O-2023-194 - 6/22/2023 ORDINANCE NO. 0-2023-194
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN ZONING AND
DEVELOPMENT CODE, CHAPTER 2, ARTICLE I, SECTION 2-2(b)(1),
CODE OF ORDINANCES (2018 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.34 ACRES OF LAND,
OUT OF THE WILEY HARRIS SURVEY, ABSTRACT NO. 298, IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM MU-2 (MIXED-
USE DOWNTOWN MEDIUM DENSITY) ZONING DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) NO. 151 ZONING DISTRICT; AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS.
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 0.34 acres of land, out
of the Wiley Harris Survey, Abstract No. 298, in Round Rock, Williamson County,
Texas, being more fully described in Exhibit "A" attached hereto, from MU-2 (Mixed-Use
Downtown Medium Density) zoning district to PUD (Planned Unit Development) No. 151
zoning district, 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 17th day of May, 2023, 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 property described in Exhibit "A" be
changed to PUD No. 151, and
011210232:1855-8553-6937
WHEREAS, on the 22nd day of June, 2023, 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 Zoning and Development Code, Chapter 2,
Article I, Section 2-2 and Chapter 10, Article I, Section 10-2 and, Code of Ordinances
(2018 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 CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That the City Council has hereby determined the Planned Unit Development
(PUD) No. 151 meets the following goals and objectives:
(1) The development in PUD No. 151 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) P.U.D. No. 151 is in harmony with the general purposes, goals, objectives
and standards of the Round Rock Comprehensive Plan.
(3) P.U.D. No. 151 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.
(4) P.U.D. No. 151 will be adequately provisioned by essential public facilities
and services including streets, parking, drainage, water, wastewater
facilities, and other necessary utilities.
(5) P.U.D. No. 151 will be constructed, arranged 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.
2
n.
That the Official Zoning Map adopted in Zoning and Development Code, Chapter
2, Article I, Section 2-2(b)(1), Code of Ordinances (2018 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 hereafter
designated as PUD (Planned Unit Development) No. 151, and that the Mayor is hereby
authorized and directed to enter into the Development Plan for PUD No. 151 attached
hereto as Exhibit "B," which agreement shall govern the development and use of said
property.
III.
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.
3
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
C 2023.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2023.
READ, APPROVED and ADOPTED on second reading this the day of
, 2023.
A Mz
CRA ORGA , Mayor
City of ound R k, Texas
ATTEST:
M AGAN INKS, City Clerk
4
Exhibit"A"
Tract 1:
Being the west half of Lot 6 and all of Lot 7, Block 31, City of Round Rock,Williamson County,
Texas, according to the map or plat thereof recorded in Volume 25, Pages 315-316, Deed
Records,Williamson County,Texas, and as transcribed in Cabinet A, Slides 190-191, Plat
Records,Williamson County,Texas.
Tract 2:
Being a portion of a certain alleyway located on Lot 7 and Lot 12, and the west one-half of Lot 6
and of 13, Block 31, City of Round Rock, Williamson County,Texas, according to the map
thereof recorded in Volume 1634, Pages 511-514, Deed Records, Williamson County, Texas and
as transcribed in Cabinet A, Slides 190-191, Plat Records,Williamson County,Texas.
Tract 3:
Being all of Lot 12 and the west half of Lot 13, Block 31, City of Round Rock,Williamson
County,Texas, according to the map or plat thereof recorded in Volume 25, Pages 315-316, Deed
Records,Williamson County,Texas, and as transcribed in Cabinet A, Slides 190-191, Plat
Records,Williamson County,Texas.
EXHIBIT
„B»
I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT STANDARDS
That all uses and development within the Property shall conform to the Development
Standards included in Section II herein.
2. CHANGES AND MODIFICATIONS
No changes or modifications will be made to this plan unless all provisions pertaining
to changes or modifications as stated in section 8.1.
3. ZONING VIOLATION
Owner understands that any person, firm, corporation, or other entity violating any
conditions or terms of the plan shall be subject to any and all penalties for the violation
of any zoning ordinance provisions as stated in Part III,Article II,Code of Ordinances,
City of Round Rock, Texas, as amended.
4. MISCELLANEOUS PROVISIONS
4.1 Severability
In case one or more provisions contained of this Plan are deemed invalid,illegal,
or unenforceable in any respect such invalidity, illegality or unenforceability
shall not affect any other provisions of this Plan and in such event,this Plan shall
be construed as if such invalid,illegal or unenforceable provision had never been
contained in this Plan.
4.2 Venue
All obligations of the Plan are performable in Williamson County, Texas, and
venue for any action shall be in Williamson County.
4.3 Effective Date
This Plan shall be effective from and after the date of approval by the City
Council.
H.
DEVELOPMENT STANDARDS
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the City of Round Rock Code of Ordinances, as amended, hereinafter referred to as "the
Code".
2. PROPERTY
This Plan covers approximately 0.34 acres of land, located within the City of Round
Rock, Texas, and more particularly described in Exhibit "A", hereinafter referred to
as"the Property."
3. PURPOSE
The purpose of this Plan is to ensure a PUD that 1) is equal to, superior top, and/or
more consistent than that which would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan,as amended, 3)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
welfare, 4) is adequately provisioned by essential public facilities and services, and 5)
will be developed and maintained as to not interfere with the use of the immediate
neighboring properties.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
All aspects not specifically covered by this Plan shall be regulated by MU-2
(Mixed Use—Medium Density)zoning district and the City of Round Rock
Zoning and Development Code, as amended. If there is a conflict between this
Plan and the Code,this Plan shall supersede the specific conflicting provisions of
the Code.
4.2 Concept Plan
This plan, as depicted in Exhibit `B",shall serve as the concept plan required by
Part III, Section 10-26 of the Code,as amended.
4.3 Other Ordinances
All other Ordinances within the Code,as applicable and as amended, shall apply
to the Property, except as clearly modified by this Plan. In the event of a
conflict,the terms of this Plan shall control.
A) The Code is defined herein as the City of Round Rock,Texas,Code of
Ordinances("Code").
B) The Future Land Use Map of the Round Rock 2030 Comprehensive Plan
land use designation for this tract is Downtown Mixed Use.
5. PERMITTED USES
5.1 All uses in the MU-2 (Mixed-use downtown medium density) zoning district, in
addition to:
1)Wine tasting room, subject to the following:
a) Wine tasting room shall be defined as an establishment for the sale
and consumption of wine on the premises and the sale of wine by the
bottle for consumption off of the premises as defined by the Texas
Alcoholic Beverage Commission(TABC)Winery Permit(G).
5.2 Mobile Food Establishments (MFEs) shall be permitted in accordance with City
of Round Rock Code of Ordinances Part III, Chapter 2, Article VIII, Section 2-
93, as amended.
5.3 Unless otherwise described below, the definitions of all terms used to describe
uses in this document shall be those found in the Zoning Code of the City of
Round Rock, as amended.
5.4 Compatibility Wall
A) Outdoor rear or side dining areas shall be required to install and maintain a
natural stone, simulated stone, or brick wall that is six (6) feet in height as
depicted in Exhibit B.
B) The zoning administrator may waive the above requirement based upon a
finding of any of the following:
1) The zoning administrator determines that due to the site plan layout
and/or existing conditions,potential impacts will be negligible;
2) The zoning administrator receives a letter from the adjacent
residential property owner(s)requesting that the fence not be
installed; or
3) The zoning administrator determines that existing and/or proposed
vegetation will serve as an adequate screen.
6. CHANGES TO DEVELOPMENT PLAN
6.1 All changes to the development plan shall be subject to Part III, Chapter 10,Article
IV, Section 10-22(i),Amendments,of the Code of Ordinances of the City of Round
Rock,Texas, as amended.
7. LIST OF EXHIBITS
Exhibit"A"Legal Description
Exhibit`B"Concept Plan
Exhibit"A"
Tract 1:
Being the west half of Lot 6 and all of Lot 7, Block 31, City of Round Rock, Williamson County,
Texas, according to the map or plat thereof recorded in Volume 25, Pages 315-316, Deed
Records,Williamson County,Texas, and as transcribed in Cabinet A, Slides 190-191, Plat
Records,Williamson County,Texas.
Tract 2:
Being a portion of a certain alleyway located on Lot 7 and Lot 12, and the west one-half of Lot 6
and of 13, Block 31, City of Round Rock,Williamson County,Texas, according to the map
thereof recorded in Volume 1634, Pages 511-514, Deed Records, Williamson County,Texas and
as transcribed in Cabinet A, Slides 190-191, Plat Records, Williamson County,Texas.
Tract 3:
Being all of Lot 12 and the west half of Lot 13, Block 31, City of Round Rock,Williamson
County,Texas, according to the map or plat thereof recorded in Volume 25, Pages 315-316, Deed
Records,Williamson County,Texas, and as transcribed in Cabinet A, Slides 190-191, Plat
Records,Williamson County,Texas.
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