Z-06-12-21-8A2 - 12/21/2006 ORDINANCE NO. Z'D40- l a4 I-?AOL
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 9.04 ACRES OF
LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT PUD NO. 39 (PLANNED UNIT DEVELOPMENT) TO
DISTRICT PUD NO. 70 (PLANNED UNIT DEVELOPMENT).
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 9 . 04 acres of land in Round Rock, Williamson County, Texas,
being more fully described in Exhibit "A" attached hereto, from
District PUD No. 39 (Planned Unit Development) to District PUD No.
70 (Planned Unit Development) , 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 20th day of
September 2006, 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 District PUD No. 70 (Planned Unit
Development) , and
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WHEREAS, on the 7th day of December, 2006, 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 CITY 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 PUD
No. 70 (Planned Unit Development) and the Mayor is hereby
authorized and directed to enter into the Development Plan for PUD
No. 70, attached hereto as Exhibit "B", which agreement shall
govern the development and use of said property.
II.
That the City Council has hereby determined that PUD No. 70
meets the following goals and objectives :
2 .
(1) The development in PUD No. 70 is equal to or superior to
development that would occur under the standard ordinance
requirements;
(2) PUD No. 70 is in harmony with the general purposes,
goals, objectives and standards of the General Plan;
(3) PUD No. 70 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) PUD No. 70 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities; and
(5) PUD No. 70 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.
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 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.
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 2006 .
Alternative 2 .
READ and APPROVED on first reading this the / -' day of
2006 .
READ, APPROVED and ADOPTED on second reading this the
day of 2006 .
N W ayor
ity of Round Rock, Texas
ATTEST:
. Il.• I .
CHRISTINE R. MARTINEZ, City Sec tart'
4 .
EXHIBIT
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LEGAL DESCRIPTION OF PROPERTY
4.60 acres, Lot 1, Block E of La Frontera Section III-B, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 69-76 of the Plat Records of Williamson County, Texas;
2601 La Frontera Blvd.
4.44 acres, Lot 2, Block E of La Frontera Section III-A, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 370-374 of the Plat Records of Williamson County, Texas.
2601 Kouri Drive
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EXHIBIT B 11
DEVELOPMENT PLAN
TOWN CENTER PUD
PLANNED UNIT DEVELOPMENT NO. 70
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS DEVELOPMENT PLAN (this "Plan') is adopted and approved by the CITY OF
ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this
Plan, the term Owner shall mean 35/45 La Frontera, L.P., its respective successors and
assigns; provided, however, upon sale, transfer or conveyance of portions of the
hereinafter described property, the duties and obligations of the Owner, as it relates to
the respective property, shall be assumed by the new owner, and the Owner shall have
no further liability relating to their respective property.
WHEREAS, the Owner is the owner of certain real property consisting of 9.04 acres, as
more particularly described in Exhibit "A", (herein after referred to as the "Property")
attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development (the "PUD").
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted a development plan which has
been included as a part of the development conditions and requirements detailed in the
Development Standards contained in Section II of this Plan; and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on September 20, 2006, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed 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:
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I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
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 II, Paragraph 16 below are followed.
3. ZONING VIOLATION
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 Section 1.601, Code of Ordinances, (1995 Edition), City of Round
Rock, Texas, as amended.
4. MISCELLANEOUS PROVISIONS
4.1 Severabilitv
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.
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II.
DEVELOPMENT STANDARDS
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas,
hereinafter referred to as "the Code."
2. PROPERTY
This Plan covers approximately 9.04 acres of land, located within the city limits of
Round Rock, Texas, and more particularly described in Exhibit "A".
3. PURPOSE
The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than 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 public health, safety and
welfare, 4) is adequately provisioned by essential public facilities and services, and 5)
will be developed and maintained so as not to dominate, by scale or massing of
structures, the immediate neighboring properties or interfere with their development or
use.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this
Plan. All aspects not specifically covered by this Plan shall be regulated by the
C-1 (General Commercial) or MF (Multifamily) zoning district that best applies
to the use of the Property and other sections of the Code, as applicable. If there is
a conflict between this Plan and the Code, this Plan shall supersede the specific
conflicting provisions of the Code.
4.2 Other Ordinances
All other Ordinances within the Code 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.
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5. MAXIMUM BUILDING AREA
The cumulative total building area, as defined in the Code, on the Property may not
exceed 489,392 square feet. The portions of any parking garages (or other parking
structures) that are used for vehicle parking and related uses are not subject to the
building area limitations of this section.
6. PERMITTED USES HEIGHT AND SETBACK
The permitted uses and limitations are as follows:
Building Setbacks fromb:
Permitted Use' Building Maximum
Height Hester's La Frontera Kouri Residential
Limitation Crossing Boulevard Avenue Units
Office3 (OF) 144 feet 8 feet 8 feet 8 feet Jn/a
Restaurant¢ 45 feet2 8 feet 8 feet 8 feet General Commercial(C-1) 45 feetz 8 feet 8 feet 8 feet Multifamily(MF)5 60 feet 8 feet 8 feet 8 feet 39 p
1. Zoning designations indicate all uses permissible under the Code for such designation as of the
date of this Ordinance. Such uses may include, but are not limited to, other uses also listed in
this chart. Limitations for any specific C-1 or MF use listed in this chart will control over the
general C-1 or MF listing.
2. Decorative architectural features may exceed the stated height limitation by 15 feet.
3. Including the following associated uses: Restaurant (including bar and liquor sales), Research &
Development,and General Commercial(C-1).
4. Including bar and liquor sales.
5. 10% of the floor space constructed upon the lot(s)contained within a site plan must be developed
for office, restaurant, or general commercial uses. Multilevel parking must be provided for the
multifamily units. Total residential units may not exceed 360 units. The number of Maximum
Residential Units does not guarantee the availability of water and wastewater capacities. On-site
and off-site utility improvements may be required of the developer.
6. Building setbacks may be increased during the site plan review process if necessary to
accommodate traffic sight lines or utilities as designated on a corresponding plat or site plan.
7. PROHIBITED USES
The following uses are prohibited on the Property: mini-warehouses, flea markets,
sexually oriented businesses (as defined in the Code), amusement parks or carnivals,
portable building sales except as incidental to other retail sales, recreational vehicle
parks, wholesale nurseries, outdoor shooting ranges, pawn shops, heavy equipment
sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight
facilities), vehicle sales and truck stops.
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8. PROHIBITED BUILDING MATERIALS
The following materials are prohibited on the exterior walls of all buildings and
structures (this section does not apply to roofs):
Sheet, corrugated, and unfinished Aluminum
Asbestos
Galvanized Steel
Mirrored Glass (reflectivity of 20% or more).
9. SIDEWALKS
Sidewalks at least five (5) feet wide on both sides of the road, as detailed in Exhibit "B",
are required along all public roads.
10. SERVICE AND LOADING AREAS
a. Screening Required: No dock high loading area is permitted unless such
area is visually screened from public view.
b. Delivery Vehicles: All delivery and utility vehicles stored on-site must be
inside a closed building or within a screened portion of the site.
C. Service Areas: Service areas will be screened from adjacent tracts, all
public rights-of-way, and views from above. Methods of screening
include walled entrances, evergreen landscaping, and depressed service
areas. Screening walls must be constructed of the same materials as the
main building. (refer to figure 1)
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EMCLOiiEO SERVICE AREA #CRSENEN TRANSFORMER AREA
r11 re 1
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d. Loading Areas: All loading and service areas must be clearly signed.
Loading spaces must be clearly denoted on the pavement and designed so
as to not prohibit on-site vehicular circulation when occupied. Loading
spaces will be located directly in front of a loading door. Loading areas
must be designed to accommodate backing and maneuvering on-site, not
from a public street. Regardless of orientations, loading doors may not be
located closer than fifty feet (50') from a public or private right-of-way.
e. Trash Storage: Refuse storage enclosures are required for all buildings.
Enclosures must be of sufficient height to screen all refuse containers
completely and must be provided with gates, so as to provide screening of
views from adjacent lots and public rights-of-way. All enclosures must be
constructed of permanent materials (concrete, masonry, wood, steel, etc.)
which are compatible with the building it serves. Refuse storage areas
must be designed to contain all refuse generated on-site between
collections. (refer to figure 2)
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f. Street Level Mechanical Equipment: All ground-mounted service
equipment(e.g., air conditioners, transformers, trash collection equipment)
related to each building will be consolidated in an enclosed service area.
Landscaping will be used to soften the visual appearance of the walls
enclosing the service area. Service areas must be paved, curbed, and
internally drained.
g. Roof Mounted Mechanical Equipment: All roof mounted mechanical
elements must be screened from view from the public right-of-way.
Screening must be compatible with the building design. If roof decks with
mechanical units are visible from any level of adjacent buildings, the
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mechanical units must be screened and painted to match the finished roof
material.
11. EXTERIOR LIGHTING
a. Minimal Spillover: All lighting must be installed to minimize light
spillover onto adjacent properties.
b. Parking Lot Fixtures: All light fixtures will be of a horizontal design with
sharp cutoff edges. The fixture will be a rectangular box unit or a round
puck-like unit (similar to Kim Lighting's Curvilinear Cutoff series) with a
minimum diameter of 17" (width) and maximum diameter of 29" as
detailed in Exhibit "C". The fixture will be made of spun aluminum or
similar quality material with sidewalls free of welds or fasteners and will
have an illumination source of mercury vapor or metal halide. All fixtures
and light standards will have a black or dark bronze powder coated finish.
Fixture glass must be white or clear. Light standards will be metal poles
30 feet high. (refer to figure 3)
C. Open Space, Walkway and Passenger Drop Off Areas: All light fixtures
will be of a horizontal design with sharp cutoff edges. The fixture will be a
rectangular box unit or a round puck-like unit (similar to Kim Lighting's
Curvilinear Cutoff series) with a minimum diameter of 17" (width) and
maximum diameter of 29" as detailed on Exhibit "C". The fixture will be
made of spun aluminum or similar quality material with sidewalls free of
welds or fasteners and will have an illumination source of mercury vapor
or metal halide. All fixtures and light standards will have a black or dark
bronze powder coated finish. Fixture glass must be white or clear. Light
standards will be metal poles between 10 and 15 feet high. (refer to figure
3)
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12. LANDSCAPING
a. Existing Trees: Existing large mature trees will be retained in accordance
with the Code.
b. Tree Protection: All existing trees of six (6) inch caliper or greater must be
indicated on the proposed site plans. The proposed site plans will indicate
trees to remain and those to be removed. All trees within an approved
building site which are required to be preserved in accordance with the
Code must be flagged and encircled with protective fencing. The fencing
must extend beyond the full spread on the tree's branches to reasonably
ensure successful protection. Existing trees in parking areas will be saved
in groups and as specimens whenever practicable.
C. Open Space: All areas not containing buildings, structures, parking lots,
sidewalks, fountains, site furniture or other improvements, including, but
not limited to, front, side and rear building set back areas, and all areas
between the curb line and the property line, must be planted, landscaped,
and maintained in good condition. The landscape planting design must
provide for easy maintenance. Utility easements will be landscaped
consistent with other landscape areas where allowed by the respective
utility company.
d. Rights of Way: Areas within the road right-of-way may be landscaped
only in accordance with a license agreement with the City.
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e. Grass: All landscaped areas not in groundcover or shrub beds will be
planted in grasses, preferable sod. Overseeding in fall with cool season
native grasses is allowed. The use of edging material to separate all grass
areas from shrub and groundcover areas is required. The edging material
will be concrete, steel, brick or stone. No plastic edging is allowed. Use of
narrow paving "mowstrips" are allowed around building foundations for
easy maintenance.
f. Irrigation: An underground, automatic irrigation system must be
installed in all landscaped areas. Sprinkler heads must be located to
effectively water the landscaped areas with minimal spray onto roadways,
parking areas and walkways.
g. Screening of Parking: Parking areas must be screened visually from all
roadways in accordance with the Code. Screening may be accomplished
with landscaping or buildings. Berms may not exceed a 3:1 pitch.
Shrubbery must be maintained to a minimum height of 3 feet. (refer to
figure 4)
PARKING SHALL EE ECOIENED
FROM ROADWAYS
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STRUT #Altp OAfR 4"109IIT tAAKi#6G ARIA
figure 4
h. Parking Areas: In all surface vehicular use areas and parking areas (other
than in parking garages or other parking structures), a minimum of 90
square feet for each 12 parking spaces must be devoted to landscaped
strips, islands, peninsulas, medians, or other landscaped areas (the
"Minimum Parking Area Landscaping Requirement"). As partial
fulfillment of the Minimum Parking Area Landscaping Requirement, any
parking area containing five or more parking rows of double vehicle depth
will include a landscaped strip no less than ten feet (10') wide at least
every fourth parking row of double vehicle depth. The landscaped strip
will be installed with trees planted no less than every 60 linear feet.
i. Road Medians: At least twenty percent (20%) of the median of Hesters
Crossing will be landscaped with shrubbery and trees.
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j. Alternative Landscape Plan: In accordance with Section 11.501(5) of the
Code, an alternative landscape plan which may not strictly comply with
the terms of this Section 12 may be submitted for approval to the Zoning
Administrator.
13. SIGNS
All freestanding signs for the purpose of identifying occupants of the Property will be
monument signs installed and maintained in accordance with the Code. Additional
signs for the purpose of identifying occupants of the Property may be mounted on (or
made a part of) the exterior walls of the building occupied.
14. TRAFFIC IMPACT ANALYSIS
Development of the Property shall be in accordance with the approved Traffic Impact
Analysis for PUD 39 (La Frontera West) on file with the City of Round Rock Director of
Transportation Services.
15. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Chief of Public Works Operations, all
electrical, telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground. All transformers must
be visually screened.
16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
16.1 Minor Changes
Minor changes to this Plan which do not substantially and adversely change this
Plan may be approved administratively, if approved in writing, by the City
Engineer, the Director of Planning and Community Development, and the City
Attorney.
16.2 Major Changes
All changes not permitted under section 16.1 above shall be submitted following
the procedure required for a new PUD application. Unless prohibited by law,
the City reserves the right to rezone the Property or any portion thereof on its
own motion or upon the application of any owner of property within the PUD.
17. CONCEPT PLAN APPROVED
Approval of this Plan constitutes Concept Plan approval under the City Subdivision
Ordinance.
18. GENERAL PLAN 2000
This Plan amends the Round Rock General Plan 2000, which was adopted on June 10,
1999.
-it-
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit"A" Legal Description of Property
Exhibit"B" Sidewalks
Exhibit "C" Lighting
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
4.60 acres, Lot 1, Block E of La Frontera Section III-B, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 69-76 of the Plat Records of Williamson County, Texas;
2601 La Frontera Blvd.
4.44 acres, Lot 2, Block E of La Frontera Section III-A, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 370-374 of the Plat Records of Williamson County, Texas.
2601 Kouri Drive
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EXHIBIT B
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EXHIBIT C
LIGHTING
Specifications and Details Specifications and Details
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DATE: December 15, 2006
SUBJECT: City Council Meeting - December 21, 2006
ITEM: 8.A.2. Consider an ordinance rezoning 9.04 acres, located south of
Nesters Crossing Road between La Frontera Boulevard and Kouri
Avenue, from PUD 39 District to PUD 70 District. (Also known as La
Frontera Town Center) (Second Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
PUD 39 is the La Frontera West PUD. The owner of the 9-acre tract referenced above is
selling the property to a developer who wants to construct a mixed-use development on the
property. Because the property will have a new owner and because the development will
require some changes to the existing development standards, the owner is requesting a
change of zoning from the existing PUD 39 to a new PUD 70. This new PUD will have the
same development standards as PUD 39, except for the following differences:
• A reduction in setbacks along Hester's Crossing Road from 60 ft. to 8 ft. This will make
it consistent with the setbacks already in place for the other roadways.
• The option of using an alternate landscape plan in order to ensure adequate landscaping
even with the small setbacks.
• An increase in density from 35 units/acre to 39 units/acre.
• A maximum allowance of 360 multi-family units.
• The entire La Frontera West PUD had an original allocation of 900 multi-family units.
777 units have been constructed, which means only 123 additional multi-family units are
currently allowed in La Frontera. By creating this new PUD, the overall count of
allowable multi-family units will increase from 123 to 360.
• A requirement that multi-family housing must have structural parking and must include
a mix of other uses.
Staff supports the new PUD as an effective means of enabling a quality urban development.
The changes reflect changed conditions and trends towards mixed use development.
Funding•
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The property was annexed and zoned as PUD 39 in 1999. The Planning and Zoning
Commission recommended approval of the proposed zoning change at their September 20,
2006, meeting.
Public Comment:
Public notice was posted and a public hearing was held in accordance with the City of Round
Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on September 20,
2006.
�� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ORD 2006112030
23 PGS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, CHRISTINE R. MARTINEZ, 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-06-12-21-
8A2, which rezones 9.04 acres to Planned Unit Development No. 70. This ordinance was
approved by the City Council on the 7th day of December 2006 and adopted on the 21st
day of December 2006. The minutes of this meeting are recorded in the official City
Council Minute Book No. 54.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 22nd day
of December 2006.
r' 2.
�", = CHRISTINE R. MARTINEZ, City Secretary
ORDINANCE NO. Z I—SAZ
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 9.04 ACRES OF
LAND IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM
DISTRICT PUD NO. 39 (PLANNED UNIT DEVELOPMENT) TO
DISTRICT PUD NO. 70 (PLANNED UNIT DEVELOPMENT).
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 9 . 04 acres of land in Round Rock, Williamson County, Texas,
being more fully described in Exhibit "A" attached hereto, from
District PUD No. 39 (Planned Unit Development) to District PUD No.
70 (Planned Unit Development) , 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 20th day of
September 2006, 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 District PUD No. 70 (Planned Unit
Development) , and
@P6DesL.topA::ODMA/WORLDOX/O:/WDOX/ORDINANC/061221A2.WPD/,d,
WHEREAS, on the 7th day of December, 2006, 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 CITY 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 PUD
No. 70 (Planned Unit Development) and the Mayor is hereby
authorized and directed to enter into the Development Plan for PUD
No. 70, attached hereto as Exhibit "B" , which agreement shall
govern the development and use of said property.
II.
That the City Council has hereby determined that PUD No. 70
meets the following goals and objectives:
2 .
(1) The development in PUD No. 70 is equal to or superior to
development that would occur under the standard ordinance
requirements;
(2) PUD No. 70 is in harmony with the general purposes,
goals, objectives and standards of the General Plan;
(3) PUD No. 70 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) PUD No. 70 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities; and
(5) PUD No. 70 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.
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 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.
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 2006 .
Alternative 2 . -
READ and APPROVED on first reading this the / day of
2006 .
READ, APPROVED and ADOPTED on second reading this the
a � s-f
day of 2006 .
N W ayor
ity of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Sec tary
4 .
EXHIBIT
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"A
LEGAL DESCRIPTION OF PROPERTY
4.60 acres, Lot 1, Block E of La Frontera Section III-B, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 69-76 of the Plat Records of Williamson County, Texas;
2601 La Frontera Blvd.
4.44 acres, Lot 2, Block E of La Frontera Section III-A, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 370-374 of the Plat Records of Williamson County, Texas.
2601 Kouri Drive
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EXHIBIT
DEVELOPMENT PLAN
TOWN CENTER PUD
PLANNED UNIT DEVELOPMENT NO. 70
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS DEVELOPMENT PLAN (this "Plan') is adopted and approved by the CITY OF
ROUND ROCK, TEXAS (hereinafter referred to as the "City"). For purposes of this
Plan, the term Owner shall mean 35/45 La Frontera, L.P., its respective successors and
assigns; provided, however, upon sale, transfer or conveyance of portions of the
hereinafter described property, the duties and obligations of the Owner, as it relates to
the respective property, shall be assumed by the new owner, and the Owner shall have
no further liability relating to their respective property.
WHEREAS, the Owner is the owner of certain real property consisting of 9.04 acres, as
more particularly described in Exhibit "A", (herein after referred to as the "Property")
attached hereto and made a part hereof.
WHEREAS, The Owner has submitted a request to the City to rezone the Property as a
Planned Unit Development(the "PUD").
WHEREAS, pursuant to Chapter 11, Section 11.314, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, the Owner has submitted a development plan which has
been included as a part of the development conditions and requirements detailed in the
Development Standards contained in Section II of this Plan, and
WHEREAS, the City has held two public hearings required by law to solicit input from
all interested citizens and affected parties; and
WHEREAS, on September 20, 2006, the City's Planning and Zoning Commission
recommended approval of the Owner's application for a PUD; and
WHEREAS, the City Council has reviewed the proposed 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:
I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
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 11, Paragraph 16 below are followed.
3. ZONING VIOLATION
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 Section 1.601, Code of Ordinances, (1995 Edition), City of Round
Rock, Texas, as amended.
4. MISCELLANEOUS PROVISIONS
4.1 Severabilitv
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.
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II.
DEVELOPMENT STANDARDS
1. DEFINITIONS
Words and terms used herein shall have their usual force and meaning, or as defined in
the Code of Ordinances (1995 Edition), as amended, City of Round Rock, Texas,
hereinafter referred to as "the Code."
2. PROPERTY
This Plan covers approximately 9.04 acres of land, located within the city limits of
Round Rock, Texas, and more particularly described in Exhibit "A".
3. PURPOSE
The purpose of this Plan is to ensure a PUD that 1) is equal to, superior than 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 public health, safety and
welfare, 4) is adequately provisioned by essential public facilities and services, and 5)
will be developed and maintained so as not to dominate, by scale or massing of
structures, the immediate neighboring properties or interfere with their development or
use.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning and subdivision by this
Plan. All aspects not specifically covered by this Plan shall be regulated by the
C-1 (General Commercial) or MF (Multifamily) zoning district that best applies
to the use of the Property and other sections of the Code, as applicable. If there is
a conflict between this Plan and the Code, this Plan shall supersede the specific
conflicting provisions of the Code.
4.2 Other Ordinances
All other Ordinances within the Code 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.
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5. MAXIMUM BUILDING AREA
The cumulative total building area, as defined in the Code, on the Property may not
exceed 489,392 square feet. The portions of any parking garages (or other parking
structures) that are used for vehicle parking and related uses are not subject to the
building area limitations of this section.
6. PERMITTED USES, HEIGHT AND SETBACK
The permitted uses and limitations are as follows:
Building Setbacks from6:
Permitted Use' Building Maximum
Height Hester's La Frontera Kouri Residential
Limitation Crossing Boulevard Avenue Units
Office3 (OF) 144 feet 8 feet 8 feet 8 feet n/a
Restaurant' 45 feet'- 8 feet 8 feet 8 feet n/a
General Commercial(C-1) 45 feet2 8 feet 8 feet 8 feet n/a
Multifamily(MF)5 60 feet 8 feet 8 feet 8 feet 39 per acre
1. Zoning designations indicate all uses permissible under the Code for such designation as of the
date of this Ordinance. Such uses may include, but are not limited to, other uses also listed in
this chart. Limitations for any specific C-1 or MF use listed in this chart will control over the
general C-1 or MF listing.
2. Decorative architectural features may exceed the stated height limitation by 15 feet.
3. Including the following associated uses: Restaurant (including bar and liquor sales), Research &
Development,and General Commercial(C-1).
4. Including bar and liquor sales.
5. 10% of the floor space constructed upon the lot(s)contained within a site plan must be developed
for office, restaurant, or general commercial uses. Multilevel parking must be provided for the
multifamily units. Total residential units may not exceed 360 units. The number of Maximum
Residential Units does not guarantee the availability of water and wastewater capacities. On-site
and off-site utility improvements may be required of the developer.
6. Building setbacks may be increased during the site plan review process if necessary to
accommodate traffic sight lines or utilities as designated on a corresponding plat or site plan.
7. PROHIBITED USES
The following uses are prohibited on the Property: mini-warehouses, flea markets,
sexually oriented businesses (as defined in the Code), amusement parks or carnivals,
portable building sales except as incidental to other retail sales, recreational vehicle
parks, wholesale nurseries, outdoor shooting ranges, pawn shops, heavy equipment
sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight
facilities), vehicle sales and truck stops.
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8. PROHIBITED BUILDING MATERIALS
The following materials are prohibited on the exterior walls of all buildings and
structures (this section does not apply to roofs):
Sheet, corrugated, and unfinished Aluminum
Asbestos
Galvanized Steel
Mirrored Glass (reflectivity of 20% or more).
9. SIDEWALKS
Sidewalks at least five (5) feet wide on both sides of the road, as detailed in Exhibit "B",
are required along all public roads.
10. SERVICE AND LOADING AREAS
a. Screening Required: No dock high loading area is permitted unless such
area is visually screened from public view.
b. Delivery Vehicles: All delivery and utility vehicles stored on-site must be
inside a closed building or within a screened portion of the site.
C. Service Areas: Service areas will be screened from adjacent tracts, all
public rights-of-way, and views from above. Methods of screening
include walled entrances, evergreen landscaping, and depressed service
areas. Screening walls must be constructed of the same materials as the
main building. (refer to figure 1)
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ENCLOSEO SERVICE AREA SCREENED TRANSFORMER AREA
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d. Loading Areas: All loading and service areas must be clearly signed.
Loading spaces must be clearly denoted on the pavement and designed so
as to not prohibit on-site vehicular circulation when occupied. Loading
spaces will be located directly in front of a loading door. Loading areas
must be designed to accommodate backing and maneuvering on-site, not
from a public street. Regardless of orientations, loading doors may not be
located closer than fifty feet (50') from a public or private right-of-way.
e. Trash Storage: Refuse storage enclosures are required for all buildings.
Enclosures must be of sufficient height to screen all refuse containers
completely and must be provided with gates, so as to provide screening of
views from adjacent lots and public rights-of-way. All enclosures must be
constructed of permanent materials (concrete, masonry, wood, steel, etc.)
which are compatible with the building it serves. Refuse storage areas
must be designed to contain all refuse generated on-site between
collections. (refer to figure 2)
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figure 2
f. Street Level Mechanical Equipment: All ground-mounted service
equipment(e.g., air conditioners, transformers, trash collection equipment)
related to each building will be consolidated in an enclosed service area.
Landscaping will be used to soften the visual appearance of the walls
enclosing the service area. Service areas must be paved, curbed, and
internally drained.
g. Roof Mounted Mechanical Equipment: All roof mounted mechanical
elements must be screened from view from the public right-of-way.
Screening must be compatible with the building design. If roof decks with
mechanical units are visible from any level of adjacent buildings, the
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mechanical units must be screened and painted to match the finished roof
material.
11. EXTERIOR LIGHTING
a. Minimal Spillover: All lighting must be installed to minimize light
spillover onto adjacent properties.
b. Parking Lot Fixtures: All light fixtures will be of a horizontal design with
sharp cutoff edges. The fixture will be a rectangular box unit or a round
puck-like unit (similar to Kim Lighting's Curvilinear Cutoff series) with a
minimum diameter of 17" (width) and maximum diameter of 29" as
detailed in Exhibit "C". The fixture will be made of spun aluminum or
similar quality material with sidewalls free of welds or fasteners and will
have an illumination source of mercury vapor or metal halide. All fixtures
and light standards will have a black or dark bronze powder coated finish.
Fixture glass must be white or clear. Light standards will be metal poles
30 feet high. (refer to figure 3)
C. Open Space, Walkway and Passenger Drop Off Areas: All light fixtures
will be of a horizontal design with sharp cutoff edges. The fixture will be a
rectangular box unit or a round puck-like unit (similar to Kim Lighting's
Curvilinear Cutoff series) with a minimum diameter of 17' (width) and
maximum diameter of 29" as detailed on Exhibit "C". The fixture will be
made of spun aluminum or similar quality material with sidewalls free of
welds or fasteners and will have an illumination source of mercury vapor
or metal halide. All fixtures and light standards will have a black or dark
bronze powder coated finish. Fixture glass must be white or clear. Light
standards will be metal poles between 10 and 15 feet high. (refer to figure
3)
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12. LANDSCAPING
a. Existing Trees: Existing large mature trees will be retained in accordance
with the Code.
b. Tree Protection: All existing trees of six (6) inch caliper or greater must be
indicated on the proposed site plans. The proposed site plans will indicate
trees to remain and those to be removed. All trees within an approved
building site which are required to be preserved in accordance with the
Code must be flagged and encircled with protective fencing. The fencing
must extend beyond the full spread on the tree's branches to reasonably
ensure successful protection. Existing trees in parking areas will be saved
in groups and as specimens whenever practicable.
C. Open Space: All areas not containing buildings, structures, parking lots,
sidewalks, fountains, site furniture or other improvements, including, but
not limited to, front, side and rear building set back areas, and all areas
between the curb line and the property line, must be planted, landscaped,
and maintained in good condition. The landscape planting design must
provide for easy maintenance. Utility easements will be landscaped
consistent with other landscape areas where allowed by the respective
utility company.
d. Rights of Way: Areas within the road right-of-way may be landscaped
only in accordance with a license agreement with the City.
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e. Grass: All landscaped areas not in groundcover or shrub beds will be
planted in grasses, preferable sod. Overseeding in fall with cool season
native grasses is allowed. The use of edging material to separate all grass
areas from shrub and groundcover areas is required. The edging material
will be concrete, steel, brick or stone. No plastic edging is allowed. Use of
narrow paving "mowstrips" are allowed around building foundations for
easy maintenance.
f. Irrigation: An underground, automatic irrigation system must be
installed in all landscaped areas. Sprinkler heads must be located to
effectively water the landscaped areas with minimal spray onto roadways,
parking areas and walkways.
g. Screening of Parking: Parking areas must be screened visually from all
roadways in accordance with the Code. Screening may be accomplished
with landscaping or buildings. Berms may not exceed a 3:1 pitch.
Shrubbery must be maintained to a minimum height of 3 feet. (refer to
figure 4)
PARKINGRADWAYS 1 Seal�IE@
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figure 4
h. Parking Areas: In all surface vehicular use areas and parking areas (other
than in parking garages or other parking structures), a minimum of 90
square feet for each 12 parking spaces must be devoted to landscaped
strips, islands, peninsulas, medians, or other landscaped areas (the
"Minimum Parking Area Landscaping Requirement"). As partial
fulfillment of the Minimum Parking Area Landscaping Requirement, any
parking area containing five or more parking rows of double vehicle depth
will include a landscaped strip no less than ten feet (10') wide at least
every fourth parking row of double vehicle depth. The landscaped strip
will be installed with trees planted no less than every 60 linear feet.
i. Road Medians: At least twenty percent (20%) of the median of Hesters
Crossing will be landscaped with shrubbery and trees.
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j. Alternative Landscape Plan: In accordance with Section 11.501(5) of the
Code, an alternative landscape plan which may not strictly comply with
the terms of this Section 12 may be submitted for approval to the Zoning
Administrator.
13. SIGNS
All freestanding signs for the purpose of identifying occupants of the Property will be
monument signs installed and maintained in accordance with the Code. Additional
signs for the purpose of identifying occupants of the Property may be mounted on (or
made a part of) the exterior walls of the building occupied.
14. TRAFFIC IMPACT ANALYSIS
Development of the Property shall be in accordance with the approved Traffic Impact
Analysis for PUD 39 (La Frontera West) on file with the City of Round Rock Director of
Transportation Services.
15. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Chief of Public Works Operations, all
electrical, telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground. All transformers must
be visually screened.
16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
16.1 Minor Changes
Minor changes to this Plan which do not substantially and adversely change this
Plan may be approved administratively, if approved in writing, by the City
Engineer, the Director of Planning and Community Development, and the City
Attorney.
16.2 Major Changes
All changes not permitted under section 16.1 above shall be submitted following
the procedure required for a new PUD application. Unless prohibited by law,
the City reserves the right to rezone the Property or any portion thereof on its
own motion or upon the application of any owner of property within the PUD.
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17. CONCEPT PLAN APPROVED
Approval of this Plan constitutes Concept Plan approval under the City Subdivision
Ordinance.
18. GENERAL PLAN 2000
This Plan amends the Round Rock General Plan 2000, which was adopted on June 10,
1999.
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LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit"A" Legal Description of Property
Exhibit"B" Sidewalks
Exhibit"C" Lighting
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
4.60 acres, Lot 1, Block E of La Frontera Section III-B, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 69-76 of the Plat Records of Williamson County, Texas;
2601 La Frontera Blvd.
4.44 acres, Lot 2, Block E of La Frontera Section III-A, a subdivision in the City of Round
Rock, Williamson County, Texas, according to the plat thereof recorded in Cabinet S,
Slides 370-374 of the Plat Records of Williamson County, Texas.
2601 Kouri Drive
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EXHIBIT B
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EXHIBIT C
LIGHTING
Specifications and Details Specifications and Details
Arm Mount Post Top Mount
STANDARD ARM MOUNT
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RECORDERS MEMORANDUM
All or inns Of tp;'.toxt on this page was not
clearly le ily}c ror Y4:atisfactory recordation.
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Ordinance No. Z-06-12-21-8A2
Rezoning of 9.04 acres of land to Planned Unit Development No. 70
La Frontera Town Center
Located south of Hesters Crossing Road between La Frontera Boulevard and Kouri Avenue
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2006112030
12/22/2006 04:14 PM
PHOLTZ $104.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS