Z-96-05-23-13F - 5/23/1996THE STATE OF TEXAS
*
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK
*
DOC# 9632543
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 on the 23rd day of May , 19 96 which is
recorded in the minutes of the City of Round Rock in Book 35 .
CERTIFIED by my hand and seal of the City of Round Rock, Texas on
this 18th day of June , 19 96 .
J ANNE LAND, Assistant City Manager/
City Secretary
OFFICIAL RECORDS
WILL IAMSON COUNTY, TEXA
ORDINANCE NO. Z - _ 3 _ 13F
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 RE -ZONE
0.1899 ACRES OF LAND, KNOWN AS LOT 34, BLOCK B,
CREEKMONT WEST SUBDIVISION, ROUND ROCK, TEXAS,
CURRENTLY ZONED SINGLE FAMILY -STANDARD LOT (SF -2), TO
PLANNED UNIT DEVELOPMENT (PUD) DISTRICT NO. 27.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
re -zone the property described in Exhibit "A", attached hereto and
incorporated herein, as Planned Unit Development (PUD) No. 27, said
Exhibit "A" 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 22nd day of May,
1996, following lawful publication of the notice of said public
hearilsy, , 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. 27, and
WHEREAS, on the 23rd day of May, 1996, after proper
notification, the City Council held a public hearing on the
requested amendment, and
U:\TEXT\SEPUCS\PUD27.ORD/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. 27 meets the following goals and objectives:
(1) The development in PUD No. 27 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 27 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3)/ P.U.D. No. 27 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. 27 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. 27 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. 27, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 27
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 Q( 3 day
of
, 1996.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1996.
READ, APPROVED and ADOPTED on second reading this the
day of , 1996.
3.
ATTEST:
E LAND, City Secretary
` t/
HARLES CU _ F PR, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
EXHIBIT "B"
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR PUD NO. 27
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 KEVIN
A. CURRIE, his respective successors and assigns, having its
offices at 1002 Oakridge Drive, Round Rock, Texas 78681
(hereinafter referred to as the "Owner").
WHEREAS, the Owner has submitted a request to the City to zone
0.1899 acres of land as a Planned Unit Development ("PUD"), said
acreage being more particularly described by metes and bounds in
Exhibit "B-1" attached hereto and made a part hereof (hereinafter
referred to as the "Property"), and
WHEREAS, on May 22nd, 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:
1
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.6, below, are followed.
U:\TEXT\SEPUDS\PUD27.PLN/cdc
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
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-2".
5. MISCELLANEOUS PROVISIONS
5.1 Assignment.
Neither party may assign its rights and obligations
pertaining to Living Unit Equivalents, water usage and
land use under this Agreement without having first
obtained the prior written consent of the other which
consent shall not be unreasonably withheld. This section
does not prevent the Owner from conveying the property,
or any portion thereof, together with all development
rights and obligations contained in this Agreement and
Development Plan.
5.2 Necessary Documents and Actions.
t
5.3 Severability.
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.
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.
2.
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.
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 ROUND ROCK
Kevin A. Currie City of Round Rock, Texas
1002 Oakridge 221 East Main Street
Round Rock, Texas 78681 Round Rock, Texas 78664
Attn: Director of Planning
5.10 Effective Date.
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 (1990
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code".
3.
2. PROPERTY
This Development Plan ("Plan") covers 0.1899 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "B-1" ,
attached hereto and incorporated herein, hereinafter referred
to as the "Property".
3. PURPOSE
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
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
i All other Ordinances within the Code shall apply to the
t Property, except where clearly modified by this Plan.
5. PERMITTED USES
The Property listed below shall be used and developed as
follows and shall conform to all requirements as set forth in
this Agreement and Plan and, if not set forth herein, by
applicable sections in the Code:
5.1 Single Family -Standard Lot
The Property shall be used and developed only in
accordance with SF -2 (Single family -Standard Lot)
District regulations with the following exceptions.
5.1.1 A one (1') foot building setback is authorized
along the southern boundary line of the property
described in Exhibit "B-1" from the front setback line to
the rear setback line, as depicted on Exhibit "B-3",
attached hereto and incorporated herein.
4.
5.1.2 Developer shall not construct a masonry wall
along the southern boundary line of the Property.
6. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
6.1 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.
6.2 Major Changes
Major changes shall be resubmitted following the
same procedure required in the original PUD
application.
6.3 Changes in Writing
Neither this Agreement cr 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.
7. GENERAL PLAN AMENDED
The Round Rock General Plan 1990 is hereby amended to reflect
the provisions of this agreement.
8. BINDING EFFECT
ThiI Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
CITY O: ROUND ROCK
By:
C arles Culp pier, Mayor
OWNE
KEVIN A. CURRIE
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Exhibit " B"
Lot 34, Block B, Creekmont 'West
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Side Building Setback �C
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Rear Building Setback
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EXHIBIT "B-1"
Being 0.1899 acres of land and also being all of Lot 34, Block B, Creekmont
West, a Subdivision of record in Cabinet F, Slides 237-238 of the Plat Records
of Williamson County, Texas.
Exhibit "B-2"
Lot 34, Block B, Creekrnont West
Side Building Setback
(5 ft)
/I/
Rear Building Setback
(5 ft)
Front Building Setback
(25 ft)
///
PARK Side Building Setback
(1 ft)
„
06/2i/96
0:28 0512 214 7097 CITY ROUND ROCK
EXHIBIT B-3
may 11, 1996
Re: Lot 34, Block D, Creekmont West Subdivision
(1002 Oakridge DrIve)
To Whom It May Concern:
The purpose of this letter is to express consent to City of Round Rock Planned
Unit Development N. 27 by , the
Lien Holder of the captioned property.
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
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Doc# 9632543
# Pages: 15
Date : 06-25-1996
Time : 114758 A.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
ELAINE BIZZELL
COUNTY CLERK
Rec. $ 37.00
01 '1'0'W SMUO1MOW 1337A: W0441A