O-2015-2205 - 2/12/2015 ORDINANCE NO. 0-2015-2205
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1),
CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.3848 ACRES OF
LAND, DESCRIBED AS LOT 6, LOT 7, AND THE NORTH HALF OF
LOT 8, BLOCK 1 OF THE WASHINGTON ANDERSON ADDITION, IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM MU-2 (MIXED-
USE DOWNTOWN MEDIUM DENSITY) ZONING DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) NO. 99 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 0.3848 acres of land,
described as Lot 6, Lot 7, and the north half of Lot 8, Block 1 of the Washington
Anderson Addition, 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 Planned Unit Development (PUD) No. 99 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 7th day of January, 2015, 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. 99, and
0112.1504;00328503
WHEREAS, on the 12th day of February, 2015, 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 46-92 and Section 46-132, 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:
I.
That the City Council has hereby determined the Planned Unit Development
(PUD) No. 99 meets the following goals and objectives:
(1) The development in PUD No. 99 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) P.U.D. No. 99 is in harmony with the general purposes, goals, objectives
and standards of the General Plan.
(3) P.U.D. No. 99 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. 99 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. 99 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
II.
That the Official Zoning Map adopted in Section 46-132(b)(1), Code of
Ordinances (2010 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, Planned Unit Development
(PUD) No. 99, and that the Mayor is hereby authorized and directed to enter into the
Development Plan for PUD No. 99 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.
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.
414
READ, PASSED, and ADOPTED on first reading this V— day of
r9v1/ A/r - , 2015.
3
Alternative 2.
READ and APPROVED on first reading this the day of
, 2015.
READ, APPROVED and ADOPTED on second reading this the day of
, 2015.
OM A1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
/1/17i/ln • (4Q7(ibt—
SARA L. WHITE, City Clerk
4
CRICHTON AND ASSOCIATES EXHIBIT
LAND SURVEYORS
107 NORTH LAMPASAS
ROUND ROCK,TEXAS
512-244-3395
FIELD NOTES
FIELD NOTES FOR A 0.3848 ACRE TRACT OF LAND BEING LOT 6,
LOT 7, AND THE NORTH HALF OF LOT 8, BLOCK I OF THE
WASHINGTON ANDERSON ADDITION TO THE TOWN OF ROUND
ROCK, WILLIAMSON COUNTY, TEXAS, AN UNRECORDED
SUBDIVISION, BEING TWO TRACTS. TRACT I BEING THE SAME
TRACT RECORDED IN VOL. 937, PG. 880, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS AND TRACT II BEING THE SAME
TRACT RECORDED IN DOC. NO. 9639459, OFFICIAL RECORDS,
WILLIAMSON COUNTY, TEXAS. SAID 0.3848 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a %" iron rod set at the point of intersection of the East R.O.W. line of North Mays Street
and the South R.O.W. line of Milam Avenue,being the northwest corner of the said Tract H,the northwest corner of
this tract and the POINT OF BEGINNING.
THENCE N 77° 19'00"E,with the South R.O.W.line of Milam Avenue, 124.95 feet to a 'A" iron rod set at
the point of intersection of the South R.O.W. line of Milam Avenue and the West R.O.W. line of an alley,being the
Northeast corner of the said Tract II and the Northeast corner of this tract.
THENCE S 21° 14' 00" E, with the West line of the said alley, at 67.50 feet pass the Southeast corner of
said Tract II also being the Northeast corner of said Tract I,in all a total distance of 135.61 feet to a '/2" iron rod set
being the Northeast corner of a tract of land described as in deed to Gary and Charlotte Cooper in Vol. 2357, Pg.
. 366,Deed Records,Williamson County,Texas. Said iron rod also being the Southeast corner of said Tract I,and the
Southeast corner of this tract.
THENCE S 77° 19'00"W,with the North line of the said Cooper tract, 125.03 feet to a 1/2" iron rod set on
the East R.O.W. line of North Mays Street, being the Northwest corner of the said Cooper tract, the Southwest
corner of the said Tract I,and the Southwest corner of this tract.
THENCE N 21° 12' 09" W, with the East R.O.W. line of North Mays Street, at 67.50 feet pass the
Northwest corner of the said Tract I, also being the Southwest corner of the said Tract II, in all a total distance of
135.60 feet to the POINT OF BEGINNING and containing 0.3848 acres of land more or less.
I hereby certify that the foregoing field notes were prepared from a survey on the
ground under my supervision and are true and correct to the best of my knowledge and belief.
Witness my hand and seal this 17th day of January, 2002.
Herman Crichton, R.P.L.S. 4046
•
' i
Ni• - 4046- 1i. .a
EXHIBIT
«B„
DEVELOPMENT PLAN
NORTH MAYS WINE BAR
PLANNED UNIT DEVELOPMENT NO. 99
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 Sterling Carrizo Investments, LLC; as their respective interests may appear in the respective
portions of the hereinafter described property; and their respective successors and designated assigns.
Upon sale, transfer or conveyance of portions of the hereinafter described property by a respective
Owner to a designated third party owner/developer, the duties and obligations of the respective Owner,
as it relates to the respective property being sold, shall be assigned to and assumed by the new
owner/developer, and upon such sale and assignments of the duties and obligations hereunder,the
respective Owner shall have no further liability relating to the respective property so sold and conveyed.
WHEREAS, the Owner is the owner of certain real property consisting of 0.3848 acres, as more
particularly described in Exhibit "A" (Legal Description), (herein after referred to as the "Property")
attached hereto and made a part hereof; and
WHEREAS, the Owner has submitted a request to the City to zone the Property as a Planned Unit
Development (the "PUD"); and
WHEREAS, pursuant to Section 46-106 of the Code of Ordinances of the City of Round Rock, Texas,
the Owner has submitted Development Standards setting forth the development conditions and
requirements within the PUD, which Development Standards are 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 December 7, 2014, the City's Planning and Zoning Commission recommended
approval of the Owner's application for PUD zoning; 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:
1
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 II. 10.
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 Section 1-9, 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.
4.2. Effective Date
This Plan shall be effective from and after the date of approval by the City Council.
2
II.
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, City of Round Rock, Texas,
hereinafter referred to as "the Code."
2. PROPERTY
This Plan covers approximately 0.3848 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 the 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
MU-2 (Mixed-use downtown medium density) zoning district and other
sections of the Code, as applicable, and 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. Other Ordinances
All other Ordinances within the Code, 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.
3
5. PERMITTED USES
5.1. All uses in the MU-2 (Mixed-use downtown medium density) zoning
district, in addition to:
1) Wine bar, subject to the following:
a) Wine bar shall be defined as an establishment for the sale and
consumption on the premises of wine or beer, the sale of wine or beer
by the bottle for consumption off of the premises, and food service
facilities for the preparation and service of multiple entrees.
b) With the location of an outdoor rear or side service area or patio, Owner
shall be required to install and maintain a landscape buffer along the
eastern property line for a distance of 60 feet from East Milam Avenue.
Such landscape buffer shall consist of Arizona Cypress trees of a
minimum of a 3-inch caliper diameter, measured at twelve- inches (12")
above base, planted at a spacing of 20 feet on center.
c) All applicable State alcoholic beverage licensing requirements shall be
met.
d) Within the outdoor premises of the wine bar, including seating areas on
patios, it shall be lawful for the owner of any dog to permit such animal
to enter and remain within the outdoor seating area or patio.
5.2. 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.
6. TRANSPORTATION
The City has determined that the project will have no significant impact on
transportation and has waived the requirement for a traffic impact assessment.
7. GENERAL PLAN 2020
This Development Plan is in compliance with the Round Rock General Plan 2020,
which was adopted on July 22, 2010.
8. CONCEPT PLAN
This Plan serves as the Concept Plan required by Section 36-39 of the Code.
4
9. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Zoning Administrator, all electrical,
telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground.
10. CHANGES TO DEVELOPMENT PLAN
10.1. 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 Zoning Administrator and the City Attorney.
10.2. Major Changes
All changes not permitted under section 10.1 above shall be resubmitted
following the same procedure required by the original PUD application.
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit"A" Legal Description of Property
5
CRICHTON AND ASSOCIATES EXHIBIT
LAND SURVEYORS «A„
107 NORTH LAMPASAS
ROUND ROCK,TEXAS
512-244-3395
FIELD NOTES
FIELD NOTES FOR A 0.3848 ACRE TRACT OF LAND BEING LOT 6,
LOT 7, AND THE NORTH HALF OF LOT 8, BLOCK 1 OF THE
WASHINGTON ANDERSON ADDITION TO THE TOWN OF ROUND
ROCK, WILLIAMSON COUNTY, TEXAS, AN UNRECORDED
SUBDIVISION, BEING TWO TRACTS. TRACT I BEING THE SAME
TRACT RECORDED IN VOL. 937, PG. 880, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS AND TRACT II BEING THE SAME
TRACT RECORDED IN DOC. NO. 9639459, OFFICIAL RECORDS,
WILLIAMSON COUNTY, TEXAS. SAID 0.3848 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a 1/4" iron rod set at the point of intersection of the East R.O.W. line of North Mays Street
and the South R.O.W. line of Milan Avenue,being the northwest corner of the said Tract II,the northwest corner of
this tract and the POINT OF BEGINNING.
THENCE N 77° 19'00"E,with the South R.O.W.line of Milam Avenue, 124.95 feet to a 1/4"iron rod set at
the point of intersection of the South R.O.W. line of Milam Avenue and the West R.O.W. line of an alley, being the
Northeast corner of the said Tract II and the Northeast corner of this tract.
THENCE S 21° 14' 00" E, with the West line of the said alley, at 67.50 feet pass the Southeast corner of
said Tract II also being the Northeast corner of said Tract I, in all a total distance of 135.61 feet to a '/2" iron rod set
being the Northeast corner of a tract of land described as in deed to Gary and Charlotte Cooper in Vol. 2357, Pg.
. 366,Deed Records,Williamson County,Texas. Said iron rod also being the Southeast corner of said Tract I,and the
Southeast corner of this tract.
THENCE S 77° 19'00" W,with the North line of the said Cooper tract, 125.03 feet to a'/2" iron rod set on
the East R.O.W. line of North Mays Street, being the Northwest corner of the said Cooper tract, the Southwest
corner of the said Tract I,and the Southwest corner of this tract.
THENCE N 21° 12' 09" W, with the East R.O.W. line of North Mays Street, at 67.50 feet pass the
Northwest corner of the said Tract I, also being the Southwest corner of the said Tract II, in all a total distance of
135.60 feet to the POINT OF BEGINNING and containing 0.3848 acres of land more or less.
I hereby certify that the foregoing field notes were prepared from a survey on the
ground under my supervision and are true and correct to the best of my knowledge and belief.
Witness my hand and seal this 17th day of January, 2002.
Herman Crichton, R.P.L.S. 4046
iiii;,07,-,mgatok,., fa
+70
4046 '
4
ELECTRONICALLY RECORDED 2015011665
Williamson County Texas
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. 0-2014-2205, which rezones
0.3848 acres of land from MU-2 (Mixed Use Downtown Medium Density) to Planned Unit
Development (PUD) No. 99. This ordinance was approved and adopted by the City
Council of the City of Round Rock at a regular meeting held on the 12th day of February
2015, and is recorded in the City Council Minute Book 60.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 17th day
of February 2015.
1- t
?IiIA/1- • ir
SARA L. WHITE, TRMC, City Clerk
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ORDINANCE NO. 0-2015-2205
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1),
CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK,
TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID
OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.3848 ACRES OF
LAND, DESCRIBED AS LOT 6, LOT 7, AND THE NORTH HALF OF
LOT 8, BLOCK 1 OF THE WASHINGTON ANDERSON ADDITION, IN
ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM MU-2 (MIXED-
USE DOWNTOWN MEDIUM DENSITY) ZONING DISTRICT TO PUD
(PLANNED UNIT DEVELOPMENT) NO. 99 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 0.3848 acres of land,
described as Lot 6, Lot 7, and the north half of Lot 8, Block 1 of the Washington
Anderson Addition, 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 Planned Unit Development (PUD) No. 99 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 7th day of January, 2015, 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. 99, and
0112.1504;00328503
WHEREAS, on the 12th day of February, 2015, 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 46-92 and Section 46-132, 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 has hereby determined the Planned Unit Development
(PUD) No. 99 meets the following goals and objectives:
(1) The development in PUD No. 99 is equal to or superior to development
that would occur under the standard ordinance requirements.
(2) P.U.D. No. 99 is in harmony with the general purposes, goals, objectives
and standards of the General Plan.
(3) P.U.D. No. 99 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. 99 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. 99 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
II.
That the Official Zoning Map adopted in Section 46-132(b)(1), Code of
Ordinances (2010 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, Planned Unit Development
(PUD) No. 99, and that the Mayor is hereby authorized and directed to enter into the
Development Plan for PUD No. 99 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.
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.
1.7
READ, PASSED, and ADOPTED on first reading this k" day of
, 2015.
3
Alternative 2.
READ and APPROVED on first reading this the day of
, 2015.
READ, APPROVED and ADOPTED on second reading this the day of
, 2015.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
Al JEST:
wir Vr SARA L.L. WHITE, City Clerk
4
CRICHTON AND ASSOCIATES EXHIBIT
LAND SURVEYORS "A"
107 NORTH LAMPASAS
ROUND ROCK,TEXAS
512-244-3395
FIELD NOTES
FIELD NOTES FOR A 0.3848 ACRE TRACT OF LAND BEING LOT 6,
LOT 7, AND THE NORTH HALF OF LOT 8, BLOCK I OF THE
WASHINGTON ANDERSON ADDITION TO THE TOWN OF ROUND
ROCK, WILLIAMSON COUNTY, TEXAS, AN UNRECORDED
SUBDIVISION, BEING TWO TRACTS. TRACT I BEING THE SAME
TRACT RECORDED IN VOL. 937, PG. 880, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS AND TRACT H BEING THE SAME
TRACT RECORDED IN DOC. NO. 9639459, OFFICIAL RECORDS,
WILLIAMSON COUNTY, TEXAS. SAID 0.3848 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a '/2" iron rod set at the point of intersection of the East R.O.W. line of North Mays Street
and the South R.O.W. line of Milam Avenue,being the northwest corner of the said Tract II,the northwest corner of
this tract and the POINT OF BEGINNING.
THENCE N 77° 19'00"E,with the South R.O.W.line of Milam Avenue, 124.95 feet to a %2"iron rod set at
the point of intersection of the South R.O.W. line of Milam Avenue and the West R.O.W. line of an alley,being the
Northeast corner of the said Tract II and the Northeast corner of this tract.
THENCE S 21° 14'00" E, with the West line of the said alley, at 67.50 feet pass the Southeast corner of
said Tract II also being the Northeast corner of said Tract I,in all a total distance of 135.61 feet to a ''A" iron rod set
being the Northeast corner of a tract of land described as in deed to Gary and Charlotte Cooper in Vol. 2357, Pg.
• 366,Deed Records, Williamson County,Texas.Said iron rod also being the Southeast corner of said Tract I,and the
Southeast corner of this tract.
THENCE S 77° 19'00"W,with the North line of the said Cooper tract, 125.03 feet to a'/2" iron rod set on
the East R.O.W. line of North Mays Street, being the Northwest corner of the said Cooper tract, the Southwest
corner of the said Tract I,and the Southwest corner of this tract.
THENCE N 21° 12' 09" W, with the East R.O.W. line of North Mays Street, at 67.50 feet pass the
Northwest corner of the said Tract I, also being the Southwest corner of the said Tract II, in all a total distance of
135.60 feet to the POINT OF BEGINNING and containing 0.3848 acres of land more or less.
I hereby certify that the foregoing field notes were prepared from a survey on the
ground under my supervision and are true and correct to the best of my knowledge and belief.
Witness my hand and seal this 17th day of January, 2002.
Herman Crichton, R.P.L.S. 4046
0%0
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116*/tifrigiaC*."1ffir''' /
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EXHIBIT
„B„
DEVELOPMENT PLAN
NORTH MAYS WINE BAR
PLANNED UNIT DEVELOPMENT NO. 99
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 Sterling Carrizo Investments, LLC; as their respective interests may appear in the respective
portions of the hereinafter described property; and their respective successors and designated assigns.
Upon sale, transfer or conveyance of portions of the hereinafter described property by a respective
Owner to a designated third party owner/developer, the duties and obligations of the respective Owner,
as it relates to the respective property being sold, shall be assigned to and assumed by the new
owner/developer, and upon such sale and assignments of the duties and obligations hereunder,the
respective Owner shall have no further liability relating to the respective property so sold and conveyed.
WHEREAS, the Owner is the owner of certain real property consisting of 0.3848 acres, as more
particularly described in Exhibit "A" (Legal Description), (herein after referred to as the "Property")
attached hereto and made a part hereof; and
WHEREAS, the Owner has submitted a request to the City to zone the Property as a Planned Unit
Development(the "PUD"); and
WHEREAS, pursuant to Section 46-106 of the Code of Ordinances of the City of Round Rock, Texas,
the Owner has submitted Development Standards setting forth the development conditions and
requirements within the PUD, which Development Standards are 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 December 7, 2014, the City's Planning and Zoning Commission recommended
approval of the Owner's application for PUD zoning; 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 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 II. 10.
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 Section 1-9, 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.
4.2. 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 City of Round Rock Code of Ordinances, as amended, City of Round Rock, Texas,
hereinafter referred to as "the Code."
2. PROPERTY
This Plan covers approximately 0.3848 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 the 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
MU-2 (Mixed-use downtown medium density) zoning district and other
sections of the Code, as applicable,and 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. Other Ordinances
All other Ordinances within the Code, 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.
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5. PERMITTED USES
5.1. All uses in the MU-2 (Mixed-use downtown medium density) zoning
district, in addition to:
1) Wine bar, subject to the following:
a) Wine bar shall be defined as an establishment for the sale and
consumption on the premises of wine or beer, the sale of wine or beer
by the bottle for consumption off of the premises, and food service
facilities for the preparation and service of multiple entrees.
b) With the location of an outdoor rear or side service area or patio, Owner
shall be required to install and maintain a landscape buffer along the
eastern property line for a distance of 60 feet from East Milam Avenue.
Such landscape buffer shall consist of Arizona Cypress trees of a
minimum of a 3-inch caliper diameter, measured at twelve- inches (12")
above base, planted at a spacing of 20 feet on center.
c) All applicable State alcoholic beverage licensing requirements shall be
met.
d) Within the outdoor premises of the wine bar, including seating areas on
patios, it shall be lawful for the owner of any dog to permit such animal
to enter and remain within the outdoor seating area or patio.
5.2. 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.
6. TRANSPORTATION
The City has determined that the project will have no significant impact on
transportation and has waived the requirement for a traffic impact assessment.
7. GENERAL PLAN 2020
This Development Plan is in compliance with the Round Rock General Plan 2020,
which was adopted on July 22, 2010.
8. CONCEPT PLAN
This Plan serves as the Concept Plan required by Section 36-39 of the Code.
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9. UNDERGROUND UTILITY SERVICE
Except where approved in writing by the Zoning Administrator, all electrical,
telephone and cablevision distribution and service lines, other than overhead
lines that are three phase or larger, shall be placed underground.
10. CHANGES TO DEVELOPMENT PLAN
10.1. 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 Zoning Administrator and the City Attorney.
10.2. Major Changes
All changes not permitted under section 10.1 above shall be resubmitted
following the same procedure required by the original PUD application.
LIST OF EXHIBITS
EXHIBIT DESCRIPTION
Exhibit"A" Legal Description of Property
5
2015011665 Page 12 of 12
CRICHTON AND ASSOCIATES EXHIBIT
LAND SURVEYORS "A"
107 NORTH LAMPASAS J
ROUND ROCK,TEXAS
512-244-3395
FIELD NOTES
FIELD NOTES FOR A 0.3848 ACRE TRACT OF LAND BEING LOT 6,
LOT 7, AND THE NORTH HALF OF LOT 8, BLOCK I OF THE
WASHINGTON ANDERSON ADDITION TO THE TOWN OF ROUND
ROCK, WILLIAMSON COUNTY, TEXAS, AN UNRECORDED
SUBDIVISION, BEING TWO TRACTS. TRACT I BEING THE SAME
TRACT RECORDED IN VOL. 937, PG. 880, DEED RECORDS,
WILLIAMSON COUNTY, TEXAS AND TRACT II BEING THE SAME
TRACT RECORDED IN DOC. NO. 9639459, OFFICIAL RECORDS,
WILLIAMSON COUNTY, TEXAS. SAID 0.3848 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a '/z" iron rod set at the point of intersection of the East R.O.W. line of North Mays Street
and the South R.O,W. line of Milani Avenue,being the northwest corner of the said Tract II,the northwest corner of
this tract and the POINT OF BEGINNING.
THENCE N 77° 19'00"E,with the South R.O.W.line of Mi lam Avenue, 124.95 feet to a '4z" iron rod set at
the point of intersection of the South R.O.W. line of Milam Avenue and the West R.O.W. line of an alley, being the
Northeast corner of the said Tract II and the Northeast corner of this tract.
THENCE S 21° 14'00" E,with the West line of the said alley, at 67.50 feet pass the Southeast corner of
said Tract II also being the Northeast corner of said Tract 1, in all a total distance of 135.61 feet to a %z" iron rod set
being the Northeast corner of a tract of land described as in deed to Gary and Charlotte Cooper in Vol. 2357, Pg.
366,Deed Records, Williamson County,Texas,Said iron rod also being the Southeast corner of said Tract I,and the
Southeast corner of this tract.
THENCE S 77° 19'00" W,with the North Iiric of the said Cooper tract, 125,03 feet to a /z" iron rod set on
the East R.Q.W. line of North Mays Street, being the Northwest corner of the said Cooper tract, the Southwest
corner of the said Tract I,and the Southwest corner of this tract.
THENCE N 2I° 12' 09" W, with the East R.O.W. line of North Mays Street, at 67.50 feet pass the
Northwest corner of the said Tract 1, also being the Southwest corner of the said Tract II, in all a total distance of
135,60 feet to the POINT OF BEGINNING and containing 0.3848 acres of land more or less.
I hereby certify that the foregoing field notes were prepared from a survey on the
ground under my supervision and are true and correct to the best of my knowledge and belief.
Witness my hand and seal this 17th day of January, 2002.
Herman Crichton, R.P.L.S. 4046 2015011665
Electronically Recorded
•
OFFICIAL PUBLIC RECORDS
\JRANAJE---N-LATEN---
, ;I / Nancy E. Rister, County Clerk
416•• 't ' '�-r4'; 2/17/2015 1:39 PM
dO4H�470 t Pages: 12 Fee: $65.00
`,' j., J/ Williamson County Texas