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Z-00-09-14-9B2 - 9/14/2000000 83178 36 Pg s 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 I am the custodian of the public records maintained by the City and that the attached is a true and correct copy of Ordinance No. Z -00-09- 14-9B2 which was approved and adopted by the Round Rock City Council of the City of Round Rock, Texas, at a meeting held on the 14th day of September 2000, as recorded in the minutes of the City of Round Rock in Book 44. CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 4th day of December 2000. NNE LAND, Assistant City Manager/ City Secretary ORDINANCE NO. �" O(? ' CJ / ' /1-/ " q8a-d AN ORDINANCE AMENDING THE OF1-1CIAL 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 ZONE 57.641 ACRES OF LAND OUT OF THE P. A. HOLDER SURVEY, ABSTRACT 297, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED UNIT DEVELOPMENT (PUD) NO. 4 4 . 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" as Planned Unit Development (PUD) No. 44, 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 16th day of August, 2000, 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 PUD No.44, and K:\WPDOCS\ORDINANC\000914B2.WPD/ado WHEREAS, on the 14th day of September, 2000, 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. 44 meets the following goals and objectives: (1) The development in PUD No. 44 is equal to or superior to development that would occur under the standard ordinance requirements. (2) P.U.D. No. 44 is in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) P.U.D. No. 44 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. 2. (4) P.U.D. No. 44 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. 44 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. H. 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. 44, and that the Mayor is hereby authorized and directed to enter into the Agreement and Development Plan for PUD No. 44 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. 3. 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 , 2000. day Alternative 2. READ and APPROVED on first reading this the day of , 2000. READ, APPROVED and ADOPTED on second reading this the day of , 2000. ATTEST: E LAND, City Secretary ROBERT A. STLUKA, JR Mayor City of Round Rock, Texas 4. EXHIBIT "A" AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 "' 2105 JUSTIN LANE 8103 (512) 4546605 FIELD NOTES FOR 7.914 ACRES Attachment to Plat 974MFP2 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly descnbed by metes and bounds as follows: BEGINNING at an iron pin set on the south line of the above mentioned 168.9883 acre tract for the Southwest corner of this tract from which iron pin an iron pin set on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest comer of the above mentioned 168.9883 acre tract and the Northwest comer of a 5.33 acre tract of land conveyed to the Swedish Lutheran Church Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records bears N 89°43'55" W 632.30 feet, N 06°05'33" W 217.80 feet, and N 89°58'34" W 1098.63 feet THENCE N 24°39'10" W 86.11 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 700.00 feet and a central angle of 20°16'24". THENCE with the arc of the said curve 247.69 feet the long chord of which bears N 14°30'58" W 246.40 feet to an iron pin set for the PT of the said curve. THENCE N 04°22'46" W 74.82 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 20.00 feet and a central angle of 90°00'00". THENCE with the arc of the said curve 31.42 feet the long chord of which bears 1V 40°37'14" E 28.28 feet to an iron pin set for the PT of the said curve. THENCE N 85°37'14" E 101.23 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 295.00 feet and a central angle of 06°48'37". THENCE with the arc of the said curve 35.06 feet the long chord of which bears N 89°01'33" E 35.04 feet to an iron pin set for the PT of the said curve. THENCE S 87°34'08" E 399.65 feet to an iron pin set in the PC of a curve to the right said curve having a radius of 420.00 feet and a central angle of 60°27'25". THENCE with the arc of the said curve 443.17 feet the long chord of which bears S 57°20'26" E 422.90 feet to an iron pin set for the PT of the said curve. THENCE S 27°06'43" E 202.46 feet to an iron pin set on the South line of the said 168.9883 acre tract for the Southeast comer of this tract. THENCE N 89°43' 55" W 898.60 feet to the POINT OF BEGINNING, containing 7.914 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my supervision during March and June of 2000 and are correct to the best of my knowledge and belief.. These field notes were prepared for the rezoning of this tract by the City of Round Rock. Any use of this description by these or any other persons for any other use or purpose is expressly prohibited. Claude F. ' 1: 4 e, Jr. R.P.L.S. No. 4629 o? 47 Date 974.DOC AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78118 2105 JUSTIN LANE #103 (512) 4544605 FIELD NOTES FOR 17.613 ACRES Attachment to Sketch 974MFP1 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an "X" cut in a brick column found on the Northwest line of U.S. Highway #79, for the Southeast corner of the above mentioned 168.9883.acre tract and the Southeast comer of this tract from which iron pin a 3/4 " iron pin found bears N 64°35'12" E 11.07 feet.. THENCE S 68°37'16' W with the South line of the said 168.9883 acre tract 112.90 feet to an iron pin set at a fence post found in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 89°43'55" W with the South line of the said 168.9883 acre tract 267.92 feet to an iron pin set for the Southwest comer of this tract. THENCE N°27 06"43" W 243.90 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 500.00 feet and a central angle of 60°27'25". THENCE with the arc of the said curve 527.59 feet the long chord of which bears N 57°20'25" W 503.45 feet to an iron pin set for the PT of the said curve THENCE N 87°34'08" W 320.54 feet to an iron pin set for an angle point of this tract. THENCE N 02°25'52" E 7.79 feet to an iron pin set for an angle point of this tract. THENCE N 80°43'20" E 78.14 feet to an iron pin set for an angle point of this tract THENCE N 64°39'27" E 62.63 feet to an iron pin set for an angle point of this tract. THENCE N 47°33'58" E 194.89 feet to an iron pin set for an angle point of this tract. THENCE N 34°17'21" E 61.35 feet to an iron pin set for an angle point of this tract. THENCE N 09°42'23" E 61.35 feet to an iron pin set for an angle point of this tract. 17.613 acres PAGE 2 OF 2 THENCE N 12°11'23" W 189.93 feet to an iron pin set for an angle point of this tract. THENCE N 00°58'01" E 47.57 feet to an iron pin set in an angle point of the • Northeast line of the above mentioned 168.9883 acre tract for an angle point of this tract. THENCE S 89°42'33" E with the Northeast line of the said 168.9883 acre tract 205.82 feet to an iron pin set in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE N 8926'45" E with the Northeast line of the said 168.9883 acre tract at 415.1 fed pass a 60d nail found at a fence post and continue for a total of 484.18 feet to an iron pin set in an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 78°56'29" E with the Northeast line of the said 168.9883 acre tract 164.98 feet to an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 27°06'55" E 202.76 feet to a 60d nail found at a fence post for an angle point of the said 168.9883 acre tract for an angle point of this tract. THENCE S 00°02'14" E 777.04 fed to the POINT OF BEGINNING, containing 17.613 acres of land, more or Less. I, Claude F. Hmkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my - supervision during March and June of 2000 and are correct to the best of my knowledge and belief. These field notes were prepared for the rezoning of this tract by the City of Round Rock. Any use of this description by these or any other persons for any other use or purpose is expressly prohibited. Claud F. Hinkle, Jr. R.P.L.S. No. 4629 Qlate •• 974.DOC AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 N: 2105 JUSTIN LANE #103 (512)454.6605 FIELD NOTES FOR 32.114ACRES Attachment to Plat 974MFP2 All that certain tract or parcel of land situated in the P.A. Holder Survey, A-297, in Williamson County, Texas, being a part of a 168.9883 acre tract of land conveyed to B.J. Williams by deed recorded as Document No. 199944310 and Document No. 199944311 of the Official Records of Williamson County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin set on the East line of a 10.893 acre tract of land conveyed to Palm Valley Lutheran Church by deed recorded in Volume 1049, Page 205 of the Deed Records of Williamson County, Texas, in the Southwest corner of the above mentioned 168.9883 acre tract and the Northwest comer of a 5.33 acre tract of land conveyed to the Swedish Lutheran Church Assoc. by deed recorded in Volume 277, Page 473 of the above mentioned Deed Records for the Southwest comer of this tract. THENCE N 14°16'31" E with the East line of the above mentioned 10.893 acre tract at 558.42 feet pass an iron pin found at a fence comer post for an angle point of the said 10.893 acre tract and continue for a total of 563.35 feet to an iron pin set for angle point of the said 168.9833 acre tract and an angle point of this tract. THENCE N 14°31'35" W with the West line of the said 168.9833 acre tract 251.50 feet to an iron pin set for the West comer of this tract. THENCE S 83°06'32" E 91.58 feet to an iron pin set for an angle point of this tract. THENCE N 76°35'14" E 91.63 feet to an iron pin set for an angle point of this tract. THENCE N 66°40'44" E 61.74 feet to an iron pin set for an angle point of this --tract. — THENCE N 45°47'37" E 83.64 feet to an iron pin set for an angle point of this tract. THENCE N 34°56'44" E 60.70 feet to an iron pin set for an angle point of this tract. THENCE N tract. THENCE N tract. THENCE N tract THENCE N tract. THENCE S tract. THENCE S tract THENCE S tract. THENCE S tract. 42°53'54" E 60.70 feet to an iron pin set for.an angle point of this 41°01'33" E 163.30 feet to an iron pin set for an angle point of this 34°31'43" E 163.30 feet to an iron pin set for an angle point of this 64°19'22" E 173.60 feet to an iron pin set for an angle point of this 38°44'30" E 173.60 feet to an iron pin set for an angle point of this 11°35'54" E 282.58 feet to an iron pin set for an angle point of this 36°15'30" E 256.01 feet to an iron pin set for an angle point of this 58°41'34" E 178.95 feet to an iron pin set for an angle point of this 32.114 ACRES _ PAGE 2 OF 2.., THENCE N 82°09'52" E 161.60 feet to an iron pin set for an angle point of this tract THENCE S 04°22'46" E 330.25 feet to an iron pin set for an angle point of this tract. THENCE S 49°22'46" E 21.21 feet to an iron pin set for -an -angle point of this -- tract. THENCE S 04°22'46" E 115.00 feet to an iron pin set for an angle point of this tract THENCE N 85°37'14" E 120.00 feet to an iron pin set for an angle point of this tract THENCE S 04°22'46" E 74.82 feet to an iron pin set in the PC of a curve to the left said curve having a radius of 700.00 feet and a central angle of 20°16'24". THENCE with the arc of the said curve 247.69 feet the long chord of which bears S 14°30'58" E 246.40 feet to an iron pin set for the PT of the said curve. THENCE S 24°39'10" E 86.11 feet to an iron pin set on the South line of the said 168.9883 acre tract for the Southeast comer of this tract. THENCE N 89°43' 55" W 632.30 feet to an iron pin found in an angle point of the South line of the said 168.9883 acre tract for an angle point of this tract. THENCE N 06°05'33' E 217.80 feet to an iron pin set in an angle point of the said 168.9833 acre tract for an angle point of this tract. THENCE N 89°58'34" W 1098.63 feet to the POINT OF BEGINNING, containing 32.114 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were prepared from public records, supplemental surveys, and calculations made under my supervision during March and June of 2000 and are correct to the best of my knowledge and belief.. These field notes were prepared for the rezoning of this tract by the City of Round Rock. Any use of this description by these or any other persons for any other use or purpose is exprgssly prohibited. - Claude F. Hiinkle, Jr. R.P.L.S. No. 4629 ny,4i?X Date- 974.DOC EXHIBIT "B" Lienholder's Consent There are no Lienholders of Record. 1357PUDl AGREEMENT AND DEVELOPMENT PLAN FOR THE LEGENDS VILLAGE, PUD NO. 44. THE STATE OF TEXAS COUNTY OF WILLIAMSON 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 B. J. Williams. (Hereinafter referred to as the "Owner"). WHEREAS, the Owner has submitted a request to the City to rezone approximately 57.641 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, 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 setting forth, the development conditions and requirements within the PUD, which Development Plan is contained in Section II of this Agreement; and WHEREAS, on August 16, 2000, the City's Planning and Zoning Commission recommended approval of the Owner's application for a 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 WITH 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 No changes or modifications will be made to this Agreement or the Development Plan unless all provisions pertaining to changes or modifications as stated in Section II.16 below are followed. 3. ZONING VIOLATION 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 There are no lien holders. 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 section shall not prevent the Owner from selling the Property or portions of the Property, together with all development rights and obligations contained in this Agreement and Development Plan. 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 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 provisions hereof and in such event, this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 2 5.4 Entire Agreement. This Agreement constitutes the entire agreement ofthe 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. 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 (and their respective successors and assigns), any rights, benefits or remedies under or by reason of this Agreement. 5.8 Duplicate Originals. This Agreement may be executed in duplicate original, 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 CITY OF ROUND ROCK B. J. Williams City of Round Rock, Texas P. O. Box 429 221 East Main Street Round Rock, Texas 78680 Round Rock, Texas 78664 5.10 Effective Date. Attn.: Director of Planning 3 This Agreement shall be effective from and after the date of due execution hereof by all parties. 5.11 Appeal of Administrative Decisions. Administrative decisions provided for in this Agreement may be appealed to the City Council in writing within 90 days following receipt by the Owner of the written confirmation of the decision. 5.12 Binding Effect. This Agreement and the Development Plan binds and benefits the Owner and its successors and assigns. 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 ("Plan") covers approximately 57.641 acres of land, located within the city limits of Round Rock, Texas, and more particularly described by metes and bounds in Exhibit "A", attached hereto. 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, as amended, 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 or massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. 4 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 of the Code. 4.2 Other Ordinances and Policies All other Ordinances and policies including the Palm Valley Area Plan shall apply to the Property, except as clearly modified by this Plan. 5. PERMITTED USES The Property shall be used and developed for the uses shown in Exhibits "C" and "D", attached hereto and incorporated herein. 6. DEVELOPMENT STANDARDS The Property shall be developed in accordance with the Development Standards set forth in Exhibit D, attached hereto and incorporated herein. 7. BUILDINGS Building size, dimension, height and setbacks for all parcels shall be as modified in Exhibit "D", attached hereto, as applicable to each parcel and its designated use. 8. LANDSCAPING and BUFFERING Landscaping and buffering shall be as modified in Exhibit "D", attached hereto, as applicable to each parcel and its designated use. 9. UNDERGROUND UTILITY SERVICE Except where approved in writing by the Director of Public Works, all electrical, telephone and cablevision distribution and service lines, other than overhead lines, which are, three phase or larger, shall be placed underground. 10. STREET SYSTEM, RIGHT OF WAY ACQUISITION: 10.1 Arterial A The Owner shall provide a 120 foot wide right of way south of the intersection of proposed Arterial A with the "Joe DiMaggio Boulevard", to 5 accommodate the future construction of Arterial A across the property as generally shown on Exhibit C. The rights of way shall be dedicated with the first plat of the Property. 10.2 Collector Streets The Owner has provided an 80 -foot right of way for Joe DiMaggio Boulevard as approved by the City and as generally shown on Exhibit C. This shall be provided with the first plat of the Property. 10.3 U. S. Highway 79 The Owner shall dedicate 85 feet of additional right of way, to accommodate the expansion of US Highway 79. This shall be provided with the first plat of the Property. 10.4 City right of way acquisition The City shall be responsible for the acquisition of any right of way necessary for the extension of Joe DiMaggio Blvd., located between the Property and the north boundary of U. S. Highway 79. 11. ARTERIAL & COLLECTOR STREET CONSTRUCTION 11.1 Arterial A The Owner shall construct a 24 foot cross section street, designed to be one half of a dual 24 foot (with future median) cross section street to a point approximately 600 feet north of Joe DiMaggio Blvd. This construction shall include a 32 foot wide bridge across Chandler Creek This road and bridge shall be constructed simultaneously with the construction of improvements for the first section of the Commercial/Multi-Family subdivision south of Chandler Creek. The City of Round Rock intends for Arterial A to be located in an underpass beneath U. S. Highway 79 and the railroad. Therefore, the City shall be solely responsible for the construction of that portion of Arterial A, south of its intersection with Joe DiMaggio Boulevard, shown on Exhibit C. 11.2 Major Collector Streets The Owner shall construct Joe Dimaggio Boulevard, generally shown on Exhibit C, as a four (4) lane Commercial Collector Street when any portion of the Property is platted . 6 12. DRIVEWAY ACCESS TO U. S. HIGHWAY 79 One driveway access point to the Property shall be permitted to U. S. Highway 79. 13. WATER & WASTEWATER EASEMENTS 13.1 Wastewater easement for Chandler Creek interceptor The Owner has dedicated a wastewater easement to accommodate the construction of the Chandler Creek Interceptor through the Property. 13.2 Reuse water for Commercial Irrigation. Commercial development within Parcel A, as shown on Exhibit "C", shall provide for "Reuse" water lines to provide irrigation to landscaped areas of Parcel A. The Owner shall construct the "Reuse" water lines as part of the subdivision improvements at the time of platting, provided the "Reuse' water lines have been extended to the boundary of the Property at the time the subdivision improvements are installed. 14. PARKLAND DEDICATIONS All of the flood plain area lying south of the center line of Chandler Creek and east of Arterial "A" abutting the 17.613 acre lot identified on Exhibit "C" shall be dedicated as public parkland as part of the platting of the above-described 17.622 acre tract. Additionally, a fifty (50') foot wide strip of land lying along the north of the center line of Chandler Creek, lying east of Arterial A and extending to the eastern boundary of the Property, shall be dedicated as public parkland. 15. PHASING The development of the Property may be phased at the developer's option. Phasing shall be identified on the Preliminary Plat. 16. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN 16.1 Minor Changes Minor changes to this Agreement or Plan which do not substantially change this Plan may be approved administratively, if approved in writing, by the Director of Public Works, the Director of Planning and Community Development, and the City Attorney. 7 16.2 Major Changes Major changes shall be resubmitted following the same procedure required by the original PUD application. 17. CONCEPT PLAN APPROVED Approval of this agreement constitutes Concept Plan Approval under the City Subdivision Ordinance. 18. GENERAL PLAN 2000 This agreement is in compliance with the Round Rock General Plan 2000, which was adopted on June 10, 1999. 19. PALM VALLEY AREA PLAN This agreement shall be in compliance with the Palm Valley Area Plan dated August 2000 and contains requirements that assist in the implementation of that Plan. Robert Stluka, Jr., Mayor Date: q -114—O0 8 Date: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF 1C{j y/S This instrument was acknowledged before me on this the aq_day of (204- , 2000, by B. J. WILLIAMS. 4.24e •SHARON W ANDREWARTHA NOTARY PUBLIC State of Texas s, i. f Comm. Exp. 09-13-2004 STATE OF TEXAS COUNTY OF WILLIAM -50A) otary Public, State of Texas ACKNOWLEDGMENT This iment was acknowledged before me on this the J47tti day of instr 61'11iR. , 2000, by ROBERT A. STLUKA, on behalf of the City of Round Rock. CHRISTINE R. MARTINEZ MY COMMISSION EXPIRES August 5, 2001 • Notary Public, State of Texas 9 0 N d [aQ z 0 A 17.613 ACRES 9Z1� 9Z:'1 M. Si,. I.0.00 S S 04'22'4CE 330.25' G'a z 0 32.114 ACRES ,t'Z'LLL LJ 00 csr M 0,0 co co d z 0 EXHIBIT "C" N 0 0 1 U 0 0' z° 1- e 0l rn U O 8 x3 S 7.914 ACRES 0 U i) MULTI -FAMILY 3 N 89'58'34"W1098.63' Z N 89'43'55"W499.98' M 0)Ntnr)MM(00 NO W cD 00MM6?(n O0p 0)0)4 ZU :.4YNI00 O� cDtOtO10*000dNco.-NN W . be- 00 N'- M SO -0)4 U W040001 -Nd ON. -N WOON N W r •- •-- N M COURSE BEARING WWW�)WWWW WW N(0(0*(0t0sd MON0 0.4 d.--d.^.-d OMAN C1).C4 Q)1(�(()4-) 0NNMNMMOMNd NQ7;Yin`'`d' U)I�j C•1 ZV)V)ZU)V)ZU)ZZZ N M dU)(ON000)0.-N Z - Mdd000000t) O(ON(ONNMM0(00, N. --.-M OOMM MM00 Q,O)(O0t00(0(ONNN 0 COURSE BEARING WWWWWwwww wW IN '3' h*d 'w)Np d (0. -dM* (M* NMM iO4-)O*001004-)o)d.- Fe) Zs. (010 V4N0- 7'4.010 OOb(0 d M d d Mt0MV) V)ZZZZZZZZV)V) ow) )dF)toor. coalo r)-- C:\ACLT 97\ACAD\974mfp.dwg I357EXD EXHIBIT "D" DEVELOPMENT STANDARDS DEVELOPMENT AREA "A" COMMERCIAL The Following Development Standards shall apply to all development on portions of the Property, which are generally identified as Development Area "A" on Exhibit "C". 1. PERMITTED USES: The following principal uses are permitted: All C-1 General Commercial uses identified in the City of Round Rock Zoning Ordinance except prohibited uses listed in this agreement. 2. PROHIBITED USES: The following uses are prohibited on the property: mini -warehouses, sexually oriented businesses, portable buildings sales except as incidental to other retail sales, amusement parks or carnivals, wholesale nurseries, recreational vehicle parks, outdoor shooting ranges, pawn shops, heavy equipment sales, kennels (but not prohibiting pet shops and veterinary clinics with overnight facilities), vehicle sales, auto body and paint shops and truck stops. 3. PALM VALLEY URBAN ACTIVITY CENTER The Palm Valley Area Plan designates the property as an "Urban Activity Center". The following development guidelines shall apply to development of commercial uses. These guidelines are intended to encourage a sense of place and an increased level of pedestrian orientation for commercial uses. • Outdoor cafes, outdoor dining and other outdoor commercial and civic activities are encouraged. • Consistently designed landscape treatments should be included as part of site plans for the property. • Site plans should be designed to utilize the interface with parkland adjoining the property. 1 • Site plans should be designed to provide pedestrian access between the property and the adjoining public park. • Building setbacks should include a percentage of " build to lines" identified in Section 5.3 of this Exhibit. • Building fronts should utilize porches, awnings, arcades, colonnades, entries and windows to encourage a relationship to the street or parkland. • Traditional building designs and building materials should be encouraged. • Provide street trees as a unifying design element and as shaded pedestrian walkways, as identified in Section 7 of this Exhibit. • Prohibit certain building materials as identified in Section 4 of this Exhibit. • Establish a consistent form and design for signage. 4. PROHIBITED BUILDING MATERIALS: The following materials are prohibited on the exterior walls of all buildings and structures (this section does not apply to roofs): Sheet and corrugated metal, and unfmished Aluminum Asbestos Galvanized Steel Mirrored Glass (reflectivity of 20% or more) 5. DESIGN STANDARDS: 5.1 Height The maximum height of buildings on the Property shall be three stories. 5.2 Building Setbacks 5.2.1 Minimum Building Setbacks from Joe DiMaggio Boulevard shall be twenty feet (20'). 5.2.2 Minimum Building Setbacks from Arterial "A" shall be thirty feet (30') 5.3 Build To Lines 5.3.1 Building setbacks on the 17.613 acre tract fronting Joe DiMaggio. Boulevard shall include a minimum of 60% Build to Line (BTL)as described in the Palm Valley Area Plan, for the purpose of creating a more urban streetscape. Building setbacks on the 7.914 acre tract fronting Joe DiMaggio. Boulevard shall include a minimum of 30% Build to Line. The Build to Line shall be established at a point 20 ft from the property lines along Joe DiMaggio Boulevard. 2 With the approval of the Director of Planning, this distance may be increased to allow for pedestrian passages or protected spaces that create wider sidewalk areas for cafes, patios or other types of outdoor pedestrian activities as well as driveways and access to parking. Buildings along curved portions of Joe DiMaggio Boulevard are required to have one or more points tangent to the BTL (eliminates the unintended requirement for curved walls which is not the intent of the standards). The BTL may be averaged when there are two or more contiguous lots. 5.3.2 There is no Build To Line along Palm Valley Boulevard or Arterial "N'. 5.4 Exterior Finish 5.4.1. The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or such other suitable material as may be approved by the Director of Planning and Community Development. The amount of stucco or terra cotta shall not exceed50% of the exterior finish of a building. 5.4.2. Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Planning & Design Study attached hereto as Exhibit "E". 6. SERVICE & LOADING AREAS 6.1 Screening Required No dock high loading area is permitted unless such area is visually screened from public view from public streets. However, because of the pedestrian orientation of some buildings some deliveries shall be permitted in areas visible from the street. No merchandise metal containers may be left stored in any parking area overnight. 6.2 Delivery Vehicles All delivery and utility vehicles stored on-site must be inside a closed building or within a screened portion of the site. 6.3 Service Areas 3 Service areas will be screened from adjacent tracts and all public rights- of-way. Methods of screening include walled entrances, evergreen landscaping, and depressed service areas. Screening walls must be constructed of the same materials as the main building. 6.4 Loading areas All loading and service docks must be clearly signed. Loading docks must be clearly denoted on the pavement and designed so as not to prohibit on-site vehicular circulation when occupied. Loading docks will be located directly in front of a loading door. Loading docks must be designed to accommodate backing and maneuvering on-site, not from a public street. 6.5 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights-of-way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, steel, etc.) which are compatible with the building it serves. Refuse storage areas must be designed to contain all refuse generated on-site between collections. 6.6 Street Level Mechanical Equipment All ground -mounted service equipment (e.g., air conditioners, transformers, and trash collection equipment) related to each building shall be consolidated in one or more enclosed service areas. Landscaping shall be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 6.7 Roof Mounted Mechanical Equipment All roof mounted mechanical elements must be screened from view from the public right-of-way. Screening must be compatible with the building design. 7. LANDSCAPING 7.1 Landscape Easement adjacent to public streets A ten foot (10') wide landscape easement shall be provided abutting the public rights-of-way or PUE located along all public streets. All areas located 4 within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and Landscaping requirements as described in the Code. 7.2 Street Trees Street trees shall be planted within the landscape easement described in Section 7.1, above. The street trees shall be planted prior to the issuance of a Certificate of Occupancy for the buildings on each lot. Street trees shall be planted at intervals of 25 -feet to 40 -feet apart. Street trees shall have a minimum caliper size of 3 -inches and shall be selected from one of the following species. • All species of Oak • Pecan • Elm and Cedar Elm • Other species approved in writing by the Director of Planning & Community Development. 7.3 Open Space All areas of a platted lot, for which a Certificate of Occupancy has been issued, and which do not contain buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 7.4 Rights of Way Areas within the road right-of-way must be landscaped only in accordance with a license agreement with the City. 7.5 Grass All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas from shrub 5 and groundcover areas is required. The edging material will be concrete, steel, brick, or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" is allowed around building foundations for easy maintenance. 7.6 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 7.7 Parking Areas In all vehicular use and parking areas, a minimum of 90 square feet of landscaped strips, islands, peninsulas, medians, or other landscaped areas must be designed for each nine (9) parking spaces. This landscaping shall be credited toward the street yard and general landscaping requirements. The arrangement and location of these areas shall be as described in the City's landscape ordinance. 7.8 Tree Protection Protected Trees as defined in the Code shall be identified on a Tree Survey, which shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected Trees shall be credited against Landscaping requirements as stated in the Code. 8. UTILITY LINES All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 9. PARKING LOT LIGHTING All light fixtures shall be shielded or hooded so that light is directed downward to minimize excessive glare and sky glow pollution. 10. SIGNS 10.1 All freestanding signs shall be monument signs, as defined in the Code. 10.2 Freestanding signs shall not exceed six feet in height. 10.3 One freestanding sign shall be permitted for Lots of less than three acres in size. The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square 6 feet. The portions of a masonry structure on which the sign is located are not counted as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 10.4 Additional freestanding monument signs shall be permitted for lots of three acres or larger in accordance with the regulations contained in the Code. 10.5 Directional signs solely for the purpose of directing traffic or identifying buildings shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. 10.6 An Area Identification Sign for the Property shall be permitted at the intersection of Joe DiMaggio Blvd. and US 79. This sign shall meet all sign requirements of the Code. DEVELOPMENT AREA "B" MIXED USE RESIDENTIAL The following Development Standards shall apply to all development on portions of the Property which are identified as Development Area "B"on Exhibit "C" 1e PERMITTED USES The following principal uses are permitted: Multi -family residential, including townhouses and condominiums, at a density not to exceed 20 units per acre, recreational amenities, day care, senior care, church and church related facilities, senior citizens housing, assisted care, nursing homes and schools. Townhouses shall be defined as one or more multi -family residential buildings that contain four or more attached residential dwellings with each dwelling unit having a private external entrance, private parking, private yard area and having one or more common walls but no common floors or ceilings. Building setback lines for townhomes are flexible, provided fire safety regulations are met and a minimum of 20 feet of driveway is provided between the garage door and the sidewalk. 2e HEIGHT No building on the property shall exceed three stories in height except as otherwise specified herein. 7 3. PALM VALLEY URBAN ACTIVITY CENTER The Palm Valley Area Plan designates the property as an "Urban Activity Center. The following development guidelines shall apply to development. These guidelines are intended to encourage a sense of place and provide unifying design elements. • Consistently designed landscape treatments should be included as part of site plans for the property. • Site plans should be designed to utilize the interface with parkland adjoining the property. • Site plans should be designed to provide pedestrian access between the property and the adjoining public park. • Traditional building designs and building materials should be encouraged. • Provide street trees, to provide a unifying design element and to provide shaded pedestrian walkways, as identified in Section 8 of this Exhibit. • Prohibit certain building materials as identified in Section 5 of this exhibit. • Establish a consistent form and design for signage. 4. BUILDING SETBACKS 4.1 Primary Building Setbacks 4.1.1 Minimum primary building setbacks from Arterial "A" shall be twenty-five (25') feet. Townhome setbacks are as described in Section 1, Permitted Uses, above. 4.1.2 Minimum primary building setbacks from all other property lines that do not abut a platted public street shall be twenty feet (20'). Townhome setbacks are as described in Section 1, Permitted Uses, above. 4.2 Carports and Garages 4.2.1 Carports and garages shall not be permitted within the required setback from public streets. 4.2.2 Carport and garage setbacks for all other yards shall be a minimum of fifteen -feet (15'). 5. DESIGN STANDARDS 5.1 Exterior Finish 8 The exterior finish of all buildings (walls) shall be masonry, except for doors, windows and trim. Masonry shall mean stone, simulated stone, brick, stucco, terra cotta or cement base siding such as "Hardi Plank". Cement base siding, stucco or terra cotta shall not comprise more than fifty percent (50%) of the exterior finish (breezeways and patio or balcony insets are not included in this calculation). 5.2 Roofing Materials Roofing materials shall consist of twenty-five year dimensional shingles, tile or metal. 5.3 Building Height Variation Multi -family buildings located within 100 feet of the Palm Valley Lutheran Church property line shall be either one (1) story; a combination of one (1) and two (2) story; or a combination of two (2) and three (3) story buildings. 5.4 Special Design Features Buildings shall contain one or more of the design features identified in Section 4.4 of the Palm Valley Area Plan, said Section being attached hereto as Exhibit "E". 6. PHASED DEVELOPMENT When development is phased on the property and such phasing is designed to be part of a single development, set back requirements will not apply between development phases, unless access to any such development phase is provided directly from a public street, in which case the street yard setback shall apply to the frontage on such street. 7. SERVICE AREAS 7.1 Trash Storage Refuse storage enclosures are required for all buildings. Enclosures must be of sufficient height to completely screen all refuse containers and must be provided with gates, so as to provide screening of views from adjacent lots and public rights-of-way. All enclosures must be constructed of permanent materials (concrete, masonry, wood, steel, etc.) which are compatible with 9 the building it serves. Refuse storage areas must be designed to contain all refuse generated on-site between collections. 7.2 Street Level Mechanical Equipment All ground -mounted service equipment (e.g., air conditioners, transformers, trash collection equipment) related to each building will be consolidated in an enclosed service area. Landscaping will be used to soften the visual appearance of the walls enclosing the service area. Service areas must be paved, curbed, and internally drained. 7.3 Roof Mounted Mechanical Equipment All roof mounted mechanical elements must be screened from view from the public right-of-way. Screening must be compatible with the building design. 8. LANDSCAPING 8.1 Landscape Easement 8.1.1 Easement adjacent to public streets: A fifteen -foot (15') wide landscape easement shall be provided abutting Arterial "A" or the Public Utility Easement, which is provided adjacent to all public streets. All areas located within these Landscape Easements shall be used solely for the purpose of landscaping, except for sidewalks, driveways to access public streets, monument signs, and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the street yard and general landscaping requirements. 8.1.2 Easement adjacent to church: A fifteen -foot (15') wide landscape easement shall be provided adjacent to all public parkland and the Palm Valley Lutheran Church property. All areas located within these landscape easements shall be used solely for the purpose of landscaping, except for sidewalks and utility structures and meters required to provide utilities to the Property. This landscape easement shall be credited toward the Landscaping requirements, as described in the Code. 8.1.3 Street Trees Street trees shall be planted within the landscape easement identified 10 in Section 8.1.1 of this Exhibit. Street trees shall be planted at twenty- five foot to forty -foot (40') intervals. Street trees shall have a minimum caliper size of three -inches (3") and be selected from one of the following species. • All species of Oak • Pecan • Elm and Cedar Elm • Other species approved in writing by the Director of Planning & Community Development. 8.2 Open Space All areas not containing buildings, structures, parking lots, sidewalks, fountains, site furniture or other improvements, including, but not limited to, front, side and rear building set back areas, and all areas between the curb line and the property line, must be planted, landscaped, and maintained in good condition. The landscape planting must provide for easy maintenance. Utility easements will be landscaped consistent with other landscape areas where allowed by the respective utility company. 8.3 Rights of Way Areas within the road right-of-way must be landscaped only in accordance with a license agreement with the City. 8.4 Grass All landscaped areas not in groundcover or shrub beds will be planted in grasses, preferable sod. Overseeding in fall with cool season native grasses is allowed. The use of edging material to separate all grass areas from shrub and groundcover areas is required. The edging material will be concrete, steel, brick, or stone. No plastic edging is allowed. Use of narrow paving "mowstrips" is allowed around building foundations for easy maintenance. 8.5 Irrigation An underground, automatic irrigation system must be installed in all landscaped areas. Sprinkler heads must be located to effectively water the landscaped areas with minimal spray onto roadways, parking areas and walkways. 8.6 Tree Protection Protected Tress as defined in the Code shall be identified on a Tree Survey, which 11 shall be provided as part of a Site Plan. These shall be incorporated into the development of the site, except where removal is approved in writing by the Director of Planning and Community Development. Protected Trees shall be credited against landscaping requirements. 8.7 Parking Standards The following parking requirements shall be provided with each phase of development. Parking spaces for each one -bedroom dwelling unit 2.0 spaces Parking spaces for each two-bedroom dwelling unit 2.0 spaces Parking spaces for each three-bedroom dwelling unit 3.0 spaces Additional parking in the amount equal to three percent (3%) of the combined parking required for the dwelling units shall be provided to accommodate guest parking Tandum parking shall be permitted only when it is located in front of a garage, which is attached to a dwelling unit and the tandum space is assigned solely to the dwelling unit to which the garage is attached. All parking spaces shall be nine feet (9') wide. 9. VEHICLES IN STREET YARDS No recreational vehicles, boats, trailers or commercial trucks shall be permitted to be parked in any street yard. 10. UTILITY LINES All utility service lines must be underground to connection points provided by the utility service provider. All transformers must be screened. 11. SIGNS 11.1 All freestanding signs shall be monument signs, as defined in the Code. 11.2 Freestanding signs shall not exceed six feet in height. 11.3 The maximum area of masonry monument signs, defined as the area contained within a polygon containing the actual lettering and any logo, shall be fifty square feet. The portions of a masonry structure on which the sign is 12 located are not counted as part of the fifty square feet provided they are not contained within the polygon. The maximum area of all other signs shall be regulated by the Code. 11.4 Additional freestanding monument signs shall be permitted for lots of three (3) acres or larger in accordance with the regulations contained in the Code. 11.5 Directional signs solely for the purpose of directing traffic or identifying buildings or facilities shall be permitted provided they are restricted to a size required for their function as determined by the Director of Planning. 13 EXHIBIT E 4.4 Building Design and Related Considerations The historical architectural precedent worth adopting as guidelines for future actions in Palm Valley is the building tradition which has produced some of the best quality places in this part of the world, over the last century — the Pioneer style. It is characterized by the following: • Front porches, back porches, wrap-around porches, add-on porches, cut-out porches • Stone walls of various stone coursing • Gable end roofs, some hip roofs, occasional hip -gable • Pitched roofs with multiple pitch angles • Galvanized metal roofing • Dormer windows • Pronounced stone chimneys • Breezeways between parts of buildings • Courtyards • Small add-on structures • Exterior stairs to upper levels • Exposed rafters at eaves • Rock fences • Arbors The Pioneer style should be suggested, to encourage a coherence of theme and to ensure retention of the character of Palm Valley and specific neighborhoods through time. Even very detailed guidelines and ordinances do not guarantee an expected interpretation or a desired result in terms of building design. Planning staff should have a mechanism in place to help interpret the guidelines as well as review individual projects or developers' prototypical designs for the area. The city may choose to employ a design professional or engage a third -party professional or, in the case of developers who produces detailed guidelines, allow the developers to specify their own design professional to interpret and approve the building design. FILED AMW RECORDED OFFICIAL PUBLIC RECORDS U.7%4A. 12 -18 -200th 08:00 AM 2000083179 ANDERSON $79.00 NANCY E. RISTER .COUNTY CLERK WILLIAMSON COUNTY, TEXAS RolaAL CITY OF ROUND ROCK ADMINISTRATION 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664