYO
- -: arnlssian Expires
Adsy 03, 2078
BEFORE ME, the undersigned authority, on this day personally
appeared, Mignon K. Reischman, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considerations therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the oZn.Q day
ofd nm,,± ,2010.
.5
MKR, Ltd.
By:
Owen A. Reischman
Owner
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, on this day personally
appeared, Owen Reischman, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and considerations therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /4k_ day
of F_____ , 2010.
Mignon K. Reichman
Owner
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
Sta
Notary Public Signature
State of Texas
By: , t vsy
BEFORE ME, the undersigned authority, on this day personally
appeared, Mignon K. Reischman, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considerations therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the r2a. day
of FcbYOw... , 2010.
Notary Public Signature
KATHRYN N. BOYD
My Commission Expires
May 03, 2013
6
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation.
Exhibit "A"
PUD 43 - Amendment No. 2
CITY OF ROUND ROCK-
ADMINISTRATION 221 EAST !RAM STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2 @1@@ @83 06
02/09/2010 01:49 PM
SURRATT $40.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS