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Z-09-08-13-9B1 - 8/13/2009ORDINANCE NO. 01- O0- 13r 1P4 AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.415.2 AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING SOUTHWEST DOWNTOWN USES IN PUBLIC FACILITIES - HIGH INTENSITY DISTRICT; AND TO ADD THE DEFINITION OF "SOUTHWEST DOWNTOWN AREA"; 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: 1. That Chapter 11, Section 11.415.2, Subsection (2)(b), 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 (b) The following uses are permitted with conditions: Use Commercial Parking Special Standard 11.423(6) Eating Establishments - Southwest Downtown Area only 11.423(9)(e)(i)(iii)(iv)(v)(vi)(vii) Parking, General 11.423(6) Group Living 11.423(13) Hospital Heliport 11.423 (13.1) Place of Worship (with unrestricted square footage of accessory uses) 11.423(20)(b) Retail Sales and Services - Southwest Downtown Area only 11.423.(21)(d) School, High 11.423(22)(c) Schools: Business, Trade and Post -Secondary Educational Facilities 11.423(22)(d) Self -Enclosed Monopole 11.423(31) Utilities, Minor 11.423(27)(a) Utilities, Intermediate 11.423(27)(b) Utilities, Major 11.423(27)(b) Wireless Transmission Facilities, Stealth 11.423(31) Wireless Transmission Facilities, Attached 11.423(31) 0:\wdox\SCC1nts\0112\0905\MUNICIPAL\090813B1.00C/rmc EL That Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add the definition of "Southwest Downtown Area" to read as follows: 11.802 DEFINITIONS Term Definition Southwest Downtown Area The geographic area bounded by Interstate Highway 35 to the west, Round Rock Avenue to the north, Mays Street to the east, McNeil Road to the southeast and Lake Creek to the southwest. 111. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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. 2 of READ, PASSED, and ADOPTED on first reading this day , 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 , 2009. ATTEST: SARA L. WHITE, City Secretary ALAN MCGRAW, Mayor City of Round Rock, Texas 3 DATE: August 7, 2009 SUBJECT: City Council Meeting — August 13, 2009 ITEM: 961. Consider an ordinance amending Chapter 11, Section 11.415.2, Code of Ordinances, the PF -3 (Public Facilities — High Intensity) zoning district, to allow limited eating establishments and retail sales uses within the Southwest Downtown Plan Area. (First Reading) Department: Staff Person: Justification: Planning and Community Development Jim Stendebach, Planning and Community Development Director The amendment allows for eating establishments and retail sales in the PF -3 zoning district within the Southwest Downtown Plan Area and provides a definition for the boundaries of that area. The conditions allowing the two uses are the same as those for the MU -la (Mixed Use — Southwest Downtown) zoning district, with the exception of the limitation on outdoor dining after 10PM. The Planning and Zoning Commission recommended that outdoor dining in the PF -3 zoning district not be restricted in the Southwest Downtown Plan Area. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The Planning and Zoning Commission recommended approval of the amendment at their meeting on May 20, 2009 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 May 20, 2009.