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Z-04-09-09-10A1 - 9/9/2004NI Z- 04- 09 - 09 -10A I Rezoning 13.184 acres. Jon Robert Boede Tract) @PFDesktop \:: ODNA /WORLDO% /0: /WDOX /ORDINANC /0409 @9A1.WPD /sc ORDINANCE NO. Z 04 09-0Q- /0I 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 5.004 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT SF -1 (SINGLE FAMILY -LARGE LOT) TO DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT), AND TO REZONE 8.180 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY TEXAS, FROM DISTRICT C -1 (GENERAL COMMERCIAL) TO DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT), TOTALING 13.184 ACRES. 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 5.004 acres of land, 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, from District SF -1 (Single Family -Large Lot) to District SF -2 (Single Family - Standard Lot), and to rezone 8.180 acres of land, out of the P.A. Holder Survey, Abstract No. 297, in Round Rock, Williamson County, Texas being more .fully described in Exhibit "B" attached hereto, from District C -1 (General Commercial) to District SF -2 (Single Family - Standard Lot), totaling 13.184 acres of land, 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 llth day of August 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" and Exhibit "B" be zoned as District SF -2 (Single Family- Standard Lot), and WHEREAS, on the 9th day of September, 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" and Exhibit "B" is hereafter designated as District SF -2 (Single Family- Standard Lot). 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 1- day of 42. _ J11 —C& 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. 3. ATTEST: AI /44 CHRISTINE R. MARTINEZ, City Secreta WELL, Mayor Ci y of Round Rock, Texas 4. 1 EXHIBIT „ 1 METES AND BOUNDS DESCRIPTION BEING A TRACT OF LAND CONTAINING 5.004 -ACRES OF LAND SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING ALL OF A CALLED 5.004 -ACRE TRACT OF LAND CONVEYED TO JON ROBERT BOEDE BY INSTRUMENT RECORDED IN DOCUMENT NO. 9738935 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 5.004 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found on a point in the southerly boundary line of a called 18.006 -acre tract of land conveyed to Jon Robert Boede as recorded in Document No. 199936102 of said Official Records, same being the northwest corner of Lot 2, Round Rock Ranch Phase One, Section One, as recorded in Cabinet J, Slide 139 of the Plat Records of Williamson County, Texas for the northeast corner and POINT OF BEGINNING hereof; THENCE with the common boundary line of said Boede 5.004 -acre tract and Lot 2, S2 ° 29'50 "E for a distance of 617.22 feet to a 1/2" iron rod found at the southeast corner of the said 5.004 -acre Boede tract, same being the northeast corner of a called 2.00 -acre tract of land conveyed to Victor Joseph Oscar and wife, Joann Lorraine Oscar, for the southeast corner hereof; THENCE with the common boundary line of said Boede 5.004 -acre tract and in part with the said Oscar 2.00 -acre tract, and in part with a called 2.00 -acre tract of land conveyed to Jose Alas and Gladys Alas as recorded in Document No. 9660747 of said Official Records, S88 ° 07'47 "W for a distance of 345.27 feet to a 1/2" iron rod found at the southwest corner of the said 5.004 -acre Boede tract, same being the southeast corner of a called 9.2366 -acre tract of land conveyed to Jon Robert Boede as recorded in Document No. 9738936 of said Official Records, for the southwest corner hereof; THENCE with the common boundary line of said Boede 5.004 -acre tract and said 9.2366 -acre Boede tract, N2 ° 34'43 "W for a distance of 643.87 feet to a 1/2" iron rod found at the northwest corner of the said 5.004 -acre Boede tract, same being the northeast corner of said 9.2366 -acre Boede tract, same being a point in the aforementioned southerly boundary line of the 18.006 -acre Boede tract, for the northwest corner hereof; THENCE with the common boundary line of said Boede 5.004 -acre tract and said 18.006 -acre Boede tract, S87 ° 28'22 "E for a distance of 347.50 feet to the POINT OF BEGINNING hereof and containing 5.004 acres of land, more or less. DIAMOND SURVEYING, INC. 516 LEANDER ROAD, GEORGETOWN, TX 78626 (512) 931 -3100 SHANE SHAFER, R.P /L.S. No. 5281 Date 1 c 2 r o, in M r in Z AARON THOMISON 2.00 AC 2288/756 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR REZONING AN 8.180 -ACRE TRACT AND A 5.004 -ACRE TRACT JON ROBERT BOEDE CALLED 18.006 ACRES DOC. 199936102 S87'37 '41"E 539.58' JON ROBERT BOEDE 8.180 ACRES (REMNANT PORTION OF CALLED 9.2366 AC.) DOC. 9738936 CCW CURVE DATA: RADIUS-5050.00' DELTA= 09 2'19" AL =18.10' CH =N2'48'26 "W 18.10' POINT OF BEGINNING 8.180 ACRE TRACT S88'09'17 "W 535.95' AARON THOMISON 2.00 AC 2511/972 1 JOSE ALAS, GLADYS ALAS 2.00 AC DOC. 9660747 I, Shane Shafer, Registered Professional Land Surveyor in the State of Texas, hereby certify that this plat represents a survey made on the ground under my direct supervision, completed on June 11, 2004. At the time of this survey there were no encroachments, conflicts, or protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was performed without the benefit of a Title Commitment. USE OF THIS SURVEY BY OTHER PARTIES SHALL BE AT THERE OWN RISK AND UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY AO9t? RESULTNIG ..THEREFROM. DATE N8728'22 'W 347.50' JON ROBERT BOEDE 5.004 AC DOC. 9738935 S88•07'47 "W 345.27' VICTOR JOSEPH OSCAR AND WIFE 2.00 AC 1609/854 POINT OF BEGINNING 5.004 ACRE TRACT SCALE: 1"= 150' LEGEND • = IRON R00 FOUND ROUND ROCK INDEPENDENT SCHOOL DISTRICT 14.72 AC VOL. 1614, PG. 738 DIAMOND SURVEYING, INC. 426 LEANDER ROAD, GEORGETOWN, TX 78626 (512)931 -3,00 EXHIBIT 9 "B" METES AND BOUNDS DESCRIPTION BEING A TRACT OF LAND CONTAINING 8.180 -ACRES OF LAND SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING ALL OF THE REMNANT PORTION OF A CALLED 9.2366 -ACRE TRACT OF LAND CONVEYED TO JON ROBERT BOEDE BY INSTRUMENT RECORDED IN DOCUMENT NO. 9738936 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 8.180 -ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found on a point in the southerly boundary line of a called 18.006 -acre tract of land conveyed to Jon Robert Boede as recorded in Document No. 199936102 of said Official Records, same being the northwest corner of a called 5.004 -acre tract of land conveyed to Jon Robert Boede as recorded in Document No. 9738935 of said official Records, same being the northeast corner of said 9.2366 - acre Boede tract, for the northeast corner and POINT OF BEGINNING hereof; THENCE with the common boundary line of said Boede 9.2366 -acre tract and said Boede 5.004 -acre tract, S2 ° 34'43 "E for a distance of 643.87 feet to a 1/2" iron rod found on a point in the northerly boundary line of a called 2.00 -acre tract of land conveyed to Jose Alas and Gladys Alas as recorded in Document No. 9660747 of said Official Records, same being the southwest corner of the said 5.004 -acre Boede tract, same being the southeast corner of said Boede 9.2366 -acre tract, for the southeast corner hereof; THENCE with the common boundary line of said Boede 9.2366 -acre tract and in part with the said Alas 2.00 -acre tract, and in part with the northerly boundary line of a called 2.00 -acre tract of land conveyed to Aaron Thomison as recorded in Volume 2511, Page 972 of the said Official Records, and in part with the northerly boundary line of a called 2.00 - acre tract of land conveyed to Aaron Thomison as recorded in Volume 956, Page 1 of the Deed Records of Williamson County, Texas, S88 ° 09'17 "W for a distance of 535.95 feet to a 1/2" iron rod found at the southeast corner of a called 1.536 -acre tract of land conveyed to the City of Round Rock, Texas as recorded in Document No. 2002021705 of the Official Public Records of Williamson County, Texas, same being the southwest corner of the said remnant portion of the Boede 9.2366 -acre tract, for the southwest corner hereof; THENCE with the common boundary line of said 1.536 -acre City of Round Rock tract and remnant portion of said 9.2366 -acre Boede tract, the following three (3) courses and distances: 1) N2 ° 32'19 "W for a distance of 137.03 feet to a 1/2" iron rod found on a point of curvature hereof; 2) With a curve to the left having a radius of 5050.00 feet, a delta angle of 0 ° 12'19 ", an arc length of 18.10 feet, and a chord which bears N2 ° 48'26 "W for a distance of 18.10 feet to the point of termination of said curve; 3) N2 ° 45'06 "W for a distance of 529.38 feet to a calculated point, same being a point in the aforementioned southerly boundary line of said 18.006 -acre Boede tract, same being the northwest corner of the remnant portion of said 9.2366 -acre Boede tract, for the northwest corner hereof; THENCE with the common boundary line of said Boede 18.006 -acre tract and said 9.2366 -acre Boede tract, S87 ° 31'41 "E for a distance of 539.58 feet to the POINT OF BEGINNING hereof and containing 8.180 acres of land, more or less. • DIAMOND SURVEYING, INC. 516 LEANDER ROAD, GEORGETOWN TX 78626 (512) 931- .11019 49 -7-e24- SHANE SHAFER, ci.P.L.S. No. 5281 Date 2 cn o r MI N Z 7 AARON THOMISON 2.00 AC 2288/756 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION FOR REZONING AN 8.180 -ACRE TRACT AND A 5.004 -ACRE TRACT JON ROBERT BOEDE CALLED 18.006 ACRES DOC. 199936102 987'31'41"E 539.58' CCW CURVE DATA: RADIUS = 5050.00' DELTA =012'19" AL= 18.10' CH= N2'48'26 "W 18.10' POINT OF BEGINNING 8.180 ACRE TRACT JON ROBERT BOEDE 8.180 ACRES (REMNANT PORTION OF CALLED 9.2366 AC.) DOC. 9738936 S8809'17 "W 535.95' AARON THOMISON 2.00 AC 2511/972 I, Shane Shafer, Registered Professional Land Surveyor in the State of Texas, hereby certify that this -plot represents a survey made on the ground under my direct supervision, completed on June 11, 2004. At -the time of this survey there were no encroachments, conflicts, or protrusions apparent on the ground, EXCEPT AS SHOWN. This survey was performed without the benefit of a Title Commitment. USE OF THIS SURVEY BY OTHER PARTIES SHALL BE AT THERE OWN RISK AND UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE FOR ANY LOSS RESULTING ]'HEREFROM. 7-0 DATE JOSE ALAS, GLADYS ALAS 2.00 AC DOC. 9660747 N8728'22 "W 347.50 JON ROBERT BOEDE 5.004 AC DOC. 9738935 588'07'47 "W 345.27' VICTOR JOSEPH OSCAR AND WIFE 2,00 AC 1609/854 POINT OF BEGINNING 5.004 ACRE TRACT SCALE: 1"= 150' LEGEND • = IRON ROD FOUND ROUND ROCK INDEPENDENT SCHOOL DISTRICT 14.72 AC VOL. 1614, PG. 738 > DIAMOND SURVEYING, INC. t ALrEit ROAD, GEORGErOWN,T% 78626 Jon Boede Tract 13.184 acres (5.004 acres & 8.180 acres) Rezoning from C -1 & SF -1 to SF -2 mon NIIII M�a_ 1 W NW► � 01011,4 10 a I I IIIIIII II1U u —. NIII Subject Tract 13.184 acres Gattis School Road DATE: September 3, 2004 SUBJECT: City Council Meeting - September 9, 2004 ITEM: 10.A.1. Consider an ordinance rezoning 5.004 acres of land from District SF- 1 (Single Family -Large Lot) to District SF -2 (Single Family- Standard Lot), and 8.180 acres of land from District C -1 (General Commercial) to District SF -2 (Single Family- Standard Lot), totaling 13.184 acres. (Jon Robert Boede Tract) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Director of Planning Justification: These 13.184 are surrounded by single - family residential; thus a rezoning to single - family standard lot would provide compatibility of land use for this locality. The current general commercial zoning is not harmonious with the existing residential uses. This rezoning accords with the General Plan 2000. Funding• Cost: None Source of funds: None Outside Resources:, Kimball Hill Homes Austin, LP, owner Background Information: The 13.184 acre tract is located just east of Double Creek Drive and north of Gattis School Rd. The owner is proposing a zoning change to single family standard lot, which would be compatible with the adjoining tract to the north that Kimball Hill Homes also owns. The owner is proposing a moderately small residential development (125 homes). This proposed use is less intense which is more harmonious with existing residential subdivisions to the east and west. Public Comment: Public Notice and a public hearing were held in accordance wit the City of Round Rock's Zoning Ordinance.