Loading...
Z-07-09-27-14B2 - 9/27/2007 ORDINANCE NO. ;�- 07- 0947— /1/13 Z 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 12.45 ACRES OF LAND OUT OF THE ROBERT MCNUTT SURVEY, ABSTRACT NO. 422, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, AS DISTRICT C-2 (LOCAL COMMERCIAL). WHEREAS, the City of Round Rock, Texas has recently annexed 12 .45 acres of land out of the Robert McNutt Survey, Abstract No. 422 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 15th day of August, 2007, 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 District C-2 (Local Commercial) , and WHEREAS, on the 27th day of September, 2007, after proper notification, the City Council held a public hearing on the proposed original zoning, 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 0:\wdox\ORDINANC\070927B2.WPD/rmc 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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 r day of 2007 . Alternative 2 . READ and APPROVED on first reading this the day of 2007 . READ, APPROVED and ADOPTED on second reading this the day of 2007 . WELL, Mayo City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretar 3 EXHIBIT " Au i. 1 OkINC a 4.4b-acre trari til Juud aituaLad in the KuberL MCNuCL Survey, Abstract Nu.422, W1111amuun laiunLy, Texus and being a part of that certain 8.46-acct: tract of land conveyud by deed to Ounuy McQuay as recorded in Vuluuiu 114. Puge 712, ue.•d Kecurdu OT Williawuuo County, Texas. Surveyed un the giuuud iu the, munth ut Murch, 1900, by K. T. MrYneau, Jr., Registered l public Surveyor, and being inure particularly deacrlbed as followai BEGINNING at an lrou plat set In the WOOL line of maid McQuay 8.46-acre k tract, fur the S.W. corner herecif; said corner being N 1' 13' E. 514.54 foot from un ioun pin found fu Lite North line of County Road No. 122 *Arkin& �.' tite S.W. corner of said McQuay 8.46-acre tract; THENCE, N 1' 13' E. 551.00 feet with maid West line to an iron pin found e+arklag the N.W. corner of said McQuay 8.46-ecru tract, for the N.W. corner hereof; i ;I THENCE, N 58' 42' E. 160.58 feet crossing McNutt Creak to an iron pin !( found, for a corner hereof; 3I .•. + THENCE, S 43' 480 E, 218.00 feet to an iron pin found, for a corner hereof; ,1 THENCE, S 25' 571 E, 135.84 feet to an iron pin found marking the N.E. corner of said McQuay 8.46-acre tract, for the N.E. corner hereof; THENCE, South 362.49 feet with East line of said McQuay 8.46-acre tract, recrossing McNutt Creek to an iron pin sat, far the 8.8. corner hereof; THENCE, N 88. 470 W, 359.13 feet to the place of gBGINNING and containing 4.46 scram of land. TOGETHER WITH THE FOLLOWING DESCRIBED ACCESS EASEMENT i BEGINNING at an iron pin found lit the North line of County Road No. 122 "rking the S.W. corner of said McQuay 8.46-acre tract, for the B.W. corner hereof; THENCE, N 1- 131 E, 514.54 foot with the West line of said McQuay 0.46-acro tract to an iron pin marking the S.W. corner of above-described 4.46-acre tract, for the N.N. corner hereof; THENCE, S,88. 47' E, 30.00 feet with South line of above-deecribod 4.46-acre tract to a point, for the H.S. cane "a raf; THENCE, S 1' 13' W. 508.67 feet to a point in the said North line of County Ruad No. 122, for the S.B. corner hereof; THENCE, S 80' 081 W, 30.54 feat with said North line to the place of BEGINNING and cuntalning 0.35 acre of land. f i _.:cv�?wT:'':nF:..,:,7.. ...r „ .......:.,- :'::;. .'-..', a�:v.—•.r. —+,,:a�:r.asxS'iR.+.r �.. .-2::.:+.+,T m.:r•:c. . EXHIBIT 11 A " TRACT 1 81:1 Nl: a 1.UU u, i .• i IL,( I „t 1,11 1 J sltuaLud Abstra� t No. In 111c Russel McNutt Survey, 411, Wil I lau1sUll Cuunty, Texas, and being CCrtalu 8.46-acre tract of land conveyed b decd to d a Par[ of Ukat rccULded In Volukuc J1 ), laic y Danny McqujAy as Texas. Surveyed ukk like gruutidlit, thedmulnchrds Of of March, 1980, b`uunty Magtkcss, Jr. , kcgl6tercd Pub11, Surveyor, and beingY R. 1'• described as lulluws: more particuldrly BEGINNING at an iron Pin found in the North line of County Road No. 122 marking the S.W. corner of said McQuay 8.46-acre tract, for the S.W. corner hereof; THENCE, N V 13' E. 273.67 feet with the West line of said McQuay 8.46- acre tract to an iron pin set, for the M.W. corner hereof; THENCE, S 88' 47' E. 364.25 feet to an iron pin act in the East line Of said McQuay 8.46-acre tract, for the W.E. corner hereof; THENCE, South 201.52 feet With said East line to an iron pin found in the said North line of County Road No. 122, marking the S.E. corner of said McQuay 8.46-acre tract, for rhe S.E. cornor hereof; THENCE, S 80° 08' W, 375.53 feet with said North line to the place of BEGINNING and containing 2.00 acres of land. EXHIBIT " A TRACT 2 BEING a 2.00-acre tract of land situated in the Robert McNutt Survey, Abstract No. 422, Williamson County, Texas and being a part of that certain 8.46-acre tract of land conveyed by 4*od to Danny McQuay as recorded in Volume 719, Page 312, Dead Records of Williaon County, Texas. Surveyed on the ground in the owath of !larch, 1980, by R. T. Magness, Jr. , Registered Public Surveyor, *Ad bola$ more particularly described an follows; BEGINNING at an iron pin set in the West line of said KcQuay 8.46-acre tract, for the S.W. corner hereof; said corner balag 0 1' 13' E, 273.67 feet from an iron pin found in the North line of Cpunty Road No. 122 marking che.S.V. corner of said McQuay 8.46-acre tract] THENCE. N 1" 13' E, 240.87 feet wltb said Wast 11tp to an iron pin set, for the N.W. corner hereof; THENCE. S 88° 47' E, 359.13 feet to an iron pin set in the East line of said McQuay 8.46-acre tract, for the N.E. corner horeofi THENCE, South 240.92 feet with said East line to an iron pin act, for the S.E. corner hereof; THENCE. N 880 47' W, 364.25 feet to the place of BEGINNING and containing 2.00 acres of land. F EXHIBIT Tract 2 „A„ Larry and Nancy Madsen 4.000 Acres Page 1 of 3 DESCRIPTION FOR A 4.000 ACRE TRACT OF LAND SITUATED IN THE ROBERT McNUTT SURVEY, ABSTRACT NO. 422 IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF A 13.00 ACRE TRACT OF LAND AS DESCRIBED IN THAT DEED TO LARRY MADSEN AND WIFE, NANCY MADSEN RECORDED IN DOCUMENT NO. 1998002340 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY. SAID 4.000 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2-inch iron found at the northeast corner of said 13.000 acre tract, said point also being the most northerly northwest corner of an approximately 47.4 acre remainder of a 161-acre tract in the said McNutt Survey described in that deed to Chester Madsen and wife, Joyce Madsen recorded in Volume 434, Page 176 of the Deed Records of said County, said point also lying on a south right-of-way line of County Road 122; THENCE with the south right-of-way line of County Road 122 and the north line of the said 13.000 acre tract, S 75°50'26" W a distance of 254.49 feet to a calculated point for the POINT OF BEGINNING and northeast corner hereof; THENCE departing the south line of C.R. 122, over and across the said 13.000 acre tract the following two (2) courses and distances: 1. S 00°16'00" E a distance of 537.30 feet to a calculated point for the southeast corner hereof, 2. S 89°44'00" W a distance of 352.95 feet to a calculated point lying on the west line of the said 13.000 acre tract and also lying on an east right-of-way line of County Road 122, for the southwest corner hereof, from which a 1/2-inch iron rod found for the southwest corner of the 13.000 acre tract bears S 00°16'00" E a distance of 420.41 feet; THENCE with the west line of the said 13.000 acre tract and an east line of County Road 122, N 00°16'00" W a distance of 450.00 feet to a calculated point for the northwest corner hereof` from which a capped iron rod (name illegible) was found bearing N 11°17'50" E, a distance of 1.33 feet; THENCE with the north boundary line of said 13.000 acre tract and the south right-of- way line of County Road 122, N 75°50126" E a distance of 363.59 feet to the POINT OF BEGINNING hereof and containing 4.000 acres of land. Tract 2 Larry and Nancy Madsen 4.000 Acres Page 2 of 3 The bearings shown in this description are based on the bearing of the east line of the said 13.000 acre tract as evidenced by property corner monuments recovered in the course of this survey. Surveyed under the direct supervision of the undersigned: ��r J. 08/7/07 William A. Forshey Date � Registered Professional Land Surveyor o. 5097 Baker-Aicklen & Assoc., Inc. 405 Brushy Creek Road Cedar Park, Texas 78613 �(E OF .�• S T�F WILLIAM A.FORSHEY W:APROJECTS\CORK\MADSEN ZONING TRACTS\DOC\TRACT 2 -4 AC.DOC »»«��..."""""'••"•�•••+••»• 5097 9�i�•SUR�►�.4 SKETCH TO ACCOMPANY DESCRIPTION TRACT 2 i i POINT OF 0 100 200 BEGINNING TRACT 2 C R, WILLIAMSON COUNTY — _ — — — — — — — FND. CAPPED I.R. 26. .5p26 W "%- POINT OF C.R. 1 17 — —N NAM 50EGEB1E333� C1�1 �`5" c S �54'4g� COMMENCING — \ �5.5p'26 G N 363.59 M o 1_: FND. CAPPED I.R. O M (NAME ILLEGIBLE O Lf)N 1 1'17 50' E I 1n � W TRACT 2 a 0 4.000 ACRES p MEn O t° TRACT 1zo bb 9.001 ACRES Ww m DETAIL I 1 O N oo ti N.T.S. w Z O o O �<i SETTLERS CROSSING ! o S 89'44'00" W 352.95' — SETCTION 3 CAB.AA, SL. 375 I o J�J� P.R.W.C.T. , z o � f — J N w < � - LARRY MADSEN AND CHESTER MADSEN AND PAUUNG W. 04 $ FO 1 WIFE, NANCY MADSEN WIFE, JOYCE MADSEN m 13.000 ACRES APPROX. 47.4 ACRE REM. 1 DOC. NO. 1998002340 OF 161.11 ACRE TRACT U O.P.R.W.C.T. VOL. 434, PG. 176 S 69'35'31` W 600.00D.R.W.C.T.' (S 89°35'00' W 600.00') — — — — — — — — — — — — — — — � CI w ROBERT MADSEN AND CD ! WIFE, REBECCA MADSEN 5.0 ACRES VOL. 868, PG.457 LEGEND I D.R.W.C.T. ! • 1/2"IRON ROD FOUND ! p IRON ROD FND.W/CAP I DATE: 08/27/07 0 CALCULATED POINT JOB NO.: 0601-3-114-20 BY: WAF ( ) DOC. 1998002340 I PAGE 3 OF 3 O.P.R.W.C.T. OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY TEXAS D.R.W.C.T. OFFICIAL PUBLIC RECORDS OF BAKER-AICKLEN 405-111-1CREEKRD. WILLIAMSON COUNTY TEXAS 6 ASSOCIATES, INC. CE-PARK.TX78r13 P.R.W.C.T. PLAT RECORDS OF Engineers • Surveyors • GIS • Planning (512)2Co-3700 WILLIAMSON COUNTY TEXAS W:.-_PROJECTS-CORR-=MADSEN ZONING TRACTS DWG-MADSEN ZONING BASE.DWG 14 ACRE]August 27.2007-3:13pm Madsen , Jarl ,, Hampton & Parker Tracts Original Zoning Request : C- 2 I1111111111111111 11111's" s p 4 f UNZONED Ld � Subject Tracts 12.45 ac FT-1�2 UNZONED C-2 E - Iti E Old Settlers Blvd GSLl DATE: September 20, 2007 SUBJECT: City Council Meeting - September 27, 2007 ITEM: 14B2. Consider an ordinance zoning 12.45 acres of land, located north and south of CR 122 at its intersection with Red Bud Lane, to Local Commercial (C-2). (Madsen, Jarl, Hampton & Parker Tracts) (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: These tracts are designated for residential in the General Plan. Neighborhood commercial sites are appropriate in residentially designated areas when located at the intersection of a collector street and an arterial roadway. Funding• Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The tract was annexed into the City within the past year. The Planning and Zoning Commission recommended approval of the zoning at their August 15, 2007 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 August 15, 2007. No public comments were received.