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G-11-03-10-9A2 - 3/10/2011ORDINANCE NO. (T-1 --t AN ORDINANCE ORDINANCE AMENDING CHAPTER 46, SECTIONS 46-138, 46-141, 46-142, 46-155, AND 46-160, CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, BY ALLOWING SINGLE-FAMILY DETACHED DWELLING UNITS IN THE TWO-FAMILY ZONING DISTRICT; 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 46, Section 46-138(b)(2), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-138. - TF (Two-family) district. (b) Permitted uses. (2) The following uses are permitted with conditions: Use Special Standard Amenity center 46-160(a) Day care (in home) six or fewer children 46-160(i)(1) Group home (six or fewer persons) 46-160(m) Park, community 46-160(t) Park, linear/linkages 46-160(u) Place of worship (with accessory uses not exceeding 2,500 46-160(w) square feet) School, elementary 46-160(bb)(1) School, middle 46-160(bb)(2) Single family, detached home 46-160 (dd)(2) Utilities, minor 46-160(hh)(1) Utilities, intermediate 46-160(hh)(1) Wireless transmission facilities, attached 46-160(kk) Wireless transmission facilities, stealth 46-160(kk) II. That Chapter 46, Section 46-141(b)(2), of the Code of Ordinances, City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-141. - C-1 (General commercial) district. (b) Permitted uses. O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00215768.DOC/rmc (2) The following uses are permitted with conditions: Use Auto service facilities Bed and breakfast Carwash Commercial parking Eating establishments Indoor entertainment activities Passenger terminals Place of worship (with accessory uses not exceeding 2,500 sf.) Place of worship (with accessory uses exceeding 2,500 sf.) Residential to office conversion School, primary/secondary, private Self -enclosed monopole Self-service storage Single family attached (two dwelling units) Single family detached Upper -story residential Utilities, minor Utilities, intermediate Vehicle sales, rental, or leasing facilities Wireless transmission facilities, attached Wireless transmission facilities, stealth Special Standard 46-160(d) 46-160(e) 46-160(f) 46-160(g) 46-160(j) 46-160(p) 46-160(v) 46-160(w) 46-160(x) 46-160(y) 46-160(bb)(5) 46-160(kk) 46-160(cc) 46-160(dd)(1) 46-160(dd)(1) 46-160(gg) 46-160(hh)(1) 46-160(hh)(2) 46-160(ii) 46-160(kk) 46-160(kk) III. That Chapter 46, Section 46-142 (b)(2), of the Code of Ordinances, City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-142. - C -la (General commercial - limited) district. (b) Permitted uses. (2) The following uses are permitted with conditions: Use Auto service facilities Bed and breakfast Carwash Commercial parking Eating establishments Indoor entertainment activities Office, medical Passenger terminals Place of worship, with accessory uses not exceeding 2,500 sf. Place of worship, with accessory uses exceeding 2,500 sf., but not greater than 10,000 s.f. Residential to office conversion Retail sales and services School, primary/secondary, private Self -enclosed monopole Single family attached, two dwelling units Single family detached 2 Special Standard 46-160(d) 46-160(e) 46-160f) 46-160(g) 46-1600) 46-160(p) 46-160(s) 46-160(v) 46-160(w) 46-160(x) 46-160(y) 46-160(aa) 46-160(bb)(5) 46-160(kk) 46-160(dd)(1) 46-160(dd)(1) Upper -story residential 46-160(gg) Utilities, minor 46-160(hh)(1) Utilities, intermediate 46-160(hh)(2) Vehicle sales, rental, or leasing facilities 46-160(ii) Wireless transmission facilities, attached 46-160(kk) Wireless transmission facilities, stealth 46-160(kk) IV. That Chapter 46, Section 46-155 (b)(2), of the Code of Ordinances, City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-155. - MU -la (Mixed-use southwest downtown) district. (b) Permitted uses. (2) The following uses are permitted with conditions: Use Special Standard Bed and breakfast 46-160(e) Commercial parking 46-160(g)(3) Day care 46-160(i) Eating establishments 46-160(j)(3) Group living 46-160(n)(2) Indoor entertainment activities 46-160(p) Live/work units 46-160(q) Office, medical 46-160(r) Retail sales and services 46-160(aa)(3) Single -story mixed-use residential 46-160(ee) Townhouse (maximum 14 units per acre) 46-160(ff) Upper -story residential 46-160(gg) Utilities, minor 46-160(hh)(1) Utilities, intermediate 46-160(hh)(2) Utilities, major 46-160(hh)(3) Wireless transmission facilities, stealth 46-160(kk) V. That Chapter 46, Section 46-160, Subsection (dd), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-160. — Supplementary Use Standards (dd) Single-family attached and single-family detached dwelling units. (1) C-1 and C -1a Districts. Single-family attached (two dwelling units) and single-family detached dwelling units in the C-1 and C -la districts are permitted only in the downtown development area. (2) Single-family detached dwelling units in the TF (Two-family) zoning district: Single-family detached dwelling units in the TF district are permitted only if they comply with the density and development standards of the SF -2 (Single Family — Standard Lot) district, Section 46-136 (c). 3 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. 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 I day of titfwr�`d Alternative 2. 2011. , 2011. READ and APPROVED on first reading this the day of , READ, APPROVED and ADOPTED on second reading this the day of , 2011. SARA L. WHITE, City Secretary ___() iii ALAN MCGRAW, Mayor City of Round Rock, Texas 4 ROUND ROCK, TEXAS PURPOSE. I \SSION. PROSPERITY Agenda Item No. 9A2. City Council Agenda Summary Sheet Consider an ordinance amending Chapter 46, Code of Ordinances, by allowing Single - Agenda Caption: Family Detached Dwelling Units in the Two -Family Zoning District. (First Reading) Meeting Date: March 10, 2011 Department: Planning and Community Development Staff Person making presentation: Peter Wysocki Planning and Community Development Director Item Summary: This amendment to the Zoning Code permits the location of single family detached structures in the TF (Two Family) zoning district, so long as the lot size, setbacks and other development standards of the SF -2 (Single Family — Standard Lot) are met. When the Zoning Code was revised on June 10, 2002, the TF (Two Family) district was revised to allow only two- family (duplex) structures. Previously, single family detached structures were allowed. Approximately one-third of the subdivisions currently zoned as TF (Two Family) contain some single family detached structures. The exclusion of single family structures from the TF district was part of an update to the zoning code which eliminated cumulative or pyramid style districts, in which all lower intensity uses were allowed in higher intensity districts. It was not done in response to specific problems or issues with single family structures in the TF district. The exclusion of single family detached structures from the TF (Two Family) zoning district creates a non -conforming situation for the existing single family detached structures, which complicates the financing and resale of the homes. This issue was brought to the Planning Department's attention by a realtor involved in a home resale in one of the affected neighborhoods. Given that there are other similar non -conforming single family structures within TF zoning districts, staff believes that this zoning text amendment is appropriate. Upon review of the amendment, City engineering staff determined that there would be no impact on City utilities. This amendment does not affect single family zoning districts and two family structures are not allowed in single family districts. Strategic Plan Relevance: Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): Recommended Action: 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 February 2, 2011. Approval - The Planning and Zoning Commission recommended approval of the rezoning (5-0) at their meeting on February 2, 2011.