G-06-09-28-13C2 - 9/28/2006ORDINANCE NO. a -Dtp--02.8- /?L-
AN
ORDINANCE AMENDING ORDINANCE NO. Z -05-09-08-10C3,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
SEPTEMBER 8, 2005, BY AMENDING SECTION 13 OF PUD NO. 65,
APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE,
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on September 8, 2005, the City Council of the City
of Round Rock, Texas, adopted Ordinance No. Z -05-09-08-10C3, which
established PUD No. 65, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas, to amend Section 13 of PUD No. 65,
and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z-05-09-
08-1.003 on the 12th day of July, 2006, following lawful publication
of said public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that Ordinance No. Z -05-09-08-10C3 be amended, and
WHEREAS, on the 10th day of August, 2006, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z -05-09-08-10C3, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z -05-09-08-10C3 promotes the health,
safety, morals andgeneral welfare of the community, and
@PFDesktop\::ODMA/WORLDOX/O:/wdox/ORDINANC/060928C2.WPD/cdc
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 CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That the City Council hereby determines that the proposed
amendment to Planned Unit Development (PUD) District #65 meets the
following goals and objectives:
(1) The amendment to P.U.D. #65 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) The amendment to P.U.D. #65 is in harmony with the
general purposes, goals, objectives and standards of the
General Plan.
(3) The amendment to P.U.D. #65 does not have an undue
adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utilities or
any other matters affecting the public health, safety and
general welfare.
II.
That Section 13 of the Development Plan of PUD No. 65, as
approved in Ordinance No. Z -05-09-08-10C3 is hereby amended by
adding a new subsection, which shall read as follows:
2.
13.3 Primary Access Drive
The Primary Access Drive ("roadway"), as depicted in
Exhibit "C-1", shall serve as an alternate public access
providing legal access to platted lots if the following
conditions are met:
13.3.1 The roadway width, geometry and striping shall be
designed and constructed in accordance with the
City's Development and Construction Standards
Transportation Criteria Manual. Pavement
thickness and materials are not required to meet
City standards.
13.3.2 The roadway shall not be extended beyond the
boundary of the Property.
13.3.3 The roadway shall be platted as a special use lot
and title shall be vested with the owners of the
land within the boundaries of the PUD, each
holding an undivided interest in the roadway.
This undivided interest shall transfer with the
individual title to each platted lot within the
boundaries of the Property.
13.3.4 The roadway shall be given a name that is
approved by the Planning Department and is in
compliance with Williamson County Emergency
Services standards. All platted lots that take
frontage only from the private roadway shall be
addressed on the private roadway. Lots with dual
3.
frontage may be addressed either from the private
roadway or public right-of-way.
13.3.5 The roadway may not be temporarily or permanently
closed without the prior approval of the City's
Fire Marshall and Transportation Director, except
in the event of an emergency.
13.3.6 Pedestrian accommodations (e.g. sidewalks) shall
be made along the roadway or similar provisions
shall be made within the Property as approved by
the City Engineer.
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.
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.
4.
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 01,84kday
of 4p1-vr' 11L .) , 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:
Mayo
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
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EXHIBIT C-1
PRIMARY ACCESS DRIVE
CHANDLER ROAD (COUNTY ROAD 114)
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LOT 1, BLOCK A
20.94 ACRES
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LOT 2, BLOCK A
42.50 ACRES
PRIMARY ACCESS DRIVE
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PROPOSED AMENDMENT TO PUD 65, SECTION 13 OF THE DEVELOPMENT PLAN:
13.3 Primary Access Drive
The Primary Access Drive ("roadway"), as depicted in Exhibit "C-1",
shall serve as an alternate public access providing legal access to platted
lots if the following conditions are met:
• The roadway width, geometry and striping shall be designed and
constructed in accordance with the City's Development and
Construction Standards Transportation Criteria Manual. Pavement
thickness and materials are not required to meet City standards.
• The roadway shall not be extended beyond the boundary of the
Property.
• The roadway shall be platted as a special use lot and title shall be
vested with the owners of the land within the boundaries of the
PUD, each holding an undivided interest in the roadway. This
undivided interest shall transfer with the individual title to each
platted lot within the boundaries of the Property.
• The roadway shall be given a name that is approved by the
Planning Department as in compliance with Williamson County
Emergency Services standards. All platted lots that take frontage
only from the private roadway shall be addressed on the private
roadway. Lots with dual frontage may be addressed either from
the private roadway or public right-of-way.
• The roadway may not be temporarily or permanently closed
without the prior approval of the City's Fire Marshall and
Transportation Director, except in the event of an emergency.
• Pedestrian accommodations (e.g. sidewalks) shall be made along
the roadway or similar provisions shall be made within the
Property as approved by the City Engineer.
DATE: September 21, 2006
SUBJECT: City Council Meeting - September 28, 2006
ITEM: 13.C.2. Consider an ordinance amending the development standards
related to the primary access drive of PUD 65 (Planned Unit
Development) located at the southeast corner of University
Boulevard and the IH -35 frontage road. (Also known as Lot 2,
Bock A, East Chandler Retail Center) (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development
Director
The proposed amendment to the PUD will allow the primary access drive (see Exhibit C-1,
attached), which is a private drive, to be considered an alternative public access for the
purposes of platting. This would allow Tots to be created in the center of the property
without having to resort to awkward and impractical "flag lots" in order to access IH -35 or
University Boulevard.
The proposed amendment also stipulates certain conditions (see attached) that have to be
met in order for the private drive to be considered an alternative public access.
The use of a PUD to permit a private drive as an alternative public access was allowed
through a recent amendment to the Subdivision Ordinance.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
PUD 65 was adopted in September of 2005 and will be developed as a shopping center
wrapping around the IKEA store to the south and east. 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.
A second public hearing was held at the City Council meeting on August 24, 2006.
El
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF ROUND ROCK *
iiiiiii
111101
1E11
11101
11
ORD
10 PGS
2006094881
I, Margo Davis, Assistant 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 of
Round Rock, Texas and that the foregoing is a true and correct copy of Ordinance No.
G -06-09-28-13C2, which approves an amendment to PUD No. 65 (Planned Unit
Development). This ordinance was approved and adopted by the City Council of the
City of Round Rock, Texas at a meeting held on the 28th day of September 2006 and
recorded in the City Council Minutes Book No. 54.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 6th day
of October 2006.
Assistant City Secretary
ORDINANCE NO. Ct'Ol0' -02D- /3(.•at'
AN ORDINANCE AMENDING ORDINANCE NO. Z -05-09-08-10C3,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
SEPTEMBER 8, 2005, BY AMENDING SECTION 13 OF PUD NO. 65,
APPROVED BY THE CITY COUNCIL IN SAID ORDINANCE,
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, on September 8, 2005, the City Council of the City
of Round Rock, Texas, adopted Ordinance No. Z -05-09-08-10C3, which
established PUD No. 65, and
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas, to amend Section 13 of PUD No. 65,
and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested amendment to Ordinance No. Z -05-09-
08-10C3 on the 12th day of July, 2006, following lawful publication
of said public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that Ordinance No. Z -05-09-08-10C3 be amended, and
WHEREAS, on the 10th day of August, 2006, after proper
notification, the City Council held a public hearing on the
requested amendment to Ordinance No. Z -05-09-08-10C3, and
WHEREAS, the City Council determined that the requested
amendment to Ordinance No. Z -05-09-08-10C3 promotes the health,
safety, morals and general welfare of the community, and
ePPDesktop\::ODMA/WORLDOX/O:/vdox/ORDINANC/060928C2. Nen/cdc
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 CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That the City Council hereby determines that the proposed
amendment to Planned Unit Development (PUD) District #65 meets the
following goals and objectives:
(1) The amendment to P.U.D. #65 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) The amendment to P.U.D. #65 is in harmony with the
general purposes, goals, objectives and standards of the
General Plan.
(3) The amendment to P.U.D. #65 does not have an undue
adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, utilities or
any other matters affecting the public health, safety and
general welfare.
II.
That Section 13 of the Development Plan of PUD No. 65, as
approved in Ordinance No. Z -05-09-08-10C3 is hereby amended by
adding a new subsection, which shall read as follows:
2.
13.3 Primary Access Drive
The Primary Access Drive ("roadway"), as depicted in
Exhibit "C-1", shall serve as an alternate public access
providing legal access to platted lots if the following
conditions are met:
13.3.1 The roadway width, geometry and striping shall be
designed and constructed in accordance with the
City's Development and Construction Standards
Transportation Criteria Manual. Pavement
thickness and materials are not required to meet
City standards.
13.3.2 The roadway shall not be extended beyond the
boundary of the Property.
13.3.3 The roadway shall be platted as a special use lot
and title shall be vested with the owners of the
land within the boundaries of the PUD, each
holding an undivided interest in the roadway.
This undivided interest shall transfer with the
individual title to each platted lot within the
boundaries of the Property.
13.3.4 The roadway shall be given a name that is
approved by the Planning Department and is in
compliance with Williamson County Emergency
Services standards. All platted lots that take
frontage only from the private roadway shall be
addressed on the private roadway. Lots with dual
3.
frontage may be addressed either from the private
roadway or public right-of-way.
13.3.5 The roadway may not be temporarily or permanently
closed without the prior approval of the City's
Fire Marshall and Transportation Director, except
in the event of an emergency.
13.3.6 Pedestrian accommodations (e.g. sidewalks) shall
be made along the roadway or similar provisions
shall be made within the Property as approved by
the City Engineer.
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.
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.
4.
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 GGwith.
READ, PASSED, and ADOPTED on first reading this 0.8 411- day
of 31pJ'1t1LL).) , 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 vn
Mayo
ity of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
5.
Amendment to PUD 65
EXHIBIT C-1
PRIMARY ACCESS DRIVE
l
CHANDLER ROAD (COUNTY ROAD 114)
- -
IND iMp WO OM 4=r
LOT 1, BLOCK A
20.94 ACRES
LOT 2, BLOCK A
42.50 ACRES
t
1
IMO
PRIMARY ACCESS DRIVE
1 /
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--
7/
'- - -
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PROPOSED AMENDMENT TO PUD 65, SECTION 13 OF THE DEVELOPMENT PLAN:
13.3 Primary Access Drive
The Primary Access Drive ("roadway"), as depicted in Exhibit "C-1",
shall serve as an alternate public access providing legal access to platted
lots if the following conditions are met:
• The roadway width, geometry and striping shall be designed and
constructed in accordance with the City's Development and
Construction Standards Transportation Criteria Manual. Pavement
thickness and materials are not required to meet City standards.
• The roadway shall not be extended beyond the boundary of the
Property.
• The roadway shall be platted as a special use lot and title shall be
vested with the owners of the land within the boundaries of the
PUD, each holding an undivided interest in the roadway. This
undivided interest shall transfer with the individual title to each
platted lot within the boundaries of the Property.
• The roadway shall be given a name that is approved by the
Planning Department as in compliance with Williamson County
Emergency Services standards. All platted lots that take frontage
only from the private roadway shall be addressed on the private
roadway. Lots with dual frontage may be addressed either from
the private roadway or public right-of-way.
• The roadway may not be temporarily or permanently closed
without the prior approval of the City's Fire Marshall and
Transportation Director, except in the event of an emergency.
• Pedestrian accommodations (e.g. sidewalks) shall be made along
the roadway or similar provisions shall be made within the
Property as approved by the City Engineer.
G -06-09-28-13C2
Planned Unit Development
PUD 65
Located at the southeast corner of University Boulevard and the IH -35 frontage road. ( Also
known as Lot 2, Block A, East Chandler Retail Center )
AFTER RECORDING, PLEASE RETURN TO:
CITY OF ROUND ROCK
CITY SECRETARY
221 E. MAIN STREET
ROUND ROCK, TX 78664
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2006094881
10/30/2006 03:59 PM
PHOLTZ $52.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS