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G-11-06-23-9A2 - 6/23/2011ORDINANCE NO. -41--6243' 1/62--'• AN ORDINANCE AMENDING CHAPTER 46, ZONING, CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, REGARDING ACTIVITY CENTERS AND GYMS; 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 46, Section 46-5, Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended as follows, with the new definitions set forth below being appropriately inserted alphabetically: Sec. 46-5. - Definitions. Term Definition Activity Centers, Children's Children's participatory recreational and entertainment uses conducted within an enclosed building. Typical uses include party rooms, inflatable playground equipment, other playground equipment and food service for participants. Use of the facility is generally limited to a reservation basis. Does not include bowling alleys, game arcades, pool halls, dance halls, movie theaters, other theaters or other types of Indoor Entertainment Activities. Gymnasiums/Sports Training Facilities Individual sports training uses conducted within an enclosed building. Typical uses include gymnastics, cheerleading, baseball and rock climbing. Use of the facility is generally limited to participants scheduled for classes or training. Does not include sports arenas, racing facilities, amusement parks, or other spectator oriented venues. II. That Chapter 46, Section 46-141(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: O:\wdox\SCCtnts\0112\ 1104\MUNICIPAL \00224870.DOC/rmc Sec. 46-141. - C-1 (General commercial) district. (b) Permitted uses. (1) The following uses are permitted by right: Use Activity Centers, Children's Community services. Day care. Funeral home. Government facilities. Gymnasiums/Sports Training 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. III. That Chapter 46, Section 46-142(b)(1), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Sec. 46-142. - C -la (General commercial - limited) district. (b) Permitted uses. (1) The following uses are permitted by right: Use Activity Centers, Children's Community services. Day care. Funeral home. Government facilities. Gymnasiums/Sports Training 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 IV. That Chapter 46, Section 46-146(b), Code of Ordinances (2010 Edition), City of Round Rock, Texas, is hereby amended by adding new subsection (3) which shall read as follows: Sec. 46-146. - LI (Light industrial) district. (b) Permitted uses. (3) The following uses are permitted subject to special exception criteria and approval by the zoning board of adjustment: Use Activity Centers, Children's Gymnasiums/Sports Training Facilities V. 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. 3 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 day of 3T4 , 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. ATTEST: SARA L. WHITE, City Secretary !r` ALAN MCGRAW, Mayor City of Round Rock, Texas 4 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 9A2. City Council Agenda Summary Sheet Consider an ordinance amending Chapter 46, Zoning, Code of Ordinances, regarding Agenda Caption: children's activity centers and gyms. (First Reading) Meeting Date: June 23, 2011 Department: Planning and Community Development Department Staff Person making presentation: Peter Wysocki, AICP, Planning and Development Services Director Clyde von Rosenberg, AICP, Sr. Planner Item Summary: The City has received several requests to accommodate children's activity centers, sports training facilities and gyms in various existing buildings located in the LI (Light Industrial) zoning district. Currently our ordinance does not address these types of uses in either the industrial or commercial zoning districts. The light industrial buildings are generally well suited for these uses due to their high ceilings and large open floor plans. Staff has determined that these uses can be accommodated, on the condition that the site plans are reviewed on an individual basis, in order to avoid potential conflicts between the recreational and light industrial uses. The ordinance amendment would also allow these uses in the C-1 (General Commercial) and C -la (General Commercial — Limited) zoning districts without conditions. Definitions for these uses are provided, along with a condition that they are allowed in the LI district only upon approval of a special exception by the Zoning Board of Adjustment. The Board is required to conduct a public hearing, at which time compatibility with the existing nearby land uses and the proposed site plan, circulation plan and how other elements of the proposal fit in with the area will be considered. The Board is authorized to require specific conditions or modifications to the project. Approval by % of the Board members is required. Strategic Plan Relevance: High Performance Government; Ensure plans, policies and procedures are consistent with the vision, intent and goals of the strategic plan. Cost: Source of Funds: N/A N/A 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 Date of Public Hearing (if required): Commission meeting on May 18, 2011. Recommended Action: Approval — Planning and Zoning Commission approved on May 18, 2011 AE