Z-95-12-14-12A - 12/14/1995IOC# 9740338
THE STATE OF 'TEXAS
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK *
I, JOANNE LAND, 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 of the City of Round Rock, Texas,
at a meeting held on the 14th day of December, 1995, as recorded in the minutes of the
City of Round Rock in Book 34, page 157.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 2nd
day of September, 1997.
0 N LAND, Assistant City Manager/
City Secretary
OFFICIAL RECORDS
WILLIAMSON COUNTY TEXAS
ORDINANCE NO. Z- q5- % a -1 y- 1 a,A
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 SMD OFFICIAL ZONING MAP, TO WIT: TO REZONE LOT
2, AMENDED PLAT OF BLOCK C, LOT 27, ROUND ROCK WEST
SECTION 5 (2.59 ACRES OF LAND) IN ROUND ROCK,
WILLIAMSON COUNTY, TEXAS FROM SF -2 (SINGLE FAMILY -
STANDARD) TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT
NO. 25.
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", attached hereto and
incorporated herein, as District Planned Unit Development (PUD) No.
25, 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 25th day of
November, 1995, 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 District PUD No. 25, and
C:\WPDOCS\ORDZNANC\01251214A.WPD/cdc
WHEREAS, on the 14th day of December, 1995, 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, 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. 25 meets the following goals and objectives:
(1) The development in PUD No. 25 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 25 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 25 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. 25 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. 25 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
2.
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 (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 District Planned Unit
Development (PUD) No. 25, and that the Mayor is hereby authorized
and directed to enter into the Agreement and Development Plan for
PUD No. 25 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.
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 / 1 - day
of , 1995.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1995.
3.
READ, APPROVED and ADOPTED on second reading this the
day of , 1995.
ATTEST:
E LAND, City Secretary
4.
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
EXHIBIT A
Legal Description
Lot 2, Amended Plat of Block C, Lot 27, Round Rock West Section 5
(2.59 acres of land)
EXHIBIT B
STATE OF TEXAS
COUNTY OF WILLIAMSON
That the ELCA Loan Fund N/K/A the Mission Invesl><uent Fund of the Evangelical Lutheran
Church in America Organized and existing under the laws of the State of Minnesota acting
herein by and through its vice president Being the holder of a lien by way of Deed of Trust
Recorded in Volume 2388, Page 333, of the Official Records of Williamson County, Texas
does hereby consent to the Agreement and Development Plan of 2.59 Acres of land situated in
the City of Round Rock, Williamson County, Texas, and does further hereby join, approve,
and consent to all provisions shown herein.
(Name of Lienholder)
By: EL A Loan Fund
Harvey 01
, its vice president
THE STA I b OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me on the 27th day of August 1997, by Harvey
Olson, vice president of the Mission Investment Fund of the Evangelical Lutheran Church in
America, on behalf of said organization.
�9.
rte
Notarj/ Public, State offlinois
Printed Name: fan c e 1 _ Co i
My commission expires: 9-, -7
OFFICIAL SEAL
JANICE I LOZA
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 09/01/97
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR PUD NO. 25
THIS AGREEMENT AND DEVELOPMENT PLAN 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 Dasht
Enterprises, Inc., its respective successors and assigns, having
its offices at 4210 Spicewood Springs Road, Suite 209, Austin,
Texas 78759 (hereinafter referred to as the "Owner").
WHEREAS, the Owner has submitted a request to the City to
rezone 2.59 acres of land as a Planned Unit Development ("PUD"),
said acreage being more particularly described by metes and bounds
in Exhibit "A" attached hereto and made a part hereof (hereinafter
referred to as the "Property"), and
WHEREAS, on November 29, 1995, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
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 TO 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
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.11 below are followed.
3. ZONING VIOLATION
That the 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 as stated in Section
Cr\WPDOCS\SSPUDS\DASAT.WPD/cdc
1.
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B".
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. This does not prohibit the owner
from selling all or part of the property.
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 any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
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 hereof.
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 arising hereunder shall be in Williamson County.
2.
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, any rights, benefits, or remedies
under or by reason of this Agreement.
5.8 Duplicate Originals.
This Agreement may be executed in duplicate originals
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
Dasht Enterprises, Inc.
4210 Spicewood Springs Rd.
Suite 209
Austin, Texas 78759
5 10 Effective Date.
ROUND ROCK
City of Round Rock, Texas
221 East Main Street
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.
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), City of Round Rock, Texas, hereinafter referred to
as "the Code".
2. PROPERTY
This Development Plan
located within the city
particularly described
attached hereto.
3. PURPOSE
("Plan") covers 2.59
limits of Round Rock,
by metes and bounds
acres of land,
Texas, and more
in Exhibit "A",
The purpose of this Plan is to insure a Planned Unit
Development ("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, 3) does
3.
not have an undue adverse affect 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 to not 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.
4. APPLICABILITY OF CITY ORDINANCES
4.1 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 in the Code.
4.2 Other Ordinances
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
5. PERMITTED USES
The Property shall be used and developed for
purposes;
Offices, which operate during normal business
not include retail, manufacturing or assembly as
operations;
the following
hours, and do
part of their
Nursing Homes, licensed by the State of Texas;
Senior Citizen's Homes;
Personal or Assisted Care Facilities, licensed by the State
Texas;
Churches;
Libraries;
and Day Care Centers, licensed by the State of Texas.
6. LOT SIZES
of
The minimum lot sizes shall be regulated by the SF -1 (Single
Family Large Lot) zoning district.
7. BUILDINGS SETBACKS
The minimum front and rear setback requirements shall be 25
feet from the property line, and the minimum side setback
requirements shall be 10 feet from the property line.
4.
7.1 Front and Rear Setbacks
The minimum front and rear setback requirements shall be
25 feet from the property line, and the minimum side
setback requirements shall be 10 feet from the property
lines.
7.2 Height Requirements
No building shall exceed thirty (30) feet in height.
7.3 Lighting
Lighting of the site shall be designed so that it does
not shine on adjacent residential lots.
7.4 Trash Collection
Trash collection and pick up areas shall be located and
screened so that it does not adversely affect adjacent
lots.
7.5 Site Drainage
Site drainage shall ensure that runoff does not flow onto
adjacent single family lots.
8. BUILDING HEIGHT
The maximum height for all buildings shall be two (2) stories,
except any building within a one hundred (100) foot wide strip
along the southerly boundary of the Property where it abuts a
single family residential lots shall be limited to one story
in height.
9. SPECIAL DESIGN STANDARDS
9.1 Roofs
All buildings shall have pitched roofs, be designed to
harmonize with a residential neighborhood and, before
construction, be approved in writing by the Director of
Planning.
9.2 Outdoor Storage
No outdoor storage units of any kind will be permitted.
9.3 Exterior Finish
Exterior Finish shall be 75% masonry.
9.4 Signs
All freestanding signs shall be restricted to monument
signs constructed of low maintenance materials.
5.
Prohibited signs include bench signs, billboards, signs
with flashing or blinking lights or mechanical movement,
dayglo colors, signs that make or create noise, animated
or moving signs, exposed neon illumination, painted wall
signs, pennants, trailer signs, signs with beacons and
any sign that obstructs the view in any direction of an
intersection. Appropriate materials shall be masonry with
a maximum height of six feet.
10. UTILITIES
All utilities, other than existing perimeter lines and three
phase or larger lines, shall be placed underground.
11. PARKING AND LOADING
All parking and loading requirements shall be as provided as
set forth for each respective use in the Zoning Ordinance of
this Code.
12 SITE PLAN APPROVAL REQUIRED
The Development Review Board shall be required to ensure that
design standards set forth in this Development plan are met,
prior to the issuance of a building permit.
13 CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
13.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and the Director of Public Works.
13.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
13.3 Changes in Writing
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
14 BINDING EFFECT
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
6.
CITY OF ROUND ROCK
By:
Charles Culp
j p r, Mayor
Date. Ja-/'/"7--l5
DASHT ENTERPRISES, INC.
By:
Printed Name: ,'411(E f-IAJrI? /
Its: p1S
•
1HE STATE OF TEXAS
COUNTY OF WILLIAMSON
This is to certify that this document wes FILED end
RECORDED in the Official Public Records of
County. Texas on the date end time
stamped thereon. • •
COUNT( CLERK
WILLIAMSON COU
Docii 9740338
# Pages: 15
Date : 09-03-1997
Time 043830 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 37.00
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664