Z-94-05-12-10F - 5/12/1994251'9
STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK
I, JOANNE LANG, Assistant City Manager/City Secretary of the
City of Round Rock, Texas do hereby certify that the above and
foregoing is a true and correct copy of an ordinance passed and
adopted by the City Council
at a meeting held on the
19 , which
Rock in book
f the City of Round Rock,
Texas, at
day of I ,
is recorded in the minutes of the City of Round
WITNESSED by my hand and seal of the City of Round Rock,
Texas on this day ofA0(0)11s
LAMSON CO
ARDS
rvfe
ALIAAEA
lii
AN LANG
sistant City Manager/
City Secretary
vat 2 793AcE0'
ORDINANCE NO. Z - 94- 0/OF
AN ORDINANCE AMENDING EXHIBIT "B" OF ORDINANCE NO.
1299, ADOPTED BY THE CITY COUNCIL OF ROUND ROCK,
TEXAS, ON NOVEMBER 7, 1991, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS, AS
ADOPTED IN SECTION 11.305(2), CODE OF ORDINANCES (1990
EDITION), CITY OF ROUND ROCK, TEXAS TO REFLECT SAID
AMENDMENT; PROVIDING FOR A SAVINGS CLAUSE AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS
WHEREAS, on November 7, 1991, the City Council of the City
of Round Rock, Texas adopted Ordinance No. 1299, which amended the
Official Zoning Map adopted in Section 11.305(2), Code of
Ordinances, 1990 Edition, City of Round Rock, Texas, by
establishing the 2.45 acres described in Exhibit "A" of said
Ordinance as Planned Unit Development (PUD) District #5, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend Exhibit "B" of Ordinance
No. 1299, said amendment changing the name of the Developer to TM&M
Partnership and to allow the property described in Exhibit "A" of
said PUD to be used as a landscape construction storage facility,
and
WHEREAS, the Planning and Zoning Commission held two public
hearings concerning the requested amendment to Ordinance No. 1299
and P.U.D. #5 on the 21st day of April, 1994, and the 12th of May,
1994, following lawful publication of said public hearings, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that Ordinance No. 1299 be amended, and
KS/ORDINANCE
ORO2244C
WHEREAS, on the 12th day of May, 1994, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. 1299 and P.U.D. #5, and
WHEREAS, the City Council determined that the amendment to
Ordinance No. 1299 and P.U.D. #5 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, 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, THAT:
I.
That the City Council hereby determine that the proposed
amendment to Planned Unit Development (PUD) District #5 meets the
following goals and objectives:
(1) The change to the development in the proposed P.U.D. #5
is equal to or superior to development that would occur
under the standard ordinance requirements.
(2) The amendment to P.U.D. #5 is in harmony with the general
purposes, goals, objectives and standards of the General
Plan.
(3) The amendment to P.U.D. #5 does not have an undue adverse
effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utilities or
any other matters affecting the public health, safety and
general welfare.
(4) The amendment to P.U.D. #5 will be adequately served by
essential public facilities and services including
2.
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0
streets, parking, drainage, water, wastewater facilities,
and other necessary utilities.
(5) The amendment to P.U.D. #5 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.
II.
That Ordinance No. 1299, passed and adopted by the City
Council of Round Rock, Texas, on November 7, 1991, is hereby
amended by deleting Exhibit "B" and substituting a new Exhibit
"B", which is attached hereto and incorporated herein.
III.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances, 1990 Edition, City of Round Rock, Texas is
hereby amended to reflect the amendments to Ordinance No. 1299 and
P.U.D. #5 established therein.
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.
i�f,
READ, PASSED, and ADOPTED on first reading this — day
of
1994.
3.
Yill. 2E79PE
VOI:
Alternative 2.
READ and APPROVED on first reading this the day of
, 1994.
READ, APPROVED and ADOPTED on second reading this the
day of , 1994.
ATTEST:
NE LAND, City Secretary
CHARLES CULP Mayor
City of Round Rock, Texas
4.
EXHIBIT A
jai. 2579P?EOi97
JnMA ^n"
The Land referred to in this document is described as follows:
BEING 2.46 acres of land out of the Jacob M. Harrell Survey, Abstract No. 284 in the
City of Round Rock, Williamson County, Texas, said Land being that same tract
conveyed by deed from Phillip Mays, et ux, to Frank Clayton, et al., of record in
Volume 86, Page 584, of the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of May, 1975, by Don more fully as follows:
BEGINNING at an iron pin set in the South right-of-way line of the Missouri Pacific
Railroad (formerly called I & G.N.R.R. Co.), said point being the most westerly
corner of the said Clayton tract, for the most westerly corner hereof;
THENCE, along the North line of Chisholm Valley, a subdivision shown on a plat
of record in Volume 7, Page 51 of the Plat Records of Williamson County, Texas, as
follows:
N 89° 39' E at 40.73 feet passing an iron pin found, in all 161.34 feet to an iron pin
found, and
N 85° 07' E, 338.66 feet to an iron pin set for the S.E. corner hereof;
THENCE N 13° 00' W, 425.63 feet to an iron pin set in the South R.O.W. line of the
said railroad for the most northerly corner hereof;
THENCE S 42° 12' W, 600.00 feet along the said South R.O.W. line to the place of
BEGINNING.
Page 1
VDL 9 FAH 0 1 ti 8
t. 25 4 10
TM & M Partnership
DEVELOPMENT PLAN
PUD Number 5
Amended
Exhibit "B"
to City of Round Rock
Ordinance No._
This exhibit contains 7 pages
and one Exhibit
vo . 25 79PAGE 0I O. 9
VOL: 31
PLANNED UNIT DEVELOPMENT NO. 5
Application No. 91-5502
THIS AGREEMENT made the day of ,1994, BETWEEN the City
of Round Rock,Texas having its offices at 221 East Main Street, Round Rock, Texas,
78664, (hereinafter called the "City") and TM & M Partnership, and its successors and
assigns, whose address for purposes hereof is PO Box 2138, Round Rock, Texas 78680
(hereinafter called the "Developer").
WHEREAS the Developer has requested a planned unit development from
the City for the development of 2.45 acres of land and a 4,800 square foot access
easement for a landscape construction storage facility on a tract of land located
within the corporate limits of the City and more particularly described by metes and
bounds in Exhibit "A" attached hereto and made part hereof (hereinafter called "the
land"); and,
WHEREAS the Owner, in accordance with Chapter 11, Section 11.316(8), Code
of Ordinances, City of Round Rock, Texas has submitted the development plan set
forth in this Agreement ("Development Plan") to the City containing terms and
condition for the use and development of the land; and
WHEREAS the City has held two public hearings required by law on the 21st
day of April, 1994 and on the 12th day of May, 1994 to solicit input from all
interested citizens and affected parties; and,
WHEREAS the Planning and Zoning Commission has recommended
approval of the P.U.D. zoning on April 21st, 1994; and,
WHEREAS the City Council has review 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; and
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that in
consideration of the premises and the conditions and covenants hereinafter set
forth, the City and the Developer covenant and agree as follows:
1. Owner
The Developer is the owner or has the right to purchase an estate in fee
simple of all those certain parcels or tracts of land and premises,being in the
City of Round Rock, Williamson County, Texas, and being more particularly
known and described in Exhibit A, attached hereto; AND,
Page 1
VIA. 2
VOt.
tin 3 2
The Developer holds an access easement across those portions of the Missouri
Pacific Railroad right-of-way, also being described in Exhibit A, attached
hereto. (Together referred to herein as the "Land")
2. Consent
The Developer has obtained the consent of all persons having a recorded
interest in the Land.
3. Development and Construction
For the purpose of determining the use of Land, buildings, and structures
upon the Land, and the regulation of the size, shape, and siting of buildings
and structures, the provision of off-street parking and other zoning
regulations, the Land shall be zoned to allow the development of a
commercial wholesale landscape complex, not to exceed 12,700 square feet in
the greenhouse, together with an office and storage area not to exceed 3,000
square feet gross floor area to serve said complex. No retail sales shall be
permitted from the lands. No herbicides or pesticides shall be used in the
operation of the greenhouses.
4. Construction
All roads, driveways and utilities to be constructed on or to the Land to serve
the proposed development and provide adequate fire protection shall be
constructed to current City standards, at the sole cost of the Developer, to the
satisfaction of the Director of Public Works prior to the issuance of any
certificate of occupancy.
5. Easements and Rights of Way
The Developer shall provide, at his sole cost, all necessary utility and drainage
easements or rights of way at the time of development of the Land. These
shall be recorded in the Williamson County Deed Records.
6. Fire Hydrants
The Developer shall install, prior to the issuance of any certificate of
occupancy, at his sole cost, all fire hydrants required by the City to the
satisfaction of the Director of Public Works.
Page 2
VOL 2 P 020
7. Waste Water Disposal
The Developer shall, at his sole cost, connect any building on the Land to the
wastewater system of the City of Round Rock.
8. Water
The Developer shall connect any building on the Land to the City of Round
Rock water supply system.
9. Setback
Minimum building setbacks shall be provided as follows:
A. Fifty (50') feet from the southern property line.
B. Twenty (20') feet from all other property lines.
10. Fenc
The developer shall erect a six (6) foot (minimum) security fence, with poles
set in concrete, along the boundary between the lands and Chisholm Valley
Park.
11. Buffer
A fifty (50') foot landscaped buffer strip shall be maintained along the
southern boundary of the land. Such buffer shall retain all native trees and
major shrubs with a caliper size of two (2) inches or greater. This area shall
not be used for any other purpose.
12. Parking
Parking shall be provided at the ratio of one parking space per 2000 square feet
of gross floor area unless an alternate parking standard is approved by the
Director of Planning and Community Development, in accordance with
Chapter 11 of the Code of Ordinances.
13. Height
No building or structure shall exceed thirty (30) feet in height.
14. Zoning Conformity
For zoning purposes other than those specifically addressed in this agreement
Page 3
the land shall conform to the provisions of Chapter 11 of the Code of
Ordinances of the city which pertain to the District C-1 (General Commercial)
Zoning District.
15. Access
Access is provided by a twenty foot (20') wide easement provided by the
License Agreement from the adjacent Railroad west to Bellview Drive as
documented in Exhibit B attached hereto. All access driveways shall be
constructed of railroad ballast rock or similar material, approved by the
Director of Public Works. Road shall be an all wesather road capable of
carrying emergency vehicles. All access driveways shall be constructed on
access easements described above. The developer shall erect a four foot (4')
security fence with poles set in concrete along the boundary of the access
easement and the Chisholm Valley Park. Driveways and fences shall be
completed prior to the issuance of an occupancy permit for the proposed
development.
16. Texas Water Commission
The Developer shall meet any requirements of the Texas Water Commission
as a condition of Development.
17. Vehicles
Daily commercial vehicle trips to the site shall be limited to a maximum size
of 3/4 ton vans or trucks and the number of commercial vehicle trips
entering and leaving the site shall be limited to twenty vehicles per day. This
restriction does not prohibit the occasional delivery of supplies by vehicles up
to 1.5 tons no more often than once weekly. All dual axle vehicles shall be
prohibited from making routine pickup or deliveries to the site. Commercial
vehicles making deliveries to or from the site shall be prohibited between the
hours of 10:00 P.M. and 6:00 A.M. daily.
18. Outdoor Storage
Outdoor storage of materials shall be restricted as a conditional use and
regulated by the Development Review Board in accordance with Chapter 11
Code of Ordinances. No storage of compost, fertilizers, or soil which would
result in objectionable odors in the adjacent residential subdivision or park
shall be permitted.
Page 4
VOL.2579°AGE0203
uo�fim5
19. Incorporation
Exhibits "A" and "B" hereinbefore referred to are hereby incorporated into
and made part of this Agreement.
20. Ordinances
Except as provided in this contract, the Land shall be used and developed
strictly in compliance with the Code of Ordinances of the City.
21. Representation
It is understood and agreed that the City has made no representations,
covenants, warranties, guarantees, promises or agreements (verbal or
otherwise) with the Developer other than those in this Contract.
22. Recordation
This Agreement shall be construed as running with the Land and shall be
recorded in the Williamson County Official Deed Records.
23. Recording Fees
The Developer agrees to pay all costs related to the recording of this
Agreement. This Agreement shall be deemed the "Development Plan"
referred to by the Code of Ordinances.
24. 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.
25. Binding
This Agreement shall enure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, administrators, successors and
assigns.
Page 5
9 E0204
IN WITNESS WHEREOF the said parties to this Agreement have hereunto set
their hands and seals the day and year first above written.
ATTEST:
1�/1/n
NE LAND, City Secretary
CL OF ROUND ROCK, TEXAS
DATE:
TM&M Partnership
BY:
Mike Robinson, Partner
DATE:
Page 6
VOL
9P4GEO2�5
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the day of _ ,1994
by Charles Culpepper, Mayor of the City of Round Rock, Texas.
Notary Public, State of Texas
Commission Expires: Name Printed:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on the
by Mike Robinson, Partner, on behalf of said carporation.
�b.
Commission Expires:
day of 'i\. ,1994
Nota Public, State of Texas
Page 7
vu, 2.579p
V01.
EXHIBIT A
The Land referred to in this document is described as follows:
BEING 2.46 acres of land out of the Jacob M. Harrell Survey, Abstract No. 284 in the
City of Round Rock, Williamson County, Texas, said Land being that same tract
conveyed by deed from Phillip Mays, et ux, to Frank Clayton, et al., of record in
Volume 86, Page 584, of the Deed Records of Williamson County, Texas. Surveyed
on the ground in the month of May, 1975, by Don more fully as follows:
BEGINNING at an iron pin set in the South right-of-way line of the Missouri Pacific
Railroad (formerly called I & G.N.R.R. Co.), said point being the most westerly
corner of the said Clayton tract, for the most westerly corner hereof;
THENCE, along the North line of Chisholm Valley, a subdivision shown on a plat
of record in Volume 7, Page 51 of the Plat Records of Williamson County, Texas, as
follows:
N 89° 39' E at 40.73 feet passing an iron pin found, in all 161.34 feet to an iron pin
found, and
N 85° 07 E, 338.66 feet to an iron pin set for the S.E. corner hereof;
THENCE N 13° 00' W, 425.63 feet to an iron pin set in the South R.O.W. line of the
said railroad for the most northerly corner hereof;
THENCE S 42° 12' W, 600.00 feet along the said South R.O.W. line to the place of
BEGINNING.
Page 1
PUD AMENDMENT
TMM Partnership PUD #5
PUBLIC HEARING AND ZONING RECOMMENDATION
RECORDERS MEMORANDUM
AU or parts of the text on this page WAS _ -.--
clearly legible for satisfactory recordation.
DATE OF REVIEW: April 21,1994; May 12,1994
APPLICATION NUMBER: 94-5512
REQUESTED BY: TM & M Partnership, Mike Robinson, partner
DESCRIPTION: Acreage: 2.45 acres of land
Survey: J.M. Harrell Survey, Abstract No. 284,
Round Rock, Texas.
LOCATION:
The development tract is on the south side of
McNeil Road, bounded by the Union Pacific
Railroad and is adjacent to the Chisholm Valley
Park.
LAND USE POLICY: Commercial/residential interface.
EXISTING ZONING: District PUD No. 5.
REQUESTED ACTION: Amend Planned Unit Development No. 5 to
change the use and size of office space.
ASSESSMENT: The proposed amendment provides minor
technical amendments to the development
agreement.
RECOMMENDATION: Approval
Page 2
Development Packet
DATE 4/5/94
To the City Council:
Bryan Byrd
(name of present owner)
257
ZONING CHANGE APPLICATION V O L
(Form A)
B. Mike Robinson
(name of agent)
E 0209
hereby make(s) application to the City Council of the City of Round Rock for change in zoning designation of
the property described below:
FROM N/A District
(present zoning classification)
'PO N/A
(present proposed classification)
for the purpose of N/A
District
Land area of property to be
PROPERTY DESCRIPTION:
2.46 cut
N/A
Describe only the property to be rezoned using either metes and bounds or
subdivision reference.
Jacob M. Harrell Survey
(or)
Survey.
Subdivision; Lot ; Block
(and/or)
Street Address (es) of the Property
Volume and Page of de (s' Y'zich conveyed the property to the present owner:
Volume 86
Type of Ownership: z e Owner; Community Property;
X Partnership; Corporation; Trust.
584 , 2.46 acres.
OWNER'S
SIGNATURE �• ,
300 Hickok Court Austin,
(mailing address)
78753
(zip code)
512-255-7100
AGENT'S .4%
SIGNATURE rig
P.O. Box 2138 Round Rock, TX
(mal g0 address)
(zip code)
If ownership is other s'1e or community property, name the partners, principals, beneficiaries, etc
respectively:
1) Mike Brosie P.O. Box 2138 Round Rock, TX 78680 (partner)
(name) (address) (zip code)
2) Tom Kroll (partner) P.O. Box 2138 Round Rock, TX 78680
(name) tpesi c (address) (zip code)
3) Mike Brosie (partner) P.O. Box 2138 Round Rock, TX 78680
68
Date:
Subject:
Item:
OL.
May 10,1994
City Council Meeting, May 12, 1994
10.F. Consider an ordinance to amend Planned Unit Development
(PUD) No. 5. (First Reading)
Staff Resource Person: Joe Vining
Recommendation: Approval
On April 21, 1994 the Planning and Zoning Commission recommended in favor of
amending PUD No. 5.
FTATE OF lEXP3
th,e
tay i:•!;,fy
fOh
JUN 714
014 t TEXA
STATE OF TEXAS IOUNTY OF WILLIAMSON
hereby certify that this instrument was FILED
on the date and a' the time stamped hereon
by me, and was duly RECORDED in the Volume
and Page of the named RECORDS of Williamson
County Texas, as stamped hereon by me, on
AUG 2 1994
COUNTY CLERK
WILLIAMSON COUNTY, TEXAS