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Z-02-09-26-10D3 - 9/26/20020: \wdo: \ORDINANC \0a092607 . wno /ac ORDINANCE NO. Z - W-09- 140-10D3 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 17.78 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C -1 (GENERAL COMMERCIAL). 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 17.78 acres of land, more or less, out of the P.A. Holder Survey, Abstract No. 297 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, as District C -1 (General Commercial), 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 28th day of August, 2002, 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 property described in Exhibit "A" be zoned as District C -1 (General Commercial), and WHEREAS, on the 26th day of September, 2002, 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 and Section 11.400, 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 the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District C -1 (General Commercial). 2. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 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 2002. Alternative 2. READ and APPROVED on first reading this the , 2002. 3. day of READ, APPROVED and ADOPTED on second reading this the day of , 2002. ATTEST: CHRISTINE R. MARTINEZ, City Secre 4. City of Round Rock, Texas 17.78 Acre Tract ' Page 1 of 3 EXHIBIT "A" DESCRIPTION FOR A 17.78 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 88.411 ACRE TRACT OF LAND AS DESCRIBED IN THAT PARTITION DEED TO RRE INVESTORS, L.P. AND RECORDED AS DOCUMENT NO. 9919729 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 17.78 ACRE TRACT AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a %2" iron rod found for the northeast comer of Lot 2, Round Rock Express Subdivision, Section One, a subdivision recorded in Cabinet S, Slides 156 — 160 of the Plat Records of said county, same being an angle point in the south line of Lot 4, of said Round Rock Express Subdivision, same being the northwest comer hereof; THENCE with the south line of said Lot 4, N 49° 31' 55" E a distance of 557.48 feet to the most northerly northeast comer hereof, from which a '/2" iron rod found on an angle point in the south line of said Lot 4 bears, N 49° 31' 55" E a distance of 42.52 feet; THENCE through the interior of said 88.411 acre tract, the following two (2) courses and distances: 1) S 26° 05' 07" E a distance of 424.81 feet to an interior ell corner hereof, and 2) N 63° 37' 24" E a distance of 736.10 feet to a point on the east line of said 88.411 acre tract, same being the west line of a called 201.992 acre tract of land as described in that deed to 17.78 Acre Tract • Page 2 of 3 Continental Homes of Texas, L.P. and recorded as Document No. 9908540 of the Official Records of said county, for the most easterly northeast comer hereof; THENCE with the east line of said 88.411 acre tract, same being the west line of said 201.992 acre tract, S 03° 28' 27" E a distance of 434.23 feet to a point on the north right -of -way line of said U. S. Highway No. 79, as described in that deed to the City of Round Rock and recorded in Document No. 200001729 of the Official Records of said county, for the southeast comer hereof; THENCE with the north right -of -way line of said U. S. Highway No. 79, S 63° 37' 24" W a distance of 1412.56 feet to a point on the east line of said Lot 2, for the southwest comer hereof; THENCE with the east line of said Lot 2, N 02° 22' 10" W (Basis of Bearings) pass a 'A" iron rod found at a distance of 0.46 feet, continuing for a total distance of 754.32 feet to the POINT OF BEGINNING and containing 17.78 acre of land. BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244 -9620 Job No.: 1038 -2. 001 -21 Filename: W: 1PROJECTS\RREXPRESVSKETCH\METES & BOUNDS \RRE PUD.DOC NUMBER DIRECTION DISTANCE LI N 49.3I'55° E 42.52' L2 N 02°22'I0" W 0.46' SKETCH TO ACCOMPANY DESCRIPTION CITY VOL. 1 ROUND PO ROCK . 1760, PG. 451 CALLED 316.85 ACRES LOT 4. ROUND ROCK EXPRESS SUBDIVISION. SECTION ONE CAB. S, SLIDES 156 - 160 N 49 °31'5 N 4 9031'8 5" POINT OF BEGINNING >✓. A. J-J0 - s Ll RV AB r.RA lNl C.). 29 U.S. HIGHWAY NO. 79 MISSOURI PACIFIC RAILROAD (R.O.W. WIDTH VARIES) 1 17.78 ACRES S 63 °37'24" W 1412.56' U RRE INVESTORS. L.P. PARTITION DEED DOC. N0. 9919729 CALLED 88.411 ACRES �AODITIONAL R.O.W. PER DOC. NO. 2000001729 RRE INVESTORS. L.P. PARTITION DEED DOC. NO. 9919729 CALLED 88.411 ACRES DATE: AUG. 2002 JOB NO.: 1038 -2- 001 -21 BY: M. NOLEN PAGE 3 OF 3 SCALE: I" = 200' WILLIAMSON COUNTY, TEXAS LEGEND • %2" IRON ROD FOUND N 63•37'24" E 736.10' IA\ BAKER- AICKLEN & ASSOCIATES, INC. ENGINEERS /SURVEYORS FILE NAME: RREXPRES \SKETCH \DWG \RRE PUD.DWG PLOT DATE: AUGUST 08, 2002 ROUND ROCK EXPRESS ORIGINAL ZONING DISTRICT C -1 (GENERAL COMMERCIAL) OLD SETTLERS PARK OS (OPEN SPACE) DELL DIAMOND 0 ZONING PENDING OUTSIDE CITY LIMITS DATE: September 20, 2002 SUBJECT: City Council Meeting — September 26, 2002 ITEM: 10.D3. Consider an ordinance adopting original zoning of District C-1 (General Commercial) to include the Palm Valley zoning overlay on 17.78 acres of land, more or less, out of the P.A. Holder Survey, A- 297 in Williamson County, Texas. (Round Rock Express) (First Reading) Resource: Joe Vining, Planning Director History: This tract lies immediately to the east of the Dell Diamond Tract. Since this development is part of the Palm Valley Corridor, the recommendation is for original zoning of District C -1 (General Commercial) to include the Palm Valley Zoning overlay. Funding Cost: N/A Source of Funds: N/A The proposed land use complies with the adopted General Plan. On August 28, 2002 the Planning and Zoning Commission recommended approval of the requested original zoning of district C -1 (General Commercial) and the Palm Valley zoning overlay. Outside Resources: RRE Investors, L.P. Benefit: Increase of commercial development. Public Comment: Public Notice and a public hearing were held in accordance with City of Round Rock's Zoning Ordinance. Sponsor: Planning and Community Development Department Round Rock Express Zoning 02 -013 -Z REQUEST: Approval of original zoning District C -1 (General Commercial). HISTORY: No previous zoning history. DATE OF REVIEW: August 28, 2002 OWNER: RRE Investors, L.P. CONSULTING ENGINEER: Baker - Aicklen and Associates, Inc. DESCRIPTION: 17.78 acres, P.A. Holder Survey, A -297 PRESENT ZONING: None PRESENT LAND USE: Vacant LOCATION: North of East Palm Valley Boulevard, east of the Dell Diamond ADJACENT LAND USE: North: Old Settlers Park South: Highway 79 East: Ryan's Crossing West: Dell Diamond PROPOSED LAND USE: 1 commercial lot GENERAL PLAN POLICY: Residential UTILITIES: The development proposes standard municipal services. STAFF COMMENTS: This tract lies immediately to the east of the Dell Diamond Tract and is also identified as Lot 5 (Block A) of the approved Round Rock Express preliminary plat. Since this development is part of the Palm Valley Corridor, the recommendation is for original zoning of District C -1 to include the Palm Valley Zoning overlay. RECOMMENDATION: Staff recommends adoption of the requested District C -1 zoning and Palm Valley zoning overlay, as well. Planner: