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Z-04-05-27-15B1 - 5/27/2004WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 0.83 acres of land, out of the Wiley Harris Survey, Abstract No. 298, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District SF -2 (Single Family- Standard Lot) to District OF (Office), 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 April 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 OF (Office), and @PFDesktap \ = =OD ORDINANCE NO. Z-(2/- . 115/3 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 REZONE 0.83 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT OF (OFFICE). OB1]DOX /O /WDOX /DRDINANC/0acs2iei.WPD /ec WHEREAS, on the 27th day of May, 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: 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 so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District OF (Office). 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. 2. 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. R D D READ, PASSED, and AOPTE on first reading this � day �f of d 7'16 , 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: j , CHRISTINE R. MARTINEZ, City Secretar C. The City Council hereby finds and declares that written NY - i rWEL , Mayor City of Round Rock, Texas 3. EXHIBIT "A" LEGAL DESCRIPTION THENCE North 43 degrees 08 minutes 00 seconds East, along the southerly line of said Lot I, 299.83 feet to a Mag nail set, for the northeast corner hereof; THENCE South 46 degrees 55 minutes 57 seconds East, continuing along the southerly line of said Lot 1, 119.98 feet to an iron rod found in the northerly right -of -way line of Old Bowman Road, in the southerly line of said Lot 1, for the southeast comer hereof; THENCE South 43 degrees 08 minutes 00 seconds West, along said right -of -way line, 299.83 feet to the POINT OF BEGINNING and containing 0.83 of an acre of land, more or less, Page 1 of 1 FIELD NOTES DESCRIBING 0.83 OF AN ACRE OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NUMBER 298, WILLIAMSON COUNTY, TEXAS, BEING KNOWN AS LOTS 3, 4 AND 5 OF NELS ADAMS, AN UNRECORDED SUBDIVISION IN WILLIAMSON COUNTY, SAME BEING THAT CERTAIN TRACT DESCRIBED BY INSTRUMENT RECORDED IN VOLUME 416, PAGE 636, VOLUME 772, PAGE 378 AND VOLUME 772, PAGE 380, ALL OF THE REAL PROPERTY RECORDS, WILLIAMSON COUNTY, SAID 0.83 OF AN ACRE OF LAND TO BE MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod found in the northerly right - of-way line of Old Bowman Road, at the southeast corner of Lot 2, Block A, of Patton Addition, a subdivision recorded in Cabinet 3, Slide 369, Plat Records, Williamson County, for the southwest corner hereof, THENCE North 46 degrees 55 minutes 57 seconds West, along the easterly line of said Lot 2, 119.98 feet to an iron rod found in the southerly line of Lot 1, Block A, of Greenhill Section 5, a subdivision recorded in Cabinet F, Slide 70, Plat Records, Williamson County, at the northeast corner of said Lot 2, for the northwest corner hereof; THIS LEGAL DESCRIPTION IS TO BE USED IN CONJUNCTION WITH THE ATTACHED SURVEY PLAT (BY SEPARATE INSTRUMENT), ONLY. Edward Rumsey TX R.P.L.S 45729 Job 6 A0207904 OF 117,..-s nf co EOWggL RUMSEY ° 572 p, b SUR 0 '` EXHIBIT I "A" z — z 6' Date 1 POB So le I+n EDWARD RUMMY W sa L<x;5L A Patton Addition Cabal, Slide 369 Z2:11-742 (I2Ro11 0.83 of an Acre V.0414 PLUS Lai 3 ePoKreill chive (546.52WEI V.L 771 3L378 ro11m AUSTIN TITLE COMPANY ANDro Ion lift' rep, .... mi.n.rm.m oo tho groModa my omm.,.m w ' no m96aeo o. prop, tm n NgmygmaR.46a®me t ■ w+c � a R�M�m�mx ®maa,va. \ PSO.maa.®m netameed co vexed NU. 73 ;71.320 Ingl story stale/ frame residence iiser (010003 Lon BLxtA Gbm Sikh70 S od off Lot ' s=un Ca line F. 5.70 LEGEND lor Pt BMW. utzs OVICHNEAD ALL ST *R L.msu,.• 12731 Rescs,ch ENd. Building A, SORB 106 Austin, TX 78159 (512) 249 -8149 pho, (512)331 -5217 Fax MIKE RODRIQUEZ AND BRANDY RODRIQUEZ 112 OLD BOWMAN ROAD 0.83 OF AN ACRE OF LAND IN THE WILEY HARRIS SURVEY ABSTRACTNo_ 298 LOTS 3, 4 & 5, BLOCK 1 OF NELS ADAMS, AN UNRECORDED SUBDIVISION ROUND ROCK, WILLIAMSON CO, TEXAS BEING FURTHER DESCRIBED IN EXHIBIT "A" SURVEY DALE nNmaa me 2.13000478 A02.0790.1 MELD POCK NEL DRAP3Rp CHFSX UP OA FRIO FLOOD NOTE: THIS PROPERTY ODES NOT 4E %WINN THE UM YEAR F10001,11, 11.19 HAS A X RAM. AS SHORN ON ME MOOD wSURANCE RATE MAPS PANEL MOO TM ay m2 u oa. sumo. o pop,. or .not C0111.1 _ a^dplaiv late RESTRICTIONS: Subjs. to Dnvicinomi..ioo.ova m LOWrj Authority ea Vo.I.334. Pp o9. WS.. Electric Ilmarnimio.a.or A UlNCo mnYNV 55820.519. 4: V61 347, Pg, 539. Subia-1m m,mrt...bBM lion mem. anion g 4 Subject , m Bp. .awmrm Lm, O. smr . pny VA ?, Pg. tie. �a 1 s sigma 01 arco atiam ` compmn3 Vol. >Ta3 woe:. . m a .m 9 112 E. Old Bowman Road .83 Acres Rezoning from SF -2 to OF Rodriquez Rezoning, 112 Bowman Road 04 -006 -Z REQUEST: HISTORY: DATE OF REVIEW: OWNER: DESCRIPTION: PRESENT ZONING: PRESENT LAND USE: LOCATION: ADJACENT LAND USE: PROPOSED LAND USE: GENERAL PLAN POLICY: UTILITIES: STAFF COMMENTS: RECOMMENDATION: Planner: Bernadette Hayes Approval of the zoning change from SF -2 (single - family residential) to 0 (office). These tracts were zoned single family with the adoption of the original zoning ordinance # 1296. 4/28/04 Mike and Brandy Rodriguez 0.83 acres, Wiley Harris Survey, Abstract No. 298 SF -2 2 of the lots are vacant and I lot has a house located on it. North of East Old Bowman Rd. just east of North Mays Street. North: Mulit- family residential South: Texas Children's Home East: Multi- family residential West: General Commercial 3 office lots Residential The development proposes standard municipal services. The proposed use is a day care center on the center lot. There is an existing house on that lot that will be converted into a day care center. The lots to the east and west are vacant and have no proposed construction improvements at this time. A day care center is a permitted use with a special condition: that the facility may not exceed 5,000 square feet. With the site surrounded by general commercial and public facility districts; the proposed office district will provide compatibility in land use. Staff recommends approval of the rezoning. DATE: May 21, 2004 SUBJECT: City Council Meeting - May 27, 2004 ITEM: 15.8.1. Consider an ordinance rezoning 0.83 acres of land from District SF -2 (Single Family- Standard Lot) to District OF (Office). (112 E. Old Bowman Road) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: These 3 lots are surrounded by general commercial and public facility districts; thus a rezoning to office would provide compatibility of land use for this locality. This rezoning accords with the General Plan 2000. Funding: Cost: N/A Source of funds: N/A Outside Resources: Brandy Rodriguez, owner Background Information: Public Comment: These 3 lots are located on E. Old Bowman Road just east of North Mays Street. The lots were zoned single family with the adoption of the original zoning ordinance # 1296. The middle lot has an existing house, which will be converted to a day care center. The day care center is permitted in the office zone. The other two lots have no proposed construction improvements. Public Notice and a public hearing were held in accordance wit the City of Round Rock's Zoning Ordinance. No members of the public spoke to this application at the Planning and Zoning Commission public hearing held on April 28, 2004.