Z-07-11-20-10D3 - 11/20/2007 ORDINANCE NO. Z- 6�_ I(' So "WD3
AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.409,
11.409.1, AND 11.423, CODE OF ORDINANCES (1995 EDITION),
CITY OF ROUND ROCK, TEXAS, TO CONDITION THE
PERMITTED USE OF EATING ESTABLISHMENTS AND INDOOR
ENTERTAINMENT ACTIVITIES FACILITIES, LIMITING THE
PROXIMITY OF EACH TYPE OF USE TO RESIDENTIAL
PROPERTY LINES; AND PROVIDING FOR A SAVINGS CLAUSE
AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
Chapter 11, Section 11 .409 (2) , Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended to read as
follows :
11.409 C-1 (GENERAL COMMERCIAL) DISTRICT
(2) Permitted Uses
(a) The following uses are permitted by right:
Co7Care
vices
Da
Funeral Home
Government Facilities
Office
Office, Medical
Ovemi ht Accommodations
Park, Linear/Linkage
Park, Community
Park, Neighborhood
Place of Worship
Retail Sales and Services
Schools: Business Trade and Post-Secondary Educational Facilities
0:\wdox\ORDINANC\071120D3.WPD/rmc
(b) The following uses are permitted with conditions:
Use Special Standard
Auto Service Facilities 11.423(3)
Bed and Breakfast 11.423(4)
Carwash 11.423(5)
Commercial Parking 11.423(6)
Eating Establishments 11.423(9)
Indoor Entertainment Activities 11.423(13.2)
Passenger Terminals 11.423(18)
Place of Worship (with accessory uses not exceeding 2,500 sf.) 11.423(19)
Place of Worship (with accessory uses exceeding 2,500 sf.) 11.423(20)
Self-Enclosed Monopole 11.423(31)
Self-Service Storage 11.423(23)
Single Family Attached(2 dwelling units) 11.423(24)
Single Family Detached 11.423(24)
Upper-Story Residential 11.423(26)
Utilities, Minor 11.423(27)(a)
Utilities, Intermediate 11.423(27)(b)
Vehicle Sales, Rental, or Leasing Facilities 11.423(29)
Wireless Transmission Facilities, Attached 11.423(31)
Wireless Transmission Facilities Stealth 11.423 31
II.
Chapter 11, Section 11 .409 . 1, Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended to read as
follows :
11.409.1 C-la (GENERAL COMMERCIAL - LIMITED) DISTRICT
(2) Permitted Uses
(a) The following uses are permitted by right:
ommunity Services
Day are
Funeral Home
Government Facilities
Office
Overnight Accommodations
War ommunit
Park, Linear/Linka&e
Park, ei or o0
Place of Worship
Schools: Business Trade and Post-Secondary Educational Facilities
2
(b) The following uses are permitted with conditions:
StandardUse Special
Auto Service Facilities -- 11.423(3)
Bed and Breakfast 11.423(4)
Carwash - - - _ - - 11.423(5)
Commercial-Parking - - 11.423(6)
Eating Establishments 11.423(9)
Indoor Entertainment Activities 11.423(13.2)
Office, Medical - - - 11.423(15)
Passenger Terminals 11.423(18)
Place of Worship, with accessory_uses not exceeding 2,500 sf. 11.423(19)
Place of Worship, with accessory uses exceeding 2,500 sf., but 11.423(20)
not greater than 10,000 s.f.
Retail Sales and Services 11.423(21)
Self Enclosed Monopole 11.423(31)
Single Family Attached, 2 dwelling units 11.423(24)
Single Family Detached 11.423(24)
Upper-Story Residential 11.423(26)
Utilities, Minor 11.423(27)(a)
Utilities, Intermediate 11.423(21)(b)
Vehicle_Sales, Rental, or Leasing Facilities 11.423(29)
Wireless Transmission Facilities, Attached 11.423(31)
Wireless Transmission Facilities Stealth 11.423 31
III.
Chapter 11, Section 11 .423 (9) (a) , Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended to read as
follows:
(9) Eating Establishments
(a) Free Standiniz Eating Establishments. In the C-1 and C-1 a districts, free-
standing eating establishments which include outdoor eating, drinking, or
entertainment areas, patios, or drive-through lanes and associated facilities shall
be located more than 150 feet from any residential property line.
(b) Eating Establishments in a multi-tenant building. In the C-1 and the C-1 a
districts, any outdoor eating, drinking, or entertaining areas, patios, or drive-
through lanes and associated facilities with an eating establishment in a multi-
tenant building shall be located more than 150 feet from any residential
property line.
(c) Eating establishments permitted in the C-2 district are subject to the following
requirements:
(i) On sites smaller than two acres, the gross floor area shall not exceed
2,500 square feet for eating establishments.
(ii) On sites larger than two acres, the gross floor area of each eating
establishment shall not exceed 5,000 square feet.
(iii) On sites with fifty (50) percent or greater frontage on an arterial
roadway, the gross floor area for eating establishments shall not exceed
7,500 square feet.
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(iv) No drive-through service is allowed.
(v) Signs shall not be internally illuminated.
(d) Eating establishments permitted in the BP district are subject to the following
requirements:
(i) The gross floor area shall not exceed 2,500 square feet.
(ii) The eating establishment shall clearly be a secondary, support use for
the regular operation of the business park.
(iii) The eating establishment may not be located in a building with no other
uses.
(e) Eating establishments permitted in the MU-la district are subject to the
following requirements:
(i) Outdoor rear or side dining areas abutting a single-family or townhouse
residential use shall be screened by a solid fence at least six (6) feet in
height.
(ii) Service hours for outdoor dining areas shall not extend past 10 p.m.
(iii) No drive-through service is allowed.
(iv) No outdoor audio paging systems are allowed.
(v) No eating establishments are permitted to abut an existing single-family
residence, as identified and listed by separate resolution adopted by
City Council. Sandwich and coffee shops are permitted to abut an
existing single-family residence provided they do not have a full
commercial kitchen.
(vi) Outdoor cooking areas shall only be permitted by special exception.
(vii) Shared patio areas shall be permitted.
IV.
Chapter 11, Section 11 .423 (13 . 2) , Code of Ordinances (1995
Edition) , City of Round Rock, Texas, is hereby amended to read as
follows :
(13.2) Indoor Entertainment Activities
(a) In the C-1 or C-1 a districts, a free-standing indoor entertainment activities
facility, including the building footprint, outdoor eating, drinking and
entertainment areas/patios, drive through lanes and associated facilities, trash
dumpsters and receptacles, and loading/unloading facilities, shall not be
permitted within 150 feet of a residential property line.
(b) In the C-1 and C-la districts, an indoor entertainment activities facility within a
multi-tenant building shall not be permitted within 50 feet of a residential
property line. Outdoor eating, drinking, and entertainment areas/patios and
4
drive-through lanes and associated facilities shall not be permitted within 150
feet of a residential property line.
(c) An indoor entertainment activities facility in the MU-la district is subject to the
following standards.
(i) Firing ranges and video arcades with more than five (5) machines are
not permitted in an MU-la district.
(ii) Noise from indoor entertainment activities shall be contained by
keeping all establishment doors and windows closed before 7 a.m. and
after 9 p.m.
(iii) Outdoor rear or side patio areas shall be screened by a masonry fence
at least six (6) feet in height with service hours not beginning before 7
a.m. and not extending past 9 p.m.
V.
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.
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.
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Graphic A: eating establishments& indoor entertainment facilities
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ordering
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pad site
pickup I
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free-standing buildings & pad sites:
all parts of pad sites (including building, drive-thrus, outdoor dining and
menu boards) must be set back at least 150 ft. from residential lots
Graphic B: eating establishments & indoor entertainment facilities
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other tenants
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orderingpicku W_
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board window
multi-tenant centers:
building must be set back at least 50 ft. from residential lots;
outdoor dining and drive-thru facilities must be set back at least 150 ft.
READ, PASSED, and ADOPTED on first reading this �zo* day
of IVQY"' ` , 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 .
W L, Mayo
City of Round Rock, Texas
ATTEST:
, ff� - U Ott
SARA L. WHITE, City Secretary
6
DATE: November 14, 2007
SUBJECT: City Council Meeting - November 20, 2007
ITEM: 1OD3. Consider an ordinance amending Chapter 11, Sections 11.409, 11.409.1,
and 11.423, Code of Ordinances regulating eating establishments and
indoor entertainment activity facilities and to limit their proximity to
residential lot lines. (First Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Justification:
This set of amendments provides increased protection to residential lots adjacent to eating and
drinking establishments and indoor entertainment facilities (e.g. arcades, pool halls, theaters, etc).
Homeowners have experienced increased interface problems when these uses abut their lots. Presently, the
Zoning Ordinance requires only a 50 foot separation from a residential property line to an eating and drinking
establishment or indoor entertainment facility. The 50 foot separation has fallen short of providing residential
property owners with the protection they need. The spill over effects from both uses, including noise,
vehicular traffic (including drive through traffic) and the gathering of late night crowds warrant increased
separation standards.
Staff proposes the following amendments to the C-1 (General Commercial) and C-1a (General
Commercial Limited) zoning districts to ensure more effective compatibility:
For free-standing buildings (pad-sites)
• For free-standing eating and drinking establishments and indoor entertainment facilities, staff
proposes to increase the building separation to 150 feet from a residential property line. See
attached Graphic A.
• No outdoor eating, drinking and entertainment areas and/or patios, drive through lanes and
associated facilities, trash dumpsters and receptacles, and loading/unloading facilities shall be
permitted within the 150 separation.
For establishments located within a multi-tenant building (shopping center)
• For eating and drinking establishments and indoor entertainment facilities located within a multi-
tenant building, staff proposes to maintain the existing 50 foot separation, but to require that any
outdoor eating, drinking and entertainment areas/patios and drive-through lanes and associated
facilities be located 150 feet away from a residential property line. See attached Graphic B.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Existing commercial separation standards have not provided enough protection to residential lots.
The City has had to negotiate with commercial developers (post construction) to mitigate interface
problems.
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 October 30, 2007.