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Z-04-11-23-8C1 - 11/23/2004ORDINANCE NO. Z 0 Li- ! )- � 3 -2 I AN ORDINANCE CORRECTING ORDINANCE NO. Z- 02- 09- 26 -10D3 TO INCLUDE THE ADDITION OF THE PV (PALM VALLEY OVERLAY) DISTRICT WHICH WAS OMITTED ON THE ORIGINAL ZONING OF 17.78 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, 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 17.78 acres of land, more or less, 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 and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 28th day of August, 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 Exhibit "A" be zoned as District C -1 (General Commercial) to include the PV (Palm Valley Overlay) District, and WHEREAS, on the 26th day of September, 2002, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determined to adopt the Planning and Zoning Commission's recommendation that the property described @PFDesktop \:: ODMA /WORLDOX /O: /WDOX /ORDINANC /09112301. WPD /vr in Exhibit "A" be zoned as District C -1 (General Commercial) to include the PV (Palm Valley Overlay) District, and WHEREAS, the City Council adopted Ordinance No. Z- 02- 09 -26- 10D3 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 Ordinance No. Z -02- 09-26-10D3 should be corrected to include the PV (Palm Valley Overlay) District with the original zoning adopted in said Ordinance for the property described in Exhibit "A ", 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 Section I of Ordinance No. Z- 02- 09- 26 -10D3 is amended in its entirety and replaced with the following: "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 -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. QiL READ, PASSED, and ADOPTED on first reading this f day of 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. WELL, Mayor City of Round Rock, Texas 3 ATTEST: CHRISTINE R. MARTINEZ, City Secretary 4 17.78 Acre Tract Page 1 of 3 EXHIBIT $ ,n " DESCRIPTION FOR A 17.78 ACRE TRACT OF LAND SITUATED IN THE P. A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A CALLED 88.411 ACRE TRACT OF LAND AS DESCRIBED IN THAT PARTITION DEED TO RRE INVESTORS, L.P. AND RECORDED AS DOCUMENT NO. 9919729 OF THE OFFICIAL RECORDS OF SAID COUNTY, SAID 17.78 ACRE TRACT AS SHOWN ON THE ACCOMPANYING SKETCH IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING on a Y2 iron rod found for the northeast corner of Lot 2, Round Rock Express Subdivision, Section One, a subdivision recorded in Cabinet S, Slides 156 — 160 of the Plat Records of said county, same being an angle point in the south line of Lot 4, of said Round Rock Express Subdivision, same being the northwest corner hereof; THENCE with the south line of said Lot 4, N 49° 31' 55" E a distance of 557.48 feet to the most northerly northeast comer hereof, from which a Y2" iron rod found on an angle point in the south line of said Lot 4 bears, N 49° 31' 55" E a distance of 42.52 feet; THENCE through the interior of said 88.411 acre tract, the following two (2) courses and distances: I) S 26° 05' 07" E a distance of424.81 feet to an interior ell comer hereof, and 2) N 63° 37' 24" E a distance of 736.10 feet to a point on the east line of said 88.411 acre tract, same being the west line of a called 201.992 acre tract of land as described in that deed to 17.78 Acre Tract Page 2 of 3 Continental Homes of Texas, L.P. and recorded as Document No. 9908540 of the Official Records of said county, for the most easterly northeast comer hereof; THENCE with the east line of said 88.411 acre tract, same being the west line of said 201.992 acre tract, S 03° 28' 27" E a distance of 434.23 feet to a point on the north right -of -way line of said U. S. Highway No. 79, as described in that deed to the City of Round Rock and recorded in Document No. 200001729 of the Official Records of said county, for the southeast comer hereof; THENCE with the north right -of -way line of said U. S. Highway No. 79, S 63° 37' 24" W a distance of 1412.56 feet to a point on the east line of said Lot 2, for the southwest comer hereof; THENCE with the east line of said Lot 2, N 02° 22' 10" W (Basis of Bearings) pass a 'A" iron rod found at a distance of 0.46 feet, continuing for a total distance of 754.32 feet to the POINT OF BEGINNING and containing 17.78 acre of land. BAKER - AICKLEN & ASSOCIATES, INC. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 (512) 244-9620 Job No.: 1038-2-001 -21 Filename: W:\PROJECTS RREXPRES\SKETCHUIETES & BOUNDS R5E PUD.DOC NUMBER DIRECTION DISTANCE LI N 49°31'55" E 42.52' L2 N 02 W 0.46' yyp2`', Oy•1 P vt'vrcsi° 4.f co 4 O G ' p v Q O O � ::1 5ry 2: y co O1 0 q4,,, f v • • • SKETCH TO ACCOMPANY DESCRIPTION L 4, ROUND ROCK EXPRESS SUBDIVISION, SECTION ONE CAB. S. SLIDES 156 - 160 gl'5 N 49 ° 3 .55 . POINT OF BEGINNING P. A. 1 —J0L17 1' S1.J.R A 1NIQ. 297 CITY OF ROUND ROCK VOL. 1760. PG. 451 CALLED 316.85 ACRES U.S. HIGHWAY NO. 79 MISSOURI PACIFIC RAILROAD (R.O.W. WIDTH VARIES) 0. 5 7,40 1 17.78 ACRES LI RRE INVESTORS, L.P. PARTITION DEED DOC. NO. 9919729 CALLED 88.411 ACRES $ 63 °37'24" W 1412.56' \___ADOITIONAL R.O.W. PER DOC. NO. 2000001729 RRE INVESTORS, L.P. PARTITION DEED DOC. NO. 9919729 CALLED 88.411 ACRES DATE: AUG. 2002 JOB NO.: 1038- 2-001 -21 97: M. NOLEN PAGE 3 OF 3 SCALE: I" = 200' WILLIAMSON COUNTY, TEXAS LEGEND • y2" IRON R00 FOUND N 63 °37'24" E 736.10' vi4 BAKER- AICKLEN 6i ASSOCIATES, ES, INC. ENGINEERS /SURVEYORS FILE NAME: RREXPRES \SKETCH \DWG \RRE PUD.OWG PLOT DATE: AUGUST OB, 2002 Round Rock Express Addition of the Palm Valley Overlay ta < e‘• Dell Diamond Subject Tract 17.78 acre DATE: November 18, 2004 SUBJECT: City Council Meeting — November 23, 2004 ITEM: 8.C.1. Consider an ordinance amending the zoning on 17.78 acres of land (Round Rock Express) to include the PV District (Palm Valley Overlay). (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Director Justification: On September 26, 2002, this 17.78 acre tract was proposed to be zoned C -1 (General Commercial) with Palm Valley Overlay district zoning. This tract lies immediately east of the Dell Diamond Tract. The ordinance prepared for the zoning application inadvertently omitted the language adopting the Palm Valley Overlay district. With City Council adoption, the tract was zoned C -1 only. The 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 tract will be zoned C -1 -PV District (General Commercial with Palm Valley Overlay). Funding Cost: N/A Source of funds: N/A Outside Resources: RRE Investors, L.P. Background Information: The Planning and Zoning Commission held a public hearing on August 28, 2002. The Planning and Zoning Commission recommended for original zoning of C -1 (General Commercial) with Palm Valley Overlay district zoning. City Council held a public hearing on September 26, 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. Public Comment: Public notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance.