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Z-00-12-14-12D2 - 12/14/2000and K\ W PDDCS W RDINANC\000725A1 W PD/cdc ORDINANCE NO. 2_ 00-1a -1 1aD1i AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 7.27 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT 130 AND THE WILEY HARRIS SURVEY, ABSTRACT 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT C -1 (GENERAL COMMERCIAL) AND DISTRICT I -1 (GENERAL INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 43. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to to rezone 7.27 acres of land out of the David Curry Survey, Abstract No. 130, and the Wiley Harris Survey, Abstract No. 298, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, from District C -1 (General Commercial) and District I -1 (General Industrial) to Planned Unit Development (PUD) District No. 43, 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 5 of July, 2000, following lawful publication of the notice of said public hearing, 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 property described in Exhibit "A" be zoned as Planned Unit Development (PUD) District No. 43, and WHEREAS, on the 25th day of July, 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. 43 meets the following goals and objectives: (1) The development in PUD No. 43 is equal to or superior to development that would occur under the standard ordinance requirements. 2. (2) P.U.D. No. 43 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 43 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. 43 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. 43 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A ", attached hereto and incorporated herein shall be, and is hereafter designated as District Planned Unit Development (PUD) No. 43, and that the Mayor is hereby authorized and directed to enter into the Amended Agreement and Development Plan for PUD No. 43 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. 3. 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 , 2000. Alternative 2. , 2000. READ, APPROVED �and ADOPTED on second reading this the I4 d QL ay of l l .. .. n v, 2000. AT ST: '1 READ and APPROVED on first reading this the a 5 — day of atrIAW Ala./ JO .0 E LAND, City Secretary A.4,I1A RO •T A. STLUKA, Mayor City of Round Rock, Texas 4. AGREEMENT AND DEVELOPMENT PLAN FOR MKR SUBDIVISION PLANNED UNIT DEVELOPMENT NO. 43 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 7864 (hereinafter referred to as the "City") and Owen A. Reischman (hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to rezone approximately 7.27 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 July 5, 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: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN All uses and development within the property shall generally conform to the Development Plan set forth in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II, 7.1 and 7.2 below are followed. G: \TEXIISEPUDS\CHISOL— % \PUDAGR— I. W PD/cdc 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT That the lienholder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. A lienholder consent is attached hereto and incorporated herein as Exhibit "B ". 5. MISCELLANEOUS PROVISIONS 5.1 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. 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 (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: Owner CITY OF ROUND ROCK Owen A. Reischman City of Round Rock, Texas Attorney at Law 221 East Main Street 9501 N. Capital of Tx Hwy Round Rock, Texas 78664 Suite 202 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 all parties. 5.10 Appeals of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing 90 days following receipt by the Owner of the written confirmation of the decision. 5.11 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1. DEFINITIONS II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY This Development Plan ( "Plan") covers approximately 7.27 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 ") that 1) is equal to or superior to development that would occur under the standard ordinances requirements, 2) is in harmony with the General Plan as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances. 4.2 Other Ordinances. 5. PERMITTED USES 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. All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. The Property shall be used and developed for the uses set forth in Exhibit "C ", attached hereto and incorporated herein. 6. BUILDING SETBACKS Building setbacks for all tracts shall be as modified in Exhibit "C", attached hereto, as applicable to each parcel and its designated use. 7. FLOOD PLAIN Development in the flood plain shall be in accordance with all city. state and federal regulations. Ultimate 100 year storm shall not inundate to a depth greater than eight inches (8 ") in the parking lot. 8. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 8.1 Minor Changes. Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director or Planning and Community Development, and the City Attorney. 8.2 Major Changes. Major changes shall be resubmitted following the same procedure required by the original PUD application. 9. GENERAL PLAN AMENDED The Round Rock General Plan 2000 is hereby amended to reflect the provisions of this Agreement and Development Plan. ROUND Z v at A 'r of Round Rock, exas OCK, TEXAS Date: J - 00 AA-144 /I 0 WEN A. ]2EISC�HM AN Date: ,(/GCa+. ' - / ,' / 2-049' 4 L � A FIELD NOTES Reischman / February 22, 20001 lab# 0052 All that certain tract or parcel of land situated in Williamson County, Texas, out of the David Curry Survey, Abstract No. 130, and the Wiley Harris Survey, Abstract No. 298 and being a part of that Tract 1 as conveyed to Chisolm Trail Joint Venture by General Warranty Deed dated March 6, 1986 and recorded in Volume 1322, Page 207 of the Official Records of Williamson County and described by metes and bounds as follows: BEGINNING at an iron pin set in the West R -O-W line of Interstate Highway No. 35 For the most Easterly Southeast comer of said Chisolm Trail Joint Venture tract and this tract, being the Northeast comer of Harbison Subdivision, a subdivision recorded in Cabinet P, Slide 101 of the Williamson County Plat Records; THENCE. N 84° 20' 05" W 200.52 feet to an iron pin found for the Northwest confer of said Harbison Subdivision and being an inside angle point of said Chisolm Trail Joint Venture tract and this tract; THENCE: 5 11° 32' 10" E 105.48 feet to an iron pin in the West line of said Harbison Subdivision, for the most Easterly Northeast comer of Patel Subdivision, a subdivision recorded in Cabinet D, Slide 209 of said plat records, being the most Southerly Southeast comer of said Chisolm Trail Joint Venture tract and this tract: THENCE. S 68° 56' 30" W 33.13 feet to an iron pin found for and inside ell comer of said Petal Subdivision, being the most Southerly Southwest comer of said Chisolm Trail Joint Venture tract and this; THENCE: N 19 20' 53" W 129.41 feet to an iron pin found Fora Northeast comer of said Patel Subdivision and being an inside angle point of said Chisolm Trail Joint Venture tract and this tract; THENCE: S 83° 52' 23" W 16073 feet to an iron pin found and S 83° 25' 25" W 13.59 feet to an iron pin found for an inside comer of said Patel Subdivision, being the Southeast of said Chisolm Trail Joim Venture tract and this tract; THENCE: N 20° 33' 50" W 39750 feet to an iron pin set in the South line of Anchor Two, a subdivision recorded in Cabinet P, Slide 122 of said plat records, for the most Northerly Northeast comer of said Patel Subdivision, for an outside ell comer of said Chisolm Trail Joint Venture tract and this tract; THENCE: N 69° 50' 05" E 135.12 feet to an iron pin found for the Southeast corner of said Anchor Two, being an inside ell corner of said Chisolm Trail Joint Venture net and this tract; THENCE: N 21° 06' 14" W 314.79 feet to an iron pin set in the East line of said Anchor Two and N 21° 29' 51" W 195.00 feet to an iron pin set in the East line of Anchor One, a subdivision recorded in Cabinet P, Slide 120 of said plat records being in the West line of said Chisolm Trail Joint Venture tract For the most Northerly comer of this tract; THENCE: S 60° 33' 02" E 567.50 feet across said Chisolm Trail Joint Venture tract, to an iron pin set in the West line of Interstate Highway No. 35 and the East line of said Chisolm Trail Joim Venture tract for the Northeast comer of this tract; THENCE: 5 11° 42' 00" E 636.00 feet with the West R-0-W line of Interstate Highway No. 35 and the East line of said Chisolm Trail Joint Venture tract to the place of Beginning and containing 7.27 acres of land. Bearing Base: Based on found monumemation on the West R -O -W line of Interstate Highway No. 35 and the East line of said Chisolm Trail Joint Venture tract (1322/207), bearing being S 11° 42' 00" E, distance of 309 47 feet measured (309.35 feet record). SWEET 000 1*00 SIM WS NIJSNIF.T EAM505 UMW M FOLLMMSN M NOT AFFECT MS MET D RM Ee4F0MMISSM 00RI Az/MT MARES ASS! "1069 E JIM! EeSEMINT OWN 2. SUMI M0STONY SEAM EAMMNF Mia14O/ SUE ▪ LSIM m weom CALL FEN MUM FEW w8ANE5. GM AMER MM OTHER MNF1YEES 201' 7 0. 01 0 00 20 0 1 7 1 45 7 0 0. 00 5 7 . MOWER. EMS E SMB00ODI PM M.MMEI MOM EGRESS MRCSS ADJACENT LAMS CN TIE MEM warl wa 00 04* MCI MPINTAMES. M LOCATWN 00 M 100 YEAR FLOM MAN AIM NO TEM ILh0WTE FLOOD PLUM AS MAN 1ER01 SASS MELO MAMAEP 001* FROMM x CSLMMANNI PEI NET MEM ARE MED MEV MN M FLOOD PLAIN DIMMER AM AS DEVELOPED MUM MOAA E MKT AM MW LONG NRM71 M ISMS PLAN MS RUM MMRYEM, DOM Alt. AM K•N10TMN MIME TIN EM EN AEM DOES NOT IN REPRESENT M SWIMMM' OR MEMO SMD !0.0050!105. EEL WM/t0)97. /MMR Me. IO� X 5 Ns MS Ara M1 TINT I ES COMM m PION ROIL NW NNW GPM. Ij COY mom Nam 0. FM w IIM20 W NMN IS!! MY ID] s MGNNu Mom a. Swim. Cam1, w IMtMO M aM um mum NmNm MeMMIG AT AM MN ET M m am m Tara Nom mar u�o no mR sur Erma. Mx 0MM NSUN20I COMNMa7 Mama NRNWlvm11 rmmlCANer P. 710Ee NM•m'00" W 100.52 201 m N AM Mx NYS KM M WOMEN MMMI WE xmlE. SAM.. MN a N ma 00112050.0060)22081020 Jam Mtge Mar AM Ma meg MINCE S Ir 30. M' ! NS.N !MI 70 N MN m I M Ymm Cm m TAM Maas Summant am me NV MIMI Mama NN CANINE G. Sue 100 N. M 2u Nam. Ma M Mr Swaav MlwST _. men tf wOM. Ma Jan Vomml Tram mN men US FM TO rai m ram MN NM MN Ell MEM oF amP TWICE SAm3V0"WM AIM Somas. calm or MN CNAMN TMN JEMIT YNmN Sumacs N.N AID 1N5NCE NIO' I29AI Fm m MOM M 00 NNSNm1Nem alma or em mlu MIIws 20 MN M 2Nn NNI 1mIE I W Pam Tam Jong 5W1NM ISMS am nee Imo: 1005x: 055• SEA "W 4471 91 m m meta IMO AA 553'00' 35 " M A.59 NV TO /OWN NINE ON AM NOME OWE El NM OIXMT oF Sam Clam Tu VON/5 12•51 ME3TN Mi. DUCE NN'03'00 "W 101.5020110 AM. M MSmmul 01 MXI0 INN • *MANES* MONO I CLMm P., Mm IM N NM ow 0mML NO M NMI C l N I11p m 1 Nat w MMIME4 MEIN El• TIERCE X Sr X'05 "! ISLE I5I m N Vmmm Ns 5MMNAm Man n sun PAWN 1.6 /MN MSRNK COMM M NM OiMMA TM NOR YINN IEMI imeT. TOM: N OW 3KW MINI M NOm WM EN1 CM m MN Mae* TO INN V SO sr IF MAO FM m M MM NNW 01M ENE UMIMNIm PE NMENIMI magma C0MR P. Sue 0.0 m SON Iu1 mom SIN I M n0E OM Or MM COMMA IINIao NNW ANT 00 M mN 201604 COMER O TNHoer. Tie. 5 N 35' or ! SS7.M PM AIm W 0*63 TESL Jam Mom Rugg 15 Cms Tam 3001iu5 rat TM XIOmn aSo MO ma Halm uea VOCE SEA! WE 00.50 FM Im2 M Warr ISMS MM m 100201215 M NA/ IN 35 MO TM ENT ammo 2026016. 7.6 A0R or am Mart Yemme lmttWMFWY O 5 m We lama al ISM MMEMINATOX sow Mar 12-0.S M SAMSUN O us E Lae Om TIM JWJam, M Yams Rua E MAAram0 200 S I7 22 00' E warm O 307.00 RN NAME 009.35 NV IMEI 1. ammimminommommoSMIrmsmarFENNOMMAnms ^ �m�mN22r .g2m sNIYmmAmrEYSMIIM m M OMEN WAN • alNEYIN.uAMmf NOW AU ref M TxOEMORU M eMm am mrm emo sm. A ma as Mame no any mamma GO do NINNY,. MEN VOWS= dm di OPEEMENT my Et NMI N EMENNIE. NEWS EOM= di ANA.IMMR1 .11471. weld EN Nam la ENRON& INN IEMMT Nam. EWA me. IEN MO NIMNIEN WEN NE MEM= imwd mina 'NT NE LavANW IN Nan if TN NT • MIEN. INN Smer W FANNmm Pm.. Nomads NieNmmE. ME • Oman M. Won* 2DJSMNMi� c rag E' .: 1 7.27 ACRES OuT'OF THE RAND CLAW! SURVEY, ABSTRACT NO.I30 MO THE WILEY BARRIS SURVEY ABSTRACT 5p, 290. WILLIAMSON COUNTY. TEXAS NOTE SURV Y DOES NOT MEET )NE C117 O ROLM Ii*RIS OR O71BR APPLICABLE SN90IWSION REOKA0X0708 INMMN•NMMORmmR•® M0TE3 PFro NS SA )E APMAM.ITVW {0 34, 7 7 7 OF M There are no lienholders of record. EXHIBIT "B" Permitted Use* Building Height Limitation Building Setbacks from IH -35 frontage road right- of -way Building Setbacks from Side Property Lines Building Setbacks from Rear Property Lines Office 60 feet 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -1 Zoning Classification Hotel* ** 60 feet 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -1 Zoning Classification Restaurant * * ** 45 feet ** 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -1 Zoning Classification General Commercial (C -1) 45 feet** 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -1 Zoning Classification EXHIBIT "C" PERMITTED USES, LIMITATIONS AND DEVELOPMENT STANDARDS The permitted uses and limitations are as follows: 1. Permitted Uses, Heights and Setbacks. Permitted uses, building height limitations, and building setbacks are detailed in the chart below: ** * ** Zoning designations noted in parentheses indicate all uses permissible under the Code for such designation as of the date of this Ordinance. Such uses may include, but are not limited to, other uses also listed in this chart. Limitations for any specific C1 use listed in this chart will control over the general C -1 listing. Decorative architectural features may exceed the stated height limitation by 15 feet. Including the following associated uses: Restaurant (including bar and liquor sales) and General Commercial (C -1). Including bar and liquor sales. The MKR Subdivision shall be limited to two driveways to IH 35 and shall comply with TXDOT requirements. Page 1 of 4 2. Prohibited Uses. 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, recreational vehicle parks, wholesale nurseries, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), and truck stops. 3. Outdoor Sales and Displays. Outdoor sales and displays are permitted in conjunction with the use of a building only in areas designated on the site plan filed with the City for such building. Outdoor sales and displays are further limited to outdoor cafes and outdoor dining areas (including outdoor seating for a food court) that: 1) are located and operated as an integral part of the principal use, and 2) 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. 4. Prohibited Building Materials The following materials are prohibited on the exterior walls of all buildings and structures (excluding roofs): Sheet Metal, corrugated, and unfinished aluminum Asbestos Galvanized steel (except as an architectural cover) Mirrored glass (reflectivity of 20% or more) E.I.F.S. (Exterior Insulation Finish Systems) are prohibited on the ground floor. 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. 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 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, stone, 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. Page 2 of 4 d. Street Level Mechanical Equipment: All ground- mounted service equipment (e.g. air conditioners, trash collection equipment) related to each building will be consolidated in an enclosed service area. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. e. Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of -way. Screening must be compatible with the building design. If roof decks with mechanical units are visible from up to 14 feet above finished first floor grade of adjacent buildings, the mechanical units must be screened and painted to match the finished roof material. f. Exicrioaighting. a. Minimal Spillover: All lighting must be installed to minimize light spillover onto adjacent properties. b. Parking Lot Fixtures: All light fixtures will be a horizontal design with sharp cutoff edges. The fixture will be a rectangular box unit or a round puck -like unit (similar to Kim Lighting's Curvilinear Cutoff series) with a minimum diameter of 17" (width) and maximum diameter of 29 ". The fixture will be made of spun aluminum or similar quality material and will have an illumination source of mercury vapor or metal halide. Fixture glass must be white or clear. Light standards will be metal poles no more than 30 feet high. g. Landscaping a. Landscaping shall be in accordance with the City of Round Rock Landscape Ordinance. b. Tree Protection: All existing trees of six (6) inch caliper or greater must be indicated on the proposed site plans. The proposed site plans will indicate trees to remain and those to be removed. 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 fencing. 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 setback 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 Page 3 of 4 utility company. Trees shall not be planted within 5 ft. of any water main, Any damage or removal of landscaping (other than grass) due to repairs or maintenance of the water or sewer lines shall be repaired or replaced by owner at owners expense. d. Grass: All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferably sod. Overseeding in fall with cold season native grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is required. The edging material will be concrete, steel, brick or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" are allowed around building foundations for easy maintenance. e. Irrigation: Automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscpaed areas with minimal spray onto roadways, parking areas and walkways. f. Screening of Parking. Parking areas must be screened visually from all roadways in accordance with the Code. Screening may be accomplished with landscaping or buildings. Shrubbery must be maintained to a minimum height of 3 feet. g. 7. Sidewalks, 8. Utility Lines. Parking Areas: In all vehicular use areas and parking areas, a minimum of 90 square feet for each 12 parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas. Sidewalks shall be constructed pursuant to the Code. Additionally, sidewalks shall be provided on the interior of the lots to connect the structures. All utility service lines must be underground within 200 feet of IH -35 right -of -way to connection points provided by the utility service provider. All transformers must be screened per TXU requirements. Overhead utilities will be allowed along the rear of these lots. Page 4 of 4 MKR SUBDIVISION Rezone C -1 and 1 -1 to PUD # 43 DATE: December 8, 2000 SUBJECT: City Council Meeting — December 14, 2000 ITEM: 12.D.2. Consider an ordinance rezoning 7.27 acres of land out of the David Curry Survey, A -130 and the Wiley Harris Survey, A -298 in Williamson County (MKR Subdivision) from District C -1 (General Commercial) and District 1-1 (General Industrial) to Planned Unit Development No. 43. (Second Reading) The proposed land use complies with the adopted General Plan. On July 5, 2000, the Planning and Zoning Commission recommended rezoning of this tract of land. The first reading was approved on July 25, 2000. The owners are now in a position to continue with their plans and have requested the second reading. Applicant: Owen A. Reischman. Resource: Joe Vining, Planning Director Amelia Sondgeroth, Principal Planner History: A public hearing was held on July 25, 2000. The first reading of the ordinance was approved on July 25 The applicants requested postponement of the second reading pending transfer of ownership. Funding: N/A Cost: Source of Funds: Outside resources: Impact: Increase in commercial development. Benefit: PUD zoning provides for higher quality standards than required by standard commercial zoning. Public Comment: Public Notice and a public hearing were held in accordance with state law. Sponsor: Planning and Community Development Noes: Mayor Pro-tem Hairston Councilwoman Pitt Councilman Palmer Councilwoman Gallahan Councilman Joseph Mayor Stluka None ACTION: The motion carried unanimously. inin Planning Director, made the staff presentation. The first reading of the ordinance was approved on July 25 The applicants requested postponement of the second reading pending transfer of ownership. The proposed land use complies with the adopted General Plan. On July 5, 2000, the Planning and Zoning Commission recommended the rezoning of this tract of land to a Planned Unit Development. The PUD agreement provides for higher quality standards than required by standard commercial zoning. Mayor Stluka read the caption of the ordinance. ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED 114 SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 7.27 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT 130 AND THE WILEY HARRIS SURVEY, ABSTRACT 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT C -1 (GENERAL COMMERCIAL) AND DISTRICT I -1 (GENERAL INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 43. 13 IIIIIIIIIINCouncilwoman Pitt moved to amend page 2 of Exhibit C, No. 4, Prohibited Building Materials, in the Development Plan to include that E.I.F.S. be prohibited from the 1s floor of buildings. Mayor Pro -tem Hairston seconded the motion. VOTE: Ayes: Councilman Nielson Mayor Pro-tem Hairston Councilwoman Pitt Councilman Pahner Councilwoman Gallahan Councilman Joseph Mayor Stluka Noes: None ACTION: The motion carried unanimously. �uncihnan Joseph moved to adopt the ordinance as amended. Councilwoman Pitt seconded the motion. VOTE: Ayes: Councilman Nielson Mayor Pro -tem Hairston Councilwoman Pitt Councilman Palmer Councilwoman Gallahan Councilman Joseph Mayor Stluka Noes: None ACTION: The motion carried unanimously. RESOLUTIONS: 14 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, CHRISTINE R. MARTINEZ, 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- 00 -12- 14-12D2 which was approved and adopted by the City Council of the City of Round Rock, Texas, at two meetings which were held on the 25th day of July, 2000, and the 14th day of December, 2000 as recorded m the minutes of the City of Round Rock in Book 43 and 44. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 11th day of January 2002. }s CHRISTINE R. MARTINEZ, City Secretary 2002003701 18 pes and K \WPDOc ORD1NANQ000727A2.WPD/cdc ORDINANCE NO. - OD- l a -1 y h2 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 7.27 ACRES OF LAND OUT OF THE DAVID CURRY SURVEY, ABSTRACT 130 AND THE WILEY HARRIS SURVEY, ABSTRACT 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS FROM DISTRICT C -1 (GENERAL COMMERCIAL) AND DISTRICT I -1 (GENERAL INDUSTRIAL) TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 43. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to to rezone 7.27 acres of land out of the David Curry Survey, Abstract No. 130, and the Wiley Harris Survey, Abstract No. 298, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, from District C -1 (General Commercial) and District I -1 (General Industrial) to Planned Unit Development (PUD) District No. 43, 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 5th of July, 2000, following lawful publication of the notice of said public hearing, 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 property described in Exhibit "A" be zoned as Planned Unit Development (PUD) District No. 43, and WHEREAS, on the 25th day of July, 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. 43 meets the following goals and objectives: (1) The development in PUD No. 43 is equal to or superior to development that would occur under the standard ordinance requirements. 2. (2) P.U.D. No. 43 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 43 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. 43 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. 43 will be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. II. That the Official Zoning Map adopted in Section 11.305(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas is hereby amended so that the zoning classification of the property described in Exhibit "A ", attached hereto and incorporated herein shall be, and is hereafter designated as District Planned Unit Development (PUD) No. 43, and that the Mayor is hereby authorized and directed to enter into the Amended Agreement and Development Plan for PUD No. 43 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. 3. 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 , 2000. Alternative 2. READ and APPROVED on first reading this the OS 'day of 2000. Syr READ, APPROVED and ADOPTED on second reading this the 1 ` day of QL , C_vl I b . n 2000. AT ST: Ilia 1 1.1 JI JO E LAND, City Secretary RO: 'T A. STLUKA, Mayor City of Round Rock, Texas 4. AGREEMENT AND DEVELOPMENT PLAN FOR MICR SUBDIVISION PLANNED UNIT DEVELOPMENT NO. 43 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 7864 (hereinafter referred to as the "City ") and Owen A. Reischman (hereinafter referred to as the "Owner "). WHEREAS, the Owner has submitted a request to the City to rezone approximately 7.27 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 July 5, 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: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN All uses and development within the property shall generally conform to the Development Plan set forth in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II, 7.1 and 7.2 below are followed. GA EX RSEPUDS \CfUSOL- IfPUDAGR- 1.WPD/cd, 3. ZONING VIOLATION The Owner understands that any person, firm, corporation or other entity violating any conditions or teens of the Development Plan shall be subject to any and all penalties for the violation of any zoning ordinance as stated in Section 1.601, Code of Ordinances (1995 Edition), City of Round Rock, Texas, as amended. 4. LIENHOLDER CONSENT That the lienholder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. A lienholder consent is attached hereto and incorporated herein as Exhibit `B ". 5. MISCELLANEOUS PROVISIONS 5.1 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. 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 (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: Owner CITY OF ROUND ROCK Owen A. Reischman City of Round Rock, Texas Attorney at Law 221 East Main Street 9501 N. Capital of Tx Hwy Round Rock, Texas 78664 Suite 202 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 all parties. 5.10 Appeals of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing 90 days following receipt by the Owner of the written confirmation of the decision. 5.11 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 1. DEFINITIONS II. DEVELOPMENT PLAN Words and terms used herein shall have their usual force and meaning, or as defined in the Code of Ordinances (1995 Edition), City of Round Rock, Texas, hereinafter referred to as "the Code ". 2. PROPERTY This Development Plan ( "Plan") covers approximately 7.27 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 ") that 1) is equal to or superior to development that would occur under the standard ordinances requirements, 2) is in harmony with the General Plan as amended, 3) does not have an undue adverse affect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not dominate, by scale or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4. APPLICABILITY OF CITY ORDINANCES 4.1 Zoning and Subdivision Ordinances. The Property shall be regulated for purposes of zoning and subdivision by this Plan. All aspects not specifically covered by this Plan shall be regulated by applicable sections of the Code. 4.2 Other Ordinances. All other Ordinances within the Code shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses set forth in Exhibit "C ", attached hereto and incorporated herein. 6. BUILDING SETBACKS Building setbacks for all tracts shall be as modified in Exhibit "C ", attached hereto, as applicable to each parcel and its designated use. 7. FLOOD PLAIN Development in the flood plain shall be in accordance with all city. state and federal regulations. Ultimate 100 year storm shall not inundate to a depth greater than eight inches (8 ") in the parking lot. 8. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 8.1 Minor Changes. Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director or Planning and Community Development, and the City Attorney. 8.2 Major Changes. Major changes shall be resubmitted following the same procedure required by the original PUD application. 9. GENERAL PLAN AMENDED The Round Rock General Plan 2000 is hereby amended to reflect the provisions of this Agreement and Development Plan. By: Date: OWEN A. REISCHMAN Date: aa ,, 2. FIELD NOTES Reischman / February 22, 2000 / Jobe 0052 All that certain tract or parcel of land situated in Williamson County, Texas, out of the David Curry Survey, Abstract No. 130, and the Wiley Harris Survey, Abstract No. 298 and being a part of that Tract 1 as conveyed to Chisolm Trail Joint Venture by General Warranty Deed dated March 6, 1986 and recorded in Volume 1322, Page 207 of the Official Records of Williamson County and described by metes and bounds as follows: BEGINNING at an iron pin set in the West R -O -W line of Interstate Highway No. 35 for the most Easterly Southeast corner of said Chisolm Trail Joint Venture tray and this tract, being the Northeast comer of Harbison Subdivision, a subdivision recorded in Cabinet P, Slide 101 of the Williamson County Plat Records; THENCE: 14 84° 20' 05" W 200.52 feet to an iron pin found for the Northwest comer of said Harbison Subdivision and being an inside angle point of said Chisolm Trail loud Venture tract and this tract; THENCE: S 11 32' 10" E 105.48 feet to an iron pin in the West line of said Harbison Subdivision, for the most Easterly Northeast comer of Patel Subdivision, a subdivision recorded in Cabinet D, Slide 209 of said plat records, being the most Southerly Southeast caner of said Chisolm Trail Joint Venture tract and this tract; THENCE 5 68° 56' 30" W 33.13 feet to an iron pin found for and inside ell comer of said Petal Subdivision, being the most Southerly Southwest corner of said Chisolm Trail Joint Venture tram and this; THENCE: N 19° 20' 53" W 129.41 fed to an iron pin found for Northeast comer of said Patel Subdivision and being an inside angle point of said Chisolm Trail Joint Venture tract and this tract; THENCE: S 83° 52' 23" W 160.73 fed to an iron pin found and S 83° 25' 25" W 13.59 feet to an iron pin found for an inside comer of said Patel Subdivision, being the Southeast of said Chisolm Trail Joint Venture tract and this tract; THENCE: N 20° 33' 50" W 397.50 fed to an iron pin set in the South line of Anchor Two, a subdivision recorded in Cabinet P, Slide 122 of said plat records, for the most Northerly Northeast comer of said Petal Subdivision, for an outside ell comer of said Chisolm Trail Joint Venture tract and this tract; THENCE: N 69° 50' 05" E 135.12 feet to an iron pin found for the Southeast corner of said Anchor Two, being an inside ell corner of said Chisolm Trail Joint Venture tract and this tract; THENCE: N 21° 06' 14" W 314.79 feet to an iron pin set in the East line of said Anchor Two and N 21° 29' 51" W 195.00 fed to an iron pin sd in the East line of Anchor One, a subdivision recorded in Cabinet 9, Slide 120 of said plat records being in the West line of said Chisolm Trail Joint Venture tract for the most Northerly comer of this tract; THENCE: S 60° 33' 02" E 567.50 feet across said Chisolm Trail Joint Venture tram, to an iron pin set in the West line of Interstate Highway No 35 and the East line of said Chisolm Trail Joint Venture tract for the Northeast coma of this tract; THENCE: S 11° 42' 00" E 636.00 feet with the West R-O-W line of Interstate Highway No. 35 and Inc t East line of said Chisolm Trail Joint Venture tram to the place of Beginning and containing 7.27 acres of land Bearing Base: Based on found monumentation on the West R-O-W line of Interstate Highway No. 35 arid the East line of said Chisolm Trail Joint Venture tract (1322/207), bearing being S 11° 42' OD" E, distance 0{ 309.47 feet measured (309.35 feet record). Cly :u :"G7 - be"rry: Jr.... Register • toTessienil Iand No 4835 REM R Leis 37390539 tMO1R 697107 MMUM. 00 MT MST Te AMR: B 71057 arevf IMAM AVM M AMMO 4.0.M 00181 •• E4MRE1 0A✓ IMO0rl0w% U &MOM MAW W64MMATA 5009 M 135150 1055153005115 CALM 51E00 KMAA SAWN WV MOM MIA Anal 0Nl7wm M0T r0M_VE1L A F B f Bf NR kwMET MUM 033525 IMO= AMAMI' UM M. VC MAW FOR X07.090(9 M MO 1PKT 7,501099 RECORDERS MEMORANDUM All orp iteof& tat on this page was not dearly kills for assidocr.ory recordation. 1194 AO7/ES Oa TM norm veer M me. w um MMm • euww Own. TM.. er. e Awn Cm 3.a1. name na TA w M Vwe. Men SUM. A9017 097 /PO ...UM Om WIS.. MN? MOW, NYwae le, rre arnam Mme or Mu...Mr CMMT w1 MM. M IMO MO mW M mu.< 514501M IN Nee re ror 14um Sommer m Wfsu fl 1Hn*M Amer r as TN rr. me Mr 15053 hae Inenrele A A11 T N n.n013 MHMTMI•m' • 1.013.1 =SUM M Cower P. TOM • V e t0'0S'w 0 0 0 0 70 0 1 5 79 5 0 0 5 5 09 0 11 1432 •• a.M 1.0101 AMnm w Mae AN Mm. wart. r W Mom Ten. 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Warm Meer MI Pm Mean Tun boo w54* 0Me wMe. nee •r W urt TOME: 97050M"E 550.0 nu mm re Mm MOOMew Manua Mews 05 35 m et*.5.*i m s 7.tim •wr.. "MM Tame100'1510 w.M w M. 35 am nM EEam vua m re o. .9 Tim J r �MMM .MMK MO MOM BM ▪ .1 r ar er' E Mama w w0.0 nu mem 130035 m MM. Orwc PCP PMEMPISVP...1•1•• ea.MrwrMMM. w: M.M • +C • ••••. 1 .+r�rr.G� � A . e w�r w �. w i e.iwMr.rwrMM. )0M i MOM tr TOM • LaMrcvEMUMMi Mm 0119M Tl16 703E 7 C ti�R+3'f0AlI, iF1RE 7109 MOTE. Ile Pe KM 0170 PLAN w0 M Awe Mewl[ fue0 5.410 M MOM. 1113100 MMM MAN CPI WARM= it MA 0NASMIt EA M05 Cw.CUATM57OR KT Mae 15003 SWAY Me M 51.030 PLUM MUM ML AOMMMCT MEM Lew Mee M ROOD KM OS 0 MAIL M 3351305* 979 NOT AMRI 50 0 5 0 M M A0 McMM1UM 107109 le M DTE.mr MO KM 3•30 504355M M400049 110130•31' 0 5553 meen3103 —E— BEIli116 -- .IF- p L w 5� 1 �1 E E E r G � E © 400E0EE5DI 1 1 -0 NOTE (MS 94040100.4 NOT MEFr THE CT' Of 40009 ROOM OR 000IMLIGRE 0®0VISION RESLAMA S 7.27 ACRES OUT OF Ale DAVID aARY SURVEY, ABSTRACT I40730 A70 THE HLEY HMSO SWVEY, 0.0. _ ABSTRACT HD. EW. VI WJAHSON COUNTY, TEEM. Won Dm 0w 1 ! ! OMYMMMP.OMIVIerVM -MK , y F MSR OL MSAMYaM10 TK NtST 0./OI MAIM mam07 107 m niA AAMIT. MIAMOM MAW.. 1E7*0 00 There are no lienholders of record. EXIIIBIT "B" Permitted Use* Building Height Limitation Building Setbacks from IH -35 frontage road right- of -way Building Setbacks from Side Property Lines Building Setbacks from Rear Property Lines Office 60 feet 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -I Zoning Classification Hotel* ** 60 feet 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -1 Zoning Classification Restaurant * * ** 45 feet ** 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -1 Zoning Classification General Commercial (C -1) 45 feet ** 30 feet Pursuant to C -1 Zoning Classification Pursuant to C -1 Zoning Classification EXHIBIT "C" PERMITTED USES, LIMITATIONS AND DEVELOPMENT STANDARDS The permitted uses and limitations are as follows: 1. Permitted Uses. Heights and Setbacks Permitted uses, building height limitations, and building setbacks are detailed in the chart below: ** * ** Zoning designations noted in parentheses indicate all uses permissible under the Code for such designation as of the date of this Ordinance. Such uses may include, but are not limited to, other uses also listed in this chart. Limitations for any specific Cl use listed in this chart will control over the general C -1 listing. Decorative architectural features may exceed the stated height limitation by 15 feet. Including the following associated uses: Restaurant (including bar and liquor sales) and General Commercial (C -1). Including bar and liquor sales. The MKR Subdivision shall be limited to two driveways to IH 35 and shall comply with TXDOT requirements. Page 1 of 4 2. prohibited I Jses 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, recreational vehicle parks, wholesale nurseries, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), and truck stops. 3. Outdoor Sales and Displays. Outdoor sales and displays are permitted in conjunction with the use of a building only in areas designated on the site plan filed with the City for such building. Outdoor sales and displays are further limited to outdoor cafes and outdoor dining areas (including outdoor seating for a food court) that: 1) are located and operated as an integral part of the principal use, and 2) 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. 4. Prohibited Building Materials. The following materials are prohibited on the exterior walls of all buildings and structures (excluding roofs): Sheet Metal, corrugated, and unfinished aluminum Asbestos Galvanized steel (except as an architectural cover) Mirrored glass (reflectivity of 20% or more) E.I.F.S. (Exterior Insulation Finish Systems) are prohibited on the ground floor. 5. Service and Loadin 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. 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 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, stone, 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. Page 2 of 4 g. d. Street Level Mechanical Equipment: All ground- mounted service equipment (e.g. air conditioners, trash collection equipment) related to each building will be consolidated in an enclosed service area. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. e. Roof Mounted Mechanical Equipment: All roof mounted mechanical elements must be screened from view from the public right -of -way. Screening must be compatible with the building design. If roof decks with mechanical units are visible from up to 14 feet above finished first floor grade of adjacent buildings, the mechanical units must be screened and painted to match the finished roof material. f. Exterior Lighting. a. Minimal Spillover: All lighting must be installed to minimize light spillover onto adjacent properties. b. Parking Lot Fixtures: All light fixtures will be a horizontal design with sharp cutoff edges. The fixture will be a rectangular box unit or a round puck -like unit (similar to Kim Lighting's Curvilinear Cutoff series) with a minimum diameter of 17" (width) and maximum diameter of 29 ". The fixture will be made of spun aluminum or similar quality material and will have an illumination source of mercury vapor or . metal halide. Fixture glass must be white or clear. Light standards will be metal poles no more than 30 feet high. Landscaping. a. Landscaping shall be in accordance with the City of Round Rock Landscape Ordinance. b. Tree Protection: All existing trees of six (6) inch caliper or greater must be indicated on the proposed site plans. The proposed site plans will indicate trees to remain and those to be removed. 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 fencing. 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 setback 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 Page 3 of 4 utility company. Trees shall not be planted within 5 ft. of any water main. Any damage or removal of landscaping (other than grass) due to repairs or maintenance of the water or sewer lines shall be repaired or replaced by owner at owners expense. d. Grass: All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferably sod. Overseeding in fall with cold season native grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is required. The edging material will be concrete, steel, brick or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" are allowed around building foundations for easy maintenance. e. Irrigation: 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 walkways. f. Screening of Parking: Parking areas must be screened visually from all roadways in accordance with the Code. Screening may be accomplished with landscaping or buildings. Shrubbery must be maintained to a minimum height of 3 feet. g • 7. Sidewalks. Parking Areas: In all vehicular use areas and parking areas, a minimum of 90 square feet for each 12 parking spaces must be devoted to landscaped strips, islands, peninsulas, medians, or other landscaped areas. Sidewalks shall be constructed pursuant to the Code. Additionally, sidewalks shall be provided on the interior of the lots to connect the structures. 8. Utility Lines. All utility service lines must be underground within 200 feet of IH -35 right -of -way to connection points provided by the utility service provider. All transformers must be screened per TXU requirements. Overhead utilities will be allowed along the rear of these lots. Page 4 of 4 MKR SUBDIVISION Rezone C -1 and I -1 to PUD # 43 C IL U ID RECITE OFFICIAL PUBLIC RECORDS e 01- 14- 2002 ` 10:27 AN 2002003701 ANDERSON $45.00 NANCY E. RISTER ,COUNTY CLERK WILLIAMSON COUNTY, TEXAS NillaiAtkanAJIM 7 CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664