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Z-03-12-04-7A1 - 12/4/2003@PFDeskkop \:: OD1.1A /WORLDOX /0: /WDOX /ORDINANC /0312091,1 . WPD /vr ORDINANCE NO. Z 03-12-D - /, 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 INCLUDE THE PV (PALM VALLEY OVERLAY) DISTRICT WHICH WAS OMITTED ON THE ORIGINAL ZONING OF 16.381 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AND ZONE AS DISTRICT C -1 -PV (GENERAL COMMERCIAL WITH THE PALM VALLEY OVERLAY DISTRICT). WHEREAS, an application was made to the City of Round Rock, Texas to amend the Official Zoning Map to zone a tract of land containing 1.795 acres and a tract of land containing 14.586 acres totaling 16.381 acres of land, more or less, out of the Joseph Marshall Survey, Abstract No. 409 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A -1" and "A -2", attached hereto and incorporated herein, as District C -1 (General Commercial), and WHEREAS, the Planning and Zoning Commission held public hearings concerning the requested change on the 28th day of August, 2002 and on the 30th day of September, 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 recommended that the Official Zoning Map be amended so that the property described in Exhibits "A -1" and "A -2" be zoned as District C -1 (General Commercial) to include the PV (Palm Valley Overlay) District, and WHEREAS, on the 5th day of December, 2002, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council adopted Ordinance No. Z- 02- 12 -05- 7B4 zoning the property as District C -1 (General Commercial), but the inclusion of the PV (Palm Valley Overlay) District was omitted in the ordinance adopted, and WHEREAS, the City Council determines that the PV (Palm Valley Overlay) District should be included with the original zoning adopted in Ordinance No. Z- 02 -12 -05 -7B4 for the property described in Exhibits "A -1" and "A -2 ", 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: I. 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 to include the PV (Palm Valley Overlay) District so that the zoning classification of the property described in Exhibits "A -1" and "A -2" is hereafter designated as District C -1 -PV (General Commercial with the Palm Valley Overlay District). 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 " 4 day of DILLM12 , 2003. Alternative 2. READ and APPROVED on first reading this the day of , 2003. READ, APPROVED and ADOPTED on second reading this the day of , 2003. NYL 'iP7fi L , Mayor City Round Rock, Texas 3 ATTEST: 2catTA/Lia �YJ CHRISTINE R. MARTINEZ, City Secretar, 4 STAN COALTER IRPIS. LRLS CARLA SHIPMAN OFFICE MANAGER J.S. COALTER & ASSOCIATES REGISTEREO PROFESSIONAL LANG SURVEYOR LICENSED STATE LANG SURVEYOR FIELD NOTES N. 114 36. SUITF. MS ROUND ROCK. TEXAS 7/1064 5,2) 255-8211 TELEI'IiONE t 612)265 -8263 FACSIMILE BEING 1.795 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, AND THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND A PART OR PORTION OF COUNTY ROAD 122 VACATED AND ABANDONED BY THE COMMISSIONERS COURT OF WILLIAMSON COUNTY AND RECORDED IN VOLUME , PAGE COMMISSIONERS COURT MINUTES, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at an iron rod found in the east line of said 44.96 acre tract, from which the northeast comer thereof bears NORTH a distance of 1393.18 feet, said iron rod being in the west line of County Road No. 122 and being the northwest corner of that portion of said road vacated by the Commissioner's Court of Williamson County as aforesaid; THENCE N 32° 02' 17" E a distance of 14.51 feet along the northerly line of the abandoned portion of said road to an iron rod found; THENCE along the northerly line of the abandoned portion of said road, an are distance of 92.63 feet with a curve to the left, said curve having a central angle of 8° 42' 39 ", a radius of 609.27 feet, a chord distance of 92.54 feet and a chord bearing of N 27° 40' 57" E to an iron rod found at the northeast comer of said abandoned portion of said road in the west line of that certain 110 acre tract of land described in a deed to W. G. Barnes recorded in Volume 311, Page 218, Deed Records of Williamson County; THENCE SOUTH a distance of 536.28 feet with the west line of said 110 acre tract to its intersection with the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984; THENCE with the line of said Round Rock City Limits, the following described two (2) courses and distances: 1) An arc distance of 178.23 feet with a curve to the left, said curve having a central angle of 00° 52' 20 ", a radius of 11709.16 feet, a chord distance of 178.23 feet and a chord bearing of S 75° 27' 07" W to the point of compound curvature, and; 2) An arc distance of 30.42 feet with a curve to the left, said curve having a central angle of 00° 09' 31 ", a radius of 10993.12 feet, a chord distance of 30.42 feet and a chord bearing of S 74° 56' 12" W to a point in the east line of that certain tract of land called 1.837 acres described in a deed to Williamson County for the relocation of County Road No. 122; THENCE with the east line of said 1.837 acre tract, the following described three (3) courses and distances: 3) N 32° 02' 17" E a distance of 154.01 feet to the Place of Beginning, containing 1.795 acres of land. COALTER & ASSOCIATES, SURVEYORS 1) An arc distance of 32.48 feet with a curve to the right, said curve having a central angle of 00° 39' 40 ", a radius of 2815.00 feet, a chord distance of 32.48 feet and a chord bearing of N 7° 16' 33" W to an iron rod found; 2) An arc distance of 346.66 feet with a curve to the right, said curve having a central angle of 38° 59' 55 ", a radius of 509.30 feet, a chord distance of 340.00 feet and a chord bearing of N 12° 30' 15" E, and; Stan Coalter, RPLS, LSLS 10 -21 -02 File No. 99100A THENCE with the north line of said 32.72 acre tract, an arc distance of 696.47 feet with a curve to the left, said curve having a central angle of 3° 37' 48 ", a radius of 10993.12 feet, a chord distance of 696.35 feet and a chord bearing of S 72° 30' 59" W to the Place of Beginning, containing 14.586 acres of land. COALTER & ASSOCIATES, SURVEYORS Stan Coalter, RPLS, LSLS 10 -21 -02 File No. 99100B STAN COALTER RP LS. 1..01.5 CARLA SHIPMAN OFFICE MANAGER J.S. COALTER & ASSOCIATES REGISTERED PROFESSIONAL LAND SURVEYOR LICENSED STATE LAND SURVEYOR FIELD NOTES BEING 14.586 ACRES OF LAND OUT OF THE JOSEPH MARSHALL SURVEY, ABSTRACT NO. 409, IN WILLIAMSON COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 44.96 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TEXAS RAINBOW COMPANY RECORDED IN VOLUME 1095, PAGE 752, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO WIT: BEGINNING at the intersection of the west line of said 44.96 acre tract and the north line of that certain 32.72 acre tract of land annexed by the City of Round Rock by Ordinance No. 861 dated December 13, 1984, from which the southwest corner of said 44.96 acre tract bears S0 °25'47 "W a distance of 202.08 feet; THENCE N 0° 25' 47" E a distance of 980.40 feet to the northwest comer hereof; 905 N. IH 35. SUITE 100 ROUND ROCK. TEXAS 78864 1b121255 -8211 TELEPHONE (5121 255 -5253 FACSIMILE THENCE S 89° 34' 13" E a distance of 897.38 feet, crossing said 44.96 acre tract, to the northeast comer hereof in the west line of that certain tract of land called 1.837 acres described in a deed to Williamson County recorded as County Clerk's Document No. 2001015273 in the Official Public Records of Williamson County; THENCE with the west line of said 1.837 acre tract, the following described four (4) courses and distances: 1) An arc distance of 191.59 feet with a curve to the right, said curve having a central angle of 21° 33' 13 ", a radius of 509.30 feet, a chord distance of 190.46 feet and a chord bearing of S 21° 15' 03" W to an iron rod found; 2) S 32° 00' 06" W a distance of 168.76 feet to an iron rod found; 3) An arc distance of 414.56 feet with a curve to the left, said curve having a central angle of 38° 59' 00 ", a radius of 609.30 feet, a chord distance of 406.61 feet and a chord bearing of S 12° 31' 38" W to an iron rod found at the point of compound curvature, and; 4) An arc distance of 47.28 feet with a curve to the left, said curve having a central angle of 0° 55' 46 ", a radius of 2915.00 feet, a chord distance of 47.28 feet and a chord bearing of S 7° 27' 15" E to a point in the north line of said 32.72 acre tract; EXHIBIT A -2 Rainbow Tract Original Zoning Distict C -1 (General Commercial) to include the Palm Valley Overlay DATE: November 25, 2003 SUBJECT: City Council Meeting - December 4, 2003 ITEM: 7.A.1. Consider an ordinance amending the zoning of two tracts of land containing 1.795 acres and 14.586 acres (Rainbow Park Tract) to include the PV (Palm Valley Overlay) District. (First Reading) Resource: Joe Vining, Planning and Community Development Director History: These tracts lie immediately north of U.S. 79 and east and west of County Road 122. On December 5, 2002, these tracts were proposed to be zoned C -1 (General Commercial) with Palm Valley Overlay district zoning. The ordinance prepared for the zoning application inadvertently omitted the language adopting the Palm Valley Overlay district. With City Council adoption, the tracts were zoned C -1 only. The attached proposed ordinance serves as a "correcting" ordinance to reflect the inclusion of the Palm Valley Overlay zoning district. With the adoption of the proposed ordinance, the tracts will be zoned C -1 (General Commercial) with Palm Valley Overlay district zoning. The Planning and Zoning Commission held two public hearings on August 28, 2002, and September 30, 2002, respectively. The Planning and Zoning Commission recommended for original zoning of C -1 (General Commercial) with Palm Valley Overlay district zoning. City Council held an additional public hearing on December 5, 2002. All public hearings, presentations and required public notices accurately described the zoning proposal to be for C -1 (General Commercial) with Palm Valley Overlay district zoning. The Palm Valley Overlay zoning district includes development and design standards greater than those included in the C -1 (General Commercial) zoning district. These standards seek to establish and preserve the unique characteristics of the Palm Valley area, and to implement the design goals of the Palm Valley Plan. Funding: Cost: N/A Source of Funds: N/A Outside Resources: N/A Impact /Benefit: N/A Public Comment: Public notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. Sponsor: Planning and Community Development Department