G-08-11-13-11C15 - 11/13/2008ORDINANCE NOL -01h - (1' 13 ii CW
AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.410,
11.411, 11.423 AND 11.502, CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING DAY
CARE FACILITIES; 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.
That Chapter 11, Section 11.410(2), Code of Ordinances
(1995 Edition), City of Round Rock, Texas, is hereby amended by
adding a new subsection (c) which shall read as follows:
11.410 C-2 (LOCAL COMMERCIAL) DISTRICT
(2) Permitted Uses
(c) The following uses are permitted subject to Special Exception criteria and
approval by the Zoning Board of Adjustment:
Use
Day care facilities over 10,000 square feet with frontage on
a designated arterial roadway.
II.
That Chapter 11, Section 11.411(2), Code of Ordinances
(1995 Edition), City of Round Rock, Texas, is hereby amended by
adding a new subsection (c) which shall read as follows:
11.411 OF (OFFICE) DISTRICT
(2) Permitted Uses
(c) The following uses are permitted subject to Special Exception criteria and
approval by the Zoning Board of Adjustment:
Use
Day care facilities over 10,000 square feet with frontage on
a designated arterial roadway.
O:\WDOX\ORDINANC\81113C15.DOC/rmc
III.
That Chapter 11, Section 11.423, Subsection (8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
(8) Day Care
A day care facility shall be permitted, subject to the following conditions, in addition to
the general development standards applicable in the districts.
(a) All day care facilities shall meet the minimum state requirements for such
facilities.
(b) Day care facilities located in C-2 and OF districts that do not have frontage on
a designated arterial roadway may not exceed 5,000 square feet. All day care
facilities located in C-2 and OF districts shall meet following requirements as
required for the size of the facility:
(i) All day care facilities regardless of size shall provide a 25 -foot
unencumbered landscape buffer along property lines that adjoin existing
or planned single or two family homes. However, this increased buffer
shall not be required if the outdoor play/instruction area is located
adjacent to a principal building elevation that is the furthest away from
the single or two family lots.
(ii) All day care facilities less than 7,500 square feet shall provide a
masonry fence at least six feet in height along property lines that adjoin
existing or planned single or two family homes with a residential
zoning designation.
(iii) All day care facilities that exceed 7,500 square feet shall provide a
masonry fence at least eight feet in height along property lines that
adjoin existing or planned single or two family homes.
(iv) All day care facilities that exceed 7,500 square feet shall submit a
Traffic Impact Analysis (TIA) for review and approval by the
Transportation Division. The TIA shall address the projected traffic
impacts to the surrounding neighborhood and how these impacts will be
mitigated. This TIA is required regardless of whether or not the
proposed facility generates at least 100 trips during the peak hour.
(v) All day care facilities 10,000 square feet and larger shall require
Special Exception approval by the Zoning Board of Adjustment (ZBA)
and shall meet the aforementioned standards.
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IV.
That Chapter 11, Section 11.502, Subsection (2), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
(2) Off -Street Parking Requirements
(a) Off -Street Parking Requirements Table
Off -Street Parking Requirements
Use
General Requirement Additional Requirement
Public and Civic Uses
Day Care
3.5 per 1000 ft2 GFA
Vehicle stacking spaces included in any
student drop-off area may qualify as
permitted parking spaces provided the
drop-off area meets the specifications
described in (11.502.8.e) below.
V.
That Chapter 11, Section 11.502, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended by adding
a new subsection 8(e) (iii) which shall read as follows:
(8) Parking Space and Parking Lot Design
(e) Access and Circulation
(iii) Site Plans for day care facilities must designate a student drop-off area.
The drop-off area shall be separated from all internal drive aisles by a
physical barrier such as a median, curbing, a building or other similar
site improvements, and shall not impede on or off-site traffic
movements including access for emergency vehicles. Each stacking
space shall be a minimum of 10 feet by 20 feet.
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.
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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.
READ, PASSED, and ADOPTED on first reading this (; day
of N , 2008.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2008.
READ, APPROVED and ADOPTED on second reading this the
day of , 2008.
SARA L. WHITE, City Secretary
"Yyl
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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DATE: November 6, 2008
SUBJECT: City Council Meeting — November 13, 2008
ITEM: 11C15. Consider an ordinance amending Chapter 11, Sections 11.410, 11.411,
11.423, 11.502, Code of Ordinances (1995 Edition), regarding Day Care
Facilities. (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
Amendment #1: Remove square footage limitations for daycare centers located on arterial
roadways in the C-2 (local commercial) and OF (Office) zoning districts
Currently, the Zoning Ordinance establishes two square footage limitations for daycare centers
in the C-2 and OF zoning districts. The first limits centers with frontage on roadways other than
arterial roadways to 5,000 square feet. There is no proposed amendment concerning this
limitation.
The second limits daycare centers with greater than 50% lot frontage on arterial roadways to
no more than 7,500 square feet. This amendment provides the opportunity for day care
facilities larger than 7,500 square feet if certain standards are met. The goal of these standards
is to ensure that the larger facilities maintain neighborhood compatibility. These standards are
as follows:
D Day care facilities shall have a 25 -foot landscape buffer unless the play area is located
on the opposite side of the building from residential areas.
D Day cares facilities less than 7,500 square feet shall provide a six-foot masonry fence
next to residential areas.
D Day care facilities larger than 7,500 square feet shall provide an eight -foot masonry
fence next to residential areas.
D Day care facilities larger than 7,500 square feet shall mitigate traffic impacts through the
Traffic Impact Analysis (TIA) process.
D Day care facilities 10,000 square feet and larger shall meet all above criteria and receive
a Special Exception from the ZBA.
Amendment #2: Amend the existing parking standards for daycare centers in districts where
daycare is currently permitted and specify requirements for student drop-off areas
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Currently, the Zoning Ordinance requires one parking space per eight pupils at the daycare
center. Since attendance is constantly changing, it is impossible to ensure that parking
adequately serves the center at any given time. Staff proposes to modify the standard to
reflect the recommended Institute of Traffic Engineers (ITE) standard which is 3.5 spaces per
1000 GFA (gross floor area). This standard is based on a study of parking requirements at 37
daycare centers.
Vehicle stacking spaces included in any drop-off area may qualify as permitted parking spaces
provided the drop-off area meets the specifications described in the ordinance. The intent of
this provision is to limit required parking for centers that incorporate a well-designed drop-off
area.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Currently, the City has received interest from different parties regarding the development of
day care facilities larger than 7,500 square feet in the C-2 and OF zoning districts. After
analyzing this prospect, it is staff's professional opinion that when property fronts onto an
arterial roadway, the existing limitation is unnecessarily restrictive and may result in
unintended consequences. Principally, the market trend is demanding larger facilities.
Additionally, staff believes it is important to have this use in close proximity to residential areas.
However, if this provision was not amended, it is likely that these facilities would begin to
develop in other zoning districts that provide the opportunity. Zoning districts that currently
allow larger facilities are typically located a further distance from neighborhoods. As a result,
longer vehicle trips would be needed to utilize this daily service. Therefore, staff believes it is
prudent to allow larger day facilities in these areas, but require additional standards that
ensure neighborhood compatibility. The requirement for a special exception for daycare
centers over 10,000 square feet includes a public hearing to ensure the affected neighborhood
is fully informed when Targe facilities are proposed.
Public Comment: N/A