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Z-05-09-22-13E1 - 9/22/2005ORDINANCE NO. Z- 05-0 9- A A-)3 E 1 AN ORDINANCE AMENDING ORDINANCE NO. Z -99-01-28-A2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 28, 1999, BY ADDING EXHIBIT "D" AND AMENDING EXHIBIT "C" OF PUD NO. 35, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on January 28, 1999, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z -99-01-28-A2, which established PUD No. 35, and WHEREAS, anapplication has been made to the City Council of the City. of, Round Rock, Texas to amend Exhibit "C" of PUD No. 35, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -99- 01-28-A2 on the 17th day of August, 2005, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z -99-01-28-A2 be amended, and WHEREAS, on the 22nd day of September, 2005, after proper notification, the City Council held a public hearing on the requested amendment to Ordinance No. Z -99-01-28-A2, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z -99-01-28-A2 promotes the health, safety, morals and general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances, 1995 Edition, City of Round Rock, Texas @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050922E1.WPD/cdc concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That. the. City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #35 meets the following goals and objectives: (1) The amendment to P.U.D. #3 5 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment. to P.U.D. #35 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) The amendment to P.U.D. #35 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking,utilities or any other matters affecting the public health, safety -and general welfare. II. That Section 2 of Exhibit "C" of PUD No. 35, as approved in Ordinance No. Z -99-01-28-A2, is hereby amended by.adding the words "Drive-through Automated Teller Machines ("ATM's"), as depicted in Exhibit -`D" to the list of Permitted and Prohibited Uses for Tract Two. 2 That Exhibit "D", attached hereto, is added to and incorporated into PUD No. 35, as approved in Ordinance No. Z -99-01- 28-A2. A. All ordinances, IV. parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any ordinance shall not invalidate thereof. C. The City notice of the date, section or provision of this other sections or provisions Council hereby finds and declares that written 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, secondedand 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 X1114day 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. 3 READ, APPROVED and ADOPTED on second reading this the day of , 2005. NY Ma 1 • f Round Rock, Texas ATTEST: Christine Martinez, City Secretary 4 EXHIBIT D Page 1 of 3 PARK VALLEY DRIVE BAKER-AICKLEN & ASSOCIATES. INC. ENGINEERS/SURVEYORS 1C1 OD EXHIBIT D Page 2 of 3 EXHIBIT D Page 3 of 3 LEFT ELEVATION REAR ELEVATION RIGHT ELEVATION FRONT ELEVATION 0 CL.. at al 0 tl a TBD BY CUSTOMER LL LL w ti 0 tY 2n I- CD w 0 Z om W co NUJ cf) X LUM Z >wo 2UJ2 Qoco ti— b G'PPHIC5 5IGN GFr- Amendment to PUD 35 DATE: September 16, 2005 SUBJECT: City Council Meeting - September 22, 2005 ITEM: 13.E.1. Consider an ordinance to amend a portion of PUD No. 35 (Planned Unit Development), Lot 1, Block A, Park Valley Oaks Subdivision to add an ATM as a permissible use. (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: PUD 35 is divided into two tracts: Tract One is south of Park Valley Drive and Tract Two is north of Park Valley Drive. As noted in the "History"section above, the majority of Tract One was rezoned to PF -3 (Public Facilities - High Intensity) in 2004 and is currently used for the Round Rock Medical Center and a Walgreens store. Tract Two is comprised of roughly 30 acres, with three platted lots fronting Park Valley Drive. The remaining 22 acres north of these lots are unplatted and undeveloped. Of the three platted lots on Park Valley Drive, the westernmost lot is theonly lot that is currently developed. It is the site of the Wyoming Springs Medical Center. Another medical office is currently under construction on the lot to the east of the medical center. This medical office site is where the applicant would like to locate a drive-through ATM. Because the permitted uses on Tract Two are limited to residential and medical uses, the addition of an ATM will require an amendment to the PUD to permit this type of commercial/financial use. The proposed location of the ATM has been reviewed by the Development Review Committee and does not present any conflicts with the parking or circulation of the proposed medical office. In addition, the applicant has verified that any lighting associated with the ATM will not be visible from any nearby residences. While the use itself is a bit of a departure from the medical nature of this tract, the scale of the use is minimal to such a degree that it hardly detracts from the intent of the PUD or the overall nature of the development. The draft ordinance amending the PUD, as well as the proposed location and appearance of the ATM, is attached. Funding: Cost: N/A Source of funds: N/A Outside Resources: Jon Sloan, First Texas Bank Background Information: PUD 35 was adopted in 1999. Roughly 41 acres of the PUD was rezoned to PF -3 (Public Facilities - High Intensity) in 2004 for the Round Rock Medical Center. On August 17, 2005, the Planning and Zoning Commission rendered a favorable recommendation to amend the PUD as proposed. Public Comment: Notification was sent out to neighboring property owners and a public hearing was held on August 17, 2005, at the regular meeting of the Planning and Zoning Commission. IIIIIIIIIIIIIIIlhIIIIIiIIIIIiIIIIIIIIIIIIIIII!ijIIIIIIillli °R° 9 PG5 THE STATE OF TEXAS * COUNTY OF WILLIAMSON * CITY OF ROUND ROCK * 2005084110 T I, SHERRI MONROE, Assistant City Secretary of the City of Round Rock, Texas, do hereby certify that I am the custodian of the public records maintained by the City and that the above and foregoing is a true and correct copy of Ordinance No. Z -05-09- 22-13E1, which approves amending a portion of PUD No. 35, Lot 1, Block A, Park Valley Oaks Subdivision to add an ATM as a permissible use. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, on the 22nd day of September, 2005. These minutes are recorded in the official City Council Minute Book No. 53. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 20th day of October 2005. SHERRI MONROE, Assistant City Secretary 5-ANORDINANCE NO. 2,- 05- AN ORDINANCE AMENDING ORDINANCE NO. Z -99-01-28-A2, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON JANUARY 28, 1999, BY ADDING EXHIBIT "D" AND AMENDING EXHIBIT "C" OF PUD NO. 35, APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE, PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on January 28, 1999, the City Council of the City of Round Rock, Texas, adopted Ordinance No. Z -99-01-28-A2, which established PUD No. 35, and WHEREAS, an. application has been made to the City Council of the City. of Round Rock, Texas to amend Exhibit "C" of PUD No. 35, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested amendment to Ordinance No. Z -99- 01-28-A2 on the 17th day of August, 2005, following lawful publication of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that Ordinance No. Z -99-01-28-A2 be amended, and WHEREAS, on the 22'4 day_ of September, 2005, after proper notification; the City Council held a public hearing on the requested amendment to Ordinance No. Z -99-01-28-A2, and WHEREAS, the City Council determined that the requested amendment to Ordinance No. Z -99-01-28-A2 promotes the health, safety, morals and general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300, Code of Ordinances, 1995 Edition, City of Round Rock, Texas @PFDesktop\:,ODMA/WORLDOX/O:/WDOX/ORDINANC/050922E1.WPD/cdc concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council hereby determines that the proposed amendment to Planned Unit Development (PUD) District #35 meets the following goals and objectives: (1) The amendment to P.U.D. #35 is equal to or superior to development that would occur under the standard ordinance requirements. (2) The amendment to P.U.D. #35 is in harmony with the general purposes, goals, objectives and standards. of the General Plan. (3) The amendment to P.U.D. #35 does not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking,utilities or any other matters affecting the public health, safety and general welfare. II. That Section 2 of Exhibit "C" of PUD No. 35, as approved in Ordinance No. Z -99-01-28-A2, is hereby amended by -adding the words "Drive-through Automated Teller Machines ("ATM's"), as depicted in Exhibit 'D" to the list of Permitted and Prohibited Uses for Tract Two. 2 That Exhibit attached hereto, is added to and incorporated into PUD No. 35, as approved in Ordinance No. Z -99-01- 28-A2. IV. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act;- Chapter 551, Texas Government Code, as amended. Alternative 1. .By -motion duly made, seconded and passed with an affirmative _vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED,- and. ADOPTED on • first reading this art. day .AYtheA.), 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. 3 READ, APPROVED and ADOPTED on second reading this the day of , 2005. ATTEST: R Christine Martinez, City Secretary f Round Rock, Texas EXHIBIT D Page 1 of 3 r 1383-2 OOIJ1 PARK VALLEY DRIVE BAKER-AICKLEN & ASSOCIATES, INC. ENGINEERS/SURVEYORS • EXHIBIT D Page 2 of 3 RECORDERS MEMORANDUM All or part of the text on this page was not clearly legible for satisfactory recordation. EXHIBIT D LEFT ELEVATION REAR ELEVATION RIGHT ELEVATION FRONT ELEVATION LL Z Co 0 rw f� c / 3 SU =a W cc cook cow Go o W n oz Z a X z >WO N 0 ti TBD BY CUSTOMER Page 3 of 3 Amendment to PUD 35 FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005084110 10/20/2005 04:35 PM CARRILLO $48.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS PIserted4 rth rri kd uq d off, ,-CC