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Z-05-12-01-8B6 - 12/1/2005ORDINANCE NO. Z - 05-1 _ 0 / _ g Co AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), 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 ZONE 3.165 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 66. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A" as Planned Unit Development (PUD) No. 66, said exhibit being attached hereto and incorporated herein, 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 2nd day of November, 2005, 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.66, and WHEREAS, on the 1st day of December, 2005, after proper notification, the City Council held a public hearing on the requested amendment, and @PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/051201B6.WPD/cdc 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, 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 COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council has hereby determined the Planned Unit Development (PUD) No 66 meets the following goals and objectives: (1) The development in PUD No. 66 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 66 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 66 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. 66 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. 66 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. H. That the Official Zoning Map adopted in Section 11.305(2), 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", attached hereto and incorporated herein shall be, and is hereafter designated as Planned Unit Development (PUD) No. 66, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 66 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, .or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. 5Y READ, PASSED, and ADOPTED on first reading this day of 1Al, 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. R art L, ayor Ci of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 4. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, Block A, Section 1, Round Rock Express Subdivision. EXHIBIT 3 7B" AGREEMENT AND DEVELOPMENT PLAN ROUND ROCK EXPRESS SUBDIVISION PUD PLANNED UNIT DEVELOPMENT NO. 66 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and RRE Investors, L.P. its successors and assigns, having their offices at P.O. Box 5309, Round Rock, TX 78683 (hereafter referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean RRE Investors, 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 3.165 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 setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; 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 November 2, 2005, 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 Development 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 -1- Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.9 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development 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. LIEN HOLDER CONSENT That the lien holder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lien holder consent is attached hereto and incorporated herein as Exhibit "B", attached hereto and incorporated herein. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld, conditioned or delayed. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this -2- Agreement and Development Plan. No consent shall be required in connection with such sale or lease of the Property provided the purchaser or lessee assumes Owner's obligations in writing as to such portions of the Property, at which time the Owner shall be released from any further obligations. 5.2 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability In case one or more provisions contained of this Agreement are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. -3- 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER CITY OF ROUND ROCK RRE Investors, L.P. P.O. Box 5309 Round Rock, TX 78683 Attn : Reese Ryan 5.10 Effective Date City of Round Rock, Texas 301 West Bagdad, Suite 210 Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Clause In the event that a Site Development Permit has not been issued for the Property within four (4) years from the date that this Agreement is approved by City Council, this Agreement shall be automatically voided and the Property shall revert to interim SF -R (Single Family - Rural Lot) zoning. -4- II. DEVELOPMENT PLAN 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 Development Plan ("Plan") covers approximately 3.165 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit 3. DEVELOPMENT PARCELS For the purpose of assigning land use and development standards, the Property has been divided into development parcels, as shown in Exhibit "C" and more fully described in Exhibits "C-1" and "C-2". 4. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that 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 in accordance with any existing zoning district. 5. APPLICABILITY OF CITY ORDINANCES 5.1 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 applicable sections of the Code. More specifically, the underlying zone for the -5- property shall be C-1 (General Commercial) with the Palm Valley Overlay. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 5.2 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 Agreement shall control. 6. PERMITTED USES The Property shall be used and developed for the uses as shown in Exhibits "D-1" and "D-2". 7. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the development standards set forth in Exhibits "D-1" and "D-2". 8. 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. 9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 9.1 Minor Changes Minor changes to this Agreement or 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. 9.2 Major Changes All changes not permitted under section 9.1 above shall be resubmitted following the same procedure required by the original PUD application. -6- 10. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 11. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. RRE Investors, L.P. By: [name] [title] Date: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -7- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" Lien Holder Consent Exhibit "C" Development Parcel Map Exhibit "C-1" Metes and Bounds Description of Parcel 1 Exhibit "C-2" Metes and Bounds Description of Parcel 2 Exhibit "D-1" Uses and Development Standards for Parcel 1 Exhibit "D-2" Uses and Development Standards for Parcel 2 Exhibit "E" Sign Locations -8- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, Block A, Section 1, Round Rock Express Subdivision, as recorded in Cabinet S, Slides 156-160 of the Plat Records of Williamson County Texas. THE STATE OF TEXAS COUNTY OF WILLIAMSON EXHIBIT B LIEN HOLDER CONSENT § That , acting herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust recorded as Document No. of the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 3.165 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. By: Name: Title: ATTEST: By: Name: Title: STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of , 2005 by of , a on behalf of said Notary Public, State of Texas Commission Expires: EXHIBIT C DEVELOPMENT PARCEL MAP 09T-99r S:RITIS ',FWD [i mou agog ,O'I O')' NI 4 ! EXHIBIT C-1 METES AND BOUNDS DESCRIPTION OF PARCEL 1 ESCIPTION . FOR 0.760 ACRETRACT t 1 LAND s' ITI.).rvT1 L IN THE P. A. HOLDER DI SI,_•B.\ Y", ABSTRAC'T NO, 297, WILLIAMSON COIINTY, TEXAS, BEING TION OF LOT 1 BLOCK A, ROI.IND ROCK EXPRESS 1 D1)I ISX N, SECTION ONE, A SUBDIVISION ISIO RECORDED IN CABINET S, SLIDES 156 160 OF THE 'PLAT RECORDS' OF SAID COUNTY, SAID 0.760 O A RE TRACT IS MORE PARTICULARLY %1LA DESCRIBED IB. i BY METES ANDBouNris AS 01 0\VS. BEGINNING at a talc rla ed print for the southwest comes e)1 sai e being "n the hi- ay fw vay li re of . S Higl way No. 79, for the southwest corner and POINT OF BEGINI G' tacrc t fro 'wl :ich a T T) T type 1I brass disc found bears, S 1. c' ' 4,, , fc r aiistance ofC). feet .NCE, with the Wiest: Line of said Lit 1, N i:)1: ` l' S7" W (Basis of Bearings} for a d of 2.58 feet to the northwest coater of said Lot 1, Sartre""being the most westerly snuthwcst corner oek A, of said found Rock Express ress Subdivision, Section One, for the no er Iran of; THENCE with tlte' north line of said Lo following tvv°c (" c.antses and dis N 88° 2' ,1 " fora distance of 0a5 fe being the south line of said I�ot 2, the 4o a c;alenlated point of c u at e arc of ur c to the left, having a radius of 175.00 flet, an arc a car tr I an 1 crf 45' 57' 56" and a chord which bears, N 65" 29' 15 or a of 136.66 fact: to a calculated point of non -tangency for the northeast corner hereof; It Bleck A, Ro Exp ss sts rli i 0.760 Acre Tr t Page 2 of T1 I t r u h tl e it to for of said Lot i., ° l' 3 ". for a distance iii" I.9 feat t Mated pont on tl e sr uth line f said Tit , sart e'b in `the roc rti right -of way 11 o s U. S.HighwayNo. :, for the southeast ocrner lerof;, C,` with the south l.ir (e f said Highway No. 29, 7' 48" Wl`c r a NNING and containincontaining 0.760 acs; of land Surveyed under the dir seer ion of the undersi A. Nol, Registered Profession l ctd urveyor No. BAKE .- ICK,C EN & ASSOCIATES, INC. 405 Rt shy Creek Road Cedar Park, Texas 78613 (512) 244-9620 a to of said POINT OF x,01' 1 PAR 1 [. (_Cioc-. EXHIBIT C-2 METES AND BOUNDS DESCRIPTION OF PARCEL 2 n ESCRiPTiON )R A 2,405 ACRE, TRACT OF LAND SITUATED . IN THE P. A, HOLDER ER: RVEY, , ABSTRACT NO. 297, W'I .IIA SON C'OI I T ", TEXAS, BEING A PORTION OF LOT 1, BLOCK A, ROUND ROCK 1 XPR JSS SUBDIVISION, N, S1X 11 N ONE, A SUBDIVISION RECORDED IN C"VII I T S, SI.,,1 )1 S 1 - 160 OF THE PLAT RECORDS OF SA,II COUNTY, SAID 2,405 ACRE TINCT IS MORE PAR`I'ICU1_AA.R.L DESCRIBED B METES AND OU S AS bol L lei\ llC at a c southerly south west e rtter of .ot 2, on the r1ot`th right-of-way 1 T OF BEG I G hereof, the southeast -corner of said Lot 1, sat e l eirag the most A, of said Round Rock Fxptes Sttbdi‘jisiota,'Sectior�� of t.I. S. Highway No. 79, for the southeast corner and THENCE with the 15, S highway No. 29. southwest hereof, from distance of 15593, from bears, S 13' 36' 54" h line of said 37' 48" W THENCE tl' non -tangent c line of said Lot 2 hears, with 140.39 feet, a cen distance of 136.66 ENCE with wring five (5) c id southwest e a distance of 0„63 feet, same tieing the notch right est=way line of said lnee of 371.20 feet to a calculated point for the ter of said Lot .1 bears, S 63° 37' 48" W for a id Lot 1 a TXDOT type 11 brass disc found ntenor of said Lot 1, N or 21' 3 " ' for a distance of 195, 5 l et to a d point of curvature on the north line of said I c$t 1, senna being tuth or the northwest cornu° hereof, from which the northwest corner of said Lot 1 of a curve to the right, having a radius of 175.00 feet, an arc length of al angle of 450 57' 56", and a chord which hears, S 650 29' 15" W for a '1 t:o a calculated point and S 88°28' 1.3" W fora distance of 40.05 feet; N 42a 37'_51" E fora distance t. 870 27' 53" E for a distance t s of said Lot 1, same being the south line of said Lot 2, the 430,41 feet to a calculated angle poi' hereof 34.112 feet to a calculated point of cu alure here look A, taunt Rock Eiprosub ivision, Soctlrlr Or 1405 Acre Trac 2tf2 a mire to the right, having a radius of I .50 fee of 900 10' 29", and a chord which bears, 5 4r dated point of tangency hereof, a central a gte 26.20 feet to a ca h. of 29,12 feet, a distance of ulated point o evil% the arc of a curve to the right, having a radius of 30.00 1 * eentr l tit le of 650 ' 2ti" and a chord which heti 32.67 feet to the POINT OF BEGINNING and contai of 34.55 rs, 300 ' it ' for a distance t f t ing 2.405 acres of land, Sui veyed under tate directsupervision of the undersigned during April, 2005: arart A. Nol Registered Professional Land Surveyor No, 5589 l AI ER-AICKLSOCIATES, INC. 405 Bushy Creek Road Cedar Park, Texas 78613 (512) 244,-9620 b No.; 1038-2-002-20 [�tnFsa ts; I.i1 RC�.ti i4':I Rt t'R.s'St T'Ii N 1 LOT SS & BOUNDS \R„ sXPPRFss SC`f "I Ili'' ,2 .DOC EXHIBIT D-1 USES AND DEVELOPMENT STANDARDS FOR PARCEL 1 The following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 1 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-1". Unless otherwise defined, all terms used shall correspond to the definitions in the Code. 1. PERMITTED USES The following principal uses are permitted on the Property: • Restaurants (without drive-through services) • Bars/Pubs/Taverns • Retail sales • Outdoor entertainment (as an accessory use to restaurants, bars or taverns) • Accessory uses related to Round Rock Express Stadium • Wireless Transmission Facility, Stealth 2. PROHIBITED USES The following uses are prohibited: • Amusement parks or carnivals • Automotive and/or machinery repair • Automotive and/or machinery services • Automotive and/or machinery washes • Automotive parts sales • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales • Bulk distribution centers • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery stores • Heavy equipment sales, rental and/ or leasing • Industrial building sales • Kennels • Machinery sales • Manufactured home sales • Mini warehouses • Outdoor display and storage of goods • Pawn shops • Portable building sales • Recreational vehicle parks • Recycling centers • Sale of used goods (except antiques, collectibles and estate sales) • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Vehicle sales • Video arcades (as a primary use) • Wholesale nurseries • Wireless Transmission Facility, Attached • Wireless Transmission Facility, Self -Standing • Wrecking yards 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 9 of this Agreement. 4. DESIGN STANDARDS The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) In keeping with the architectural design theme of the Palm Valley Plan, wood siding not to exceed twenty (20) percent of the building's exterior walls may be approved by the Zoning Administrator for eating establishments. 5. SIGNAGE Two (2) signs shall be permitted on the site and shall be located generally in accordance with Exhibit "E". The exact location of the signs is subject to the approval of the City Engineer. Unless otherwise approved by the Director of Planning, the signs shall be monument signs in accordance with Section 3.1400 and Section 11.422 of the Code. Any expenses incurred during the removal or replacement of the signs resulting from utility work in the public utility easement in which the signs are located shall be the sole responsibility of the Owner. 6. LANDSCAPING AND SCREENING In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following landscape development standards shall apply to the Property instead of otherwise applicable Code sections, City regulations or City policies. Landscape development standards not specifically addressed in this Section shall be required per the Code. In light of the unique nature of the Property, with the existing mature trees and the adjacent City and Dell Diamond parking lots, an alternative landscape design will provide a more attractive appearance than strict adherence to Code requirements. The alternative landscape design shall be in harmony with the proposed use in order to create a unique identity characteristic of a historical Central Texas setting emphasizing the native plant community. Unless otherwise approved by the City's Forestry Manager, all existing live oak trees on the Property shall not be removed. In lieu of street yard tree requirements, perimeter parking lot landscaping, and interior parking lot landscaping, the following requirements shall apply: 1. A split rail fence shall be installed in the following locations: • The entire length of the south side of Parcel 1 between the primary building and US 79. • The south side of the City property abutting Parcel 1 to the west between the existing parking lot and US 79. This fence shall run from the western boundary of Parcel 1 to the eastern edge of Harrell Parkway. The design and location of the fence shall be coordinated with the Old Settler's Park entry fence. The final location and design of the fence shall be approved by the Director of Parks and Recreation. • The entire length along the north property line of Parcel 1 except for areas reserved for access to the site. 2. The exact location and materials of the fence shall be determined during site plan review. 3. Vines shall be planted in conjunction with the installation of the fence and shall be trained to grow on the fence. 4. Large shrubs shall be planted in front of the fence every four (4) feet on center. 5. A minimum of seven (7) small tree species (as approved by the Forestry Manager) shall be planted along the western property line of Parcel 1. Similarly, a minimum of two (2) small tree species shall be planted along the eastern property line of Parcel 1. Each tree shall have a minimum caliper of two (2) inches and a minimum height of seven (7) feet. 6. In addition, a minimum of three (3) small tree species shall be planted in the interior of Parcel 1 to accent the building(s) on site. 7. The site shall also include large planting beds with native prairie grass and native accent plants. The planting beds shall be located, at a minimum, along the public right-of-way and at the public entries into the site. 8. In addition, the City property abutting Parcel 1 to the west shall be improved with a decorative walkway connecting the existing parking lot to Parcel 1 and with large planting beds with native prairie grass and native accent plants. The final location and design of these improvements shall be approved by the Director of Parks and Recreation. Unless otherwise specified, caliper size, height, measurement and other specifications referenced in this Agreement shall be as specified in the Round Rock Zoning Ordinance, Tree Protection and Preservation Ordinance and the Round Rock Tree Standards Technical Manual. Changes to this Section 6 may be approved as a minor amendment in accordance with Section 9.1 of this Agreement as long as the changes maintain a comparable level of plantings. 7. BUILDING SETBACK The minimum building setback from the north boundary of the Property shall be two (2) feet. All other setbacks shall be in accordance with the Code. 8. OFF-SITE IMPROVEMENTS All landscaping and other improvements required by this Agreement to City property shall require a license agreement prior to Site Development Permit release. Furthermore, use of City property for loading and/ or unloading of goods for use on the Property shall be subject to City approval and may require improvements to City property (such as the creation of a loading space) at the City's discretion. EXHIBIT D-2 USES AND DEVELOPMENT STANDARDS FOR PARCEL 2 The following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 2 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-2". Unless otherwise defined, all terms used shall correspond to the definitions in the Code. 1. PERMITTED USES The following principal uses are permitted on the Property: • Restaurants (without drive-through services) • Bars/Pubs/Taverns • Retail sales • Outdoor entertainment (as an accessory use to restaurants, bars or taverns) • Accessory uses related to Round Rock Express Stadium • Wireless Transmission Facility, Stealth 2. PROHIBITED USES The following uses are prohibited: • Amusement parks or carnivals • Automotive and/or machinery repair • Automotive and/or machinery services • Automotive and/or machinery washes • Automotive parts sales • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales • Bulk distribution centers • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery stores • Heavy equipment sales, rental and/or leasing • Industrial building sales • Kennels • Machinery sales • Manufactured home sales • Mini warehouses • Outdoor display and storage of goods • Pawn shops • Portable building sales • Recreational vehicle parks • Recycling centers • Sale of used goods (except antiques, collectibles and estate sales) • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Vehicle sales • Video arcades (as a primary use) • Wholesale nurseries • Wireless Transmission Facility, Attached • Wireless Transmission Facility, Self -Standing • Wrecking yards 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 9 of this Agreement. 4. COMPLIANCE WITH CODE Building design, landscaping, signage, parking and all other aspects of development on Parcel 2 shall comply with applicable regulations in the Code. EXHIBIT E SIGN LOCATIONS IIIIIIIIIIIII Rezoning from Interim SF -R to PUD 66 3.165 acres DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: 8.B.6. Consider an ordinance adopting original zoning of District PUD (Planned Unit Development) No. 66 on 3.165 acres of land, more or less, described as Lot 1, Block A, Section 1, Round Rock Express Subdivision. (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Director Justification: The proposed PUD is divided into two parcels. Both parcels have a limited list of permitted commercial uses that are intended to complement the existing Dell Diamond facility. The westernmost parcel, Parcel 1, also includes special design standards, a requirement for monument signs, and an alternative landscape plan. The alternative landscape plan described in the text is based on conceptual drawings associated with a restaurant proposed for the site. Because the restaurant is not the only possible use on the site, staff opted not to include a detailed drawing showing the plan. Nonetheless, we think that the alternative plan is generally appropriate for the site, given the unique location and the existing trees. We also think the plan sets an appropriate standard for the site, and therefore have included a requirement that any changes to the plan (in the event that the site is not developed as a restaurant) maintain a comparable level of landscaping. Please also note that the alternative plan includes improvements to the adjacent parking lot to the west of the site owned by the City. One other provision the PUD makes for Parcel 1 is the reduction of the rear setback from 5 feet to 2 feet. This adjustment has been made to allow greater flexibility in the location of structures on the site with the least amount of interference with the existing trees. Staff is comfortable with the reduction in the setback since the north boundary of the parcel abuts a driveway connecting Harrell Parkway to the Dell Diamond parking lot (as opposed to abutting developable property). The other parcel to the east, Parcel 2, does not contain additional development standards besides the limitations on uses. This parcel is currently utilized for overflow parking for the Dell Diamond. When the property owner decides how best to develop the property it will be required to meet all of the regular standards of the Code. Although there is some uncertainty as to the end users for these parcels, the proposed PUD provides the City with assurances that the "front door" to the Dell Diamond will retain an attractive appearance with the existing trees and will not be cluttered with inappropriate uses. Funding: Cost: N/A Source of funds: N/A Outside Resources: Bill Waeltz, Baker-Aicklen & Assoc., Inc. Background Information: The property was annexed in 1999 but was never "officially" zoned. The Planning and Zoning Commission unanimously recommended approval of the proposed zoning change at its November 2, 2005, meeting. Public Comment: A public hearing was held by the Planning & Zoning Commission on 11-2-05. AGREEMENT AND DEVELOPMENT PLAN ROUND ROCK EXPRESS SUBDIVISION PUD PLANNED UNIT DEVELOPMENT NO. 66 THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and entered by and between the CITY OF ROUND ROCK, TEXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and RRE Investors, L.P. its successors and assigns, having their offices at P.O. Box 5309, Round Rock, TX 78683 (hereafter referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean RRE Investors, 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 3.165 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 setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; 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 November 2, 2005, 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 Development 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 Z-05-12-01- 8&c -1- Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.9 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development 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. LIEN HOLDER CONSENT That the lien holder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lien holder consent is attached hereto and incorporated herein as Exhibit "B", attached hereto and incorporated herein. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld, conditioned or delayed. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this -2- Agreement and Development Plan. No consent shall be required in connection with such sale or lease of the Property provided the purchaser or lessee assumes Owner's obligations in writing as to such portions of the Property, at which time the Owner shall be released from any further obligations. 5.2 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability In case one or more provisions contained of this Agreement are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. -3- 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER CITY OF ROUND ROCK RRE Investors, L.P. P.O. Box 5309 Round Rock, TX 78683 Attn : Reese Ryan 5.10 Effective Date City of Round Rock, Texas 301 West Bagdad, Suite 210 Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Clause In the event that a Site Development Permit has not been issued for the Property within four (4) years from the date that this Agreement is approved by City Council, this Agreement shall be automatically voided and the Property shall revert to interim SF -R (Single Family - Rural Lot) zoning. -4- II. DEVELOPMENT PLAN 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 Development Plan ("Plan") covers approximately 3.165 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit „A„ 3. DEVELOPMENT PARCELS For the purpose of assigning land use and development standards, the Property has been divided into development parcels, as shown in Exhibit "C" and more fully described in Exhibits "C-1" and "C-2". 4. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that 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 in accordance with any existing zoning district. 5. APPLICABILITY OF CITY ORDINANCES 5.1 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 applicable sections of the Code. More specifically, the underlying zone for the property shall be C-1 (General Commercial) with the Palm Valley Overlay. If -5- there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 5.2 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 Agreement shall control. 6. PERMITTED USES The Property shall be used and developed for the uses as shown in Exhibits "D-1" and "D-2". 7. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the development standards set forth in Exhibits "D-1" and "D-2". 8. 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. 9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 9.1 Minor Changes Minor changes to this Agreement or 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. 9.2 Major Changes All changes not permitted under section 9.1 above shall be resubmitted following the same procedure required by the original PUD application. -6- 10. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 11. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. RRE Investors, L By: eid Ry Preside Date: )) CITY OF ROUND ROCK, '1XAS B ATTEST: By: Mayor Christine Martinez, City Secretary -7- LIST OF EXHIBITS EXHIBIT DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" Lien Holder Consent Exhibit "C" Development Parcel Map Exhibit "C-1" Metes and Bounds Description of Parcel 1 Exhibit "C-2" Metes and Bounds Description of Parcel 2 Exhibit "D-1" Uses and Development Standards for Parcel 1 Exhibit "D-2" Uses and Development Standards for Parcel 2 Exhibit "E" Sign Locations -8- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, Block A, Section 1, Round Rock Express Subdivision, as recorded in Cabinet S, Slides 156-160 of the Plat Records of Williamson County Texas. EXHIBIT B LIEN HOLDER CONSENT There is no lien holder of record with regard to the Property as of the date of this Agreement. EXHIBIT C DEVELOPMENT PARCEL MAP 09T --99T (lfl ° '8 igancrxag )1 00 Y UN O ZI v N1d V yd EXHIBIT C-1 METES AND BOUNDS DESCRIPTION OF PARCEL 1 'a1 1 I3locl A, :x ress a dl'isi 0.760 Acre Ira; Page 1o'2 ON FOR A 0160 ACRE TRACT OF LANDSITUATED TUATED .N THE P. A. HOLDER 'EY, ABSTRACT NO, 297, IAMSON COUNTY, TEXAS, BEING A I TION OF LOT 1, BLOCK A, ROUND ROCK . EXPRESS :l I;VI IO SECTION ONE, A SUBDIVISION ION RECORD ,T IN CABIN T S, 5.11E 156 - 160 OF THE PLAT RECORDS Oki SAID COUNTY, TY, SAID 0360 ACRE TRACT TIS MORE PARTICULARLY DESCRIBED 3 METES AND BOUNDS AS FOLLOWS: BEGINNING at calculated point for the south north right-of-way line of U, 5. Highway Nd, 79 BEGINNING hereof, from whit 11 a TXDOT type I1 bii a distance of 0.63 feet; aid Lot I, same beim ors the vest corner and POINT OF nd bears, 5 13°36' 54" W for THENCE with the west li e of saki Lot 1, N 01:° 1' 57" W (Basis of Bearings) for a distance of 223.58 feet to the northwest co r ner of said Lot l,, earns being the most westerly southwest corner cif Lot 2, Block A, cif said Round Rock Express ar.ubdivision, Section One, for the tit hwest corner hereof; THENCE with the north line of said 1 following two (2) courses and distances being the south line of said Lot 2, the N ° 2 ' 13" E for a distance of 40.05 feet to a c:a cula point of cur -vat are til a curve to the left, having a radius of 1.75.00 feet, 140, feet, a central angle of 45° 57' 56", and a chord which bears, N 6 dist ar ee of 116,66 feet to a calculated point of non tangency for the no and rnth of 29'15" Efor a corner hereof Block A. Round Rock Su , c t 0 i .760 Acre Trac Page 2of `" I l through the interior cif aic 1 cal calculated point on tie southline of said' vay No, for tlae so theast cn .'' :I"E for a distance ,, same lei g the north right of I 8 5feet to a ofy liteo sai l w with the sr tttfr r e of said. Lot 1, ar is l ing tof said U. 5 Highway No, 29, 8 * 37' 48" W for a distance f 185.93 feet to the POINT OF +JINNING and containing 0,760 acres oil' n , ycd under the direct supervisionf the undersigned during April iargaret A. l ile . Registered Pro Professional Land Surveyor No, 5589 BAKER-AICK 1' & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, Texas 78613 {l) 244-9620 Job No., 102-20 s-2-(if3 JON 1 LOT 1 li ;XPfE5S EC11ON 1 LO 1 PARC L 1,[ C` EXHIBIT C-2 METES AND BOUNDS DESCRIPTION OF PARCEL 2 I rpt i, tock A, Prsrrkdir l 2.40 Acre 'Frac Page 1 of 2 DESCRIPTION 110R A 2,405 ACRE TRACT OF I NTUATED IN If P. A. HOLDER DE1 URVI..�Y, ABSTRACT 11O. 297, WI I L1Aii4S ON ((>1 N I' ', TEXAS, BEING PORTION LOT 1, BLOCK A, ROIIND 1 C%.. EXPRESS IBI IVISI(N, SECTION ONE, A 81SUI3f./IVISION RECORDEDIN ( I\131NET S, ,81..IDES 156 - I60 OF THE PLAT I' RECt RDS OF SAID COUNTY, SAID 2.4115 ACRE TRACT IS MORE PARTICULAR '' r)ESCR113ED BYi) BY \WJ 8 ADBOUNDS 51011 WS: BEGINNING INNIN at a calctrlatccl point for the southeast comer of said Lot I, sante being southerly southwest c< rraer of Lot 2 Block A, of said Round Rock Express res ubdivision, Se One, being on the north right-of-way line of U. S.11igh ay No. 79, for the southeast corncr and POINT OF I3EGINNING hereof, 1.ENCE with tl e south line of said Loi 1, sate being the north right -of- ay line cif' said Highway No. 29, S 63" 37' 48" W for a distanee of 37.1211 feet to a calculated point west hereof, from whirl the scacuthwest corner of said Lot 1 bears, S 630 37' 48" W for a distance of 185.93, from said southwest corner of said do t; 1 a TXDOT type I1 brass disc found bears, S 13°36' 54" W for a distance of 0;63 feet; FNCE 11 rough the interior #i said. Lot 1, N 02° 21' 38" W for dist of 198, noa tangent calculated point of curvature on the north lime of said Lot 1, same being the south f said Lot 2, for the northwest corner hereof, from which the northwest corner of s bears, with the arc of a curve to the right, having a radius of 175.10 feet, an arc length of 1.40,39 feet, a central angle of 45° 57' 56", and a chord which hears, S 65° 29' 15" W for a cli tar of 136,66 feet LO a calculated point and S 88'28, 13" W for a distance of 40.05 feet, NCE with the rrcrth asci cast lines i (said Lot 1, same being the south line of skid Lot 2, the low' lig five i5) emirs' arta distances; 1) N 42° 37' 51" E for a distance of 4311.41 feet to a calc:ctlatcd angle point hereof. 2) N 87° 27' 53" E for a distance of 34.02 feet to a calculated 'point of curvature hereof, t i, lck Expresrtld�ii 2A05 Acre tract' c ref2 d rith,.1`he are of a car e t theght, having a radius of 18.50 feet arc length of29J2 feet, centra ar gyle of It , 0' 29" and a shot l hiclr bears. 47° 26' " for a distance cif 6.20 feet to a calculated point of tangency hereof, igs) for a distance of 306.4 :he right, ]raving a radius of 30.00 feet, an am length of 34— 5 feet, a central angle of 5° 59' 26", and a chord which bears, 0° 38' 05"W for a distance of 32.67 feet to the POINT T F BEGINNING and containing 2.405 acres of land: yed under the direct supervisi n of the undersigned during April; 2005: A. Regi tared Professional fa itSurveyor No, 5589 BAKER-MICK A SOCIA.TE a 405 13rushy Creek Road Cedar Park, Te as 78613 (512) 244-9620 Job No,: 1038-2-00'2-20 ti Arp.(11Ecrs\Rwrix r,,,,,sfrrioN T)T RNIEi .S Z T OTJNDS\R1 LOT 1 PARCEL '2 DOC EXHIBIT D-1 USES AND DEVELOPMENT STANDARDS FOR PARCEL 1 The following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 1 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-1". Unless otherwise defined, all terms used shall correspond to the definitions in the Code. 1. PERMITTED USES The following principal uses are permitted on the Property: • Restaurants (without drive-through services) • Bars/Pubs/Taverns • Retail sales • Outdoor entertainment (as an accessory use to restaurants, bars or taverns) • Accessory uses related to Round Rock Express Stadium • Wireless Transmission Facility, Stealth 2. PROHIBITED USES The following uses are prohibited: • Amusement parks or carnivals • Automotive and/or machinery repair • Automotive and/or machinery services • Automotive and/or machinery washes • Automotive parts sales • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales • Bulk distribution centers • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery stores • Heavy equipment sales, rental and/or leasing • Industrial building sales • Kennels • Machinery sales Manufactured home sales • Mini warehouses • Outdoor display and storage of goods • Pawn shops • Portable building sales • Recreational vehicle parks • Recycling centers • Sale of used goods (except antiques, collectibles and estate sales) • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Vehicle sales • Video arcades (as a primary use) • Wholesale nurseries • Wireless Transmission Facility, Attached • Wireless Transmission Facility, Self -Standing • Wrecking yards 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 9 of this Agreement. 4. DESIGN STANDARDS The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) In keeping with the architectural design theme of the Palm Valley Plan, wood siding not to exceed twenty (20) percent of the building's exterior walls may be approved by the Zoning Administrator for eating establishments. 5. SIGNAGE Two (2) signs shall be permitted on the site and shall be located generally in accordance with Exhibit "E". The exact location of the signs is subject to the approval of the City Engineer. Unless otherwise approved by the Director of Planning, the signs shall be monument signs in accordance with Section 3.1400 and Section 11.422 of the Code. Any expenses incurred during the removal or replacement of the signs resulting from utility work in the public utility easement in which the signs are located shall be the sole responsibility of the Owner. 6. LANDSCAPING AND SCREENING In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following landscape development standards shall apply to the Property instead of otherwise applicable Code sections, City regulations or City policies. Landscape development standards not specifically addressed in this Section shall be required per the Code. In light of the unique nature of the Property, with the existing mature trees and the adjacent City and Dell Diamond parking lots, an alternative landscape design will provide a more attractive appearance than strict adherence to Code requirements. The alternative landscape design shall be in harmony with the proposed use in order to create a unique identity characteristic of a historical Central Texas setting emphasizing the native plant community. Unless otherwise approved by the City's Forestry Manager, all existing live oak trees on the Property shall not be removed. In lieu of street yard tree requirements, perimeter parking lot landscaping, and interior parking lot landscaping, the following requirements shall apply: 1. A split rail fence shall be installed in the following locations: • The entire length of the south side of Parcel 1 between the primary building and US 79. • The south side of the City property abutting Parcel 1 to the west between the existing parking lot and US 79. This fence shall run from the western boundary of Parcel 1 to the eastern edge of Harrell Parkway. The design and location of the fence shall be coordinated with the Old Settler's Park entry fence. The final location and design of the fence shall be approved by the Director of Parks and Recreation. • The entire length along the north property line of Parcel 1 except for areas reserved for access to the site. 2. The exact location and materials of the fence shall be determined during site plan review. 3. Vines shall be planted in conjunction with the installation of the fence and shall be trained to grow on the fence. 4. Large shrubs shall be planted in front of the fence every four (4) feet on center. 5. A minimum of seven (7) small tree species (as approved by the Forestry Manager) shall be planted along the western property line of Parcel 1. Similarly, a minimum of two (2) small tree species shall be planted along the eastern property line of Parcel 1. Each tree shall have a minimum caliper of two (2) inches and a minimum height of seven (7) feet. 6. In addition, a minimum of three (3) small tree species shall be planted in the interior of Parcel 1 to accent the building(s) on site. 7. The site shall also include large planting beds with native prairie grass and native accent plants. The planting beds shall be located, at a minimum, along the public right-of-way and at the public entries into the site. 8. In addition, the City property abutting Parcel 1 to the west shall be improved with a decorative walkway connecting the existing parking lot to Parcel 1 and with large planting beds with native prairie grass and native accent plants. The final location and design of these improvements shall be approved by the Director of Parks and Recreation. Unless otherwise specified, caliper size, height, measurement and other specifications referenced in this Agreement shall be as specified in the Round Rock Zoning Ordinance, Tree Protection and Preservation Ordinance and the Round Rock Tree Standards Technical Manual. Changes to this Section 6 may be approved as a minor amendment in accordance with Section 9.1 of this Agreement as long as the changes maintain a comparable level of plantings. 7. BUILDING SETBACK The minimum building setback from the north boundary of the Property shall be two (2) feet. All other setbacks shall be in accordance with the Code. 8. OFF-SITE IMPROVEMENTS All landscaping and other improvements required by this Agreement to City property shall require a license agreement prior to Site Development Permit release. Furthermore, use of City property for loading and/ or unloading of goods for use on the Property shall be subject to City approval and may require improvements to City property (such as the creation of a loading space) at the City's discretion. EXHIBIT D-2 USES AND DEVELOPMENT STANDARDS FOR PARCEL 2 The following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 2 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-2". Unless otherwise defined, all terms used shall correspond to the definitions in the Code. 1. PERMITTED USES The following principal uses are permitted on the Property: • Restaurants (without drive-through services) • Bars/ Pubs/ Taverns • Retail sales • Outdoor entertainment (as an accessory use to restaurants, bars or taverns) • Accessory uses related to Round Rock Express Stadium • Wireless Transmission Facility, Stealth 2. PROHIBITED USES The following uses are prohibited: • Amusement parks or carnivals • Automotive and/ or machinery repair • Automotive and/ or machinery services • Automotive and/ or machinery washes • Automotive parts sales • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales • Bulk distribution centers • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery stores • Heavy equipment sales, rental and/or leasing • Industrial building sales • Kennels • Machinery sales • Manufactured home sales • Mini warehouses • Outdoor display and storage of goods • Pawn shops • Portable building sales • Recreational vehicle parks • Recycling centers • Sale of used goods (except antiques, collectibles and estate sales) • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Vehicle sales • Video arcades (as a primary use) • Wholesale nurseries • Wireless Transmission Facility, Attached • Wireless Transmission Facility, Self -Standing • Wrecking yards 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 9 of this Agreement. 4. COMPLIANCE WITH CODE Building design, landscaping, signage, parking and all other aspects of development on Parcel 2 shall comply with applicable regulations in the Code. Ti=s fl(1!liSs 11 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK IIIIIIIIIIIII II 111111111111 11 III D 34 PGS 2005101520 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 -05-12-01-8B6, which approves adopting original zoning of District PUD (Planned Unit Development) No. 66 on 3.165 acres of land described as Lot 1, Block A, Section 1, Round Rock Express Subdivision. This ordinance was approved and adopted by the City Council of the City of Round Rock, Texas, on the 8th 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 ORDINANCE NO. Z-05-1-01-286 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), 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 ZONE 3.165 ACRES OF LAND, MORE OR LESS, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 66. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to zone the property described in Exhibit "A" as Planned Unit Development (PUD) No. 66, said exhibit being attached hereto and incorporated herein, 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 2nd day of November, 2005, 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.66, and WHEREAS, on the 1st day of December, 2005, after proper notification, the City Council held a public hearing on the requested amendment, and WPFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/05120186.WPD/cdc 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, 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 COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. That the City Council has hereby determined the Planned Unit Development (PUD) No. 66 meets the following goals and objectives: (1) The development in PUD No. 66 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 66 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 66 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. 66 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. 66 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 11.305(2), 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", attached hereto and incorporated herein shall be, and is hereafter designated as Planned Unit Development (PUD) No. 66, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 66 attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. III. A. All ordinances, parts of ordinances, .or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that. written notice of the. date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and .the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. 61' READ, PASSED, and ADOPTED on first reading this day of , 2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. R. E ayor of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta 4. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, Block A, Section 1, Round Rock Express Subdivision. AGREEMENT AND DEVELOPMENT PLAN ROUND ROCK EXPRESS SUBDIVISION PUD PLANNED UNIT DEVELOPMENT NO. 66 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS AGREEMENT AND DEVELOPMENT PLAN (this "Agreement") is made and entered by and between the CITY OF ROUND ROCK, l'EXAS, a Texas municipal corporation, having its offices at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City"), and RRE Investors, L.P. its, successors and assigns, having their offices at P.O. Box 5309, Round Rock, TX 78683 (hereafter referred to as the "Owner"). For purposes of this Agreement, the term Owner shall mean RRE Investors, 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 3.165 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 setting forth the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; 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 November 2, 2005, 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 Development 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 -1- Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in consideration of the covenants and conditions set forth herein, the City and the Owner agree as follows: I. GENERAL PROVISIONS 1. CONFORMITY WITH DEVELOPMENT PLAN That all uses and development within the Property shall conform to the Development Plan included in Section II herein. 2. CHANGES AND MODIFICATIONS No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.9 below are followed. 3. ZONING VIOLATION Owner understands that any person, firm, corporation or other entity violating any conditions or terms of the Development 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. LIEN HOLDER CONSENT That the lien holder of record has consented to this Agreement and Development Plan, including any and all dedications to the public. Lien holder consent is attached hereto and incorporated herein as Exhibit "B", attached hereto and incorporated herein. 5. MISCELLANEOUS PROVISIONS 5.1 Assignment Neither party may assign its rights and obligations under this Agreement without having first obtained the prior written consent of the other which consent shall not be unreasonably withheld, conditioned or delayed. This section shall not prevent Owner from selling or leasing the Property or portions of the Property, together with all development rights and obligations contained in this -2- Agreement and Development Plan. No consent shall be required in connection with such sale or lease of the Property provided the purchaser or lessee assumes Owner's obligations in writing as to such portions of the Property, at which time the Owner shall be released from any further obligations. 5.2 Necessary Documents and Actions Each party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement. 5.3 Severability In case one or more provisions contained of this Agreement are deemed invalid, illegal or unenforceable in any respect such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement and in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement. 5.4 Entire Agreement This Agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous oral or written understandings or representations of the parties respecting the subject matter. 5.5 Applicable Law This Agreement shall be construed under and in accordance with the laws of the State of Texas. 5.6 Venue All obligations of the parties created hereunder are performable in Williamson County, Texas, and venue for any action shall be in Williamson County. 5.7 No Third Party Beneficiaries Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than the parties hereto (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. -3- 5.8 Duplicate Originals This Agreement may be executed in duplicate original, each of equal dignity. 5.9 Notices Until changed by written notice thereof any notice required under this Agreement may be given to the respective parties, by certified mail, postage prepaid or by hand delivery to the address of the other party shown below: OWNER CITY OF ROUND ROCK RRE Investors, L.P. P.O. Box 5309 Round Rock, TX 78683 Attn : Reese Ryan 5.10 Effective Date City of Round Rock, Texas 301 West Bagdad, Suite 210 Round Rock, Texas 78664 Attn: Director of Planning This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within ninety (90) days following receipt by Owner of the written confirmation of the decision. 5.12 Binding Effect This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 5.13 Sunset Clause In the event that a Site Development Permit has not been issued for the Property within four (4) years from the date that this Agreement is approved by City Council, this Agreement shall be automatically voided and the Property shall revert to interim SF -R (Single Family - Rural Lot) zoning. -4- II. DEVELOPMENT PLAN 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 Development Plan ("Plan") covers approximately 3.165 acres of land, located within the city limits of Round Rock, Texas, and more particularly described in Exhibit 3. DEVELOPMENT PARCELS For the purpose of assigning land use and development standards, the Property has been divided into development parcels, as shown in Exhibit "C" and more fully described in Exhibits "C-1" and "C-2". 4. PURPOSE The purpose of this Plan is to ensure a PUD that 1) is equal to or superior to development that 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 in accordance with any existing zoning district. 5. APPLICABILITY OF CITY ORDINANCES 5.1 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 applicable sections of the Code. More specifically, the underlying zone for the -5- property shall be C-1 (General Commercial) with the Palm Valley Overlay. If there is a conflict between this Agreement and Plan and the Code, this Agreement and Plan shall supersede the specific conflicting provisions of the Code. 5.2 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 Agreement shall control. 6. PERMITTED USES The Property shall be used and developed for the uses as shown in Exhibits "D-1" and "D-2". 7. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the development standards set forth in Exhibits "D-1" and "D-2". 8. 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. 9. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 9.1 Minor Changes Minor changes to this Agreement or 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. 9.2 Major Changes All changes not permitted under section 9.1 above shall be resubmitted following the same procedure required by the original PUD application. -6- 10. CONCEPT PLAN APPROVED Approval of this Agreement constitutes Concept Plan approval under the City Subdivision Ordinance. 11. GENERAL PLAN 2000 This Agreement amends the Round Rock General Plan 2000, which was adopted on June 10, 1999. RRE Investors, L.P. By: [name] [title] Date: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary -7- LIST OF EXHIBITS EXHIsrr DESCRIPTION Exhibit "A" Legal Description of Property Exhibit "B" Lien Holder Consent Exhibit "C" Development Parcel Map Exhibit "C-1" Metes and Bounds Description of Parcel 1 Exhibit "C-2" Metes and Bounds Description of Parcel 2 Exhibit "D-1" Uses and Development Standards for Parcel 1 Exhibit "D-2" Uses and Development Standards for Parcel 2 Exhibit "E" Sign Locations -8- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, Block A, Section 1, Round Rock Express Subdivision, as recorded in Cabinet S, Slides 156-160 of the Plat Records of Williamson County Texas. EXHIBIT B LIEN HOLDER CONSENT THE STATE OF TEXAS COUNTY OF WILLIAMSON That , acting herein by and through its duly authorized officers, being the holder of a lien as evidenced by Deed of Trust recorded as Document No. of the Official Records of Williamson County, Texas, does hereby consent to the Agreement and Development Plan of 3.165 acres of land situated in Round Rock, Williamson County, Texas, and does further hereby join, approve and consent to all provisions shown therein. By: Name: Title: ATTEST: By: Name: Title: STATE OF TEXAS COUNTY OF WILLIAMSON § This instrument was acknowledged before me on the day of , 2005 by of , a , on behalf of said Notary Public, State of Texas Commission Expires: EXHIBIT C DEVELOPMENT PARCEL MAP 09 t-99 mins o i romoas warsrtzaa s ssarcra mou 1xfO2I Y X00711 ' 7 S Nt?JV33 EXHIBIT C-1 METES AND BOUNDS DESCRIPTION OF PARCEL 1 dot l,Bloc .' , .o04 . Excess a dw1sa a Se U :t t'ocr `tt• DESCRIPTION FOR A 0:760 ACRE TRACT OF I NSI` 'tMT INTHE. P. A HOLDER SURVEY, ABSTRACT NO 297, WILI1AMSON COUNTY, TEXAS, BEING A. PORTION OF LOT 1, BLOCK A, ROUND ROCK EXPRESS SUBDIVISION, SECITON ONE, A SUBDIVISION RECORDED IN CABINETS; SLIDES 156 - 160 OF THE PLAT RECORDS OF SAID COUNTY, SAID 0.760 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY METES AND. BOUNDS AS FOLLOWS: BEGINNING at a calculated point for the southvvest corner of said. Lot .1, sattle being on the north right-of-way line of U S. Highway No. 79, for the southwest conifer and ;:POINT O1 BEGINNING 17e of, from which a TXDOT type II brass disc found bears, S 1.3036' 54" W for a distance of 0.63 feet; NCE with the west: line of said Lot I, N :.O1 31' 57" W (Basis of Bearings) for a distance of 8 feet to the northwest corner of said Lot 1, same: being the most westerly southwest corner 2, :clock A, of said Round (tock Expt ss Subdivision, Section One, for the northwest hereof; COENCE with the north line of said Lot 1, same being ollowing .two •(2) courses and distances: ) N 88° 28' south line of said Lot 2, the distance of 40,05 feet to a calculated point of curvature hereof, and withthe arc oI a. curve to the left, having a radius of 175.00 feet, an arc length of. 140.39 feet, a central angle of 45° 57' 56", and a chord which bears, N 650 29' 15" E for a distance of 136.66 tbet to a calculated point of non tangency for the northeast corner hereof; tancpof . 9i .8 foet to a r ght-ofway 1 ne'Of said THENCE` it :the south line: cif said U. S Highway No. 29, S 63" 37' 48" BEGINNING and containing 0.760 acres of Surveyed under the directsupe me _ tieing th north right-of-way line of said distance of 185:93 feet to the POINT OF d. farga tA..Nottn Registered Professional Land tuweyor No. 5 BAKER-AICKLE.N & ASSOCIATES, INC. 405 Brushy Creek Road Cedar Park, .Teras, 78613 (512) 244-9620 Toa No.: 4133-2.902-20 Fiic mnte:..WAPROJEfiTS EXHIBIT C-2 METES AND BOUNDS DESCRIPTION OF PARCEL 2 FUR A 2.405 ACRE TRACT OF LAND S I TLIAT l) +1' TEE P. A J IOL ER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF LOT 1, BLOC A, ROLTND ROCK EXPRESS ,SUB131VI ,I 1N,. SECTION ONE, A SUBDIVISION RECORDED IN CABINET T 5, SLIDE 1561 - 160 OF THE PLAT RJ;C0R S OF SAID COUNTY, SAID 2.405 ACRE TRACT IS MORE PARTICULARLY RLY DESCRIBE) 11Y METES AND BOUNDS AS FOLLOWS: BEGINNING 4c; ata plated. point for the southeast -corner of said Lot 1, same being the most cnitherty southwest corne of Lot 2, Block A, of sail Round Rock Express Subdivision, Section One, beim on the north right-of-way line of U. S. Highway No. 79, for the Southeast corner and POINT OF B'GINNIN hereof; THENCE with the south line of said Lot 1, same being the. U. s Highway No. 29, S 63° 37' 48" W for a distance of 371.20 feet to a cal southwest hereof, from which the southwest comer of said Lot 1 bears, S 6 distance of 185.93, from said southwest corner of said Lot 1 a TXDOT type bears, S 13°36' 54" W fora distance of 0.63 feet; way lineof said ed point for the 37' 48" W for a brass disc found THENCE through the interior of said Lot 1, N 02° 21' 38" W for a distance crf 198.85 flet to a non -tangent calculated point of curvature on the north line of said Lot 1, same being the south line of said Lot 2, for the northwest corner hereof, from which the northwest corner of said Lot 1 bears, with the arcof a curve to the right, having a radius of 175.00 feet, an: arc length of 140.39 feet, a central angle of 45° 57' 56", and a chord which bears, S 65° 29' 15" W for a distance of 136.66 feetoa calculated point and S 88°28' 13" W for a.distance of 40.05 feet; THENCE with the north and east lines of said Lot 1, same being the south line of said Lot 2, the following five ('5) courses and distances: 1) N 42° 37' 51" E for a distance of 430.41 feet to a calculated angle.point hereof, 2) N 87° 27' 553" E for a distance of 34.02 feet to a e 'culated point of curvature hereo look A:,It k:: � :Sabdivigio%Section 2,40 Acre Tract Page 2.of2 With the are cul ra to t fight, having a,radius of 18.50 feet, an a )end x 29.12 feet, a central; agile of 90°'10' 2V, and a ehord Which bears, 'MI6' 53" for a distance of 26.20 feet to a calculated point ok tangency hereof, S 02° 2P 38" E (Basis. mature here`,arid '. with the ar cif' a curve to the ri }rt; having a radius of 30.011 feet; an are lend of 34.55 a :central angle of 65° 59' 26", and a'chord: which bears, S' 30° 35' 05" W for a distance of X2.67 feet to the POINT OF BEGINNING and containing 2,405 acres of land. Surveyed under the 'direct supervision of the under. gn d during April, 2005: art A. Nolen Registered. Professional Land Surveyor No. 5589 `BAK AICKI, N & ASSOCIATI.S, INC. 405 Brushy Creek Road Cedar Park. Texas 78613 (512) 2449620 Job No.: 1038-2.002.20 Pi knnme: W;1PROt1 ers1RRIizON .t TOT LIMET' & BOUNDS \R11. EXPRESS SECTI0N,1 LOT 1 PAR 2,i C EXHIBIT D-1 USES AND DEVELOPMENT STANDARDS FOR PARCEL 1 The following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 1 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-1". Unless otherwise defined, all terms used shall correspond to the definitions in the Code. 1. PERMITTED USES The following principal uses are permitted on the Property: • Restaurants (without drive-through services) • Bars/Pubs/Taverns • Retail sales • Outdoor entertainment (as an accessory use to restaurants, bars or taverns) • Accessory uses related to Round Rock Express Stadium • Wireless Transmission Facility, Stealth 2. PROHIBITED USES The following uses are prohibited: • Amusement parks or carnivals • Automotive and/or machinery repair • Automotive and/or machinery services • Automotive and/or machinery washes • Automotive parts sales • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales • Bulk distribution centers • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery stores • Heavy equipment sales, rental and/or leasing • Industrial building sales • Kennels • Machinery sales • Manufactured home sales • Mini warehouses • Outdoor display and storage of goods • Pawn shops • Portable building sales • Recreational vehicle parks • Recycling centers • Sale of used goods (except antiques, collectibles and estate sales) • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Vehicle sales • Video arcades (as a primary use) • Wholesale nurseries • Wireless Transmission Facility, Attached • Wireless Transmission Facility, Self -Standing • Wrecking yards 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 9 of this Agreement. 4. DESIGN STANDARDS The following materials are prohibited on the exterior walls and roofs of all buildings and structures. • Asbestos • Mirrored Glass (reflectivity of 20% or more) • Corrugated metal (except for trim or minor decorative features approved by the Director of Planning) • Unfinished sheet metal (except for trim or minor decorative features approved by the Director of Planning) In keeping with the architectural design theme of the Palm Valley Plan, wood siding not to exceed twenty (20) percent of the building's exterior walls may be approved by the Zoning Administrator for eating establishments. 5. SIGNAGE Two (2) signs shall be permitted on the site and shall be located generally in accordance with Exhibit "E". The exact location of the signs is subject to the approval of the City Engineer. Unless otherwise approved by the Director of Planning, the signs shall be monument signs in accordance with Section 3.1400 and Section 11.422 of the Code. Any expenses incurred during the removal or replacement of the signs resulting from utility work in the public utility easement in which the signs are located shall be the sole responsibility of the Owner. 6. LANDSCAPING AND SCREENING In accordance with Section 11.314 of the Round Rock Zoning Ordinance, the following landscape development standards shall apply to the Property instead of otherwise applicable Code sections, City regulations or City policies. Landscape development standards not specifically addressed in this Section shall be required per the Code. In light of the unique nature of the Property, with the existing mature trees and the adjacent City and Dell Diamond parking lots, an alternative landscape design will provide a more attractive appearance than strict adherence to Code requirements. The alternative landscape design shall be in harmony with the proposed use in order to create a unique identity characteristic of a historical Central Texas setting emphasizing the native plant community. Unless otherwise approved by the City's Forestry Manager, all existing live oak trees on the Property shall not be removed. In lieu of street yard tree requirements, perimeter parking lot landscaping, and interior parking lot landscaping, the following requirements shall apply: 1. A split rail fence shall be installed in the following locations: • The entire length of the south side of Parcel 1 between the primary building and US 79. • The south side of the City property abutting Parcel 1 to the west between the existing parking lot and US 79. This fence shall run from the western boundary of Parcel 1 to the eastern edge of Harrell Parkway. The design and location of the fence shall be coordinated with the Old Settler's Park entry fence. The final location and design of the fence shall be approved by the Director of Parks and Recreation. • The entire length along the north property line of Parcel 1 except for areas reserved for access to the site. 2. The exact location and materials of the fence shall be determined during site plan review. 3. Vines shall be planted in conjunction with the installation of the fence and shall be trained to grow on the fence. 4. Large shrubs shall be planted in front of the fence every four (4) feet on center. 5. A minimum of seven (7) small tree species (as approved by the Forestry Manager) shall be planted along the western property line of Parcel 1. Similarly, a minimum of two (2) small tree species shall be planted along the eastern property line of Parcel 1. Each tree shall have a minimum caliper of two (2) inches and a minimum height of seven (7) feet. 6. In addition, a minimum of three (3) small tree species shall be planted in the interior of Parcel 1 to accent the building(s) on site. 7. The site shall also include large planting beds with native prairie grass and native accent plants. The planting beds shall be located, at a minimum, along the public right-of-way and at the public entries into the site. 8. In addition, the City property abutting Parcel 1 to the west shall be improved with a decorative walkway connecting the existing parking lot to Parcel 1 and with large planting beds with native prairie grass and native accent plants. The final location and design of these improvements shall be approved by the Director of Parks and Recreation. Unless otherwise specified, caliper size, height, measurement and other specifications referenced in this Agreement shall be as specified in the Round Rock Zoning Ordinance, Tree Protection and Preservation Ordinance and the Round Rock Tree Standards Technical Manual. Changes to this Section 6 may be approved as a minor amendment in accordance with Section 9.1 of this Agreement as long as the changes maintain a comparable level of plantings. 7. BUILDING SETBACK The minimum building setback from the north boundary of the Property shall be two (2) feet. All other setbacks shall be in accordance with the Code. S. OFF-SITE IMPROVEMENTS All landscaping and other improvements required by this Agreement to City property shall require a license agreement prior to Site Development Permit release. Furthermore, use of City property for loading and/or unloading of goods for use on the Property shall be subject to City approval and may require improvements to City property (such as the creation of a loading space) at the City's discretion. EXHIBIT D-2 USES AND DEVELOPMENT STANDARDS FOR PARCEL 2 The following use regulations, design standards and development standards shall apply to all development on the portion of the Property identified as Parcel 2 on the Parcel Map, attached to this ordinance as Exhibit "C", and further described by metes and bounds in Exhibit "C-2". Unless otherwise defined, all terms used shall correspond to the definitions in the Code. 1. PERMITTED USES The following principal uses are permitted on the Property: • Restaurants (without drive-through services) • Bars/Pubs/Taverns • Retail sales • Outdoor entertainment (as an accessory use to restaurants, bars or taverns) • Accessory uses related to Round Rock Express Stadium • Wireless Transmission Facility, Stealth 2. PROHIBITED USES The following uses are prohibited: • Amusement parks or carnivals • Automotive and/or machinery repair • Automotive and/or machinery services • Automotive and/or machinery washes • Automotive parts sales • Automotive rental • Automotive sales • Billiard parlors & pool halls (as a primary use) • Boat sales • Bulk distribution centers • Camper sales • Campgrounds • Donation centers • Flea markets • Gasoline & fuel sales • Grocery stores • Heavy equipment sales, rental and/or leasing • Industrial building sales • Kennels • Machinery sales • Manufactured home sales • Mini warehouses • Outdoor display and storage of goods • Pawn shops • Portable building sales • Recreational vehicle parks • Recycling centers • Sale of used goods (except antiques, collectibles and estate sales) • Sexually oriented businesses • Shooting ranges • Tattoo parlors • Truck service or repair • Truck stops • Trucking terminals • Vehicle sales • Video arcades (as a primary use) • Wholesale nurseries • Wireless Transmission Facility, Attached • Wireless Transmission Facility, Self -Standing • Wrecking yards 3. REMAINING USES All other uses that are not specifically addressed in this ordinance will require an amendment in accordance with Section 9 of this Agreement. 4. COMPLIANCE WITH CODE Building design, landscaping, signage, parking and all other aspects of development on Parcel 2 shall comply with applicable regulations in the Code. EXHIBIT E SIGN LOCATIONS RECORDERS MEMORANDUM All or parts of the text on this page was not clearly legible for satisfactory recordation® Rezoning from Interim SF -R to PUD 66 3.165 acres Dell Diamond (/ 0,g e_cAy\-4 yLvieJ Vp FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2005101520 E. Rdky, 12/27/2005 09:24 AM DNORMAN $148.00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS