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Z-04-04-08-9D3 - 4/8/2004 (2)@PF Desk, op\:: CDMA/ WORLDOX/ 0- /WDOX /ORDINANC /04040803.WPD/sc ORDINANCE NO. - O Li "O l -Cg - D3 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 2.00 ACRES OF LAND, OUT OF THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C -2 (LOCAL 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 2.00 acres of land, out of the George W. Glasscock Survey, Abstract No. 267 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, as District C -2 (Local 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 14th day of January, 2004, 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 -2 (Local Commercial), and WHEREAS, on the 8th day of April, 2004, 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 -2 (Local Commercial). 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 2 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. EAD, PASSED, and ADOPTED on first reading this v - day of vw , 2004. Alternative 2. READ and APPROVED on first reading this the day of , 2004. READ, APPROVED and ADOPTED on second reading this the day of , 2004. ATTEST: CHRISTINE R. MARTINEZ, City Secretar W LL, ayor City of Round Rock, Texas 3 M. Timm Development Inc. 2.00 Acre Tract 01d Settler's Blvd. & F.M. 1460 Round Rock, Texas Page 1 of 2 EXHIBIT "A" DESCRIPTION BEING A 200 ACRE TRACT LAND SITUATED WITHIN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267 AND BEING PART OF A CALLED 93 74 ACRE TRACT OF LAND CONVEYED TO ARDALIA E. MARTIN IN A DEED RECORDED IN VOLUME 2571, PAGE 0709 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a found 14 iron rod being the southerly southwest corner of the remainder of the said 93.74 acre tract Lying on the north line of Old Settler's Boulevard, a variable width public right of way; THENCE N 68° 54' 43"E a distance of 341.48 feet along the southerly line of the said 93.74 acre tract with the north line of Old Settler's Boulevard to a found % inch iron rod being the POINT OF BEGINNING; THENCE through the interior of the said 93.74 acre tract, the following three (3) courses: 1) N 21° 49' 44" W a distance of 386.08 feet to a calculated point; 2) N 68° 09' 25" E a distance of 428.51 feet to a calculated point, and 3) S 18° 17' 43" W a distance of 186.61 feet to a point of curvature; THENCE continuing through the interior of the 93.74 acre tract along the curve to the right having radius of 155.00 feet, an interior angle of 25° 50' 36 ", a chord bearing S 31° 13' 01" W and distance of 6932 feel, for an arc distance of 69.91 feet to a point of tangency; THENCE S 44° 08' 19" W a distance of 112.40 feet to point of curvature; THENCE continuing through the interior of the 93.74 acre tract along a curve to the left having radius of 140.00 feet, an interior angle of 65° 13' 36 ", a chord bearing S 11° 31' 31" W and a distance of 150.91 feet; for an arc distance of 15938 feet to a point of tangency; THENCE continuing through the interior of the said 93.74 acre tract S 21° 05' 17" E, a distance of 30.85 feet to a point on the south line of the remainder of the said 93.74 acre tract and the north line of the said Old Settler's Boulevard; THENCE S 68° 54' 33" W, with the southerly line of the said 93.74 acre tract and the northerly line of Old Settler's Boulevard a distance of 66.83 feet to the POINT OF BEGINNING and containing 2.00 acres of land, more ar less. Bearings shown hereon are referenced to grid north for the Texas State Plane Coordinate System, Central Zone NAD 83/93 EARN per GPS survey performed during May, 1997. SURVEYOR CERTIFICATION THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. Z ////0 WILLIAM A. FORSHEY / DATE REGISTERED PROFESSIO /' LAND SURVEYOR NO. 5097 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. MAIN STREET, SUITE 201 ROUND ROCK, TEXAS 78664 (512) 244 -9620 w:9PROJLCTS\TIMM DEVELOPMENT 25 NC TR' acre mcics and bounds -Ica,] size -due 1369- 2 -00 -10 p cL OF / ;a ON WILLIAM A. FORSHEY 5097 - GEO W. GLASSCOCK SURVEY A -267 BEARING AND DIST Tl N 21'49'36" 72 N 68'09'25' 73 S IB'17'43' 74 S 44 19' T5 S 21'05' 17' TO S 68'54'41" NCE TABLE 386. 07' 428. 49' 186, 61' 112. 40' 30. 85' 66. 83' P QC CURVE TABLE NUMBER RADIUS DELTA ARC CHORD BEARING CHORD C2 155.00 140.00 25'50'36' 65'13'36" 69.91 159.38 0 31 W S 11•3!31' W 69.32 150.91 ARDALIA E. MARTIN 2571/709 REM, OF 93. 74 AC SCALE: f" = 300' SKETCH TO ACCOMPANY DESCRIPTION OF 2.0 ACRE PORTION OF 93.74 ACRE TRACT OF LAND CONVEYED TO ARDALIA E. MARTIN INA DEED RECORDED IN VOLUME 2571, PAGE 0709 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS PROPERTY OWNERS WITHIN 300 FEET OF 2.0 ACRE TRACT 1. Round Rock Agape Housing, Inc_ 601 Howard Street San Antonio, TX 78212 2. Meadows at Chandler Creek M.U.D. Attn: Phil Haag 100 Congress Avenue, Sle. 800 Austin, TX 78701 DATE: SEPTEMBER 4. 2003 JOB NO,: 1369 -2- 001 -10 BY yy. FORSHEY PAGE 2 OF 2 BAKER AICKLEN a ASSOCIATES, INC. ENGINEERS /SURVEYORS Martin Tract 1 - 2.0 acres Original to C -2 (Local Commercial) District DATE: April 2, 2004 SUBJECT: City Council Meeting - April 8, 2004 ITEM: 9.D.3. Consider an ordinance adopting original zoning of District C -2 (Local Commercial) for 2.00 acres out of the George W. Glasscock Survey. (A.E. Martin tract) (First Reading) Department: Planning Staff Person: Jim Stendebach, Planning Director Justification: This proposed local commercial development will support the existing and future residential development. Funding: Cost: N/A Source of funds: N/A Outside Resources: A. E. Martin, owner Background Information: Public Comment: This tract is located just west of F.M. 1460 and north of Old Settlers Blvd. This tract is a part of the 93acre A.E. Martin tract. The proposed land use complies with the General Plan 2000. On January 14, 2004 the Planning and Zoning Commission recommended adoption of the original C -2 (Local Commercial) zoning. Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. M. Timm Development Inc. 2.00 Acre Tract Old Settler's Blvd. & F.M. 1460 Round Rock, Texas Page 1 oft EXHIBIT "A" DESCRIPTION BEING A 2.00 ACRE TRACT LAND SITUATED WITHIN THE GEORGE W. GLASSCOCK SURVEY, ABSTRACT NO. 267 AND BEING PART OF A CALLED 93.74 ACRE TRACT OF LAND CONVEYED TO ARDALIA E. MARTIN IN A DEED RECORDED IN VOLUME 2571, PAGE 0709 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS (D.R.W.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a found %z iron rod being the southerly southwest corner of the remainder of the said 93.74 acre tract lying on the north line of Old Settler's Boulevard, a variable width public right of way; THENCE N 68° 54' 43" E a distance of 341.48 feet along the southerly line of the said 93.74 acre tract with the north line of Old Settler's Boulevard to a found %z inch iron rod being the POINT OF BEGINNING; THENCE through the interior of the said 93.74 acre tract, the following three (3) courses: 1) N 21° 49' 44" W a distance of 386.08 feet to a calculated point; 2) N 68° 09' 25" E a distance of 428.51 feet to a calculated point, and 3) S 18° 17' 43" W a distance of 186.61 feet to a point of curvature; THENCE continuing through the interior of the 93.74 acre tract along the curve to the right having radius of 155.00 feet, an interior angle of 25° 50' 36 ", a chord bearing S 31° 13' 01" W and distance of 69.32 feet, for an arc distance of 69.91 feet to a point of tangency; THENCE S 44° 08' 19" W a distance of 112.40 feet to point of curvature; THENCE continuing through the interior of the 93.74 acre tract along a curve to the left having radius of 140.00 feet, an interior angle of 65° 13' 36 ", a chord bearing S 11° 31' 31" W and a distance of 150.91 feet; for an arc distance of 159.38 feet to a point of tangency; THENCE continuing through the interior of the said 93.74 acre tract S 21° 05' 17" E, a distance of 30.85 feet to a point on the south line of the remainder of the said 93.74 acre tract and the north line of the said Old Settler's Boulevard; THENCE S 68° 54' 33" W, with the southerly line of the said 93.74 acre tract and the northerly line of Old Settler's Boulevard a distance of 66.83 feet to the POINT OF BEGINNING and containing 2.00 acres of land, more or less. Bearings shown hereon are referenced to grid north for the Texas State Plane Coordinate System, Central Zone NAD 83/93 HARN per GPS survey performed during May, 1997. SURVEYOR CERTIFICATION THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS TMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. WILLIAM A. FORSHEY REGISTERED PROFESSIO 'LAND SURVEYOR NO. 5097 BAKER - AICKLEN & ASSOCIATES, INC. 203 E. MAIN STREET, SUITE 201 ROUND ROCK, TEXAS 78664 (512) 244-9620 Wi \ PROJECTS \TIMM DEVELOPMENT 25 AC TR \DOC\2 acre metes and bounds - legal size.doc 1369 -2- 001 -10 1 ////0 3 DATE BEARING AND DISTANCE TABLE T1 N 21' 49' 36' W 386. 07' T2 N 68'09' 25' E 428. 49' T3 S 18' 17' 43' W 186. 61' T4 S 44' 08' 19' W 112. 40' TS S 21' 05' 17' E 30. 85' T6 S 68' 54' 41' W 66. 83' CUR YE TABLE NUMBER Cl C2 RADIUS 155.00 140.00 DELTA 25'50'36' 65'13'36' ARC 69.91 159.38 CHORD BEARING S 31'13'01' W S 11'31'31' W CHORD 69.32 150.91 SCALE: 1" = 300' SKETCH TO ACCOMPANY D E S C R I P T ION OF 2.0 ACRE PORTIONOF93.74 ACRE TRACT OF LAND CONVEYED TO ARDALIA E. MARTIN INA DEED RECORDED IN VOLUME 2571, PAGE 0709 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS PROPERTY OWNERS WITHIN 300 FEET OF 2.0 ACRE TRACT 1. Round Rock Agape Housing, Inc. 601 Howard Street San Antonio, TX 78212 2. Meadows at Chandler Creek M.U.D. Attn: Phil Haag 100 Congress Avenue, Ste. 800 Austin, TX 78701 DATE: SEPTEMBER 4, 2003 JOB NO.: 1369 -2- 001 -10 BY: W FORSHE PAGE 2 OF 2 I4 BAKER - AICKLEN & ASSOCIATES, INC. ENGINEERS /SURVEYORS