R-06-03-23-14C3 - 3/23/2006RESOLUTION NO. R -06-03-23-14C3
WHEREAS, the City of Round Rock, ("City") has previously entered
into an Agreement Concerning Creation and Operation of The Meadows at
Chandler Creek Municipal Utility District ("Agreement") dated May 10,
1984 whereby the City consented to the creation of the District, and
WHEREAS, the Agreement provides that the City must approve any
changes to Land Use Designations within the District, and
WHEREAS, Chandler Creek Investments, Ltd., the owner of property
within the District has submitted a proposed amended Land Use Plan to
the City for its review and approval, and
WHEREAS, the City' s Planning and Zoning Commission has
the Land Use Plan and has recommended its approval, and
WHEREAS, the City and Chandler Creek Investments, Ltd. desire to
enter into an Agreement and Development Plan for a 3.184 acre tract, in
the Meadows of Chandler Creek Municipal Utility District, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement and Development Plan for a 3.184 acre
tract, in the Meadows of Chandler Creek Municipal Utility District, a
copy of same being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
reviewed
@PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R60323C3.WPD/vr
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 23rd day of March, 2006.
N WELL,'Mayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ, City Secrary
2
AGREEMENT AND DEVELOPMENT PLAN
3.184 ACRE TRACT, MEADOWS AT CHANDLER CREEK
MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS AGREEMENT AND DEVELOPMENT PLAN (collectively, the "Agreement") 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 Chandler Creek Investments, Ltd.,
having their offices at 510 South Congress, Suite 400, Austin, Texas 78704 (hereinafter
referred to as the "Owner").
WHEREAS, The Owner has submitted a request to the City to amend a Land Use Plan
previously approved in an Agreement concerning Creation and Operation of the
Meadows at Chandler Creek Municipal Utility District, dated May 10, 1984; and
WHEREAS, on February 15, 2006, the City's Planning and Zoning Commission
recommended approval of the Owner's request to amend said Plan;
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:
ARTICLE I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
All uses and development within the Property shall conform to the Development
Plan set forth in Article 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 below
and in Article I. Section 6. are followed.
3. MISCELLANEOUS PROVISIONS
3.1 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
1.
EXHIBIT
or convenient to effectuate the purposes and intent of this Agreement.
3.2 Severability
In case one or more provisions contained in this Agreement are deemed
invalid, illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and
in such event, this Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained in this Agreement.
3.3 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.
3.4 Applicable Law
This Agreement shall be construed under and in accordance with the laws
of the State of Texas.
3.5 Venue
All obligations of the parties created hereunder are performable in
Williamson County, Texas, and venue for any action shall be in Williamson
County.
3.6 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.
3.7 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal
dignity.
3.8 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:
2.
OWNER
Chandler Creek Investments, Ltd.
510 S. Congress Ave. #400
Austin, Texas 78704
Attn: Silvestre Garza, Jr.
CITY OF ROUND ROCK
City of Round Rock, Texas
301 West Bagdad, Suite 210
Round Rock, Texas 78664
Attn: Director of Planning
3.9 Effective Date
This Agreement shall be effective from and after the date of due execution
hereof by all parties.
3.10 Binding Effect
This Agreement binds and benefits the Owner and its successors and
assigns.
ARTICLE 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, City of Round Rock, Texas, as amended,
hereinafter referred to as "the Code."
2. Property
The Development Plan ("Plan") covers the real property more particularly
described in Exhibit "A," attached hereto and incorporated herein as if fully set
forth (the "Property").
3. Purpose
The purpose of this Plan is to ensure a development that: (1) is equal to or
superior to development that would occur under the standard ordinance
requirements; and (2) 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 welfare.
4. Permitted Uses
The Property shall be used and developed for the following uses:
Local Commercial (C-2), as described in the Code, with a maximum height
of one (1) story; or
3.
Office (OF), as described in the Code; or
Day Care, with a maximum height of one (1) story, no limit on maximum
square footage, and a requirement that all outdoor play areas be located
no closer than one hundred (100) feet from the southern property line and
that they include a screening fence on the southern end of the play areas
to buffer noise.
5. Prohibited Uses
The following uses are not permitted on the Property:
Amusement parks or carnivals
Automotive & machinery repair
Automotive & machinery services
Automotive & machinery washes
Automotive rental
Automotive sales
Billiard parlors & pool halls (as a primary use)
Boat sales
Bulk distribution centers
Camper sales
Campgrounds
Donation centers
Flea markets
Gasoline & fuel sales
Heavy equipment sales, rental & leasing
Industrial building sales
Kennels
Manufactured home sales
Mini warehouses
Pawn shops
Portable building sales
Recreational vehicle parks
Recycling centers
Sale of used goods (except antiques, estate sales and vintage clothing)
Self -storage
Sexually oriented businesses
Shooting ranges
Tattoo parlors
Truck service or repair
Truck stops
Trucking terminals
Video arcades (as a primary use)
Wholesale nurseries
4.
Wireless Transmission Facility, Self -Standing
Wrecking yards
6. Changes to Agreement and Development Plan
6.1 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 City Engineer, the Director of Planning and Community
Development, and the City Attorney.
6.2 Major Changes
Major changes shall be resubmitted following the same procedure required
by the original application.
CITY OF ROUND ROCK, TEXAS
By:
NYLE MAXWELL
City of Round Rock, Texas
Date:
OWNER:
CHANDLER CREEK INVESTMENTS, LTD.
By: JDB Real Properties, Inc.
its General Partner
By:
Silvestre Garza, Jr.
President
Date:
5.
Exhibit "A"
The Property consists of 3.184 acres of land, which is the remainder of a 3.398 acre tract after
the taking of 0.214 acres for Right -of -Way, as more particularly described in the attached field
notes.
Tract 9
Metes and Bounds Description
3.398 acres (148,021 square feet)
P.A. Holder Survey, A-297
Williamson County, Texas
Being a tract containing 3.398 acres (148,021 square feet) of land situ
Survey, A-297 of Williamson County, Texas and being a portion of a situated in the P. acre
Holderrt
Four recorded in a deed to CAMCO L
Recordsouof Williamson Corms LAND, LTD., in Volume 2491, Paged 303 of the Official
described by metes and bounds gas followOs with all bearings Said 3.398 acre tract beingmore
particularly
State Plane Coordinate System, g and coordinates referenced to the Texas
converted to US Survey Feet. Coordinate origin �i based and aon sed on the NAD83/93 HARK Datum
coordinates recited herein may be converted to surface values by
e Austin RRP CORS station. Grid
factor of 0.999884425. dividing by the combined scale
BEGINNING, at point (N= 10,167,139.86; E= 3,140,645.68) in the easterly
FM 1460 (width varies) as recorded in Volume 431, Page 363 and Vol
ume 121 of the
Williamson County Deed Records (W.C.D.R. right -of --way line of
ji widening asshownDe on the ), being the northwest comer of a� 20 foot right-of-
way
ight of -
plat of The Meadows Chandler Creek Section Two as recorded in
Cabinet F, Slides 321-322 of the Williamson County Plat RecordsW
southwesterly corner of said 275.214 acre Tract Four. From said point a %2 -inch iron rod found for
reference bears South 69°32'23" West, 0.42 feet; ( C.P'R.) and being a
THENCE, North 02°15'42" West, a distance of 464.85 feet along the easterly
FM 1460 and the westerly line of said 275.214 acre Tract Four to %-i
beginning of a tangent curve to the right; right -of --way line of
1/2 -inch iron rod set at the
THENCE, 1.32 feet along said curve to the right with a Radius of 2,824.93
00°01'36" and a Chord Bearing and Distance of North 02°14'54" West, 1.32
rod found for the southerly comer of a called 2.301 acre tract feet, a Delta Angle of
Document Number o of the feet Memorandum a 1/2 -inch O iron
recorded in a of Option
O.R. W.C.T.
THENCE, South 83°41'34" East, a distance of 408.64 feet along the southerly
acre tract and across said 275.214 acre Tract Four to 1/2 -inch iron rod set for the sou
o
sand option tract and being in the northerly line of a 0.979 line of said 2.301
CAMCO LAND, LTD in Document Number 9604921, O R. acre
C Tract Two recordedeintcorner a deed to
T.
THENCE, along the common northerly and westerly lines of said 0.979 acre Tract Two and said
275.214 acre Tract Four the following four calls:
1. South 65°34'02" West, a distance of 88.97 feet to 1/2 -inch iron rod found -
2. South 03°25'13" East, a distance of 9.55 feet to %2 -inch iron rod found;
'
Page 1 of 2
Projects148070/ Idocsl tract9. doc
3. South 26°02'13" East, a distance of 106.36 feet to 1/2-inch iron rod
4. South 03°51'13" East, a distance of 71.70 feet to 1/2-inch iron rod found in the northerly line
found;
of a called 2.304 acre Tract One recorded in said deed to
.R.W.C.T and for the southCAMCO LAND
southwest comer of said 0.979Iacre
Document Number 9604921 O
Tract Two;we
THENCE, along the co
mmon northerly
275.214 acre Tract Four the
following two cand allsesterly lines of said 2.304 acre Tract One
and said
1. South 65°33'56" West, a distance of 82.43 feet to 1/2-inch iro
2. South 24°26'04" n rod found;
East, a distance of 138.37 feet to 1/2-inch iron rod found
for the most
northerly corner of said Meadows of Chandler Creek — Section Tw
THENCE, along the common northerly lines of said Meadows o'
of Chandler Creek —Section Two
and said 275.214 acre Tract Four the following four calls:
1. South 64°56'42" West, a distance of 58.88 feet to 1/2-inch iron rod.
2. South 76°50'42" West, a distance of 47.69 feet to y_• found,
3. South 85°09'42" West, a distance of 49.28 1/2-inch iron rod found;
feet to 1/2-inch iron rod set;
4. South 87°46'42" West, a distance of 192.29 feet to the POINT OF BEGINNING and
containing a computed area of 148,021 square feet or 3.398 acres of land.
This metes and bounds description is accompanied by a separate P plat of survey.
Dou as J. Anderson
Registered Professional Land Surveyor
Texas Registration Number 5128
Prepared by:
SURVCON INC.
400 West 15th Street, Suite 430
Austin TX 78701
Job No: 480701
Page 2 oft
Projects1480701Idocsl tract9.doc
County:
Parcel No.:
Highway:
CSJ:
Account No.:
Williamson
16
FM 1460
2211-02-014
8014-2-22
EXHIBIT
Page 1 of 5
PROPERTY DESCRIPTION FOR PARCEL 16
DESCRIPTION OF A 0.214 ACRE TRACT OF LAND LOCATED IN THE P. A. HOLDEN
SURVEY, ABSTRACT NO. 297, IN WILLIAMSON COUNTY, TEXAS, AND BEING A
PORTION OF A CALLED 3.398 ACRE TRACT OF LAND AS RECORDED IN THAT DEED
TO CLIANDL.IR CREEK INVESTMENTS, LTD. AS RECORDED IN DOCUMENT NO.
9859444 OF THE OFFICIAL PUBLIC RECORDS OF WILLIE,
MSON COUNTY, TEXAS;
SAID 0.133 ACRE TRACT, AS SHOWN ON THE ACCOMPANYING SKETCH, IS MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a %2" iron rod found 40.00 feet left of the proposed FM 1460 centerline station
409+51.68, being on the existing east right-of-way line of FM 1460, same being the southwest
comer of said 3.398 Acre tract, same being the northwest comer of The Meadows At Chandler
Creek Section Two, a Subdivision as recorded in Cabinet F, Slides 321-322 of the Plat Records
of Williamson County, Texas;
THENCE with the said existing east right-of-way line of FM 1460, same being the west line of
said 3.398 Acre tract, the following two (2) courses:
1. N 02° 17' 41" W for a distance of 465.34 feet at existing PT station 404+85.44, from
which a'A" iron rod found bears, S 72° 28' 19" E for a distance of 0.73 feet, and
2. a distance of 1.18 feet with an arc of a curve to the right whose central angle is
00° 01' 26", with a radius of 2824.79 feet, with a chord that bears N 02° 16' 57" W for a
distance of 1.18 feet to a calculated point for the northwest corner of said 3.398 Acre
tract, same being the southwest corner of a called 2.301 Acre tract as described in that
deed to Centex Senior Services Corporation as recorded in Document No. 2.0000193 79
of the Official Public Records of Williamson County, Texas;
3. THENCE with the north line of the said 3.398 Acre tract, same being the south line of said
2.301 Acre tract, S 83° 38' 37" E for a distance of 21.21 feet to a TxDOT Type II concrete
monument set 60.00 feet left of the proposed FM 1460 centerline station 404+87.24, being
on the said proposed east right-of-way line of FM 1460;
THENCE through the interior of the said 3.398 Acre tract, with the said proposed east right-of-
way line of FM 1460, the following two (2) courses and distances numbered 4 through 5
inclusive:
Page 2 of 5
4. a distance of 104.79 feet with an arc of a curve to the left whose central angle is
01° 03' 32", with a radius of 5669.58 feet, with a chord which bears S 01° 45' 54" E for
a distance of 104.79 feet to a TxDOT Type II concrete monument set 60.00 feet left of
the proposed FM 1460 centerline station 405+93.14 for a point of tangency, and
S. S 02° 17' 41" E for a distance of 358.77 feet to a TxDOT Type II concrete monument
set 60.00 feet left of the proposed FM 1460 centerline station 409+51.91, being on the
south line of said 3.398 Acre tract, same being the north line of said Subdivision, from
which a %2" iron rod bears, N 88° 21' 01" E a distance of 0.12 feet;
6. THENCE, with the south line of said 3.398 Acre tract, same being the north line of said
Subdivision, S 88° 21' 01" W for a distance of 20.00 feet to the POINT OF BEGINNING
and containing 0.214 Acre of land more or less.
All bearings are based on the Texas State Plane Coordinate System, Central. Zone, NAD 83.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
}
} KNOW ALL MEN BY THESE PRESENTS:
}
That I, Donald J. Kirby, a Registered Professional Land Surveyor, do hereby certify that
the above description is true and correct to the best of my knowledge and belief and that the
property described herein was detennined by a survey made on the ground under my direction
and supervision.
WITNESS MY HAND AND SEAL, at Round Rock, Williamson County, Texas this the
30th day of October, 2001 A.D.
BAKER-AICKLEN & ASSOC., INC.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Donald J. Kirby
Registered Professional Land Surveyor
No. 2508 — State of Texas
W:\PROJECTS\TXDOT\FM1460\1460-79\DOC\PARCELS\P-16 CHCRKINV.doc
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0.
08°44'00'
R - 5729.58'
L 873.33'
C - 569.92'
CB- S 02°04'I9' W
P1 - 401+57.32
EAST [XI - 3140573.20
NORTH (YI - 10167933.55
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DETAIL
NO. I
1S
CENTEX SENIOR SERVICES
CORPORATION
DUC. NO. 2000019379
0.P.R.W.C.T. (03-24-2000)
CALLED 2.301 AC.
EXISTING
S 01°45'54
BOWMAN
ROAD
(70.00' R.O.W.)
w
CV 0
0 0
0
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CAMCO LAND, LTD.
OLUME 2491, PAGE 303, 0.P.R .C.T
(03-09-1994)
TRACT I (CALLED 10.800 A
0
LO
LL
EXISTING R.O.W.
0
0
a.
0
cc
a.
PT Sto = 404+85.44
STATION: 404+87.24
60.00' LEFT
CHANDLER CREEK
INVESTMENTS, LTD.
DOC. NO. 9859444
0 P.R.W.C.T.
(08-03-1998) TRACT 4
(CALLED 3.398 AC.)
STATION: 405+93.14
60.00' LEFT
0.214 AC
\'.
\ MAr\HLINE STA 408+00
tSKETCH
TO ACCOMPANY FIELD NOTE DESCRIPTION
13=s,1
Baker-Alcklen
& Associates, Inc.
Engineers/Surveyors
PAGE 4 OF 5
PAGE 3 OF 5
RIGHT-OF-WAY SKETCH SHOWING PROPERTY OF
CHANDLER CREEK INVESTMENTS, LTD.
DATE OF SURVEY
AUG. '00 - DEC. '00
PARCEL NO.
16
SCALE
1" = 50'
PROJEC T
F. M. HIGHWAY N0. 1460
EAST OF ROUND ROCK
R.O.W. TAKING: 0.214 ACRE
ACCOUNT NO.
8014-2-22
C.S.J. N0.
2211-02-014
DISTRICT
14
COUNTY
WILLIAMSON
MATCHLINE STA 408+00
CHANDLER CREEK
INVESTMENTS, LTD.
DOC. NO. 9859444,
0.P.R.W.C.T.,
(08-03-1998)
TRACT 1
(CALLED 8.529 AC.)
O
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P.O.B.
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SEE DETAIL NO.
PROPOSED R.O.W.
PAGE 4 OF 5
16
0.214 AC.
CHANDLER CREEK
INVESTMENTS, LTD.
DOC. NO. 9859444, 0.P.R.W.C.T.,
(08-03-1998)
TRACT 4 (CALLED 3.398 AC.)
4 -
STATION: 409+51.91
60.00' LEFT
THE MEADOWS AT
CHANDLER CREEK
SECTION TWO
CABINET F,
SLIDES 321-322
P.R.W.C.T.
410+31.68
60.00' LT
•
AGARITA
TRAIL
(60.00' R.O.W.)
SKETCH TO ACCOMPANY FIELD NOTE DESCRIPTION
Baker-A(cklen
& AccocIatoe, Inc.
Engineers/Surveyors
RIGHT-OF-WAY SKETCH SHOWING PROPERTY OF
CHANDLER CREEK INVESTMENTS, LTD.
BATE OF SURVEY
PAGE 4 OF 5
PARCEL NO.
I6
AUG. '00 - DEC. '00
SCALE
1" = 50'
PROJECT
F. M. HIGHWAY NO. 1460
EAST OF ROUND ROCK
R.O.W. TAKING: 0.214 ACRE
ACCOUNT NO.
8014-2-22
C.S.J. NO.
2211-02-014
DISTRICT
14
COUNTY
WILLIAMSON
DETAIL N. I
(N.T.S.)
DET,L,IL NO. 2
(N.T.S.)
N 88°21'01" E
0.12'
409+51.91
6012' L T .- T-
409+51.91
60.00' LT
Z
1
w
S 83°38,37„
01 X2:6'`
L =
CB N 02'!6`57
G '((8'
P P.O.B.
PARCEL NO. 16
NORTHING: 10167139.82
EASTING: 3140645.03
409+51.68
40.00' LT
NOTES:
I. BE \RINGS ARE BASED ON GRID BEARINGS.
DISTANCES ARE SURFACE DISTANCES.
COORDINATES ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, NAD 83, CENTRAL
ZONE. THE COMBINED SURFACE ADJUSTMENT
FACT OR IS 1.00012.
2. -i ;;IS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE REPORT. THERE MAY BE
EASEMENTS OR OTHER INSTRUMENTS
PERTAINING TO THIS PROPERTY THAT ARE NOT
SHOWN HEREON.
3. ALL STATIONS AND OFFSETS SHOWN HEREON
ARE MEASURED RELATIVE ;TO THE PROPOSED
CENTERLINE OF F. M. HIGHWAY NO. 1460. ALL
OFFSETS ARE MEASURED AT RIGHT ANGLES TO
SAID CENTERLINE.
0 = 90°13'25"
R = 20.00'
L 31.49'
CB= S 47°03'28" E
C 28.34'
AGARITA TRAIL
LEGEND
0
A
COTTON GIN SPINDLE FOUND
TYPE I CONCRETE MONUMENT FOUND
I/2' IRON ROD FOUND UNLESS NOTED
2' IRON PIPE FOUND UNLESS NOTED
TYPE 11 CONCRETE MONUMENT SET
1/2' IRON ROD SET WITH TXDOT
ALUMINUM CAP UNLESS NOTED
CALCULATED POINT
600 NAIL FOUND UNLESS NOTED
PROPERTY LINE
C/L CENTERLINE
R.O.W. RIGHT-OF-WAY
TXOOT.. TEXAS DEPARTMENT OF TRANSPORTATION
0.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS
P.R.W.C.T. PLAT RECORDS OF
WILLIAMSON COUNTY, TEXAS
O.R.W.C.T. DEED RECORDS OF
WILLIAMSON COUNTY, TEXAS
E.O.P. ENO OF PROJECT
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCING
P.O.R. POINT OF REFERENCE
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER
AND THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOW
I°%3n/v)
DATE
DONALD J. KIRBY, '.P.L.S. NO. 2 08
203 E. MAIN ST., S ITE 201
ROUND ROCK, TX 78664
SKETCH TO ACCOMPANY FIELD NOTE DESCRIPTION
RIGHT-OF-WAY SKETCH S
PARCEL NUMBER FOR R.O.W. ACQUISTION
POINT OF INTERSECTION FOR PROPOSED
CENTERLINE OF F.M. 1460
SUPERVISION
CHANDLER CREEK IN
DATE OF SURVEY
AUG. '00 — DEC. '00
SCALE
1" = 50'
PAGE 5 OF 5
PARCEL NO.
16
PROJEC T
F. M. HIGHWAY NO. 1460
EAST OF ROUND ROCK
R.O.W. TAKING: 0.214 ACRE
ACCOUNT NO.
6014-2-22
C.S.J. NO.
2211-02-014
DISTRICT
14
COUNTY
WILLIAMSON
DATE: March 16, 2006
SUBJECT: City Council Meeting - March 23, 2006
ITEM: 14.C.3. Consider a resolution amending the Land Use Plan for the Meadows of
Chandler Creek Municipal Utility District for 3.184 acres of land to a
designation of Day Care (with conditions), Local Commercial (with
conditions), or Office.
Department: Planning and Community Development Department
Staff Person: Jim Stendebach, Director
Justification:
This 3.184 -acre tract is under contract with a day care provider. Staff, along with the neighbors
who have contacted us, support the establishment of a day care at this location as a welcome
addition to the community. However, because of the size of the proposed day care, the land use
designation for the property will have to include a provision exempting day cares from the size
limitations that would normally apply to day cares in Local Commercial districts. (The normal
limitation is 7,500 s.f. The proposed day care may be more than twice that large.) While staff
recommends in favor of granting this size exception, we are also recommending that the day care
be limited to one story and that the outdoor play areas be located a minimum of 100 feet from
the southern property line and include fencing on the south side to shield the adjacent residences
from the noise. Although the property is under contract to the day care provider, the applicant
has requested that the tract also have the additional designation of Local Commercial or Office
uses. In the unlikely event that the property is not developed as a day care (or is redeveloped
many years from now) staff recommends that any local commercial development be limited to
one story and the following prohibited uses:
• Amusement parks or carnivals
• Automotive & machinery repair
• Automotive & machinery services
• Automotive & machinery washes
• Automotive rental
• Automotive sales
• Billiard parlors & pool halls
(as a primary use)
• Boat sales
• Bulk distribution centers
• Camper sales
• Campgrounds
• Donation centers
• Flea markets
• Gasoline & fuel sales
Heavy equipment sales, rental & leasing
Industrial building sales
Kennels
Continued next page
Manufactured home sales
Mini warehouses
Pawn shops
• Portable building sales
• Recreational vehicle parks
• Recycling centers
• Sale of used goods
(except antiques, estate sales, vintage clothing)
• Self -storage
• Sexually oriented businesses
• Shooting ranges
• Tattoo parlors
• Truck service or repair
• Truck stops
• Trucking terminals
Video arcades (as a primary use)
Wholesale nurseries
Wireless Transmission Facility, Self -Standing
Wrecking yards
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: None
Background Information:
The Land Use Plan for the Meadows of Chandler Creek was adopted in 1992. No changes to the
land use designation for this tract have occurred since that time. The Planning and Zoning
Commission recommended approval of the proposed changes (with the conditions discussed
above) at their February 15, 2006, meeting.
Public Comment:
Public notice was posted and a public hearing was held in accordance with the City of Round
Rock's Zoning Ordinance at the Planning and Zoning Commission meeting on February 15, 2006.
AGREEMENT AND DEVELOPMENT PLAN
3.184 ACRE TRACT, MEADOWS AT CHANDLER CREEK
MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
THIS AGREEMENT AND DEVELOPMENT PLAN (collectively, the "Agreement") 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 Chandler Creek Investments, Ltd.,
having their offices at 510 South Congress, Suite 400, Austin, Texas 78704 (hereinafter
referred to as the "Owner").
WHEREAS, The Owner has submitted a request to the City to amend a Land Use Plan
previously approved in an Agreement concerning Creation and Operation of the
Meadows at Chandler Creek Municipal Utility District, dated May 10, 1984; and
WHEREAS, on February 15, 2006, the City's Planning and Zoning Commission
recommended approval of the Owner's request to amend said Plan;
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:
ARTICLE I.
GENERAL PROVISIONS
1. CONFORMITY WITH DEVELOPMENT PLAN
All uses and development within the Property shall conform to the Development
Plan set forth in Article 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 below
and in Article I. Section 6. are followed.
3. MISCELLANEOUS PROVISIONS
3.1 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
2 0Q10 -03-23-I' 3
or convenient to effectuate the purposes and intent of this Agreement.
3.2 Severability
In case one or more provisions contained in this Agreement are deemed
invalid, illegal or unenforceable in any respect such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement and
in such event, this Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained in this Agreement.
3.3 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.
3.4 Applicable Law
This Agreement shall be construed under and in accordance with the laws
of the State of Texas.
3.5 Venue
All obligations of the parties created hereunder are performable in
Williamson County, Texas, and venue for any action shall be in Williamson
County.
3.6 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.
3.7 Duplicate Originals
This Agreement may be executed in duplicate original, each of equal
dignity.
3.8 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:
2.
OWNER
Chandler Creek Investments, Ltd.
510 S. Congress Ave. #400
Austin, Texas 78704
Attn: Silvestre Garza, Jr.
CITY OF ROUND ROCK
City of Round Rock, Texas
301 West Bagdad, Suite 210
Round Rock, Texas 78664
Attn: Director of Planning
3.9 Effective Date
This Agreement shall be effective from and after the date of due execution
hereof by all parties.
3.10 Binding Effect
This Agreement binds and benefits the Owner and its successors and
assigns.
ARTICLE 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, City of Round Rock, Texas, as amended,
hereinafter referred to as "the Code."
2. Property
The Development Plan ("Plan") covers the real property more particularly
described in Exhibit "A," attached hereto and incorporated herein as if fully set
forth (the "Property").
3. Purpose
The purpose of this Plan is to ensure a development that: (1) is equal to or
superior to development that would occur under the standard ordinance
requirements; and (2) 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 welfare.
4. Permitted Uses
The Property shall be used and developed for the following uses:
Local Commercial (C-2), as described in the Code, with a maximum height
of one (1) story; or
3.
Office (OF), as described in the Code; or
Day Care, with a maximum height of one (1) story, no limit on maximum
square footage, and a requirement that all outdoor play areas be located
no closer than one hundred (100) feet from the southern property line and
that they include a screening fence on the southern end of the play areas
to buffer noise.
5. Prohibited Uses
The following uses are not permitted on the Property:
Amusement parks or carnivals
Automotive & machinery repair
Automotive & machinery services
Automotive & machinery washes
Automotive rental
Automotive sales
Billiard parlors & pool halls (as a primary use)
Boat sales
Bulk distribution centers
Camper sales
Campgrounds
Donation centers
Flea markets
Gasoline & fuel sales
Heavy equipment sales, rental & leasing
Industrial building sales
Kennels
Manufactured home sales
Mini warehouses
Pawn shops
Portable building sales
Recreational vehicle parks
Recycling centers
Sale of used goods (except antiques, estate sales and vintage clothing)
Self -storage
Sexually oriented businesses
Shooting ranges
Tattoo parlors
Truck service or repair
Truck stops
Trucking terminals
Video arcades (as a primary use)
Wholesale nurseries
4.
Wireless Transmission Facility, Self -Standing
Wrecking yards
6. Changes to Agreement and Development Plan
6.1 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 City Engineer, the Director of Planning and Community
Development, and the City Attorney.
6.2 Major Changes
Major changes shall be resubmitted following the same procedure required
by the original application.
CITY 'F 'OND 'O XAS
By/ ; %�,
A L
City of Round Rock, Texas 2
Date: —Z "C(..o
OWNER:
CHANDLER CREEK INVESTMENTS, LTD.
By: JDB Real Prope
its General
5.
By:
ilve .tr
Garza, Jr.
President
Date: %1,tfrt- c -l --E