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Z-06-08-10-9B3 - 8/10/2006ORDINANCE NO. Z-0(0-00-0-963 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 5.95 ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIS DONAHO SURVEY, ABSTRACT NO. 173, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-2 (LOCAL COMMERCIAL). WHEREAS, the City of Round Rock, Texas has recently annexed 5.95 acres of land, more or less, out of the Willis Donaho Survey, Abstract No. 173, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 12th day of July, 2006, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as C-2 (Local Commercial), and WHEREAS, on the 10th day of August, 2006, 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 @PFDesktopA::ODMR/WORLDOX/0:/wtlox/OHpiNANC Original Zoning Ordinance 6/06 WHEREAS, each and every requirement set forth in Chapter 211, Sub -Chapter A., Texas Local Government Code, and Section 11.300 and Section 11.400, Code of Ordinances (1995 Edition), City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the Official Zoning Map adopted in Section 11.401(2)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District C-2 (Local Commercial). II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 2 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 I0 day of 2006. Alternative 2. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on second reading this the day of , 2006. ATTEST: R. NY . Or ELL, Ma or City .f Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret(&r 3 AUSTIN SURVEYORS P.O. BOX 180243 AUSTIN, TEXAS 78718 2105 JUSTIN LANE 8103 (512)454-6605 Accompaniment to sketch 1505 EXHIBIT "A" FIELD NOTES FOR 5.959 ACRES All that certain tract or parcel of land situated in the Willis Donoho Survey, A-173, in Williamson County, Texas and being a part of a 6.770 acre tract of land conveyed to Whiney Partnership et al by deed recorded as Document No. 2001036787 in the Official Public Records of Williamson County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point on the proposed North right-of-way line of Kiphen Road, in the Southeast corner of Lot 28 in Block F of Settlers Crossing Section 1 as recorded in Cabinet X, Slide 266 of the Plat Records of Williamson County, Texas, for the Southwest corner of this tract. THENCE N 00°05'35" E 269.76 feet to a point on the South line of Lot 26 in Block F of Settlers Crossing Section 3 as recorded in Cabinet AA, Slide 375 of the above mentioned Plat Records for the Northwest comer of the above mentioned 6.770 acre tract and the Northwest corner of this tract, THENCE S 89°55'06" E with the South line of the above mentioned Section 3 50.30 feet to an angle point of the said 6.770 acre tract and an angle point of this tract. THENCE N 89°38'09" E with the South line of the above mentioned Section 3 924.23 feet to a point on the proposed West line of County Road #122 for the Northeast corner of this tract. THENCE S 08°47'35" W with the proposed West line of County Road /1122 240.65 feet to an angle point of this tract. THENCE S 48°17'26"W 58.53 feet to a point on the proposed North line of Kiphen Road for the most Southerly Southeast corner of this tract. 5.959 ACRES EXHIBIT "A" PAGE 2 OF 2 THENCE N 89°55'23" W 894.47 feet to the POINT OF BEGINNING containing 5.959 acres of land, more or less. I, Claude F. Hinkle, Jr. , a Registered Professional Land Surveyor, do hereby certify that these field notes were compiled from public records and calculations made by me and are correct to the best of my knowledge and belief. This is not an on -the -ground survey oi 'numents were et. aAt QOFit� P ' ° N� e R �` Claude F. Hinkle, Jr. `4 X CLAUDE462I KLE JR,V R.P.L.S. No. 4629 JUN 1 2 2006 D�"✓O �FE SS‘.'yo a �QSURGp� avp Date © Austin Surveyors 2006 1505.doc County Road #122 z SL,Li.80 s .S9'Uhe • in N N ad n bo VI R.O.W. varies) i 0 0) M CO 2 '0 In In 2 f2',)) ..«- ,9C69Z dm 3„ S£,90.00 N in b..a o 2° ] 0 w N - N D W -U ] c o w Ew 0 — o c w o - N o ' u ag, E a 80 -0N v N' a ?; ; 0 N , O 5,0 v d E"_ d U y• r N . ) 0 0 0 V L 0 v" E T y C_ i 0b . U 0 4- O O0 T ] C -0 U y 02E r 0 o w 0 0 0 o. 171 pm C 8 n N m 6 6 u 1 N z° 0 to z 6 LO 0 01 8 S ocor h in 0 m co tit g• t. • o to m to o• Q N Austin Surveyors 2006 Original Zoning of 5.95 acres to C-2 a CR 122 a 1 c 0 t 0. Chamberlain Dr kill IIMil NM MIMI MI Mal IIIIMINI INN1111111111111111.11 iiiiimi. Aten Loop DATE: August 3, 2006 SUBJECT: City Council Meeting - August 10, 2006 ITEM: 9.B.3. Consider an ordinance zoning 5.95 acres of land, more or less, at the northwest corner of CR 122 and Kiphen Road to C-2 (Local Commercial). (113 Kiphen Road - also known as the Whitney Tract) (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Director Justification: Located at the corner of two arterial roadways and across the street from the ball fields of Old Settlers Park, this tract is well-suited for a small commercial development. In addition to serving the traffic generated by the Park, this commercial corner will also serve the growing number of residences in the area. Because the tract is located adjacent to some of those residences, staff is recommending C-2 (Local Commercial) zoning to ensure compatibility between the homes and the commercial development. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The property is currently outside the City Limits and has no zoning history. The applicant has applied for annexation and the Council will act on that request in a separate item on this agenda. The Planning and Zoning Commission recommended approval of the proposed zoning at their July 12, 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 July 12, 2006.