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Z-05-09-22-13E1 - 9/22/2005 (2)THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK I, SHERRI MONROE, Assistant City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. Z- 05 -09- 22-13E1, which approves amending a portion of PUD No. 35, Lot 1, Block A, Park Valley Oaks Subdivision to add an ATM as a permissible use. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, on the 22 day of September, 2005. These minutes are recorded in the official City Council Minute Book No. 53. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 20th day of October 2005. 1111,111 11111111113111111111111111111111111111 9 ORD PGS 2005084110 SHERRI MONROE, Assistant City Secretary and ORDINANCE NO. Z.- 05- 0`1 -, , - )3E AN ORDINANCE AMENDING ORDINANCE NO. Z- 99- 01- 28 -A2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 28, 1999, BY ADDING EXHIBIT "D" AND AMENDING EXHIBIT "C" OF PUD NO. 35, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS,on January 28, 1999, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z- 99- 01- 28 -A2, which established PUD No. 35, and WHEREAS,an application has been made to the City Council of the City. of Round Rock, Texas to amend Exhibit "C" of PUD No. 35, WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No Z -99- 01-28-A2 on the 17 day of August, 2005, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z- 99- 01 -28 -A2 be amended, and WHEREAS, on the 22n day of September, 2005, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z- 99- 01- 28 -A2, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z- 99- 01 -28 -A2 promotes the health, safety, morals and 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, Code of Ordinances, 1995 Edition, City of Round Rock, Texas NPFDesktop\= •on,1A /woRrpox /o. /WoOx /ORO INANC/05092 we0 /ctic 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: That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #35 meets the following goals and objectives: (1) The amendment to P.U.D. #35 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #35 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #35 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. LL That Section 2 of Exhibit "C" of PUD No. 35, as approved in Ordinance No. Z- 99- 01- 28 -A2, is hereby amended by adding the words "Drive- through Automated Teller Machines ( "ATM's "), as depicted in Exhibit 'D'" to the list of Permitted and Prohibited Uses for Tract Two. 2 III. That Exhibit "D ", attached hereto, is added to and incorporated into PUD No. 35, as approved in Ordinance No. Z- 99 -01- 28-A2. IV. 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 Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 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. ncC - READ, PASSED, and ADOPTED on first reading this o�aday Alternative 2. READ and APPROVED on first reading this the day of , 2005. 3 READ, APPROVED and ADOPTED on second reading this the day of , 2005. ATTEST: /1 :4 J R Christine Martinez, City Secretary 4 NY r a/', Ma O Round Rock, Texas EXHIBIT D Page 1 of 3 PARK VALLEY DRIVE BAKER- AICKLEN & ASSOCIATES. INC. ENGINEERS /SURVEYORS • EXHIBIT D Page 2 of 3 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. FRONT ELEVATION HadAE INDUSTRIES C.11.1.111. 111.0M Color disclaimer: The Ink colors shown on this rendering provide conceplual colors and graphics localions only. The Ink colors may not match the actual autamollve paint colors or vinyl colors that will be Used on the kiosk or in the sighs. RIGHT ELEVATION COOK'S'. TBD BY CUSTOMER GRAPHICS SIGN Mr: DAIS: REAR ELEVATION LEFT ELEVATION CUNOMN.: ATM VENTURES 17020 SEVEN PINES DRIVE SPRING, TX 77379 JOeY P -4011 SUIL111141 K.. MO Tkl'1 C.l FT w+oos� SVUV °°Ta 1 -4 -05 :.7"' ASH m X w -I 0 2, w Amendment to PUD 35 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005084110 10/20/2005 04:35 PM CARRILLO $48.00 NANCY E. RISTER, COUNTY CLERK UILLIAMSON COUNTY, TEXAS pulse, rte_bYol it Pal c . rn car 3 +. kduYtd , 00?k ,-r)( WU 04 and ORDINANCE NO. 2- 05- 0 Q - - ) 3 � AN ORDINANCE AMENDING ORDINANCE NO. Z- 99- 01- 28 -A2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 28, 1999, BY ADDING EXHIBIT "D" AND AMENDING EXHIBIT "C" OF PUD NO. 35, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS,on January 28, 1999, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z- 99- 01- 28 -A2, which established PUD No. 35, and WHEREAS, an. application has been made to the City Council of the City of Round Rock, Texas to amend Exhibit "C" of PUD No. 35, WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -99- 01-28-A2 on the 17 day of August, 2005, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z- 99- 01 -28 -A2 be amended, and WHEREAS, on the 22n day of September, 2005, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z- 99- 01- 28 -A2, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z- 99- 01 -28 -A2 promotes the health, safety, morals and 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, Code of Ordinances, 1995 Edition, City of Round Rock, Texas ®PPDesktop \::O /wa0LDox /0: /0000 /onnixn00 /050922E1.we17/cdc 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: I. That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #35 meets the following goals and objectives: (1) The amendment to P.U.D. #35 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #35 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #35 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. IL That Section 2 of Exhibit "C" of PUD No. 35, as approved in Ordinance No. Z- 99- 01- 28 -A2, is hereby amended by adding the words "Drive- through Automated Teller Machines ( "ATM's "), as depicted in Exhibit 'D'" to the list of Permitted and Prohibited Uses for Tract Two. 2 III. That Exhibit "D ", attached hereto, is added to and incorporated into PUD No. 35, as approved in Ordinance No. 5-99-01 - 28 -A2. IV. 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 Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution 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 O day Alternative 2. READ and APPROVED on first reading this the , 2005. 3 day of ATTEST: READ, APPROVED and ADOPTED on second reading this the day of , 2005. Christine Martinez, City Secretary a NY • tr, Ma # f Round Rock, Texas EXHIBIT D Page 1 of 3 EXHIBIT D Page 2 of 3 FRONT ELEVATION INDUSTRIES reoeE.'nw x= 11-'r, Color disclaimer: The ink colors shown on this rendering provide conceptual colors end graphics locations only. The ink colors may not match the actual automotive paint colors or vinyl colors that will be used on the kiosk or in the signs. RIGHT ELEVATION COLORS TBD BY CUSTOMER Li0l HL5 5I3N OFF: PATE: REAR ELEVATION LEFT ELEVATION CU5f7MAEIF: tVLE∎• ATM VENTURES 17020 SEVEN PINES DRIVE SPRING, TX 77379 dOe' P -4011 "° °" "936 - 11211 0 F M°oe� 5609 °Ara 1 -4 -05 r — cri 0 Amendment to PUD 35 DATE: September 16, 2005 SUBJECT: City Council Meeting - September 22, 2005 ITEM: 13.E.1. Consider an ordinance to amend a portion of PUD No. 35 (Planned Unit Development), Lot 1, Block A, Park Valley Oaks Subdivision to add an ATM as a permissible use. (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: PUD 35 is divided into two tracts: Tract One is south of Park Valley Drive and Tract Two is north of Park Valley Drive. As noted in the "History" section above, the majority of Tract One was rezoned to PF -3 (Public Facilities - High Intensity) in 2004 and is currently used for the Round Rock Medical Center and a Walgreens store. Tract Two is comprised of roughly 30 acres, with three platted lots fronting Park Valley Drive. The remaining 22 acres north of these lots are unplatted and undeveloped. Of the three platted lots on Park Valley Drive, the westernmost lot is the only lot that is currently developed. It is the site of the Wyoming Springs Medical Center. Another medical office is currently under construction on the lot to the east of the medical center. This medical office site is where the applicant would like to locate a drive - through ATM. Because the permitted uses on Tract Two are limited to residential and medical uses, the addition of an ATM will require an amendment to the PUD to permit this type of commercial /financial use. The proposed location of the ATM has been reviewed by the Development Review Committee and does not present any conflicts with the parking or circulation of the proposed medical office. In addition, the applicant has verified that any lighting associated with the ATM will not be visible from any nearby residences. While the use itself is a bit of a departure from the medical nature of this tract, the scale of the use is minimal to such a degree that it hardly detracts from the intent of the PUD or the overall nature of the development. The draft ordinance amending the PUD, as well as the proposed location and appearance of the ATM, is attached. Funding: Cost: N/A Source of funds: N/A Outside Resources: Jon Sloan, First Texas Bank Background Information: PUD 35 was adopted in 1999. Roughly 41 acres of the PUD was rezoned to PF -3 (Public Facilities - High Intensity) in 2004 for the Round Rock Medical Center. On August 17, 2005, the Planning and Zoning Commission rendered a favorable recommendation to amend the PUD as proposed. Public Comment: Notification was sent out to neighboring property owners and a public hearing was held on August 17, 2005, at the regular meeting of the Planning and Zoning Commission. 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 29.062 acres of land, out of the Willis Donaho Survey, Abstract No. 173 in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A ", attached hereto and incorporated herein, as District SF -2 (Single Family- Standard Lot), and ORDINANCE NO. - 05-04--),-/35S 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 29.062 ACRES OF LAND OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT SF -2 (SINGLE FAMILY - STANDARD LOT). 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 17th day of August, 2005, 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 SF -2 (Single Family - Standard Lot), and @ PFECSktop\:: OWiA/ WO RI .00X /0: /W➢OX /ORDINANC /050922E3. W['P /sc WHEREAS, on the 22nd day of September, 2005, 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 SF -2 (Single Family- Standard Lot). 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 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. w READ, , PASSED, and ADOPTED on first reading this ily day ofy-0111-0_), 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. ATTEST: CHRISTINE R. MARTINEZ, City Secretar WELL, Mayor City of Round Rock, Texas j FIELD NOTE DESCRIPTION FOR A 29.062 ACRE TRACT OF LAND: BEING A TRACT OR PARCEL OF LAND SITUATED IN WILLIAMSON COUNTY, TEXAS, AND BEING OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, AND BEING ALL OF THAT CERTAIN TRACT SAID TO CONTAIN 29 ACRES OF LAND AS DESCRIBED IN A WARRANTY DEED WITH VENDOR'S LIEN TO EDWIN A. CARRELL AND WIFE, FLORENCE M. CARRELL FROM YVONNE CODY DELL, DATED FEBRUARY 15, 1977, AND RECORDED IN VOLUME 663, PAGE 666 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a capped iron rod set (marked RJE &S/RPLS 4160) in the west right -of -way line of County Road No. 117, for the Southeast corner of that certain as described in a deed to Deily M. Coakwell, recorded in Volume 2449, Page 212, of the Deed Records of Williamson County, Texas, for the Northeast corner of the said Carrell 29 acre tract, and for the Northeast corner and POINT OF BEGINNING of the herein described tract; THENCE with the west right -of -way line of said County Road No. 117, South 17 °55'33" East, a distance of 603.24 feet to a capped iron rod set (marked RJE &S/RPLS 4160), for the Northeast corner of the Edwin A. Carrell, et ux 5.00 acre tract as described in said deed recorded in Volume 663, Page 666 of the Deed Records of Williamson County, Texas, and for .the eastern most Southeast corner of this tract; THENCE with the north line of the said Carrell 5.00 acre tract, South 84°18'56" West, a distance of 551.34 feet to a capped iron rod set (marked RJE &S/RPLS 4160), for the Northwest corner of the said Carrell 5.00 acre tract, and for an interior corner of this tract; THENCE with the west line of the said Carrell 5.00 acre tract, South 00 °03'07" East, a distance of 327.97 feet to an iron rod found in the north line of that certain tract of land described as Tract 1 in a Warranty Deed to D. R. Horton — Texas, Ltd. From REG Enterprises, Inc., dated July 6, 2000, and recorded in Document No 2000046291, of the Official Records of Williamson County, Texas, for the Southwest corner of the said Carrell 5.00 acre tract, and for the western most Southeast corner of this tract; THENCE with the north line of the said D. R. Horton tract and the south line of the said Carrell 29 acre tract, the following two (2) courses: South 89 °49'47" West, a distance of 145.06 feet to an iron rod found, for an angle corner of this tract; - EXHIBIT A SHEET 1 OF 2 North 89 °53'39" West, a distance of 1,179.19 feet to an iron rod found in the east line of that certain tract of land as described in a deed to Robert Dillard, recorded in Volume 1390, Page 799, of the Deed Records of Williamson County, Texas, for the Northwest corner of the said D. R. Horton tract, for the Southwest corner of the said Carrell 29 acre tract, and for the Southwest corner of this tract; THENCE with the east line of the said Dillard tract and the west line of the said Carrell 29 acre tract, North 08 °15'31" West, a distance of 585.60 feet to an iron rod found, for the Southwest corner of that certain tract of land as described in a deed to Carson Frank Cross and wife, Jane Etta Cross from Arthur C. Tate and Gregory Roettger, dated November 25, 1983, and recorded in Volume 955, Page 223, of the Deed Records of Williamson County, Texas, for the Northwest corner of the said Carrell 29 acre tract, and for the Northwest corner of this tract; THENCE with the north line of the said Carrell 29 acre tract, North 78°02'12" East, at adistance of 525.45 feet pass an iron rod found for the Southeast corner of the said Cross tract, the same being the Southwest corner of that certain tract of land as described in a deed to Ali Oleg Rahkoy and wife, Larissa Rahkoy from Arthur C. Tate, dated September 10, 1982, and recorded in Volume 891, Page 541, of the Deed Records of Williamson County, Texas, at a distance of 813.91 feet pass an iron rod found for the Southeast corner of the said Rahkoy tract, the same being the Southwest corner of that certain tract of land as described in a deed to Richard Arthur Gonzales Elias V. Garcia from Gary Wayne Frey, dated August 13, 1998, and recorded in Document No. 9847441 of the Official Records of Williamson County, Texas, at a distance of 1,121.46 feet pass an iron rod found for the Southeast corner of the said Garcia tract, the same being Southwest corner of that certain tract of land as described in a deed to Steve A. Yerby and wife, Stellia M. Yerby from Felder Thornhill, dated October 24, 1983, and recorded in Volume 948, Page 772, of the Deed Records of Williamson County, Texas, at a distance of 1,464.75 feet pass the Southeast corner of the said Yerby tract, the same being the Southwest corner of the said Coakwell tract, in all a total distance of 1,810.35 feet to the POINT OF BEGINNING, containing 29.062 acres of land, more or less. eorge E. Lucas Registered Professional Land Surveyor No. 4160 State of Texas Date: September 6, 2000 File No.: 743-sur EXHIBIT A SHEET 2 OF 2 L0 \ \ ',n, 1 , a r1 ; 22 2 22 ESTI= r.wrEers PARN akar. 3 .or L z I T 7 r A ;7 1 (1,t1r 100;31 ) am. era, WA. IfUrl SE OVERLOOK K 771 RIXL, NHL Cal/N V 701 101 MEW • MI ',AN am S71IIM .0err r • - "Ir UM= RAND AU su JONES ENG/N=1N R C Settlers Overlook North Original Zoning SF -2, 29.062 acres vumummung Iry in NMI Moo 6 .1 '60- *Ay; \ a, OM ...■ �u =- Fri VA NI IMR 1 101111111 1 4111111111115 M�1N�� 0 is ���i:i ❑ Ohm ini t i fr 0 N et* baling iiiiiitftwo Mom N 1111 ■ w r mow New wow IMP 111 :111lI111I Mum�i11 111110 011111 11111111111 11 E111u15 wh shoo is 11 111WI1N/111115 11111111111 111111uuP 111 1111 5111 DATE: September 16, 2005 SUBJECT: City Council Meeting - September 22, 2005 ITEM: 13.E.3. Consider an ordinance to adopt original zoning of District SF -2 (Single Family- Standard Lot) on 29.062 acres of land. (Settlers Overlook North) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The 29.062 acre tract is surrounded by standard lot single family residential subdivisions to its south and west boundaries. On the eastern and northern boundaries are large tracts of ranchland. The proposed zoning for single family residential lots is compatible with the surrounding areas and existing transportation infrastructure. Funding: Cost: N/A Source of funds: N/A Outside Resources: D.R. Horton Texas, LTD. Background Information: The 29.062 acre tract is located north of the existing Estates at Setters Park subdivision and east of Settlers Overlook subdivision. D.R. Horton has purchased this tract to complete the last phase of the Settlers Overlook subdivision. On August 17, 2005, the Planning and Zoning Commission approved a favorable recommendation for the zoning request to SF -2. Public Comment: Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance. Notification was sent out to neighboring property owners and a public hearing was held on August 17, 2005, at the regular meeting of the Planning and Zoning Commission.