G-09-01-22-8B2 - 1/22/2009ORDINANCE NO.
-W-o1-n-E3..
AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.402,
11.412, 11.413, 11.414, 11.415.2, 11.423, AND 11.802 CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,
TO AMEND PERMITTED USES, TO AMEND THE DEFINITIONS
OF "HAZARDOUS MATERIAL" AND "LIGHT INDUSTRIAL
SERVICE, MANUFACTURING AND ASSEMBLY", AND TO ADD
THE DEFINITION OF "RESEARCH AND DEVELOPMENT"; 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 11.402, Subsection (4)(a), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
11.402 DISTRICT SUMMARIES
(4) Prohibited Uses
(a) Uses Not Permitted
The following uses shall not be permitted, as determined by the Zoning
Administrator, Building Official or Fire Marshall:
(i) Uses which constitute a hazard, danger or nuisance to the public
because of noise, odor, glare, particulate matter, traffic impediments or
similar reasons;
(ii) Uses which may cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating
reversible illnesses; and
(iii) Uses which involve hazardous materials, as defined in Section 11.802
and by the National Fire Protection Association Guide or any successor
publication thereto officially used by the Building Official or Fire
Marshall.
0:\WDOX\ORDINANC\090122132.DOC/rmc
II.
That Chapter 11, Section 11.412, Subsection (2) (b) , Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
11.412 BP (BUSINESS PARK) DISTRICT
(2) Permitted Uses
(b) The following uses are permitted with conditions•
Use
Amenity Center
Special Standard
11.423(1)(c)
Commercial Parking
11.423(6)
Eating Establishments
11.423(9)(b)
Research and Development
11.423(20.2)
Retail Sales and Service
11.423(21)(c)
Self -Enclosed Monopole
11.423(31)
Utilities, Minor
11.423(27)(a)
Utilities, Intermediate
11.423(27)(b)
Vehicle Sales, Rental or Leasing Facilities
11.423(29)
Wireless Transmission Facilities, Stealth
11.423(31)
Wireless Transmission Facilities, Attached
11.423(31)
That Chapter 11, Section 11.413, Subsection (2)(b), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
11.413 LI (LIGHT INDUSTRIAL) DISTRICT
(2) Permitted Uses
(b) The following uses are permitted with conditions
Use
Carwash
Special Standard
11.423(5)
Monopole
11.423(31)
Research and Development
11.423(20.2)
Self -Enclosed Monopole
11.423(31)
Self -Service Storage
11.423(23)
Utilities, Minor
11.423(27)(a)
Utilities, Intermediate
11.423(27)(b)
Utilities, Major
11.423(27)(b)
Vehicle Repair Facilities and Body Shops
11.423(28)
Waste -Related Services
11.423(30)
Wireless Transmission Facilities, Stealth
11.423(31)
Wireless Transmission Facilities, Attached
11.423(31)
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IV.
That Chapter 11, Section 11.414, Subsection (2)(b), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, is hereby
amended to read as follows:
11.414 I (INDUSTRIAL) DISTRICT
(2) Permitted Uses
(b) The following uses are permitted with conditions•
Use
Carwash
Special Standard
11.423(5)
Monopole
11.423(31)
Research and Development
11.423(20.2)
Self -Enclosed Monopole
11.423(31)
Self -Service Storage
11.423(23)
Utilities, Minor
11.423(27)(a)
Utilities, Intermediate
11.423(27)(b)
Utilities, Major
11.423(27)(b)
Vehicle Repair Facilities and Body Shops
11.423(28)
Wireless Transmission Facilities, Attached
11.423(31)
Wireless Transmission Facilities, Stealth
11.423(31)
V.
That Chapter 11, Section 11.415.2, Subsection (2)(a), Code
of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended to read as follows:
11.415.2 PF -3 (PUBLIC FACILITIES - HIGH INTENSITY) DISTRICT
(2) Permitted Uses
(a)
The followin uses are . ermitted b ri : ht:
Use
Cemeteries, Mausoleums, Columbaria, Memorial Parks
Community Service
Day Care
Governmental Facilities
Hospitals
Office, Public
Office, Medical
Parks, Community
Parks, Linear /Linkages
Parks, Neighborhood
Place of Worship
Research and Development
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VI.
Chapter 11, Section 11.423, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to add
subsection (20.2) to read as follows:
11.423 SUPPLEMENTARY USE STANDARDS
(20.2) Research and Development
No facilities for overnight stays by human test subjects shall be provided, nor shall
such overnight stays be permitted.
VII.
That Chapter 11, Section 11.802, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to amend
the definition of "Hazardous Material" to read as follows:
11.802 DEFINITIONS
Term
Definition
Hazardous material
Any substance or combination of substances that, because of its quantity,
concentration, or physical, chemical or infectious characteristics, poses a significant
present or potential hazard to human health and safety or to the environment if released
into the workplace or the environment. The term includes, but is not limited to,
explosives and blasting agents, compressed gasses, flammable and combustible fuels
and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric
materials, unstable (reactive) materials, water -reactive solids and liquids, cryogenic
fluids, highly toxic and toxic materials, radioactive materials, corrosives, carcinogens,
irritants, sensitizers, biological agents and other health hazards.
VIII.
That Chapter 11, Section 11.802, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to amend
the definition of "Light industrial service, manufacturing and
assembly" to read as follows:
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11.802 DEFINITIONS
Term
Definition
Light industrial service,
manufacturing and
assembly
Firms engaged in the manufacturing, assembly, repair or servicing of industrial,
business, or consumer machinery, products, or by-products mainly by providing
centralized services for separate retail outlets. Includes contractors and building
maintenance services and similar uses that perform services off-site. Few customers,
especially the general public, come to the site. Typical uses include Welding, machine,
and tool repair shops; Repair of scientific or professional instruments; Building,
heating, plumbing, or electrical contractors; Printing, publishing, and lithography;
Exterminators; Janitorial and building maintenance services; Laundry, dry-cleaning,
and carpet cleaning plants; Photo -finishing laboratories; Maintenance facilities;
Contractors and others who perform services off-site, but store equipment and
materials or perform fabrication or similar work on-site; Vehicle and equipment
maintenance facilities; Fuel oil distributors; Production or fabrication of metals or
metal products including enameling and galvanizing; Large-scale catering
establishments; Woodworking, including cabinet makers and furniture manufacturing;
Clothing or textile manufacturing; Movie production facilities; Manufacture or
assembly of equipment, instruments (including musical instruments), appliances,
precision items, and other electrical items; Production of artwork and toys; and Sign
making.
IX.
That Chapter 11, Section 11.802, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to add
the definition of "Research and Development" to read as follows:
11.802 DEFINITIONS
Term
Defmition
A business that engages in research and/or development of innovative ideas and
products. The business may include testing laboratories for product development,
including the construction and testing of prototypes. Typical uses include
Research and
biotechnology, pharmaceuticals, medical instrumentation or supplies, communications
Development
and information technology, electronics and instrumentation and computer hardware
and software. Allowed uses do not include the mass manufacture, fabrication,
processing or on-site retail sale of products. Research involving the use of animals or
human cadavers is not permitted unless conducted wholly within a building.
X.
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 Ze'`1 day
I/MA/9
of
, 2009.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2009.
READ, APPROVED and ADOPTED on second reading this the
day of
ATTEST:
3414,t
, 2009.
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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DATE: January 15, 2009
SUBJECT: City Council Meeting — January 22, 2009
ITEM: 8B2. Consider an ordinance amending Chapter 11, Round Rock Code of
Ordinances, to establish a definition for "Research and Development"
and to identify the zoning districts in which the use will be allowed; and
to amend the definition of "Hazardous Material" and "Light Industrial
Service, Manufacturing and Assembly." (First Reading)
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
The Zoning Ordinance currently provides no definition for the Research and Development land
use and it is therefore not clear what specific uses are appropriate. With the increased
development of hospitals and medical facilities, the City has received inquiries about specific
types of research and development facilities. The proposed amendments provide an
appropriate definition for Research and Development and establish it as a use by right in the
PF -3 (Public Facilities — High Intensity) district and as a use permitted with the condition that
there be no overnight stays by human test subjects in the BP (Business Park), LI (Light Industrial)
and I (Industrial) districts.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The Planning and Zoning Commission unanimously recommended approval of the proposed
amendments at their December 17, 2008 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 December 17,
2008.