Loading...
Z-05-01-13-9C3 - 1/13/2005ORDINANCE NO. Z-05-01— L3 _ (k 3 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), 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 REZONE 0.887 ACRES OF LAND, OUT OF THE P.A. HOLDER SURVEY, ABSTRACT NO. 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT OS (OPEN SPACE) TO DISTRICT C-1 (GENERAL COMMERCIAL). WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone .0.887 acres of land, out of the P.A. Holder Survey, Abstract No. 297, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District OS (Open Space) to District C-1 (General Commercial), 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 1st day of December, 2004, 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 property described in Exhibit "A" be zoned as District C-1 (General Commercial), and @PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/050113C3.WPD/sc WHEREAS, on the 13th day of January, 2005, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, 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: T Y. That the Official Zoning Map adopted in Section 11.401(2)(a), 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" is hereafter designated as District C-1 (General Commercial). II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 13. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 2. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such .meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, consideredand formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. of READ, PASSED, and ADOPTED on first reading this 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. , 2005. day ATTEST: MAXWELL, . yor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret 3. EXHIBIT "A" Page 1 of 2 Zoning Change Description 0.887 of one Acre Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas DESCRIPTION DESCRIPTION OF 0.887 OF ONE ACRE OF LAND SITUATED IN THE PRIOR A. HOLDER SURVEY, ABSTRACT NO. 297, WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 101.11 ACRE TRACT OF LAND DESCRIBED AS EXHIBIT C, TRACT 1, IN DEED TO OLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY, OF RECORD IN VOLUME 1760, PAGE 451 OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 0.887 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point for the southwest corner of the herein described tract, in the north line of U.S. Highway No. 79 (Right of Way Varies), in the east line of that certain 2.78 acre tract of land described in a deed to the Old Settlers Association of Williamson County, of record in Volume 1760, Page 478 Official Records Williamson County, Texas, from which a Texas Highway Department type II monument found in the north line of said U.S. Highway No. 79, in the west line of said 2.78 tract, and in the east line of that certain tract of land described in a deed to Michael Glenn Griffin and Wife, Carrie Louise Griffin, of record in Volume 2620, Page 775 Official Records Williamson County, Texas, bears S63°36'53"W a distance of 375.69 feet; THENCE with the east line of said 2.78 acre tract, with the west line of the herein described tract, N26°23'07"W a distance of 259.66 feet to the northwest corner of the herein described tract; THENCE over and across said 101.11 acre tract, with the north line of the herein described tract, N63°36'53"E a distance of 148.87 feet to a 1/2 inch iron rod with aluminum cap set for the northeast corner of the herein described tract; THENCE continuing over and across said 101.11 acre tract, with the east line of the herein described tract, S26°23 '07"E a distance of 259.66 feet to a 1/2 inch iron rod with aluminum cap set for the southeast corner of the herein described tract, in the north line of said U. S Highway No. 79, from which a Texas Highway Department type II monument found in the north line of said U.S. Highway No. 79 bears N63°36'53"E a distance of 575.25 feet; THENCE with the south line of the herein described tract and the north line of said U.S. Highway No. 79, S63°36'53"W a distance of 148.87 feet to the POINT OF BEGINNING containing 0.887 of one acre of land, within these metes and bounds 5:12800501\ Documents\ZONING easement.doc EXHIBIT "A" Page 2 of 2 Zoning Change Description 0.887 of one Acre Prior A. Holder Survey, Abstract No. 297 Williamson County, Texas Reference is herein made to the sketch of this 0.887 of one acre tract of land accompanying this description. Bearing Reference: the north line of that certain tract of land described in a deed to the City Of Round Rock in document number 2000048501 Official Public Records Williamson County, Texas. I hereby certify that this description was prepared from the results of a survey made on the ground under my supervision. CUNNINGHAM-ALLEN, INC. Gregory Schmidt Registered Professional Land Surveyor No. 4437 Date: /( C< ( 6 `O F s 04'74..0, �'a Hc,„E9 a C tOeOe �maG a GOR SCHM DT 443; m�o ems. ESS S S:\2800501\_Documents\ZONING easement.doc • 0 0 () O.P.R.T.C. O.R. T. C. P.O.B. SKETCH TO ACCOMPANY DESCRIPTION PROPOSED ZONING CHANGE LEGEND 1�" IRON ROD FOUND (UNLESS STATED) CONCRETE HWY. MONUMENT FOUND (TYPE II) l" IRON ROD W/CAP SET IN CONCRETE (UNLESS STATED) RECORD INFORMATION OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY OFFICIAL RECORDS OF WILLIAMSON COUNTY POINT OF BEGINNING PRZON a.. NOLDNEt ISURVEY A,_F ACTNO»2l / EXHIBIT B, TRACT III CITY OF ROUND ROCK \ VOLUME 1760, PAGE 451 O.R.W.C. EXHIBIT C, TRACT I \ ' e OLD SETTLERS ASSOCIATION a� OF WILLIAMSON COUNTY \ t 101.11 ACRES VOLUME 1760, PAGE 451 \ O.R.W.C. IOLD SETTLERS ASSOCIATION OF WILLIAMSON COUNTY 2.78 ACRES I VOLUME 1760, PAGE 478 O.R.W.C. 1 MICHAEL GLENN GRIFFIN AND I WIFE, CARRIE LOUISE GRIFFIN 6.16 ACRES VOLUME 2620, PAGE 775 ..— IO.R.W.C% hyo o Rv+. iQBE l569/ iko eNoo °1'.6 QO / BEARING REFERENCE: THE NORTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF ROUND ROCK IN DOCUMENT NUMBER 2000048501, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS REFERENCE IS HEREIN MADE TO THE METES AND BOUNDS DESCRIPTION ACCOMPANYING THIS SKETCH © COPYRIGHT 2004 CUNNINGHAM-ALLEN, INC. CLIENT: — EP�� E 1° r 3 0 �6y5 -4)* POB / O / VEYED BY: GREGORY SCHMIDT REG. PROF. LAND SURVE NO. 4437 / DATE: /� Cunningham 1 Allen Engineers • Surveyors 3103 Bee Cave Road, Suite 202 Austin, Texas 78746-6819 Tel.: (512) 327-2946 Fax: (512) 327-2973 DATE: 11-01-04 CREW: - OFFICE: ded F.B.: — PROJ #: 2800501 FILE NAME: —zoning easement Old Settlers Retail Subdivision - 0.887 acres Rezoning from OS to C-1 DATE: January 6, 2005 SUBJECT: City Council Meeting - January 13, 2005 ITEM: 9.C.3. Consider an ordinance rezoning 0.887 acres of land from District OS (Open Space) to District C-1 (General Commercial) (3200 E. Palm Valley Boulevard) (First Reading) Department: Planning Staff Person: Jim Stendebach, Director Justification: As right-of-way for the adjacent highway was acquired for proposed improvements, the size of the commercial tract was diminished to approximately 1.75 acres. The proposed rezoning application before you allows the Association to reclaim the 2.78 acre General Commercial (C-1) tract by rezoning a 0.887 acre strip of land that is currently zoned Open Space (OS), adjacent to the remaining commercial tract. The rezoning will allow the owner to develop the property as it was intended for recreational type commercial uses per the Declaration of Covenants, Conditions and Restrictions recorded in Volume 1760, Page 468-473. This proposed development will have the potential to provide added commercial uses to this portion of the city. The rezoning request received a positive recommendation at the Planning and Zoning Commission meeting on December 1, 2004. The rezoning request complies with the General Plan 2000 and is consistent with City land use policies. Funding: Cost: N/A Source of funds: N/A Outside Resources: OId Settlers Association of Williamson County Background Information: The 0.887acre tract is located north of Hwy 79 and west of Harrell Parkway. In 1988, 422 acres of land known as OId Settlers Park was annexed and given interim zoning of SF -1. A portion being 2.78 acres of the 422 acres was rezoned to C-1 per Ordinance #1274 approved by the City Council on January 26, 1989. Public Comment: Public Notice and a public hearing were held in accordance with the City of Round Rock's Zoning Ordinance.