G-11-04-14-9A1 - 4/14/2011ORDINANCE NO. Gl'o 1/4-6141
AN ORDINANCE AMENDING CHAPTER 46, SECTIONS 46-5 AND 46-160, CODE OF
ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING
SUPPLEMENTARY USE STANDARDS; TO ADD THE DEFINITION OF "SLEEP
CLINIC"; 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:
That Chapter 46, Section 46-5, Code of Ordinances (2010 Edition), City of Round Rock,
Texas, is hereby amended by adding a new definition which shall read as follows:
Sec. 46-5. - Definitions.
Term
Definition
Sleep Clinic
A medical office for the diagnosis and monitoring of sleep and/or
respiratory breathing disorders, where patients may be monitored for
symptoms during an overnight stay at the clinic.
II.
That Chapter 46, Section 46-160(s), Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended to read as follows:
Sec. 46-160. - Supplementary use standards.
(s) Office, medical.
(1) Emergency medical services are not permitted.
(2) With the exception of sleep clinics, medical offices in the OF and C-2 districts shall be
limited to regular service hours not beginning before 7:00 a.m. and not extending past
9:00 p.m. Sleep clinics are allowed in the OF and C-2 districts.
III.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
O:\wdox\SCClnts\0112\ 1104\MUNICIPAL \00218968.DOC/sls
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 111— day of
A» I
, 2011.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2011.
READ, APPROVED and ADOPTED on second reading this the day of
, 2011.
2
ATTEST:
citAIAA, Obt.4-
SARA
L. WHITE, City Secretary
01)ill/L.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
3
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 9A1.
City Council Agenda Summary Sheet
Agenda Caption:
Consider an ordinance amending Chapter 46, Code of Ordinances, to add a definition for
"sleep clinics" and revising the supplementary use standards for medical offices in the OF
(Office) zoning district. (First Reading)
Meeting Date: April 14, 2011
Department: Planning and Community Development
Staff Person making presentation: Peter Wysocki, Planning and Community Development Director
Clyde von Rosenberg, Sr. Planner
Item Summary:
This amendment corrects an error made with a previous code revision regarding restrictions on medical office uses
in the OF (Office) zoning district. The restriction on hours of operation for medical offices was adopted in 2002. The
error occurred in 2005 during a code revision that established the C1a zoning district. During that code amendment,
the OF zoning was inadvertently omitted from the "supplementary use standards" — Section 46.160 of Code of
Ordinance — that restricts the hour of operation. The error was found by staff during a recent inquiry regarding a
sleep clinic potentially locating in the City.
This amendment reinstates the OF zoning district in Section 46.160. In addition, it adds that sleep clinics, as defined,
are not subject to the restriction on night time hours of operation. Staff believes that sleep clinics should not be
classified as a 24-hour medical or emergency service facility. Sleep clinics do not involve emergency services, nor do
they generate traffic during night time hours. Patients generally arrive before 9:00 p.m. and clinic staff monitors
them during the night before they leave in the morning, generally about 7:00 a.m. Patients do not arrive during the
night and clinic staff do not routinely come and go during sleep monitoring.
Medical facilities and emergency services with unrestricted hours of operation are permitted in the C1 and C1a
zoning districts and this amendment does not affect those districts. The OF zoning district is considered to be the
least intense non-residential district and is often located adjacent to or within residential neighborhoods. The
reason for restricting the hours of operation is to minimize negative impacts such as noise, traffic and lighting.
In summary, if approved, the ordinance would allow medical offices as a conditional use within the OF (Office)
district, subject to the following conditions:
(1) No emergency medical services;
(2) Regular service hours are limited to activities between 7:00 a.m. and 9:00 p.m., except for sleep clinics
Strategic Plan Relevance:
Strategic Plan Theme: Economic Progress
Goals: 15, 19 and 20 (fostering economic growth and assisting targeted industry)
The amendment is also relevant to the Development Philosophy, which directs staff to identify and process regular
code updates when deemed appropriate.
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY:
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required):
City Council Agenda Summary Sheet
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 March 9, 2011.
The Planning and Zoning Commission unanimously recommended approval
Recommended Action: of the amendment at their meeting on March 9, 2011.