Z-13-04-25-I1 - 4/25/2013ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. Z -06-12-21-8A2,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
DECEMBER 21, 2006, BY AMENDING SECTION 11.6, AND BY
DELETING EXHIBIT "D" TO THE DEVELOPMENT PLAN OF PUD NO.
70, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE,
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on December 21, 2006, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. Z -06-12-21-8A2, which established PUD No. 70, and
WHEREAS, on July 28, 2011, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z -11-07-28-11B3 to amend Section 11.6 and to add Exhibit "D" to
the Development Plan of PUD No. 70 (Amendment No. 1), and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Section 11.6 and to delete Exhibit "D" to the Development
Plan of PUD No. 70, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z -06-12-21-8A2 on the 20th
day of March, 2013, 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 -06-12-21-
8A2 be amended, and
WHEREAS, on the 25th day of April, 2013, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z -06-12-
21-8A2, and
0: \wdox\SCC Int s\0I 12\ 1304\MUNICIPAL\00272 510.DOC/rmc
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z -06-12-21-8A2 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 Sections 46-92 and 46-106, Code of
Ordinances, 2010 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:
That the City Council hereby determines that the proposed amendment to
Planned Unit Development (PUD) District #70 meets the following goals and objectives:
(1) The amendment to P.U.D. #70 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #70 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) The amendment to P.U.D. #70 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.
That Section 11.6 of the Development Plan of PUD No. 70, as approved in
Ordinance No. Z -06-12-21-8A2, and amended in Ordinance No. Z-11-07-28-11133, is
hereby amended to read as follows:
NJ
6. PERMITTED USES, HEIGHT AND SETBACK
The permitted uses and limitations are as follows:
Permitted Use'
Building
Height
Limitation
Building Setbacks from6:
Maximum
Residential
Units
Hester's
Crossing
La Frontera
Boulevard
Kouri
Avenue
Office3 (OF)
144 feet
8 feet
8 feet
8 feet
n/a
Restaurant4
45 feetz
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
48 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 may be developed
for office, restaurant, or general commercial uses. Within Rtn nailding"A", 6,601squ r^ feet �^a
,.s,ithin Building "B", 7,385 square feet, aS identified in Exhibit "P", must be developed foi! office,
restaurant general commercial uses. Multilevel parking must be provided for the multifamily
units. Total residential units may not exceed 429 440 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.
That Exhibit "D", as approved in Ordinance No. Z-11-07-28-11133, is hereby
deleted in its entirety.
IV.
That the List of Exhibits as approved in Ordinance No. Z -06-12-21-8A2 and
amended in Ordinance No. Z-11-07-28-11133 for PUD No. 70 is hereby deleted in its
entirety, and replaced with the new List of Exhibits, attached hereto and incorporated
herein.
V.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 2-5 12, day of
NriL 12013.
El
Alternative 2.
READ and APPROVED on first reading this the day of
2013.
READ, APPROVED and ADOPTED on second reading this the day of
12013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
9M44z JAMk
SARA L. WHITE, City Clerk
5
City of Round Rock
,RWND ROCK TEXAS
vuxros[ n�wn raosrenitt
Agenda Item Summary
Agenda Number: 1.1
Title: Consider public testimony regarding and an ordinance amending the
Planned Unit Development (PUD) No. 70 zoning district to allow
multi -family use in areas previously designated for commercial, office or
restaurant only. (First Reading")
Type: Ordinance
Governing Body: City Council
Agenda Date: 4/25/2013
Dept Director: Brad Wiseman, Planning & Development Services Director
Cost:
Indexes:
Attachments: Ordinance, Location Map & Surrounding Zoning, Aerial Photo
Text of Legislative File 13-169
Planned Unit Development (PUD) No. 70 was approved in 2006. It allowed for a maximum of 360
multi -family units, with a requirement that 10% of the floor space be developed as office, restaurant
or general commercial uses. The ground floor space reserved for the non-residential uses remained
unoccupied until the PUD was amended in July of 2011 to convert approximately 46,000 square feet
to 60 multi -family units, retaining approximately 14,000 square feet (the corner units) for office,
restaurant or commercial uses. The building owner reports that despite repeated efforts to lease the
space, potential tenants and brokers report that the space is not desirable for office, restaurant or
commercial uses. At the same time, the multi -family units on the site have remained 98% leased
and the owner is confident that the remaining portion of the building would also be successful as
multi -family lease space, providing another 15-20 apartments.
The proposed PUD amendment would remove the requirement that 6,601 square feet in Building A
and 7,385 square feet in Building B, a total of approximately 14,000 square feet, be developed for
office, restaurant or general commercial uses and amend the maximum number of residential units
from 420 to 440. The provision allowing up to 10% of the building to be developed for office,
restaurant or general commercial uses would remain.
The Planning and Zoning Commission voted 7-0 to recommend approval of the amendment to PUD
No. 70. It is apparent to staff that the space is not conducive to non-residential users. The area has
been vacant for nearly five years. While the initial vision for this property was a mixed-use concept,
this amendment will allow for the creation of additional, attractive loft units that are in demand.
Therefore, staff recommends approval of this amendment
City of Round Rock Page 1 Printed on 412512013
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII R 201303953@
7 PGS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, SARA L. WHITE, City Clerk of the City of Round Rock, Texas, do hereby certify that I am
the custodian of the public records maintained by the City of Round Rock and the attached is a
true and correct copy of Ordinance No. Z-13-04-25-11, which amends Ordinance No. Z -06-12-
21-8A2, adopted by the City Council of Round Rock, Texas on December 21, 2006, by amending
section 11.6, and by deleting exhibit "D" to the Development Plan of PUD No. 70. This ordinance
was approved and adopted by the Round Rock City Council at a regular meeting held on 25th
day of April 2013 and recorded in the City Council Minute Book 60.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 26th day of April
2013.
SARA L. WHITE, TRMC, City Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. Z -06-12-21-8A2,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
DECEMBER 21, 2006, BY AMENDING SECTION 11.6, AND BY
DELETING EXHIBIT "D" TO THE DEVELOPMENT PLAN OF PUD NO.
70, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE,
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on December 21, 2006, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. Z -06-12-21-8A2, which established PUD No. 70, and
WHEREAS, on July 28, 2011, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-11-07-28-11133 to amend Section 11.6 and to add Exhibit "D" to
the Development Plan of PUD No. 70 (Amendment No. 1), and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Section 11.6 and to delete Exhibit "D" to the Development
Plan of PUD No. 70, and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z -06-12-21-8A2 on the 20th
day of March, 2013, 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 -06-12-21-
8A2 be amended, and
WHEREAS, on the 25th day of April, 2013, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z -06-12-
21-8A2, and
0Awdox\SCCI nts\0I 12\ 1304\MUNICIPAL\00272510. DOC/rmc
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z -06-12-21-8A2 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 Sections 46-92 and 46-106, Code of
Ordinances, 2010 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:
That the City Council hereby determines that the proposed amendment to
Planned Unit Development (PUD) District #70 meets the following goals and objectives:
(1) The amendment to P.U.D. #70 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #70 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) The amendment to P.U.D. #70 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.
That Section 11.6 of the Development Plan of PUD No. 70, as approved in
Ordinance No. Z -06-12-21-8A2, and amended in Ordinance No. Z-11-07-28-11133, is
hereby amended to read as follows:
2
6. PERMITTED USES, HEIGHT AND SETBACK
The permitted uses and limitations are as follows:
Permitted Usel
Building
Height
Limitation
Building Setbacks fromb:
Maximum
Residential
Units
Hester's
Crossing
La Frontera
Boulevard
Kouri
Avenue
Office3 (OF)
144 feet
8 feet
8 feet
8 feet
n/a
Restaurant¢
45 feet2
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 feet48
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 may be developed
�ni•F�,• a Gm�.,.,�,•.. G,,,.,� ..„a
for office, restaurant, or general commercial uses. =n Bi-tilding "A", ,
-A4thinB,aiIL4ing"B",;Z,385squar-e feet, as4d Exhibit "P", must be developed for- e
restaurant or al al • ses. Multilevel parking must be provided for the multifamily
units. Total residential units may not exceed 430 440 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.
That Exhibit "D", as approved in Ordinance No. Z-11-07-28-1163, is hereby
deleted in its entirety.
3
IV.
That the List of Exhibits as approved in Ordinance No. Z -06-12-21-8A2 and
amended in Ordinance No. Z-11-07-28-11133 for PUD No. 70 is hereby deleted in its
entirety, and replaced with the new List of Exhibits, attached hereto and incorporated
herein.
V.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this Ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this Ordinance and the subject matter hereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 25 day of
Nri L , 2013.
M
Alternative 2.
READ and APPROVED on first reading this the day of
, 2013.
READ, APPROVED and ADOPTED on second reading this the day of
2013.
ATTEST:
9JMAAA�
SARA L. WHITE, City Clerk
ALAN MCGRAW, Mayor
City of Round Rock, Texas
61'
City of Round Rock
�ROUNO ROQC TEXAS
Agenda Item Summary
Agenda Number: 1.1
Title: Consider public testimony regarding and an ordinance amending the
Planned Unit Development (PUD) No. 70 zoning district to allow
multi -family use in areas previously designated for commercial, office or
restaurant only. (First Reading*)
Type: Ordinance
Governing Body: City Council
Agenda Date: 4/25/2013
Dept Director: Brad Wiseman, Planning & Development Services Director
Cost:
Indexes:
Attachments: Ordinance, Location Map & Surrounding Zoning, Aerial Photo
Text of Legislative File 13-169
Planned Unit Development (PUD) No. 70 was approved in 2006. It allowed for a maximum of 360
multi -family units, with a requirement that 10% of the floor space be developed as office, restaurant
or general commercial uses. The ground floor space reserved for the non-residential uses remained
unoccupied until the PUD was amended in July of 2011 to convert approximately 46,000 square feet
to 60 multi -family units, retaining approximately 14,000 square feet (the corner units) for office,
restaurant or commercial uses. The building owner reports that despite repeated efforts to lease the
space, potential tenants and brokers report that the space is not desirable for office, restaurant or
commercial uses. At the same time, the multi -family units on the site have remained 98% leased
and the owner is confident that the remaining portion of the building would also be successful as
multi -family lease space, providing another 15-20 apartments.
The proposed PUD amendment would remove the requirement that 6,601 square feet in Building A
and 7,385 square feet in Building B, a total of approximately 14,000 square feet, be developed for
office, restaurant or general commercial uses and amend the maximum number of residential units
from 420 to 440. The provision allowing up to 10% of the building to be developed for office,
restaurant or general commercial uses would remain.
The Planning and Zoning Commission voted 7-0 to recommend approval of the amendment to PUD
No. 70. It is apparent to staff that the space is not conducive to non-residential users. The area has
been vacant for nearly five years. While the initial vision for this property was a mixed-use concept,
this amendment will allow for the creation of additional, attractive loft units that are in demand.
Therefore, staff recommends approval of this amendment
City of Round Rock
Page 1 Printed on 412512013
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2013039530
05/01/2013 03:25 PM
CPHELPS $40.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
CITY OF ROUND ROCK
Z 221 EAST MAIN STREET
ROUND ROCK, TX 78664