Loading...
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 5. tn O A a 0 4.4'5 w E Ft E At IH 35 EXHIBIT C-1 PRIMARY ACCESS DRIVE CHANDLER ROAD (COUNTY ROAD 114) 111M61161116=116riarr _ — —v-- . _ _ - -- 111•1 11) mrr -- LOT 1, BLOCK A 20.94 ACRES 1-f LOT 2, BLOCK A 42.50 ACRES PRIMARY ACCESS DRIVE I I ' 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 / � -- 7/ '- - - -\ i '\ 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