G-11-05-12-11A2 - 5/12/2011ORDINANCE NO. 61 -11.--05 2. -1
AN ORDINANCE AMENDING CHAPTER 46, SECTIONS 46-5, 46-160,
46-141, 46-142, 46-143, 46-144, AND 46-146, CODE OF ORDINANCES
(2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING
ZONING AMENDMENTS DEALING WITH DEFINITIONS, VETERINARY
CLINICS, SMALL ANIMAL GROOMING FACILITIES, SMALL ANIMAL
DAY CARE AND TRAINING FACILITIES, AND KENNELS; 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 as follows, with the current definitions being amended
as indicated and with the new definitions being appropriately inserted alphabetically:
Sec. 46-5. Definitions.
Term Definition
Animal, small Any domesticated animal, other than livestock, which is generally considered a
household pet, such as dogs, cats, cockatiels, ferrets, hamsters, guinea pigs,
gerbils, rabbits, fish, or small nonpoisonous reptiles or nonpoisonous snakes.
Kennel, indoor A facility where small animals are boarded within an enclosed building or where
such animals are bred or raised for sale.
Kennel, outdoor A facility where small animals are boarded within open air structures or where
such animals are bred or raised for sale.
Livestock Any horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jenny, all species
of swine, sheep, goat, llama, all species of cattle, emu, ostrich, and rhea.
Retail sales and
service An establishment primarily engaged in the sale, lease or rent of new or used
products to the general public, including those providing personal services,
entertainment, product repair or sales of consumer goods, but excluding those
establishments more specifically defined in this section. The following are typical
uses:
O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00221698.DOC/sls
Small Animal
Day Care and
Training Facility
Small Animal
Grooming Facility
Veterinary Clinic,
livestock
Sales -oriented:
Stores selling, leasing, or renting consumer, home, and business goods including
alcoholic beverages, antiques, appliances, art, art supplies, baked goods,
bicycles, books, cameras, carpet and floor coverings, crafts, clothing, computers,
convenience goods, dry goods, electronic equipment, fabric, flowers, furniture,
garden supplies, gifts, groceries, hardware, home improvements, household
products, jewelry, medical supplies, musical instruments, pet food and/or pets,
pharmaceuticals, photo finishing, picture frames, plants, printed material,
produce, sporting goods, stationery, tobacco and related products, vehicle parts,
and videos.
Personal service-oriented:
Banks;
Business, driving, martial arts and other trade schools;
Dance, art, or music studios or classes;
Security services;
Dry-cleaning and laundry drop-off establishments;
Hair, tanning, and personal care services;
Athletic or health clubs;
Laundromats;
Mortuaries;
Photographic studios;
Photocopy, blueprint, and quick -sign services;
Psychics and mediums;
Taxidermists.
Entertainment -oriented:
Membership clubs and lodges;
Private lodges or service clubs.
Repair -oriented:
Locksmith;
Repair of appliances, bicycles, canvas products, clocks, computers, guns,
jewelry, musical instruments, office equipment, radios, shoes, televisions, and
watches;
Tailor;
Upholsterer.
A facility providing services for small animals, such as day care, obedience
classes, training and grooming.
A facility providing bathing, clipping, combing and other grooming services for
small animals for aesthetic or health purposes.
A facility for the care, diagnosis and medical treatment by a licensed veterinarian
for livestock and small animals.
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Veterinary Clinic,
small animals A facility for the care, diagnosis and medical treatment by a licensed veterinarian
for small animals.
11.
That Chapter 46, Section 46-160, Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended by adding new subsection (p-1) which shall
read as follows:
Sec. 46-160. Supplementary use standards.
(p-1) Kennel, indoor.
Indoor kennels permitted in the C-2 district are subject to the following requirements:
a. On sites smaller than two acres, the gross floor area shall not exceed 2,500 square feet.
b. On sites larger than two acres, the gross floor area shall not exceed 5,000 square feet.
c. On sites with 50 percent or greater frontage on an arterial roadway, the gross floor area shall not
exceed 7,500 square feet.
111.
That Chapter 46, Section 46-160, Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended by adding new subsection (ee-1) which shall
read as follows:
Sec. 46-160. Supplementary use standards.
(ee-1) Small Animal Day Care and Training Facility.
(1) Small animals shall not be allowed to be dropped off or picked up except between the
hours of 6:00 a.m. and 9:00 p.m.
Iv.
That Chapter 46, Section 46-160, Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended by adding new subsection (ee-2) which shall
read as follows:
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Sec. 46-160. Supplementary use standards.
(ee-2) Small Animal Grooming Facility.
Small Animal Grooming Facilities permitted in the C-2 district are subject to the following requirements:
a. On sites smaller than two acres, the gross floor area shall not exceed 2,500 square feet.
b. On sites larger than two acres, the gross floor area shall not exceed 5,000 square feet.
c. On sites with 50 percent or greater frontage on an arterial roadway, the gross floor area shall not
exceed 7,500 square feet.
V.
That Chapter 46, Section 46-160, Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended by adding new subsection (ii -1) which shall
read as follows:
Sec. 46-160. Supplementary use standards.
(ii -1) Veterinary Clinic, livestock.
(1) Corrals and stables may be provided solely incidental to animal hospital use and for
convalescing livestock.
(2) Cremation services shall be prohibited.
VI.
That Chapter 46, Section 46-160, Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended by adding new subsection (ii -2) which shall
read as follows:
Sec. 46-160. Supplementary use standards.
(ii -2) Veterinary Clinic, small animals.
(1) Any Veterinary Clinic, small animals in the C-2 and OF districts shall be limited to regular
service hours beginning at 7:00 a.m. and ending at 9:00 p.m.
(2) Kennel facilities shall be limited to indoors and incidental to animals being treated at the
facility.
(3) Ancillary sales of pet care products, including but not limited to prescription food,
medications, and grooming accessories shall be limited to no more than ten percent
(10%) of the gross floor area of the facility.
(4) Cremation services shall be prohibited.
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Vii.
That Chapter 46, Section 46-141(b)(1) and (2), Code of Ordinances (2010
Edition), City of Round Rock, Texas, are hereby amended as follows:
Sec. 46-141. C-1 (General commercial) district.
(b) Permitted uses.
(1) The following uses are permitted by right:
Use
Community services.
Day care.
Funeral home.
Government facilities.
Kennel, indoor.
Office.
Office, medical.
Overnight accommodations.
Park, linear/linkage.
Park, community.
Park, neighborhood.
Place of worship.
Retail sales and services.
Schools: business, trade and post -secondary educational facilities.
Small Animal Grooming Facility.
Veterinary Clinic, small animals.
(2) The following uses are permitted with conditions:
Use Special Standard
Auto service facilities 46-160(d)
Bed and breakfast 46-160(e)
Carwash 46-160(f)
Commercial parking 46-160(g)
Eating establishments 46-160(j)
Indoor entertainment activities 46-160(p)
Passenger terminals 46-160(v)
Place of worship (with accessory uses not exceeding 2,500 sf.) 46-160(w)
Place of worship (with accessory uses exceeding 2,500 sf.) 46-160(x)
Residential to office conversion 46-160(y)
School, primary/secondary, private 46-160(bb)(5)
Self -enclosed monopole 46-160(kk)
Self-service storage 46-160(cc)
Single-family attached (two dwelling units) 46-160(dd)
Single-family detached 46-160(dd)
Small Animal Day Care and Training 46-160(ee-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)
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Viii.
That Chapter 46, Section 46-142(b)(1) and (2), Code of Ordinances (2010
Edition), City of Round Rock, Texas, are hereby amended as follows:
Sec. 46-142. C -la (General commercial - limited) district.
(b) Permitted uses.
(1) The following uses are permitted by right:
Use
Community services.
Day care.
Funeral home.
Government facilities.
Kennel, indoor.
Office.
Overnight accommodations.
Park, community.
Park, linear/linkage.
Park, neighborhood.
Place of worship.
Schools: business, trade and post -secondary educational facilities.
Small Animal Grooming Facility.
Veterinary Clinic, small animals.
(2) The following uses are permitted with conditions:
Use Special Standard
Auto service facilities 46-160(d)
Bed and breakfast 46-160(e)
Carwash 46-160f)
Commercial parking 46-160(g)
Eating establishments 46-160(j)
Indoor entertainment activities 46-160(p)
Office, medical 46-160(s)
Passenger terminals 46-160(v)
Place of worship, with accessory uses not exceeding 2,500 sf. 46-160(w)
Place of worship, with accessory uses exceeding 2,500 sf., but 46-160(x)
not greater than 10,000 s.f.
Residential to office conversion 46-160(y)
Retail sales and services 46-160(aa)
School, primary/secondary, private 46-160(bb)(5)
Self -enclosed monopole 46-160(kk)
Single-family attached, two dwelling units 46-160(dd)
Single-family detached 46-160(dd)
Small Animal Day Care and Training 46-160(ee-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)
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Wireless transmission facilities, attached
Wireless transmission facilities, stealth
46-160(kk)
46-160(kk)
IX.
That Chapter 46, Section 46-143(b)(2), Code of Ordinances (2010 Edition), City
of Round Rock, Texas, is hereby amended as follows:
Sec. 46-143. C-2 (Local commercial) district.
(b) Permitted uses.
(2) The following uses are permitted with conditions:
Use Special Standard
Retail sales and services 46-160(aa)
Amenity center (developments larger than two acres) 46-160(a)
Auto service and repair facilities 46-160(d)
Bed and breakfast 46-160(e)
Community service 46-160(h)
Day care 46-160(i)
Eating establishments 46-1600)
Government facility 46-160(1)
Kennel, indoor 46-160(p)(1)
Office 46-160(r)
Office, medical 46-160(s)
Place of worship (with accessory uses not exceeding 2,500 s.f.) 46-160(w)
Residential to office conversion 46-160(y)
Small Animal Grooming Facility 46-160(ee-2)
Upper -story residential 46-160(gg)
Utilities, minor 46-160(hh)(1)
Utilities, intermediate 46-160(hh)(2)
Veterinary Clinic, small animals 46-160(ii-2)
Wireless transmission facilities, attached 46-160(nn)
Wireless transmission facilities, stealth 46-160(kk)
X.
That Chapter 46, Section 46-144(b)(2), Code of Ordinances (2010 Edition), City
of Round Rock, Texas, is hereby amended as follows:
Sec. 46-144. OF (Office) district.
(b) Permitted uses.
(2) The following uses are permitted with conditions:
Use Special Standard
Day care 46-160(i)
Office, medical 46-160(s)
Residential to office conversion 46-160(y)
Utilities, minor 46-160(hh)(1)
Utilities, intermediate 46-160(hh)(2)
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Veterinary Clinic, small animals 46-160(ii-2)
Wireless transmission facilities, attached 46-160(kk)
Wireless transmission facilities, stealth 46-160(kk)
XI.
That Chapter 46, Section 46-146(b)(1) and (2), Code of Ordinances (2010
Edition), City of Round Rock, Texas, are hereby amended as follows:
Sec. 46-146. LI (Light industrial) district.
(b) Permitted uses.
(1) The following uses are permitted by right:
Use
Commercial parking.
Kennel, indoor.
Kennel, outdoor.
Light industrial (manufacturing and assembly).
Office.
Park, community.
Park, linear/linkage.
Park, neighborhood.
Retail sales and service consisting of predominantly outdoor storage or consumer loading areas.
Small Animal Grooming Facility.
Veterinary Clinic, livestock.
Veterinary Clinic, small animals.
Warehouse and freight movement.
Wholesale trade.
(2) The following uses are permitted with conditions:
Use Special Standard
Auto body, painting and repair shops 46-160(c)
Carwash 46-160(f)
Large vehicle and equipment repair 46-160(c)
Monopole 46-160(kk)
Research and development 46-160(z)
Self -enclosed monopole 46-160(kk)
Self-service storage 46-160(cc)
Small Animal Day Care and Training 46-1609(ee-1)
Utilities, minor 46-160(hh)(1)
Utilities, intermediate 46-160(hh)(2)
Utilities, major 46-160(hh)(2)
Waste -related services 46-160(jj)
Wireless transmission facilities, stealth 46-160(kk)
Wireless transmission facilities, attached 46-160(kk)
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XII.
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 17-1' day of
MNy
, 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.
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rn
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY:
City Council Agenda Summary Sheet
Agenda Item No. 11A2.
Consider an ordinance amending Chapter 46, Zoning, Code of Ordinances, regarding
Agenda Caption: veterinary clinics and other small animal facilities. (First Reading)
Meeting Date: May 12, 2011
Department: Planning and Community Development
Staff Person making presentation: Peter Wysocki, AICP, Planning and Community Development Director
Clyde von Rosenberg, AICP, Sr. Planner
Item Summary:
Veterinary clinics and pet grooming are currently included in the definition of retail service in the Zoning Code. By
being defined as a "retail service" these uses are permitted in commercial zoning districts, and can be located within
shopping centers or as stand-alone buildings. Staff believes that the Zoning Code should be updated to create
separate definitions for veterinary clinics (small animals and livestock), pet grooming, kenneling and pet daycare.
Defining animal care services and facilities as "retail service" and not distinguishing between small and Targe animals
is somewhat unclear and could lead to unintended consequences. Staff believes that when limited to the care of
small animals, these clinics are suitable in commercial zoning districts and should be considered for inclusion in the
OF (Office) zoning district, with certain restrictions, similar to medical offices. Veterinary care of livestock should be
separate from small animals and is more appropriate in the LI (Light Industrial) zoning district. Other services for
small animals, including grooming and kenneling, have also been provided for in the ordinance revision.
The revised ordinance includes new definitions for veterinary clinics for small animals, veterinary clinics for livestock,
and the day care, grooming and kenneling of small animals. Care for small animals and livestock would be allowed
in the following zoning districts:
1. OF Office - Veterinary Clinics for small animals.
2. C-1 (General Commercial) and C -la (General Commercial — Limited) — Veterinary Clinics for small animals
and Day Care, Indoor Kenneling and Grooming of small animals.
3. C-2 (Local Commercial) — Veterinary Clinics for small animals and Indoor Kenneling and Grooming of small
animals.
4. LI (Light Industrial) — Veterinary Clinics for small animals, Veterinary Clinics for livestock and Indoor and
Outdoor Kenneling, Day Care and Grooming of small animals.
This issue came to staffs attention while discussing a possible veterinary clinic off McNeil Road, which is the subject
of a proposed zone change for Edward Walsh III.
Strategic Plan Relevance:
Economic Progress; Council adopted Development Philosophy which directs staff to consider and facilitate regular
code revisions, when warranted.
CONTINUED ON NEXT PAGE
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Cost:
Source of Funds:
City Council Agenda Summary Sheet
N/A
N/A
Date of Public Hearing (if required): April 13, 2011 at Planning and Zoning/May 12, 2011 at City Council
Approval - The Planning and Zoning Commission recommended approval of
Recommended Action: the proposed ordinance amendment at their April 13, 2011 meeting