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Z-93-01-28-12F - 1/28/1993VOL 4 75pA,E230 10883 e / Add G we-lfee. 4 ,toe. ,,, ORDINANCE NO. Z - 93 - 0/ vt {�'_ /c2 r AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO CHANGE THE DESIGNATION OF ROUND ROCK ORIGINAL PLAT, BLOCK 32, LOTS 1 - 3, A PORTION OF LOT 6, AND LOTS 7 - 11, BLOCK 33, LOTS 1 - 5 AND LOTS 6-8, AND BLOCK 43, LOTS 9 AND 10, ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT C-1 (GENERAL COMMECIAL) AND DISTRICT SF -2 (SINGLE FAMILY -STANDARD LOT) TO DISTRICT PUD (PLANNED UNIT DEVELOPMENT) NO. 7. WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to change the zoning classification of the property described in Exhibit "A" from District C-1 (General Commercial) and District SF -2 (Single Family -Standard Lot) to District P.U.D. (Planned Unit Development) No. 7; 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 21st day of January, 1993, 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 above described property be changed from District C-1 (General Commercial) and District SF -2 (Single Family -Standard Lot) to District P.U.D. (Planned Unit Development) No. 7 and, WHEREAS, on the 28th day of January, 1993, after proper notification, the City Council held a public hearing on the requested change, and WHEREAS, the City Council has determined that substantial changes in conditicns have occurred which justify the zoning classification change provided for herein, and WHEREAS, each and every requirement set forth in Chapter 211, Subchapter A, w FACIAL RECORDS !AMON COUNTY, TEXAS VOL 2275pAGE231 Texas Local Government Code, 1990 Edition and Section 11.305(2), Code of Ordinances, 1990 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: I. That the City Council has hereby determined the Planned Unit Development (PUD) District No. 7 meets the following goals and objectives: (1) PUD No. 7 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (2) PUD No. 7 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. (3) PUD No. 7 will be adequately provisioned by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. (4) PUD No. 7 will be developed 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. II. That the Official Zoning Map adopted in Section 11.305 (2), Code of Ordinances, 1990 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 hereby changed from District C-1 (General Commercial) and von 22'75NcE232 District SF -2 (Single Family -Standard Lot) and shall be hereafter designated as Planned Unit Development (PUD) No. 7, and that the Mayor is hereby authorized and directed to enter into the Planned Unit Development (PUD) agreement attached hereto as Exhibit "B", which agreement shall govern the development and use of said property. A. expressly B. invalidate All ordinances, parts of ordinances, or resolutions in conflict herewith are repealed. The invalidity of any section or provision of this ordinance shall not other sections or provisions thereof. Alternative 1. 1993. READ, PASSED,and ADOPTED on first reading thisg1-13) day o Alternative 2. 1993. READ and APPROVED on first reading this the day of READ, APPROVED and ADOPTED on second reading this the day of ,1993. ATTEST: ANNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas EXHIBIT A TO ZONING ORDINANCE NO. LEGAL DESCRIPTION 2275GE233 Being certain lots and lot portions out of the Round Rock Original Plat as follows: I. Currently zoned District C-1 (General Commercial): block 32, Lots 1-3, a portion of Lot 6, and Lots 7-11; block 33, Lots 1-5. II. Currently zoned District SF -2 (Single Family -Standard Lot): Block 33, Lots 6-8, and Block 43, Lots 9 and 10. 4 EXHIBIT B TO ZONING ORDINANCE NO. ,,Z �- !' 3- N4A g.. /2 F - DEVELOPMENT PLAN AND AGREEMENT This agreement (" Development Plan")h p is made the day of 1993, between the City of Round Rock, Texas, having its offices at 221 East Main Street, Round Rock, Texas (hereinafter called the "City"), and The First Baptist Church of Round Rock, having its offices at 306 Round Rock Avenue, Round Rock, Texas, 78664 (hereinafter called the "Developer"). WHEREAS Developer has requested a Planned Unit Development from the City for The First Baptist Church of Round Rock property located within the incorporated limits of the City of Round Rock and more fully described as follows: The City of Round Rock Original Plat: Block 32, Lots 1-3, a portion of Lot 6, and Lots 7-11; Block 33, Lots 1-8, and Block 43, Lots 9 and 10. AND WHEREAS the Developer, in accordance with Chapter 11, Section 11.316, Code of Ordinances 1990 Edition, City of Round Rock, Texas is required to submit a Development Plan to the City containing certain terms and conditions for the use and development of the Property; 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 Ordinance of the City; NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in consideration of the premises and the conditions and covenants hereinafter set 1 V OL 22 I 5Pp Cf 2s.�� forth, the City and the Developer covenant and agree as follows: 1. DEVELOPMENT AND USES: The Property shall be developed for the following purposes only: Principal and accessory buildings and uses that relate to the First Baptist Church of Round Rock; these include paved parking spaces and maneuvering aisles, as generally shown on the concept plan attached hereto as Exhibit "A". The concept plan is hereby incorporated into and made a part of this Development Plan. 2. GENERAL COMPLIANCE: The Developer shall comply with all the requirements and restrictions depicted in this Development Plan, and in Exhibit "C". Unless specifically waived by this Development Plan or the Planned Unit Development Ordinance of the City of Round Rock, the Developer shall also comply with all other applicable ordinances of the City of Round Rock. 3. CHANGES TO THE DEVELOPMENT PLAN: After this Development Plan has been accepted and approved by the City Council, any substantial alterations shall be re -submitted for consideration to the City Council following the same procedure required in the original adoption of this Development Plan. Any minor alterations to the Development Plan which do not substantially change the concept of the Planned Unit Development may be approved by the Director of Planning. 4. LAND USE AND BUILDING TYPES: No building shall be erected, altered or permitted on any lot for a use other than a church or church related use. Accessory buildings and structures are also permitted, as generally shown on Exhibit A„ 5. PARKING: Parking shall be established as generally shown on Exhibit 2 2275rE236 „A„ 6. LANDSCAPING: a. The Developer agrees to install landscape improvements and sprinkler systems particularly described on Exhibit "A" in the areas designated on Exhibit "A". The landscape improvements and sprinkler systems shall be equivalent of the sum of twenty thousand dollars ($20,000.00). b. The parties acknowledge and agree that the Texas Department of Transportation will begin making certain improvements to Round Rock Avenue after this Development Plan has been executed by the parties and that the Developer shall not be obligated to commence the installation of landscape improvements and sprinkler systems until the Texas Department of Transportation has released the subject right-of-way following completion of improvements to Round Rock Avenue. Except as provided below, the Developer shall commence installation of landscape improvements and sprinkler systems on the subject right-of-way within sixty (60) days after the date that the right-of-way is released by the Texas Department of Transportation. The Developer shall complete the such landscape improvements and sprinkle systems installation within ninety (90) days from the date of its commencement. In event that the Development submits an application for a building permit to the City for construction of a building or buildings on property that abuts the subject right-of-way within sixty (60) days following the date that the right-of-way is released by the Texas Department of Transportation, then the Developer may delay installation of landscape improvements and sprinkler systems so that such installation completed within ninety (90) days after the date of 3 'r—VOL 2275PA-G. E 237 completion of the building or buildings described in the application for building permit. c. The City may delay commencement of the installation of landscape improvements and sprinkler systems by the Developer for up to one hundred twenty (120) days, to insure that the landscaping is installed by the Developer during an appropriate planting season. d. As consideration for the Developer's installation of landscape improvements and sprinkler systems on the right-of-way of Round Rock Avenue abutting its property as described above, the City shall adopt the ordinance attached hereto as Exhibit "B" which vacates and closes that portion or Brown Street lying between Round Rock Avenue and Austin Avenue more particularly described by metes and bounds in Exhibit "C". The City shall adopt the ordinance attached hereto as Exhibit "B" after Brown Street at its connection with Round Rock Avenue is blockaded and/or barricaded by the Texas Department of Transportation during its construction of improvements to Round Rock Avenue so that Brown Street lying between Round Rock Avenue and Austin Avenue is no longer usable as a through street for public access. 7. MAINTENANCE OF LANDSCAPING: The Developer shall be responsible in perpetuity for the maintenance of all landscape improvements, sprinkler systems and landscaping designated on Exhibit "C". Maintenance requirements include: prompt removal of all litter, trash and waste; lawn mowing, tree and plant trimming; and watering of landscaped areas. 8. TEMPORARY STRUCTURES OR EMPLACEMENTS: No structure or 4 7-012275r.a:239 emplacement of a temporary character, mobile home, trailer, derelict, junk or racing motor vehicle, or any motor vehicles without a current license tag, or any tent, shack, barn or other outbuilding shall be erected, placed, driven onto, altered or permitted to remain on any lot at any time, either temporarily or permanently. No unenclosed outdoor storage shall be permitted. This provision shall not apply to vehicles, equipment or temporary structures utilized by Developer, or contractors or subcontractors when engaged in construction or repair work, or such work as may reasonably be necessary for the completion of the improvements constructed on the property. 9. TEXAS WATER COMMISSION: According to State of Texas requirements, construction plans shall be required to be submitted to and reviewed by according to the Texas Water Commission ("TWC") requirements. Utility designs and water quality ponds shall be approved for this tract according to TWC requirements prior to construction. This tract is located over the North Edwards Aquifer recharge zone. 10. FENCES: Required fences shall be of a privacy type construction to be approved by the Director of Planning. 11. STORMWATER DETENTION: All applicable City of Round Rock stormwater drainage policies shall be complied with. 12. IDENTIFICATION SIGN: The identification sign as depicted in Exhibit "A" shall be authorized upon removal of the existing onsite church sign. 13. REPRESENTATION: It is understood and agreed that the City has made no representations, covenants, warranties, guarantees, promises or 5 To—L. 2275N c, 239 agreements (verbal or otherwise) with the Developer other than those in this Development Plan. 14. RECORDATION: This Development Plan shall be construed as running with the land and shall be recorded in the official deed records of Williamson County. 15. INTERPRETATION: Whenever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or body corporate or politic where the context or the parties so require. 16. AMENDMENT: The terms of this Development Plan may be altered only in accordance with Section 3 of this Plan. 17. INCORPORATION: All Exhibits referred to are hereby incorporated into and made a part of this Development Plan. 18. LEGAL AND REGISTRATION FEES: The Developer agrees to pay all of the legal and recording costs incurred by the City in the preparation and recording of this Development Plan. 19. BINDING: This Development Plan shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the said parties to the Development Plan have hereunto set their hands and seals this WIC day of 1993. DEVELOPER The First Baptist Church of Round Rock B ` rot By:" 1 11.-:f2--"" e r.� PAGE2 STATE OF TEXAS COUNTY OF WILLIAMSON . This instrument was acknowledged before me on this 2 day of r f 1993 by _ p 4/ r a , trustee of First Baptist Church of Round Rock, a Texas cor oration .ion behalf p e alf of said corporation. JEANY JENK INS NOTARY PUBLIC State of Texas Comm. Exp. 084146 STATE OF TEXAS COUNTY OF WILLIAMSON . This instrument was acknowledged before me on this. ' day of Fth'uQi , 1993 by L 1u9 A e r r r r7 , trustee of First Baptist Church of Round Rock, a Texas corporation, on behalf of said corporation. JAY JENKINS NOTARY PUBLIC Stilte of Texas 3+ �: Exta. 08-11-96 STATE OF TEXAS COUNTY OF WILLIAMSON . _This instrument was acknowledged before me on this day of ' 1993 by r n c , trustee of First Baptist Church of Round Rock, a Texas corporation, on behalf of said corporation. 41, ROY L. VOELKER ^fi TCxas Y 22 1993 TROY LWEL1 Notary Public, State of Turn Gosnmission Expires July 22, 1993 7.1 Notary Public, State of Texas Printed Name: My commission expires: CITY OF ROUND ROCK, TEXAS 714 By: Mike Robinson, Mayor STATE OF TEXAS COUNTY OF WILLIAMSON : VOL 2275N G E 241 This instrument was acknowledged before me on this day of , 1993 by , on behalf of The First Baptist Church of Round Rock. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS COUNTY OF WILLIAMSON : This instrument was acknowledged before me on this), day of by Mike Robinson, Mayor of the City of Round Rock. CHPIST1NE R. MARTitkiEZ Notary Public, Stzt of Texas My CommiSsiM7 EXOes JUNE 22, 1593 7 k.N61,Y, Notary Public, StateAof Texas Printed Name: OP 057/A)e:d /e. UV e7 My commission expires: ;1993 voL2275:.c212 z 'roe 275r GE23 EXHIBITS A-1 (Concept Plan) and A-2 (Landscape Plan) ARE ON FILE IN THE CITY SECRETARY'S OFFICE CITY OF ROUND ROCK, TEXAS VOL 2275Pg,=249 EXHIBIT B TO DEVELOPMENT PLAN AND AGREEMENT ORDINANCE NO. AN ORDINANCE ABANDONING THAT PORTION OF BROWN STREET LYING BETWEEN ROUND ROCK AVENUE AND AUSTIN AVENUE; RETAINING A PUBLIC UTILITY EASEMENT; PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: I. The City Council of Round Rock, Texas, after due investigation and consideration, has determined that the nature and extent of the public use and public interest warrant the abandonment of that portion of Brown Street as described in this ordinance. II. That portion of Brown Street lying between Round Rock Avenue and Austin Avenue and more particularly described by metes and bounds in Exhibit "A", said exhibit being attached hereto and made a part of this ordinance, is hereby abandoned, vacated and closed insofar as the right, title or easement of the public is concerned. The City Council has determined that this portion of Brown Street is no longer required for public access and the public interest will be served by this abandonment. There is however, a public utility easement hereby reserved across the entirety of the abandoned portion of Brown Street. III. That the abandonment provided for herein shall extend only to the public right, title and easement in and to the tracts of land OR01283F described in Part I of this ordinance, and shall to that interest the governing body of the City legally and lawfully abandon. -;OL 2275pAGi 245 be construed only of Round Rock may IV. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this day of , 1993. Alternative 2. READ and APPROVED on first reading this the day of , 1993. READ, APPROVED and ADOPTED on second reading this the day of , 1993. ATTEST: JOANNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 2. v0,2275p.G:246 EXHIBIT . C TO DEVELOPMENT:_PLAN. AND AGREEMENT (Page 1) FIELD NOTES BEING a part of the Original Town of Round Rock, Williamson County, Texas, according to the maps or plats thereof recorded in Volume 20, Page 224 and Volume 25, Pages 314-315, Deed Records of Williamson County, and Cabinet A, Slide 190, Plat Records of Williamson County, being all that part of Brown Street bounded on the north by Austin Street, on the east by Biock 33, on the south by Round Rock Avenue, and on the west by Block 32 of the Original Town of Round Rock, said portion of Brown Street being more particularly described by metes and bounds as follows, to wit: BEGINNING at an iron rod found at the southeast corner hereof, said iron rod being the southwest corner of Lot 5, Block 33, Original Town of Round Rock, and being the intersection of the north line of West Liberty Street and the east line of Brown Street; THENCE N 80° 54' 56" W a distance of 89.64 feet with the north 1'ne of Round Rock Avenue to an iron rod found at the southwest corner hereof, said iron rod being the southeast corner of Lot 1, Biock 32, Original T wn of Round Rock, and being the intersection of the north line of Round Roca Avenue and the west line of Brown Street; THENCE N 17° 21' 12" W a distance of 230.00 feet with the west line of Brown Street and the -east line of said Block 32 to an iron rod found at the northwest corner hereof, said iron rod beingthe northeast corner of Lot 11, Block 32, Original Town of Round Rock, and being the intersection'`of the west line of Brown Street and the south line of Austin Street; THENCE N 72° 35' E a distance of 79.97 feet with the south line of Austin Street to an iron rod found at the northeast corner hereof, said iron rou being the northwest corner of Lot 6, Biock 33, Original Town ()Mound Rock, and being the intersection of the south line of Austin Street and the east line of Brown Street; THENCE S 17° 25' E a distance of 270.00 feet with the east line of Brown Street and the west line of said Biock 33 to the PIace of Beginning, containing 20,027 square feet of land. V -C''' 7 Stan Coalter, RPS, LSLS 12-30-92 EXHIBIT C ' Pa_e 2 SKETCH TO ACCOMPANY FIELD NOTES PT. of the Original Town of Round Rock, Vol. 20, Pg. 224,'Vo1.25,Pg.314- 315, Deed Records Williamson Co., Cabinet A,Slide 190, Plat' Records Williamson County, Texas N AUSTIN, STREET N 72°35'E 1I Abandoned Alley ORD 1247 12-6_73 Cr) 0 - DENOTES IRON ROD FOUND BE$/N/N8 POINT FOR F/ELD NOTES 12 -30-92 WEST LIBERTY STREET Q'77'Si1 tiND uaE2275=.aE248 STATE OF TEAS COUNTY OF WILLIA 9SOM I hereby certify that this instrument was FILED on the date and at the time stamped here© by me, and was duly RECORDED in the Volume and Page of the named RECORDS of Williamson Cour4, Texas, as stamped hereon by me. on R-2 COUNTY CLERK WILLIAMSON COMM