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Z-04-08-26-12A1 - 8/26/2004ORDINANCE NO. Z 0 - 08 a- l a A I 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 3.438 ACRES OF LAND, OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AND DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT PF -2 (PUBLIC FACILITIES - MEDIUM INTENSITY). WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 3.438 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 and incorporated herein, from Planned Unit Development District (PUD) and District SF -2 (Single Family- Standard Lot) to District PF -2 (Public Facilities - Medium Intensity), 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 7th day of July, 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 @ PPDeskto ODMIT/ WORLDOX/ 0 : /WDOX /ORDTNANC /040912C2.VPD / 4c described in Exhibit "A" be zoned as District PF -2 (Public Facilities- Medium Intensity), and WHEREAS, on the 12th day of August, 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 PF -2 (Public Facilities- Medium Intensity). II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 2. 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 of , 2004. Alternative 2. READ and APPROVED on first reading this the I ov day of 11.1 4 .4 , 2004. R AD, APPROVED and on second reading this the n 1_10 day of , 2004. A NYL Ci y T: CHRISTINE R. MARTINEZ, City Secretar 3 i a Round Rock, Texas First Baptist Church 3.438 Acre Traci Page 1 or 5 EXHIBIT "A" DESCRIPTION FOR A 3A38 ACRE TRACT OF LAND SITUATED IN THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN WILLIAMSON COUNTY, TEXAS, BEING ALL OF LOTS 1 - 7, BLOCK 33 AND LOTS 1 - 11, BLOCK 32, ROUND ROCK, A SUBDIVISION RECORDED IN CABINET A, SLIDES 191 - 192 OF THE PLAT RECORDS OF SAID COUNTY, LOT 1, FIRST BAPTIST CHURCH ROUND ROCK, A SUBDIVISION RECORD IN CABINET M, SLIDES 277 - 278 OF THE PLAT RECORDS OF SAID COUNTY, A CALLED 0.078 7 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO THE FIRST BAPTIST CHURCH ROUND ROCK AND RECORDED AS TRACT 111 IN DOCUMENT NO. 9631504 OF THE OFFICIAL RECORDS OF SAID COUNTY, THE ALLEY WAY FOR BLOCK 32, OF SAID ROUND ROCK AND RECORDED IN VOLUME 579, PAGE 689, A PORTION OF BROWN STREET AND THE 20 FOOT WIDE ALLEY IN SAID BLOCK 33 AND SHOWN ON SAID ROUND ROCK SUBDIVISION, SAID 3.438 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'A" iron rod found at the northeast corner of said Lot 1, First Baptist Church Round Rock, same being on the intersection of the south right -of -way line of West Austin Avenue (60 foot right -of -way width) and the west right -of -way line of North Blair Street (80 foot right -of -way width), for the northeast corner and POINT OF BEGINNING hereof; THENCE with the east line of said Block 33, same being the west right -of -way line of said North Blair Street, same being in part with east line of said Lot 1, First Baptist Church Round Rock, S 19° 30' 14" E for a distance of 269.36 feet to a 'A" iron rod found for the southeast corner of said Lot 1, Block 33, same being the intersection of the west right -of -way line of said North Blair Street and the north right -of -way line of East Liberty Avenue, for the southeast ccrner hereof; EXHIBIT "A" Fast Baptist Church 3.438 Are Tract Page 2 of 5 THENCE with the south line of said Block 33, same being the north right -of -way line of said East Liberty Avenue, S 70° 46' 25" W for a distance of 244.37 feet to a ''' /" iron rod set with "Baker - Aicklen" cap for an angle point hereof; THENCE in part through the interior of said Block 33 and said North Brown Street, S 81° 58' 26" W for a distance of 43.42 feet to a '/" iron rod set with "Baker - Aicklen" cap on the north right -of -way line of Round Rock Avenue (90 foot right - of-way width), for an angle point hereof; THENCE with the north right -of -way line of said Round Rock Avenue, the following two (2) courses and distances: I) N 82° 45' 59" W for a distance of 70.61 feet to a %" iron rod found for the southeast corner of said Lot 1, Block 32, same being the intersection of the west right -of -way line of said North Brown Street and the north right -of -way line of said Round Rock Avenue, for an angle point hereof, and 2) in part with the south line of said Block 33 and the south line of said 0.0787 acre tract, N 83° 04' 15" W pass an iron rod found with "R.P.L.S. No. 1481" cap for the southwest comer of said 0.0787 acre tract, same being the west comer of said Lot 4, Block 32, at a distance of 521.99 feet, continuing for a total distance of 524.00 feet to an iron rod found with "R.P.L.S. No. 1481" cap for the west corner of said 0.0787 acre tract, for the west corner hereof; THENCE with the north line of said 0.0787 acre tract, same being the south right -of -way line of said West Austin Avenue, the following two (2) courses and distances: 1) N 30° 02' 38" E for a distance of 28.40 feet to a /7" iron rod found for an angle point hereof, and 2) N 71° 43' 44" E for a distance of 179.22 feet to an iron rod found with " R.P.L.S. No. 1481" cap for the northeast corner of said 0.0787 acre tract, for an exterior angle point hereof; First Baplisl Church 3.438 Acre Tract Page 3 of 5 THENCE with cast Tine of said 0.0787 acre tract, same being the south right -of -way line of said West Austin Avenue, S 18° 18' 34" E for a distance of 16.58 feet to a 54" iron rod found for the southeast comer of said 0.0787 acre tract, for an interior angle point hereof; THENCE with the south right -of -way line of said West Austin Avenue, same being in part with the north line of said Block 32, the north line of said Block 33, and said Lot 1, First Baptist Church Round Rock, N 70° 49' 06" E for a distance of 618.77 feet to the POINT OF BEGINNING and containing 3.438 acres of land. Bearing basis is grid north for the Texas Central Zone NAD 83/93 BARN. Surveyed under the direct supervision of the undersigned during April, 2004: Margaret A. Nolen Registered Professional Land Surveyor No. 5589 BAKER- AECKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244 -9620 Job No.: 1419-2-001-27 Filename: W:I PROJECTS \FIRST BAPTIST CHURCH \DESCRIPTION PLAT\FIRST BAPTIST CHURCH PLAT,doe BAKER - AICKLEN & ASSOCIATES, INC. ENGINEERS /SURVEYORS \PROJECTS \FIRST BAPTIST CH(%RCH \DESCRIPTION PLAT FIRS' WJLEY 1- IA J� SUF�I/1✓Y, 4) v #1481/ SEE DETAIL PAGE 5 A F c71 °49 E1 X60 q4 E #1481 A �� N 179'`' ` SCALE: 1" = 100' SKETCH TO ACCOMPANY DESCRIPTION THE FIRST BAPTIST CHURCH ROUND ROCK \` CALLED 0,0787 ACRES TRACT III 2 0'35 El DOC. NO. 9631504 i AVE NU IN 76" � A LST IN DTKN 7 Vil � u4'15" W 5 2 /.9 -'v v ' 2 P W 2 443 ° NU E N 83° 04'15" µ 3 251, A 524.00' • \� \ 5 70 °46 ST � $ERW 0'0 ROUND ROCK AVENUE L2 LI EA R• R.O. W. WIDTJy) J/ \ BAP TIST CHURCH PLAT.Eo4 (PAGE 4) Mc, C5. 2G04 - 12.46pm L OT 1, FIRST BAPTIST CHURCH ROUND ROCK CAB. AA, SLIDES 277 - 278 SUBJECT TRACT 3.438 ACRE DATE: APRIL, 2004 JOB NO.: 1419- 2- 00I -27 BY M. NOLEN PAGE 4 OF 5 POINT OF BEGINNING NUMBER BEARING DISTANCE LI S 81 °58'26" W 43.42' L2 N 82 ° 45'59" W 70.6!' L3 N 30 ° 02'38" E 28.40' (N 32 El [28.377 L4 S 18 °18'34" E 16.58' [S 16 °11'17" E] [16.47'] 4 #1481 • O SCALE: 1" = 100' WILLIAMSON COUNTY, TEXAS LEGEND • 1/2" IRON ROD FOUND (UNLESS OTHERWISE NOTED) p 1/2" IRON ROD SET WITH "BAKER - AICKLEN" CAP SKETCH TO ACCOMPANY DESCRIPTION IRON ROD FOUND WITH "R P.L.S. NO. 1481" CAP RECORD BEARING B DISTANCE PER CAB. A, SLIDES (9/ - 192 RECORD BEARING 8 DISTANCE PER DOC. NO. 9631504 K':,PROJECTS \FIRST BAPTIST CHURCH \DESCRIPTION PLAT \FIRST BAPTIST CHURCH PLAT.dag (PAGE 5) May 05, 2009 - 12:46pm DATE: APRIL. 2004 JOB NO.: 1419 -2- 001 -27 BY, M. NOLEN PAGE 5 OF 5 II BAKER - AICKLEN 9 ABBCCIATEB, INC. ENGINEERS /SURVEYORS First Baptist Church Rezoning from PUD and SF -2 to PF -2 3.438 Acres DATE: August 20, 2004 SUBJECT: City Council Meeting - August 26, 2004 ITEM: *12.A.1. Consider an ordinance rezoning 3.438 acres of land from PUD (Planned Unit Development) and District SF -2 (Single Family - Standard Lot) to District PF -2 (Public Facilities- Medium Intensity). (First Baptist Church) (306 Round Rock Avenue) (Second Reading) Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning Director First Baptist Church wishes to expand its facilities to provide space for religious education. By dissolving the PUD established in 1993, the church's facilities will come into conformity with the City's Zoning Ordinance. At present, the existing PUD allows for an unlimited amount of square footage for church facilities. Development standards contained in the PF- 2 district, including landscaping and buffering requirements, exceed those originally adopted by the PUD. In addition, the PF -2 district caps the building square footage for accessory uses at 20,000 square feet. In light of the comments heard at the August 12, 2004, City Council public hearing, staff has provided the attached memorandum and additional background materials for your review. The original PUD agreement is also included in your packet. Funding: Cost: N/A Source of funds: N/A Outside Resources: The First Baptist Church of Round Rock Background Information: Approximately 3 acres of this 3.438 acre tract was zoned Planned Unit Development in 1993. The intent behind the development of the PUD was to assist the First Baptist Church in delineating boundaries for its church campus and to establish perimeter landscaping requirements. The remaining .5 acres is currently zoned SF -2. On July 7, 2004, the Planning and Zoning Commission rendered a favorable recommendation to rezone the tract. Public Comment: Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. Public hearings were held on July 7, 2004, at the regular meeting of the Planning and Zoning Commission and on August 12, 2004, at the regular meeting of the City Council. Mayor Nyle Maxwell Mayor Pro -tem Alan McGraw Council Members Tom Nielson Carrie Pitt Scot Knight Scott Rhode Gary Coe City Manager James R. Nuse, RE. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY MEMORANDUM TO: Mayor Nyle Maxwell) and members of City Council FROM: Susan Brennan, AICP, Principal Planner -ems —_ RE: First Baptist Church Rezoning Application (SF -2 & PUD 7 to PF -2) DATE: August 20, 2004 Proposed Expansion First Baptist Church wishes to expand its facilities to provide space for religious education. The expansion includes the immediate construction of a detached 36,000 square foot building to accommodate this use. The construction of this facility comprises the first phase of the church's overall master plan. The proposed PF -2 (medium intensity) district allows accessory uses up to 20,000 square feet. In its definition of "Place of Worship," the Zoning Ordinance distinguishes between those church uses considered part of the principal permitted use and those considered to be accessory uses: Place of Worship – A use located in a permanent building, except where otherwise provided for in this Chapter, providing regular organized religious worship. Parsonages, rectories, and buildings providing classroom space for religious education shall be considered part of the permitted principal use. Accessory uses shall include but are not limited to primary or secondary educational facilities, offices, community recreational facilities and daycare facilities including facilities for mother's day out programs, Since the proposed construction of the first phase of the master plan is slated for religious classroom space, the square footage is considered part of the permitted principal use, not accessory use. Per federal legislation, municipalities have limited authority to regulate the principal use of a place of worship. Parking The applicant submits that its existing 250 parking spaces, which accommodate the church sanctuary, are adequate to accommodate the proposed new construction as well as its existing facilities. This assumption CITY OF ROUND ROCK Planning and Community Development Department Sot West Bagdad • Round Rock, Texas 78664 Phone: 512.218.5428 • Fax 512.218.3086 • www.ci.round- rock.tx.us is based on the fact that church attendees and religious education attendees are drawn from the same population and will utilize parking spaces simultaneously (e.g. parents and children ride in the same vehicle to the church campus and then separate to attend either church or religious education classes). It should also be noted that a number of existing buildings will be demolished concurrently with the construction of the new building. With the removal of 18,000 square feet of existing buildings, the net effect of the new building (which is approximately 36,000 square feet) is only an addition of 18,000 square feet (36,000 minus 18,000). Even at a high intensity commercial calculation of one parking space for every 250 square feet, this would only amount to a requirement of 72 parking spaces, considerably less than the 250 parking spaces the church currently provides. In addition to those 250 spaces, the church has a written agreement with the neighboring school to share the school's 200 parking spaces. For all of these reasons, no new parking spaces are proposed. The parking study submitted by the applicant is attached to this memorandum. Please bear in mind that this application only concerns the first phase of development for the church. If and when the church is able to pursue additional phases, the parking situation will be re- evaluated based on the demands of the additional phases. But at this point, the existing parking more than accommodates this first phase. Provisions in the existing Planned Unit Development (PUD 7) The existing PUD provides for church and church related use. It contains no limitations on square footage nor does it define church related uses. Essentially, the PUD is wide open with respect to future expansion. PUD 7 is attached to this memorandum. Summary The development standards and landscaping requirements included in the PF -2 district exceed those originally adopted by PUD 7. Should the church wish to expand beyond 20,000 square feet of accessory uses, it will be required to seek PF -3 (Public Facilities — High Intensity) zoning. An application to PF -3 will trigger an additional level of review with respect to transportation impacts. By adopting PF -2 zoning, square footage restrictions, none of which exist in PUD 7, will be put in place to regulate unrestricted building expansion. With respect to Mr. Daniel Kolar's concerns heard at the August 12, 2004, City Council public hearing, the proposed rezoning provides better protection for church neighbors since it contains safeguards against unrestricted building expansion. It should also be noted that the church has no plans to develop the property adjacent to Mr. Kolar's residence. First Baptist Church Rezoning from PUD and SF -2 to PF -2 3.438 Acres ON-SITE PARKING SPACES LOT A- 08 SPACES LOT C- 57 SPACES SANCT LOT- 18 SPACES OFF AUST AVE- 13 SPACES OFFICE LOT- 40 SPACES LOT B- 22 SPACES LOT E - 36 SPACES BLMR LOT- 16 SPACES TOTAL- 310 SPACES AUSTIN AVE. 50 100 200 EXISTING SITE PLAN FIRST BAPTIST CHURCH ROUND ROCK _ 0 to O O s 3 a ,- 0 04 N BAKER AICKLEN r � & ASSOCIATES, INC. Q ENGINEERS /SURVEYORS 109 L HMM Bi., Burt 20, Ramo Rm, Tvu 90664 00151212449620 p GM 1510 2409620 iiP COSTING CHURCH PARKING LOT MEN. 0.4 ----- - - - - -J II =war Amor -- 9 a um es mem. MO OIN '*Qtk, 4R 7.1 00 00 4030 20 20 0 SCALE 1 = 60' 05 PHASE 1 FIRST BAPTIST CHURCH r N.T.S. PHASE THREE CHAPEUKITCHEN RENOVATE EXIST.8ANCTUARY 6,700 8F FOOTPRINT PHASE TWO SANCTUARY 1500 CAP. 32.300 S.F. FOOTPRINT 67,000 SF. BUILDING AREA EXISTING SANCTUARY 22,000 s.f. BUILDING AREA AUSTIN AVE. MASTER PLAN FIRST BAPTIST CHURCH- ROUND ROCK TEXAS ALL PROPOSED BUILDINGS TO BE TYPE 1 A NON-COMBUSTIBLE CONSTRUCTION, FULLY SPRNICLERED PHASE ONCE 2 -STORY EDUC. BLDG. 17,600 SF. FOOTPRINT 36.000 SF. BUILDING AREA EXISTNO ACTIVITIES BULDNO 18,000 s f. BULDNO AREA w w EXISTING TWO -STORY EDUCATION BIE.DING 18,7O06.f. 811.DNO AREA a�. PROPO8ED PLAYGROUND PEW PERVIOUS COVER/ 1- F- Li) J CO 1500-- isivdmic miss IN =ME MOM 4z 9 3' 64- •25 3/9 470 •271 ■ • \ ■ ■ 22 7t s4 /tf 3 61.12 4 6 5- /637 N 4 8971 5 6 TS \-3 9 x82 6 6 43m 7t 9 0.30 7 9 SO 7 9330 8 ' 3 72 0 0.30 b 4 /6 30 23 /9 2 0 0 t 7 8 3 �2f T 4 n 54 /2 3 9 ! / O Z. SO 3) L V) /O 11 6 7 /5 45 /vf / 4 3 /3 6 s 2 9 h L b /0 4 //d /J1 7 /2 /5 15 /25 25 G S /4 3 Z /S JO /2 9 /3 8 1f N 6 S /C a 0 /9 O L m 11II Geor9efown / 9 L /3 4 21 6 /2 115 7 S /6 Bag dad /7 /1 /3 87 /25 /6 4 /7 /9 20 80 0 Q 6 5 4 f 94 /z 5 3 2 /9 ID 9 /S 36 /25 27 6 5 3 /t /0 9 8 7 6 t /a5 4 80 9 9 9 6 9 8 /2 AREA [ACRE] 1.5 r_opoS1b Tc [MINUTES 6.0 0.78 11 6 116 , 2= 3c,9 6 PARK1b>iREDUIRED• 'CITY 'TAS ACCESIBLITY PARKING REQUIREMENT: EXISTING DRAINAGE CALCULATION'S Gm I 0.86 1 9.51 gee TOTALS 229 13 4 4 OF ROUND ROCK PARKING REQUIREMENT: REMARKS 11.50 1 11.12 1 14.84 I EXISTING GRATE INLET C _______PARKING TABULATION: PARKING P1 EX. STANDARD COM PACT H.C. H.C. TOTAL PARKING STD. VAN LOT Ct!uaLvlL of at C17 7 �a v r _.,, 2 'fog) fjL- 35,952_ ? 4�i S t`ft -L N D 33 art Pat) 6 • 131 -Del Mar tN USA SIMUt/Tf says A5 PARKING BETWEEN 201 TO 300 = 7 SPACES REQ`D 1 IN EVERY 8 ACCESIBLE SPACES REQUIRED TO BE VAN 95 13 0 0 108 57 0 0 0 57 15 0 3 0 18 10 0 1 2 13 38 0 0 2 40 14 0 0 0 1 4 250 EX. SANCTUARY SEATING CAPACITY FOR WORSHIP = 750 SEATS 1 SPACE / 3 SEATS IN PLACE OF WORSHIP = 250 SPACES eel 6 /WAZ ': .v 1 4= ;•%st i5FAL 0 U D /k f� Add we feG A.t.le.e, 10883 ORDINANCE NO Z - 93-0- ,2 p - r AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE THE DESIGNATION OF ROUND ROCK ORIGINAL PLAT, BLOCK 32, LOTS 1 - 3, A PORTION OF LOT 6, AND LOTS 7 - 11, BLOCK 33, LOTS 1 - 5 AND LOTS 6-8, AND BLOCK 43, LOTS 9 AND 10, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C -1 (GENERAL COMMECIAL) AND DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 7. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to change the zoning classification of the property described in Exhibit "A" from District C -1 (General Commercial) and District SF -2 (Single Family- Standard Lot) to District P.U.D. (Planned Unit Development) No. 7; 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 21st day of January, 1993, 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 zoning classification of the above described property be changed from District C -1 (General Commercial) and District SF -2 (Single Family - Standard Lot) to District P.U.D. (Planned Unit Development) No. 7 and, WHEREAS, on the 28th day of January, 1993, after proper notification, the City Council held a public hearing on the requested change, and WHEREAS, the City Council has determined that substantial changes in conditions have occurred which justify the zoning classification change provided for herein, and WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A, OFFICIAL RECORDS tAWILLIAMSON COUNTY, TEXAS voL22..752hG Texas Local Government Code, 1990 Edition and Section 11.305(2), Code of Ordinances, 1990 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 City Council has hereby determined the Planned Unit Development (PUD) District No. 7 meets the following goals and objectives: (1) PUD No. 7 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (2) PUD No. 7 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. (3) PUD No. 7 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (4) PUD No. 7 will be developed 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. H. That the Official Zoning Map adopted in Section 11.305 (2), Code of Ordinances, 1990 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 hereby changed from District C -1 (General Commercial) and 1993. vo L 2271 ;0E232 District SF -2 (Single Family - Standard Lot) and shall be hereafter designated as Planned Unit Development (PUD) No. 7, and that the Mayor is hereby authorized and directed to enter into the Planned Unit Development (PUD) agreement attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. 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. Alternative 1. giiu READ, PASSED,and ADOPTED on first reading this OW day o aAt, 1993. Alternative 2. READ and APPROVED on first reading this the day of READ, APPROVED and ADOPTED on second reading this the day of ,1993. ATTEST: ANNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas V 0 L�ac;�`�i �T�4 FPC�IIJ LEGAL DESCRIPTION EXHIBIT A TO 11. VOL L. ZONING ORDINANCE NO. Being certain lots and lot portions out of the Round Rock Original Plat as follows: L Currently zoned District C -1 (General Commercial): block 32, Lots 1 -3, a portion of Lot 6, and Lots 7 -11; block 33, Lots 1 -5. Currently zoned District SF -2 (Single Family - Standard Lot): Block 33, Lots 6-8, and Block 43, Lots 9 and 10. — r- - r VOL2re PACE `t EXHIBIT B TO 1 ZONING ORDINANCE NO.2- 9 3- '/ r g_ /2 F DEVELOPMENT PLAN AND AGREEMENT This agreement (" Development Plan") is made the day of 1993, between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas (hereinafter called the "City"), and The First Baptist Church of Round Rock, having its offices at 306 Round Rock Avenue, Round Rock, Texas, 78664 (hereinafter called the "Developer "). WHEREAS Developer has requested a Planned Unit Development from the City for The First Baptist Church of Round Rock property located within the incorporated limits of the City of Round Rock and more fully described as follows: The City of Round Rock Original Plat Block 32, Lots 1 -3, a portion of Lot 6, and Lots 7 -11; Block 33, Lots 1 -8, and Block 43, Lots 9 and 10. AND WHEREAS the Developer, in accordance with Chapter 11, Section 11.316, Code of Ordinances 1990 Edition, City of Round Rock, Texas is required to submit a Development Plan to the City containing certain terms and conditions for the use and development of the Property; AND WHEREAS the City Council has reviewed the proposed Development Plan and determined that it promotes the health, safety, and general welfare of the citizens of Round Rock and that it complies with the intent of the Planned Unit Development Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set 2 voi 22'75p AG..2�5 forth, the City and the Developer covenant and agree as follows: 1. DEVELOPMENT AND USES: The Property shall be developed for the following purposes only: Principal and accessory buildings and uses that relate to the First Baptist Church of Round Rock; these include paved parking spaces and maneuvering aisles, as generally shown on the concept plan attached hereto as Exhibit "A ". The concept plan is hereby incorporated into and made a part of this Development Plan. 2. GENERAL COMPLIANCE: The Developer shall comply with all the requirements and restrictions depicted in this Development Plan, and in Exhibit "C ". Unless specifically waived by this Development Plan or the Planned Unit Development Ordinance of the City of Round Rock, the Developer shall also comply with all other applicable ordinances of the City of Round Rock. 3. CHANGES TO THE DEVELOPMENT PLAN: After this Development Plan has been accepted and approved by the City Council, any substantial alterations shall be re- submitted for consideration to the City Council following the same procedure required in the original adoption of this Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept of the Planned Unit Development may be approved by the Director of Planning. 4. LAND USE AND BUILDING TYPES: No building shall be erected, altered or permitted on any lot for a use other than a church or church related use. Accessory buildings and structures are also permitted, as generally shown on Exhibit 5. PARKING: Parking shall be established as generally shown on Exhibit „ 0L 2275P „�t2 6. LANDSCAPING: 3 a. The Developer agrees to install landscape improvements and sprinkler systems particularly described on Exhibit "A” in the areas designated on Exhibit "A ". The landscape improvements and sprinkler systems shall be equivalent of the sum of twenty thousand dollars ($20,000.00). b. The parties acknowledge and agree that the Texas Department of Transportation will begin making certain improvements to Round Rock Avenue after this Development Plan has been executed by the parties and that the Developer shall not be obligated to commence the installation of landscape improvements and sprinkler systems until the Texas Department of Transportation has released the subject right -of -way following completion of improvements to Round Rock Avenue. Except as provided below, the Developer shall commence installation of landscape improvements and sprinkler systems on the subject right -of -way within sixty (60) days after the date that the right -of -way is released by the Texas Department of Transportation. The Developer shall complete the such landscape improvements and sprinkle systems installation within ninety (90) days from the date of its commencement. In event that the Development submits an application for a building permit to the City for construction of a building or buildings on property that abuts the subject right -of -way within sixty (60) days following the date that the right -of -way is released by the Texas Department of Transportation, then the Developer may delay installation of landscape improvements and sprinkler systems so that such installation completed within ninety (90) days after the date of 4 v 237 completion of the building or buildings described in the application for building permit. c. The City may delay commencement of the installation of landscape improvements and sprinkler systems by the Developer for up to one hundred twenty (120) days, to insure that the landscaping is installed by the Developer during an appropriate planting season. d. As consideration for the Developer's installation of landscape improvements and sprinkler systems on the right -of -way of Round Rock Avenue abutting its property as described above, the City shall adopt the ordinance attached hereto as Exhibit "B" which vacates and closes that portion or Brown Street lying between Round Rock Avenue and Austin Avenue more particularly described by metes and bounds in Exhibit "C ". The City shall adopt the ordinance attached hereto as Exhibit "B" after Brown Street at its connection with Round Rock Avenue is blockaded and /or barricaded by the Texas Department of Transportation during its construction of improvements to Round Rock Avenue so that Brown Street lying between Round Rock Avenue and Austin Avenue is no longer usable as a through street for public access. 7. MAINTENANCE OF LANDSCAPING: The Developer shall be responsible in perpetuity for the maintenance of all landscape improvements, sprinkler systems and landscaping designated on Exhibit "C ". Maintenance requirements include: prompt removal of all litter, trash and waste; lawn mowing, tree and plant trimming; and watering of landscaped areas. 8. TEMPORARY STRUCTURES OR EMPLACEMENTS: No structure or V0 L 22 /i.tFAL 238 5 J emplacement of a temporary character, mobile home, trailer, derelict, junk or racing motor vehicle, or any motor vehicles without a current license tag, or any tent, shack, barn or other outbuilding shall be erected, placed, driven onto, altered or permitted to remain on any lot at any time, either temporarily or permanently. No unenclosed outdoor storage shall be permitted. This provision shall not apply to vehides, equipment or temporary structures utilized by Developer, or contractors or subcontractors when engaged in construction or repair work, or such work as may reasonably be necessary for the completion of the improvements constructed on the property. 9. TEXAS WATER COMMISSION: According to State of Texas requirements, construction plans shall be required to be submitted to and reviewed by according to the Texas Water Commission ( "TWC ") requirements. Utility designs and water quality ponds shall be approved for this tract according to TWC requirements prior to construction. This tract is located over the North Edwards Aquifer recharge zone. 10. FENCES: Required fences shall be of a privacy type construction to be approved by the Director of Planning. 11. STORMWATER DETENTION: All applicable City of Round Rock stormwater drainage policies shall be complied with. 12. IDENTIFICATION SIGN: The identification sign as depicted in Exhibit "A" shall be authorized upon removal of the existing onsite church sign. 13. REPRESENTATION: It is understood and agreed that the City has made no representations, covenants, warranties, guarantees, promises or rot. 5PACE agreements (verbal or otherwise) with the Developer other than those in this Development Plan. 14. RECORDATION: This Development Plan shall be construed as running with the land and shall be recorded in the official deed records of Williamson County. 15. INTERPRETATION: Whenever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or body corporate or politic where the context or the parties so require. 16. AMENDMENT: The terms of this Development Plan may be altered only in accordance with Section 3 of this Plan. 17. INCORPORATION: All Exhibits referred to are hereby incorporated into and made a part of this Development Plan. 18. LEGAL AND REGISTRATION FEES: The Developer agrees to pay all of the legal and recording costs incurred by the City in the preparation and recording of this Development Plan. 19. BINDING: This Development Plan shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the said parties to the Development Plan have 1 hereunto set their hands and seals this 7 - day of � 04u 1993. J DEVELOPER The First Baptist Church of Round Rock By: tk 4 L drM• E . ri!c Ne2y By: ( ZW) /.Prt�A.r L . (,a ,'ll, 6 By Yus fee F).,,k g, 7- 1,1 le e_ vol 2275pg <24" STATE OF TEXAS COUNTY OF WILLIAMSON . This instrument was acknowledged before me on this,+Zday of `c'bfa�7,(1993 by P44 /,/,-r„7 / trustee of First Baptist Church of Round Rock, a Texas corporation, /on behalf of said corporation. �q `&, JEANY JENKINS � � w NOTARY PUBLIC State of Texas 4 "'eo v le * � Ccmm. Exp. 08.11.46 STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on thisr, day of F�k«� y } � 1993 by .L , (,c.% /7,4 ',n /'P I r `n , trustee of First Baptist Church of Round Rock, a Texas corporation, on behalf of said corporation. JEANY JENKINS NOTARY PUBLIC State of Texas C9inm, Exp. 08-11 -96 STATE OF TEXAS COUNTY OF WILLIAMSON . by &GA W. Mamie -N Rock, a Texas corporation, on behalf of said corporation. i G _ �i N tary .1r' c ate of Texas nted I ale- y commi ' on expires: 7.1 y commissi. expires: This instrument was acknowledged before me on this ` day of ' , 1993 , trustee of First Baptist Church of Round Notary Public, State of Texas Printed Name: My commission expires: CITY OF ROUND ROCK, TEXAS By 7 " Mike Robinson, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on this day of , 1993 by , on behalf of The First Baptist Church of Round Rock. STATE OF TEXAS COUNTY OF WILLIAMSON . CHRISTINE R. Mi.4RTINEZ Notary Public. SW, of Texas 1 7 My Comm rcsiou E.roi.as JUNE 22, 1%193 7 VGL 24.O 5P„ % 241 Notary Public, State of Texas Printed Name: My commission expires: This instrument was acknowledged before me on thisAg day of 911 t 1993 by Mike Robinson, Mayor of the City of Round Rock. 0 if VI r Notary Public, S atep?f Texas Printed Name: C/4 K151 K. mn � /r y My commission expires: NTS EXHIBITS A - (Concept Plan) and A -2 (Landscape Plan) ARE ON FILE IN THE CITY SECRETARY'S OFFICE CITY OF ROUND ROCK, TEXAS 'JO!_ 2275,;H. (,;. 243 VoL 275FgE244 EXHIBIT B TO DEVELOPMENT PLAN AND AGREEMENT ORDINANCE NO. AN ORDINANCE ABANDONING THAT PORTION OF BROWN STREET LYING BETWEEN ROUND ROCK AVENUE AND AUSTIN AVENUE; RETAINING A PUBLIC UTILITY EASEMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. The City Council of Round Rock, Texas, after due investigation and consideration, has determined that the nature and extent of the public use and public interest warrant the abandonment of that portion of Brown Street as described in this ordinance. II. That portion of Brown Street lying between Round Rock Avenue and Austin Avenue and more particularly described by metes and bounds in Exhibit "A ", said exhibit being attached hereto and made a part of this ordinance, is hereby abandoned, vacated and closed insofar as the right, title or easement of the public is concerned. The City Council has determined that this portion of Brown Street is no longer required for public access and the public interest will be served by this abandonment. There is however, a public utility easement hereby reserved across the entirety of the abandoned portion of Brown Street. III. That the abandonment provided for herein shall extend only to the public right, title and easement in and to the tracts of land OR01283F described in Part I of this ordinance, and shall be construed only to that interest the governing body of the City of Round Rock may legally and lawfully abandon. N. 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. 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 , 1993. Alternative 2. READ and APPROVED on first reading this the day of , 1993. READ, APPROVED and ADOPTED on second reading this the day of , 1993. ATTEST: JOANNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 2. VOL 22 /5n,::245 z -gin-- EXHIBIT.0 TO DEVELOPMENT PLAN AND AGREEMENT VOL 22 rryy 5PAbE 6 (Page 1) FIELD NOTES BEING a part of the Original Town of Round Rock, Williamson County, Texas, according to the maps or plats thereof recorded in Volume 20, Page 224 and Volume 25, Pages 314 -315, Deed Records of Williamson County, and Cabinet A, Slide 190, Plat Records of Williamson County, being all that part of Brown Street bounded on the north by Austin Street, on the east by Block 33, on the south by Round Rock Avenue, and on the west by Block 32 of the Original Town of Round Rock, said portion of Brown Street being more particularly described by metes and bounds as follows. to wit: BEGINNING at an iron rod found at the southeast corner hereof, said iron rod being the southwest corner of Lot 5, Block 33, Original Town of Round Rock, and being the intersection of the north line of West Liberty Street and the east line of Brown Street; THENCE N 80° 54' 56" W a distance of 89.64 feet with the north line of Round Rock Avenue to an iron rod found at the southwest corner hereof, said iron rod being the southeast corner of Lot 1, Block 32. Original T of Round Rock, and being the intersection of the north line of Round Roc + Avenue and the west line of Brown Street; THENCE N 17° 21' 12" W a distance of 230.00 feet with the west line of Brown Street and the east line of said Block 32 to an iron rod found at the northwest corner hereof, said iron rod being the northeast corner of Lot 11, Block 32, Original Town of Round Rock, and being the intersection'of the west line of Brown Street and the south line of Austin Street; THENCE N 72° 35' E a distance of 79.97 feet with the south line of Austin Street to an iron rod found at the northeast corner hereof, sid iron ro.l being the northwest corner of Lot 6, Block 33, Original Town of"Round Rock, and being the intersection of the south line of Austin Street and the east line of Brown Street; THENCE S 17° 25' E a distance of 270.00 feet with the east line of Brown Street and the west line of said Block 33 to the Place of Beginning, ' containing 20,027 square feet of land. Stan Coalter, RPS, ISIS 12 -30 -92 EXHIBIT C Pa 2 2 SKETCH TO ACCOMPANY FIELD NOTES PT. of the Original Town of Round Rock, Vol. 20, Pg.224,.Vo1.25,Pg.314- 315, Deed Records Williamson Co.,Cabinet A,Slide 190, Plat Records Williamson County, Texas V 0- DENOTES IRON ROD FOUND 12 -30 -92 Aba Boned Alley ORD-1 247 12 -6.73 AUSTIN STREET A 72 ° 35'£ q 5. � Y V ' J gyFNUq WEST LIBERTY STREET steams POINT , FOR f /ELO NOTES C;1 First Baptist Church 04-012-Z REQUEST: HISTORY: ADJACENT LAND USE: STAFF COMMENTS: Planner: Susan Brennan Approval of the zoning change from Planned Unit Development (PUD) and SF -2 (Single Family Standard Lot) to the proposed PF -2 (Public Facilites — Medium Intensity) zoning district Approximately 3 acres of this 3.438 acre tract was zoned Planned Unit Development in 1993. The intent behind the development of the PUD was to assist the First Baptist Church in delineating boundaries for its church campus and to establish perimeter landscaping requirements. The remaining .5 acre is currently zoned SF -2. DATE OF REVIEW: 7/7/2004 OWNER: First Baptist Church of Round Rock CONSULTING ENGINEER: Baker - Aicklen & Assoc., Inc. DESCRIPTION: 3.438 acres, Wiley Harris Survey, A -298 PRESENT ZONING: PUD & SF -2 PRESENT LAND USE: church facilities LOCATION: South of W. Austin Avenue, west of Blair Street and north of Round Rock Avenue and Liberty Avenue North: Church Parking and Single Family South: Round Rock Avenue & Liberty Avenue East: Single Family and Commercial West: Round Rock Avenue PROPOSED LAND USE: Expanded church facilities GENERAL PLAN POLICY: Commercial UTILITIES: The development proposes standard municipal services. First Baptist Church wishes to expand its facilities to provide space for religious education and for a mother's day out program. The proposed PF -2 (medium intensity) district allows accessory uses up to 20,000 square feet. In its definition of "Place of Worship," the Zoning Ordinance distinguishes RECOMMENDATION: 3.438 acres of land between those church uses considered part of the principal permitted use and those considered to be accessory uses: Place of Worship — A use located in a permanent building, except where otherwise provided for in this Chapter, providing regular organized religious worship. Parsonages, rectories, and buildings providing classroom space for religious education shall be considered part of the permitted principal use. Accessory uses shall include but are not limited to primary or secondary educational facilities, offices, community recreational facilities and day care facilities including facilities for mother's day out programs. The church expansion proposes approximately 17,500 square feet of proposed accessory use as defined by the Zoning Ordinance. Accordingly, staff recommends the proposed PF -2 (medium intensity) district to accommodate the church facility. The PF -2 district permits up to 20,000 square feet of accessory use. By dissolving the PUD established in 1993, the church facilities will come into conformity with the City's Zoning Ordinance, provided City Council approves the proposed PF -2 (Public Facilities — Medium Intensity) zoning district. The development standards and landscaping requirements included in the proposed PF -2 district exceed those originally adopted by the PUD. Should the church wish to expand beyond 20,000 square feet of accessory uses, it will be required to seek PF -3 (Public Facilities — High Intensity) zoning. An application to PF -3 will trigger an additional level of review with respect to transportation impacts. Staff recommends approval of the zoning change from Planned Unit Development (PUD) and SF -2 (Single Family Standard Lot) to the proposed PF -2 (Public Facilites — Medium Intensity) zoning district.