O-2017-4315 - 4/13/2017 ORDINANCE NO. 0-2017-4315
AN ORDINANCE AMENDING ORDINANCE NO. Z-05-05-26-11131,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
MAY 26, 2005, BY AMENDING SECTIONS 11.2 AND 11.5, THE LIST OF
EXHIBITS, AND ADDING EXHIBIT "F" AND EXHIBIT "G" TO THE
DEVELOPMENT PLAN OF PUD NO. 62, APPROVED BY THE CITY
COUNCIL IN SAID ORDINANCE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, on May 26, 2005, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-05-05-26-11D1, which established PUD No. 62, and
WHEREAS, on January 24, 2008, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. Z-08-01-24-962 to amend Sections 11.2, 11.5, 11.7, 11.8,
11.11, 11.14 and the List of Exhibits to the Development Plan of PUD No. 62 (Amendment
No. 1), and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Sections 11.2 and 11.5, the List of Exhibits, and to add
Exhibit "F" and Exhibit "G" to the Development Plan of PUD No. 62 (Amendment No. 2),
and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z-05-05-26-1101 on the 1st
day of March, 2017, 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-05-05-26-
11 D1 be amended, and
WHEREAS, on the 13th day of April, 2017, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z-05-05-
26-11 D1,
-05-05-26-1101, and
01❑1704.003755 12
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z-05-05-26-11D1 promotes the health, safety, morals and general
welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter
A., Texas Local Government Code, and Sections 46-92 and 46-106, Code of
Ordinances, 2010 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 #62 meets the following goals and objectives:
(1) The amendment to P.U.D. #62 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #62 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) The amendment to P.U.D. #62 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.
IL
That Section 11.2 of the Development Plan of PUD No. 62, as approved in
Ordinance No. Z-05-05-26-11D1 and amended in Ordinance No. Z-08-01-24-9132, is
1)
hereby deleted in its entirety, and replaced with a new Section 11.2, which shall read as
follows:
2. PROPERTY
This Development Plan (hereinafter referred to as "Plan") covers approximately
19.31 acres of land, located within the city limits of Round Rock, Texas, and more
particularly described in Exhibit "A". The Property is divided into three tracts:
Tract 1, Tract 1-A and Tract 2. Tract 2 is more particularly described in Exhibit
"D". The boundaries of Tracts 1 and 2 are described in Exhibit "E". Tract 1-A is
described in Exhibit "F".
III.
That Section 11.5 of the Development Plan of PUD No. 62, as approved in
Ordinance No. Z-05-05-26-11D1 and amended in Ordinance No. Z-08-01-24-962, is
hereby deleted in its entirety, and replaced with a new Section 11.5, which shall read as
follows:
5. PERMITTED USES
The following principal uses are permitted on the Property. The boundaries of
Tract 1 and Tract 2 are described in Exhibit "E". Tract 1-A is described in
Exhibit "F".
5.1 Tract 1 - 9.12 acres
All C-1 (General Commercial) uses identified in the Code, as amended,
are permitted, except for the uses listed in Paragraph 6 below.
5.2 Tract 1-A - 2.017 acres
All C-1 (General Commercial) uses identified in the Code, as amended,
are permitted, except for the uses listed in Paragraph 6 below, except that
fast food restaurants that use a microphone and speaker system to place
orders from the drive thru area are permitted, subject to the conditions
contained in Exhibit "G". If there is a conflict between Exhibit "G" and
other sections of this Plan or the Code, the regulations on Exhibit "G"
shall supersede the specific conflicting provisions. Exhibit "G" shall not
serve as a site plan approval.
3
5.3 Tract 2 - 8.17 acres
One of the following principal uses, but not both, is permitted on Tract 2:
5.3.1 All SR (Senior) uses identified in the Code, as amended, are
permitted, with a maximum of 131 dwelling units, except for the uses
listed in Paragraph 6 below. Permitted uses shall also include a senior
independent living facility with amenities designed for the use of the
residents. Such amenities shall have no dedicated entrances from the
outside of the building they are located in. Amenities may include, but
shall not be limited to: a convenience store, a beauty/barber shop, fitness
center, bank, gift shop, offices for home health care professionals and
transportation, housekeeping and emergency call services; or
5.3.2 All C1 (General Commercial) uses identified in the Code, as
amended, are permitted, except for the uses listed in Paragraph 6 below.
IV.
That Exhibit "F" and Exhibit "G", as attached hereto and incorporated herein,
are added to the Development Plan of PUD No. 62.
V.
That the List of Exhibits of the Development Plan of PUD No. 62, as approved in
Ordinance No. Z-05-05-26-11D1 and amended in Ordinance No. Z-08-01-24-9132, is
hereby deleted in its entirety and replaced with the attached List of Exhibits — Revised.
VI.
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
4
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.
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.
nn ��READ, PASSED, and ADOPTED on first reading this �?J day of
12017.
Alternative 2.
READ and APPROVED on first reading this the day of
12017.
READ, APPROVED and ADOPTED on second reading this the day of
, 2017.
ALA CGRAW, Mayor
City of Round Rock, Texas
ATTEST:
&&A— 1/ 1 0
SARA L. WHITE, City Clerk
5
N
F PUD 62 -71
ti
PUD 62
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LOT 10, BLOCK A
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Cob. Y, Slide 239 P.R. W.C. T. PROVIDENT CROSSING V
SECTION IV
Doc. No. 2015014158 O.P.R.W. T.C. o
4Vh
L4
2.017 ACRES
JOSEPH GREGOR REMAINDER OF
GENERAL WARRANTY DEED
CALED 27412 ACRES H/CKERSON ROUND ROCK LAND, LP
Vol, 2516, Pg. 653 AR.T.C.T. CALLED 7.958 ACRES V O
WARRANTY DEED
Doc. No. 2009058882 ORR WC.T. Ci
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LOT 1, BLOCK A C7 ^ N
PROVIDENT CROSSING °2
SECTION V
Doc. No. 2016111778 0.P.R. W. T.C. o
PEDRO ESPINOZA (DECEASED) Q
AFRVA NT OF HEIRSHIP
CALLED 1.301 ACRES
Doc. No. 2000014735 OP.R.W.CT.
LOT 5 BLOCK A
_ PROVIDENT CROSSINGS, SECTION l
_ Cob. EE, Slide 359 P.R.W.C. T.
_ PRONDENT CROSSINGS RETIREMENT COMMUNITY, LLC
SPECIAL WARRANTY D££D
Doc. No. 2010016781 O.P.R.W.C.T.
CURVE TABLE EXHIBIT F
CURVE RAD/US ARC LENGTH 12ELTA ANGLE CHORD BEAR/NG CHORD LENGTH
C2 214348' 169.91' 43731" S 167408" E 169.87' TRACT 1-A
LINE TABLE
BOUNDARY
LINE BEARING D/STANCE
L1 570VI'S8" w 39271' � J13NE5ICARTER
L2 N 194430" W 285.71'
L3 N 88'18'03" E 350.31 Texas Board of anti Engineers Registration No.F439
Texas Board of Professional Land Surveying Registration No.1004101
L4 N 7575:30" E 6976 1701 Directors Boulevard,Suite 400.austiv,Tens 787U-5174419491
K'10.4023il04073-0038-00 Tracor PUD 62 Retail�2 Design Phase CAD S Exhibits I EXHIBIT F.dwg jde: February 20, 2G17
PLANTING REQUIREMENTS
FOR LANDSCAPE BUFFER:
e � I• I
1 1 1 1. ALL PLANTINGS SHALL BE WITHIN THE
II
LANDSCAPE BUFFER.
Sr OF THE
L I .-.T LANDSCAPE BUFFEfl.
BERM AREA:
_ 9 F1. ONE LARGE SPECIES TREE PER FORTY(40)
_ LINEAR FEET(75%OF SELECTED
f ' 1 I MATERIAL SHALL BE OF AN EVERGREEN
SPECIES)
2. ONE MEDIUM SPECIES TREE PER
TWECTYDMATERILSAfl FEET(OF
aNm _, IFI e i I I I SELECTED MATERIAL SHALL BE OF AN
M F1P i I,' 1 01 I I EVERGREEN SPECIES)
3. ONE SMALL SPECIES TREE PER TWELVE
(12)LINEAR FEET;TO BE PLANTING IN
B I f
OFF-SET ROWS(75%OF SELECTED
MATERIAL SHALL BE OF AN EVERGREEN
I 13 (
164'iO BBUILDING - I SPECIES)
154'iO SPEAKER BOX 4. ONE LARGE SHRUB PER T14REE(3)LINEAR
P - I �I FEE T;TO BE PLANTING IN OFF-SET ROWS
141'70 DRIVE THRU LANE o I I
II O Ian 20, 1NON-BERM AREA:
LINOSrAPE 1.
PLANTINGS SHALL COMPLY WITH SECTION
- - � I EASEMENT I I 11.11.7.30F THE DEVELOPMENT PIAN OF
1 I 10' PUD 62.
SIDEWALK
I I PUBLIC I
U17UTY
CONCWALL ELS,fMfNT
ATPROPERTY� _
I — LINE -. Ll PROPOSED I I I
I I( DONE
CONNECTION
(BYOTNERS)
3 EXHIBIT G
3 li� RETAIL CENTER
' ROUND ROCK, TX
LANDSCAPE BERM
mxlraur.mlausm SCALE 1"=10'
( vzmm�
ELECTRONICALLY RECORDED 2017033933
Williamson County, Texas Total Pages: 10
THE STATE OF TEXAS ^
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK ^
I, SARA L. WHITE, City Clerk 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 and the attached is a
true and correct copy of Ordinance No. 0-2016-4315 which approves amendment No. 2 to PUD
(Planned Unit Development) No. 62 to allow for a restaurant with a drive through, subject to
specific conditions. This ordinance was approved and adopted at a regular meeting held by the
City Council on the 13th day of April 2017 and recorded in the City Council minute book no. 61.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 18th day of April
2017.
^
Of Mr V W
SARA L. WHITE, TRMC, City Clerk
...```.
2017033933 Page 2 of 10
ORDINANCE NO. 0-2017-4315
AN ORDINANCE AMENDING ORDINANCE NO. Z-05-05-26-11D1,
ADOPTED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, ON
MAY 26, 2005, BY AMENDING SECTIONS 11.2 AND 11.5, THE LIST OF
EXHIBITS, AND ADDING EXHIBIT "F" AND EXHIBIT "G" TO THE
DEVELOPMENT PLAN OF PUD NO. 62, APPROVED BY THE CITY
COUNCIL IN SAID ORDINANCE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, on May 26, 2005, the City Council of the City of Round Rock, Texas,
adopted Ordinance No. Z-05-05-26-11D1, which established PUD No. 62, and
WHEREAS, on January 24, 2008, the City Council of the City of Round Rock,
Texas, adopted Ordinance No. Z-08-01-24-9B2 to amend Sections 11.2, 11.5, 11.7, 11.8,
11.11, 11.14 and the List of Exhibits to the Development Plan of PUD No. 62 (Amendment
No. 1), and
WHEREAS, an application has been made to the City Council of the City of
Round Rock, Texas, to amend Sections 11.2 and 11.5, the List of Exhibits, and to add
Exhibit "F" and Exhibit "G" to the Development Plan of PUD No. 62 (Amendment No. 2),
and
WHEREAS, the Planning and Zoning Commission held a public hearing
concerning the requested amendment to Ordinance No. Z-05-05-26-11D1 on the 1st
day of March, 2017, 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-05-05-26-
1101
-05-05-26-11D1 be amended, and
WHEREAS, on the 13th day of April, 2017, after proper notification, the City
Council held a public hearing on the requested amendment to Ordinance No. Z-05-05-
26-1101,
-05-05-26-11D1, and
11112 1704,00175512
2017033933 Page 3 of 10
WHEREAS, the City Council determined that the requested amendment to
Ordinance No. Z-05-05-26-11D1 promotes the health, safety, morals and general
welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter
A., Texas Local Government Code, and Sections 46-92 and 46-106, Code of
Ordinances, 2010 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:
That the City Council hereby determines that the proposed amendment to
Planned Unit Development (PUD) District #62 meets the following goals and objectives:
(1) The amendment to P.U.D. #62 is equal to or superior to development that
would occur under the standard ordinance requirements.
(2) The amendment to P.U.D. #62 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) The amendment to P.U.D. #62 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 11.2 of the Development Plan of PUD No. 62, as approved in
Ordinance No. Z-05-05-26-11D1 and amended in Ordinance No. Z-08-01-24-9B2, is
2017033933 Page 4 of 10
hereby deleted in its entirety, and replaced with a new Section 11.2, which shall read as
follows:
2. PROPERTY
This Development Plan (hereinafter referred to as "Plan") covers approximately
19.31 acres of land, located within the city limits of Round Rock, Texas, and more
particularly described in Exhibit "A". The Property is divided into three tracts:
Tract 1, Tract 1-A and Tract 2. Tract 2 is more particularly described in Exhibit
"D". The boundaries of Tracts 1 and 2 are described in Exhibit "E". Tract 1-A is
described in Exhibit "F".
III.
That Section 11.5 of the Development Plan of PUD No. 62, as approved in
Ordinance No. Z-05-05-26-11D1 and amended in Ordinance No. Z-08-01-24-9B2, is
hereby deleted in its entirety, and replaced with a new Section 11.5, which shall read as
follows:
5. PERMITTED USES
The following principal uses are permitted on the Property. The boundaries of
Tract 1 and Tract 2 are described in Exhibit "E". Tract 1-A is described in
Exhibit "F".
5.1 Tract 1 - 9.12 acres
All C-1 (General Commercial) uses identified in the Code, as amended,
are permitted, except for the uses listed in Paragraph 6 below.
5.2 Tract 1-A - 2.017 acres
All C-1 (General Commercial) uses identified in the Code, as amended,
are permitted, except for the uses listed in Paragraph 6 below, except that
fast food restaurants that use a microphone and speaker system to place
orders from the drive thru area are permitted, subject to the conditions
contained in Exhibit "G". If there is a conflict between Exhibit "G" and
other sections of this Plan or the Code, the regulations on Exhibit "G"
shall supersede the specific conflicting provisions. Exhibit "G" shall not
serve as a site plan approval.
3
2017033933 Page 5 of 10
5.3 Tract 2 - 8.17 acres
One of the following principal uses, but not both, is permitted on Tract 2:
5.3.1 All SR (Senior) uses identified in the Code, as amended, are
permitted, with a maximum of 131 dwelling units, except for the uses
listed in Paragraph 6 below. Permitted uses shall also include a senior
independent living facility with amenities designed for the use of the
residents. Such amenities shall have no dedicated entrances from the
outside of the building they are located in. Amenities may include, but
shall not be limited to: a convenience store, a beauty/barber shop, fitness
center, bank, gift shop, offices for home health care professionals and
transportation, housekeeping and emergency call services; or
5.3.2 All Cl (General Commercial) uses identified in the Code, as
amended, are permitted, except for the uses listed in Paragraph 6 below.
That Exhibit "F" and Exhibit "G", as attached hereto and incorporated herein,
are added to the Development Plan of PUD No. 62.
V.
That the List of Exhibits of the Development Plan of PUD No. 62, as approved in
Ordinance No. Z-05-05-26-11D1 and amended in Ordinance No. Z-08-01-24-9B2, is
hereby deleted in its entirety and replaced with the attached List of Exhibits — Revised.
VI.
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
4
2017033933 Page 6 of 10
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.
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,PASSED, and ADOPTED on first reading this L ./ day of
AT0'
, 2017.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2017.
READ, APPROVED and ADOPTED on second reading this the day of
, 2017.
...
7A7
/1--
ALAI\---/MC/31GRAW, Mayor
City of Round Rock, Texas
ATTEST:
Of4 i
./
SARA L. WHITE, City Clerk
5
2017033933 Page 7 of 10
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SECTION IV
Doc. No. 2015014158 O.P.R.W. T.C. 3...
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F..li 2017 ACRES
JOSEPH GREGOR REMAINDER OF
GENERAL WARRANTY DEED
CALED 2.7412 ACRES HICHERSON ROUND ROCK LAND, LP
Vol. 2516, Pg. 85J DR T.C.T: CALLED 7-958 ACRES CNI
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Doc. No. 2016111778 O.P.R. W. T.C. .
PEDRO ESPINOZA (DECEASED)
AFFIDAwr 0 HEIRSHIP
CALLED 1.301 ACRES
Doc, Na. 2000014735 0.P.R.WCT
LOT 5, BLOCK A
PROVIDENT CROSSINGS, SECTION I
Cab. EE, Slide 359 P.R.WCT
_______i
PROKOENT CROSSINGS RETIREMENT COMMUNITY; LLC
SPECIAL WARRANTY DEED
Doc, Na. 2010016781 0.P.R.WC.7:
CURVE TABLE EXHIBIT F
CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH
_
C2 2143.48' , 159.91' 432'31" S 16'24'08" E 169.67' TRACT 1-A
LINE TABLE BOUNDARY
LINE _ REARING DISTANCE
LI S 70V158" W 392.71' JONES CARTER
I
L2 N 19'44'39" W 285.71'
Texas Board ol Professronal Erg neer$Reg,strairon No F 439
L3 iV 8878'03" E 35a51' Texas Board of Professional Land Surveying Reg:strotioo Na 10046102
1.4 N 75'15'30" E 69.78' 1701 DerciTs 3,,J ev,,d SLIle 400•Alan,Tex Is 78744.512 441 9493
K:1 04023\04025-0038-00 Tricor PUD 62 Retail Design Phase\CADExhibits\EXH1BIT F.dwg jde.• February 20, 2017
2017033933 Page 9 of 10
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RECORDERS MEMORANDUM
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2017033933 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2017033933
Pages: 10 Fee: $57.00
04/18/2017 03:09 PM
,
Nancy E. Rister,County Clerk
Williamson County,Texas