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Z-03-06-26-10B1 - 6/26/2003 (2)AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.306, 11.413, 11.414, 11.415, 11.423, 11.501, AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO REMOVE "WASTE- RELATED SERVICE" USE FROM THE INDUSTRIAL ZONING DISTRICT AND ADD IT TO THE LIGHT INDUSTRIAL ZONING DISTRICT WITH SUPPLEMENTARY USE STANDARDS; AMEND THE INDUSTRIAL DISTRICT PURPOSE STATEMENT AND DESIGN STANDARDS; INCREASE THE NUMBER OF STORIES FOR A BUILDING IN THE PUBLIC FACILITIES ZONING DISTRICT; INCREASE THE SQUARE FOOTAGE OF DAY CARE FACILITIES IN LOCAL COMMERCIAL AND OFFICE ZONING DISTRICTS; REQUIRE LANDSCAPE PLANS BE PREPARED AND SEALED BY A REGISTERED LANDSCAPE ARCHITECT; AMEND THE DEFINITIONS OF "ABUTTING" AND "WASTE- RELATED SERVICE" AND ADD "NON- POLLUTING INDUSTRIES; 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: Chapter 11, Section 11.306(3)(1), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.306 Site Plan Review. (3) Approval Criteria (I) Landscape plans depicting the landscaping requirements in accordance with Section 11.501 of this Chapter; II. Chapter 11, Section 11.413(2))b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: @Ptvesktop\ ::OO W /wORLDOX /0; /uDOx /ORDINANC /030626.. wpo /vr ORDINANCE NO. — 0.3 - 0/0 MCP - / D16/ I. Use Special Standard Car -wash 11.423(5) Self - Service Storage 11.423(23) Utilities, Minor 11.423(27)(a) Utilities, Intermediate 11.423(27)(b) Utilities, Major 11.423(27)(b) Waste - Related Service 11.423(30) Wireless Transmission Facilities, Stealth 11.423(31) Wireless Transmission Facilities, Attached 11.423(31) Wireless Transmission Facilities, Self- standing 11.423(31) 11.413 LI (Light Industrial) District. (2) Permitted Uses (b) The following uses are permitted with conditions: Chapter 11, Section 11.414(1), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.414 I (Industrial) District. (1) Purpose To acconunodate areas of high intensity land use primarily devoted to traditional industrial uses and vehicle repair facilities, and other non - polluting industries. IV. Chapter 11, Section 11.414(5), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add the following: 2 Use Special Standard Carwash 11.423(5) Self- Service Storage 11.423(23) Utilities, Minor 11.423(27)(a) Utilities, Intermediate 11.423(27)(b) Utilities, Major 11.423(27)(b) Vehicle Repair Facilities and Body Shops 11.423(28) Wireless Transmission Facilities, Attached 11.423(31) Wireless Transmission Facilities, Self- standing 11.423(31) Wireless Transmission Facilities, Stealth 11.423(31) 11.414 I (Industrial) District. (5) Industrial Design Standards (d) Location New industrial development shall not be permitted within 500 feet of SF and TF lots or within 500 feet of Designated Arterial Roadways, as defined in Section 11.802 of this Code or any future Designated Arterial Roadways identified in the General Plan, as defined in Section 11.802 of this Code. V. Chapter 11, Section 11.414(2)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.414 I (Industrial) District. (2) Permitted Uses (b) The following uses are permitted with conditions: VI. That Chapter 11, Section 11.415(3)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 3 Density & Development Standards for PF (Public Facilities) (1) Description Requirement Standard IH -35 /SH -45(2) Minimum Lot Area N/A N/A Minimum Lot Width 50 ft. 50 ft. Minimum Setback from Street (ROW) 15 ft. 25 ft. Minimum Rear Setback 0 or 10 ft. (3) 0 or 10 ft. (3) Minimum Rear Setback abutting SF & TF Lots 50 ft. (4) 50 ft. (4) Minimum Side Setback 0 or 10 ft. (3) 0 or 10 ft. (3) Minimum Side Setback abutting SF & TF Lots 50 ft. (4) 50 ft. (4) Minimum Setback for Accessory Buildings 0 or 5 ft.(5) (7) 0 or 5 ft.(5) (7) Maximum Height of Principal Building 5 Stories(8) 12 Stories(8) Maximum Height of Accessory Building 15 ft. 15 ft. Maximum Height of Fence within Street Yard 3 ft. (6) 3 ft. (6) Maximum Height of Fence outside Street Yard 8 ft. (6) 8 ft. (6) (1) Special purpose lots, including but not limited to landscape lots and utility lo s, may be exempted from these requirements. (2) For lots with frontage on IH -35 or SH 45. (3) The setback shall be 10 ft., except that common walls are not required to have a setback. The setback may be increased based on current fire and building codes. (4) For all properties abutting SF & TF lots, 50 ft. setback of which 15 ft. shall be a landscaped buffer. No other use permitted within buffer. Landscaping shall be in accordance with Section 11.501. At the 50 ft. line, structures may be 20 ft. tall. From the 50 ft. line, a 1 ft. setback will be required for each additional foot of building height. (5) The setback shall be 5 ft., except that common walls are not required to have a setback. (6) All fences shall provide a finished face to abutting streets. (7) Accessory buildings or structures are not permitted in any street yards. (8) (a) For buildings located within 500 feet from IH -35 or SH 45, the maximum height of the Principal Building shall be 12 stories. (b) For buildings located within 1,000 feet from a designated arterial roadway, as defined in Section 11.802, and more than 500 feet from SF and TF lots, the maximum height of the Principal Building shall be 12 stories. 11.415 PF (Public Facilities) District. (3) Density and Development Standards (a) PF (Public Facilities) Density & Development Standards 4 VII. That Chapter 11, Section 11.423(8)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 SUPPLEMENTARY USE STANDARDS. (8) Day Care (b) Day care facilities located in C -2 and OF districts may not exceed 5,000 square feet. VIII. Chapter 11, Section 11.423(30), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 Supplementary Use Standards (30) Waste - Related Service Waste - related services are permitted in the LI district subject to the following conditions. (a) The facility shall be visually screened from any adjacent roadways, residential districts and any other non - industrial uses by an eight foot perimeter fence. Any portion of the fence that is visible from the adjacent roadways shall be constructed of brick, stone, or similar masonry product. (b) All recycling bins shall be enclosed behind a minimum eight foot screening fence. (c) All solid, liquid or sanitary waste collected shall be stored within an enclosed building. (d) All manufacturing or production of goods or energy from solid, liquid or sanitary waste or recycled materials shall be conducted in an enclosed building. (e) Accessory buildings shall be set back more than 100 feet from SF and TF lots. IX. Chapter 11, Section 11.501(1)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 5 11.501 Landscaping. (1) Purpose and Intent (b) Landscape Plans The landscape requirements set out in this Section 11.501 shall be depicted in the landscape plans, which shall be a part of the site plans required under Section 11.306 of this Code and shall also include the information set out in the site development checklist, as required by the development review committee. The landscape plans shall be prepared and sealed by a registered landscape architect, who is an individual currently registered or licensed by the State of Texas to practice landscape architecture. X. Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to change the definition of "Abutting" as follows: 11.802 Definitions_ Abutting Having a common border with or being separated from such common border only by an alley, easement or right -of -way, except where common borders are separated by railways, interstate highways, or Designated Arterial Roadways. XI. Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add the definition of "Non- Polluting Industries" as follows: 11.802 Definitions. Non - polluting industries An industry in full compliance with federal and state regulations. XII. Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to change the definition of "Waste- related service" as follows: 6 11.802 Definitions. Waste - related service Uses that receive solid or liquid wastes from others for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Typical uses include solid or liquid waste transfer or composting facilities and recycling centers. XIII. 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. f READ and APPROVED on first reading this the ± d ay of u V l� , 2003. day of READ, APPROVED and ADOPTED on second reading this , 200 A EST: 'RISTINE R. MARTINEZ, City Secretary 411P N W = Ma or Cit of Round Rock, Texas 7 Date: June 20, 2003 Subject: City Council Meeting - June 26, 2003 Item: 10.B.1. Consider an ordinance amending Chapter 11, Zoning, Code of Ordinances (1995) Edition regarding the following: a. Day care facilities; b. Height of buildings; c. Landscape plans; d. Amending the Industrial District to include "non- polluting industries" and to include location criteria for industrial development; e. Amending and adding definitions; and f. "Waste related service" as a permitted use in the LI (Light Industrial) district. Resource: Joe Vining, Planning Director History: Funding Cost: N/A Source of Funds: N/A The proposed text amendments attempt to resolve a number of recurring issues staff has encountered since the adoption of the Zoning Ordinance in June 2002. The amendments numbered 4 - 7 are intended to accommodate the proposed industrial rezoning on Chisholm Trail and Brandi Lane. These amendments are a direct response to public input gathered during three Planning and Zoning Commission public hearings concerning the rezoning. The proposed industrial rezoning appears later in the agenda. Please refer to the attached memorandum outlining the purposes for adopting each proposed text amendment. Impact/ Benefit: Improved zoning regulations. Public Comment: Public Notice and a public hearing were held in accordance with City of Round Rock's Zoning Ordinance. Sponsor: Planning and Community Development Department 0PFDesktap \::0 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.306, 11.413, 11.414, 11.415, 11.423, 11.501, AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO REMOVE "WASTE- RELATED SERVICE" USE FROM THE INDUSTRIAL ZONING DISTRICT AND ADD IT TO THE LIGHT INDUSTRIAL ZONING DISTRICT WITH SUPPLEMENTARY USE STANDARDS; AMEND THE INDUSTRIAL DISTRICT PURPOSE STATEMENT AND DESIGN STANDARDS; INCREASE THE NUMBER OF STORIES FOR A BUILDING IN THE PUBLIC FACILITIES ZONING DISTRICT; INCREASE THE SQUARE FOOTAGE OF DAY CARE FACILITIES IN LOCAL COMMERCIAL AND OFFICE ZONING DISTRICTS; REQUIRE LANDSCAPE PLANS BE PREPARED AND SEALED BY A REGISTERED LANDSCAPE ARCHITECT; AMEND THE DEFINITIONS OF "ABUTTING" AND "WASTE- RELATED SERVICE" AND ADD "NON- POLLUTING INDUSTRIES; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. iL ",C}k BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: /kg0LOO %/0: /WD00 /ORDINANC /03062601. 20P /vr I. Chapter 11, Section 11.306(3)(1), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.306 Site Plan Review. (3) Approval Criteria (1) Landscape plans depicting the landscaping requirements in accordance with Section 11.501 of this Chapter; II. Chapter 11, Section 11.413(2) (b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: Use Special Standard Car -wash 11.423(5) Self- Service Storage 11.423(23) Utilities, Minor 11.423(27)(a) Utilities, Intermediate 11.423(27)(b) Utilities, Major 11.423(27)(b) Waste Related Service 11.423(30) Wireless Transmission Facilities, Stealth 11.423(31) Wireless Transmission Facilities, Attached 11.423(31) Wireless Transmission Facilities, Self- standing 11.423(31) 11.413 LI (Liaht Industrial) District. (2) Permitted Uses (b) The following uses are permitted with conditions: Chapter 11, Section 11.414(1), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.414 I (Industrial) District. (1) Purpose To accommodate areas of high intensity land use primarily devoted to traditional industrial uses and vehicle repair facilities, and other non - polluting - industries. 5 1 v away ILLa.n I, m aim vun. s ull iw IV. Chapter 11, Section 11.414(5), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add the following: 2 Use Special Standard Carwash 11.423(5) Self- Service Storage 11.423(23) Utilities, Minor 11.423(27)(a) Utilities, Intermediate 11.423(27)(b) Utilities, Major 11.423(27)(b) Vehicle Repair Facilities and Body Shops 11.423(28) Waste-Rel....d S..,. v ice., 11.423(30] Wireless Transmission Facilities, Attached 11.423(31) Wireless Transmission Facilities, Self - standing 11.423(31) Wireless Transmission Facilities, Stealth 11.423(31) 11.414 I (Industrial) District. (5) Industrial Design Standards (d) Location New industrial development shall not be permitted within 500 feet of SF and TF lots or within 500 feet of Designated Arterial Roadways, as defined in Section 11,802 of this Code or any future Designated Arterial Roadways identified in the General Plan, as defined in Section 11.802 of this Code. V. Chapter 11, Section 11.414(2)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.414 I (Industrial) District. (2) Permitted Uses (b) The following uses are permitted with conditions: 3 Density & Development Standards for PF (Public Facilities) (1) Description Requirement Standard IH -35 /SH -45(2) Minimum Lot Area N/A N/A Minimum Lot Width 50 ft. 50 ft. Minimum Setback from Street (ROW) 15 ft. 25 ft. Minimum Rear Setback 0 or 10 ft. (3) 0 or 10 ft. (3) Minimum Rear Setback abutting SF & TF Lots 50 ft. (4) 50 ft. (4) Minimum Side Setback 0 or 10 ft. (3) 0 or 10 ft. (3) Minimum Side Setback abutting SF & TF Lots 50 ft. (4) 50 ft. (4) Minimum Setback for Accessory Buildings 0 or 5 ft.(5) (7) 0 or 5 ft.(5) (7) Maximum Height of Principal Building 5 Stories(8) 12 Stories(8) Maximum Height of Accessory Building 15 ft. 15 ft. Maximum Height of Fence within Street Yard 3 ft. (6) 3 ft. (6) Maximum Height of Fence outside Street Yard 8 ft. (6) 8 ft. (6) (3) VI. That Chapter 11, Section 11.415(3)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.415 PF (Public Facilities) District. Density and Development Standards (a) PF (Public Facilities) Density & Development Standards 4 (1) Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements. (2) For lots with frontage on IH -35 or SH 45. (3) The setback shall be 10 ft., except that common walls are not required to have a setback. The setback may be increased based on current fire and building codes. (4) For all properties abutting SF & TF lots, 50 ft. setback of which 15 ft. shall be a landscaped buffer. No other use permitted within buffer. Landscaping shall be in accordance with Section 11.501. At the 50 ft. line, structures may be 20 ft. tall. From the 50 ft. line, a 1 ft. setback will be required for each additional foot of building height. (5) The setback shall be 5 ft., except that common walls are not required to have a setback (6) All fences shall provide a finished face to abutting streets. (7) Accessory buildings or structures are not permitted in any street yards. (8) (a) For buildings located within 500 feet from 11-1-35 or SH 45, the maximum height of the Principal Building shall be 12 stories. (b) For buildings located within 1,000 feet from a designated arterial roadway, as defined in Section 11.802, and more than 500 feet from SF and TF lots, the maximum height of the Principal Building shall be 12 stones. VII. That Chapter 11, Section 11.423(8)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 SUPPLEMENTARY USE STANDARDS. (8) Day Care (b) Day care facilities located in C -2 and OF districts may not exceed 275005,000 square feet. VIII. Chapter 11, Section 11.423, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 Supplementary Use Standards (30) Waste - Related Service Waste - related services are permitted in the LI a.,d 1 districts, subject to the following conditions. (a) tThe facility isshall be visually screened from any adjacent roadways, residential districts and any other non - industrial uses by an eight foot perimeter fence. Any portion of the fence that is visible from the adjacent roadways shall be constructed of brick, stone, or similar masonry product. 5 (b) All recycling bins shall be enclosed behind a minimum eight foot screening fence. (c) All solid, liquid or sanitary waste collected shall be stored within an enclosed building. (d) All manufacturing or production of goods or energy from solid, liquid or sanitary waste or recycled materials shall be conducted in an enclosed building. (e) Accessory buildings shall be set back more than 100 feet from SF and TF lots. IX. Chapter 11, Section 11.501 Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.501 Landscaping. (1) Purpose and Intent (b) Landscape Plans The landscape requirements set out in this Section 11.501 shall be depicted in the landscape plans, which shall be a part of the site plans required under Section 11.306 of this Code and shall also include the information set out in the site development checklist, as required by the development review committee. The landscape plans shall be prepared and sealed by a registered landscape architect, who is an individual currently registered or licensed by the State of Texas to practice landscape architecture. X. Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to change the definition of "Abutting" as follows: 11.802 Definitions. Abutting Having a common border with or being separated from such common border only by an alley, easement or right -of -way , except where common borders are separated by railways, interstate highways, or Designated Arterial Roadways. 6 XI. Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add the definition of "Non- Polluting Industries" as follows: 11.802 Definitions. Non - polluting industries An industry in full compliance with federal and state regulations. XII. Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to change the definition of "Waste- related service" as follows: 11.802 Definitions. Waste - related service Uses that receive solid or liquid wastes from others ,,, for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Typical uses include solid or liquid waster transfer or composting facilities and recycling centers. XIII. 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 7 Meetings Act, Chapter 551, Texas Government Code, as amended. READ and APPROVED on first reading this the day of , 2003. READ, APPROVED and ADOPTED on second reading this the day of , 2003. ATTEST: CHRISTINE R. MARTINEZ, City Secretary NYLE MAXWELL, Mayor City of Round Rock, Texas 8 Memorandum TO: Mayor and City Council FROM: Susan Brennan, AICP, Senior Planne cit - RE: Proposed Text Amendments to the Zoning Ordinance DATE: June 20, 2003 Below is a summary of proposed text amendments to the Zoning Ordinance. The amendments attempt to resolve a number of recurring issues staff has encountered since the adoption of the Zoning Ordinance in May 2002. The amendments numbered 4 - 7 are intended to accommodate the proposed Industrial rezonings on Chisholm Trail and Brandi Lane. These rezonings were recommended by the Commission on January 29. Amendments 4 - 7 are a direct response to public input gathered during three Planning and Zoning Commission public hearings concerning the rezonings. 1. Amend Sections 11.423 (2) to permit daycare facilities up to 5,000 square feet in the C -2 (Local Commercial) and OF (Office) zoning districts. Currently, the Zoning Ordinance limits daycare centers in the C -2 and OF districts to 2,500 square feet. The purpose of this restriction is to prevent large -scale daycare centers, with their numerous traffic impacts, from locating near neighborhoods. Since the adoption of the Zoning Ordinance, the City has received a number of requests to accommodate centers larger than 2,500 square feet. Staff researched existing daycare centers in the C -2 district and found 5,000 sq. feet to be a reasonable mid -point between the smaller and larger centers. Given this new proposal, 5,000 square foot daycare centers would be permitted by right in either the C -2 or OF districts. 2. Amend Section 11.415 (3) to permit buildings greater than 5 stories, but not greater than 12 stories, in the PF (Public Facilities) zoning district. Staff proposes to provide additional flexibility in the PF district with respect to height. At present, the PF district provides for a maximum height of 5 stories. To accommodate higher intensity uses such as hospitals, medical office, and churches, among others, staff proposes to permit buildings greater than 5 stories, but not greater than 12 stories. The proposed increase in height would be permitted by right, provided the following criteria are met: • For buildings located within 500 feet from IH -35 and SH -45, the maximum height of the principal building shall be 12 stories. • For buildings located within 1,000 feet from a Designated Arterial Roadway, as defined in Section 11.802, and more than 500 feet from SF and TF lots, the maximum height of the principal building shall be 12 stories. 3. Amend Section 11.501 (1) to include a requirement for landscape plans to be prepared and sealed by a landscape architect registered in the State of Texas. This item was omitted by error in the landscape section of the Zoning Ordinance. Staff proposes to modify the ordinance by adding the following new text to be contained in Section 11.501 (1b): Proposed Text "landscape plans shall be prepared and sealed by a registered landscape architect, who is an individual currently registered or licensed by the State of Texas to practice landscape architecture." 4. Amend the! (Industrial) District purpose statement to broaden the scope to include non - polluting industries. Given the public's concern regarding the potential for polluting industries to operate in this district, staff proposes to modify the purpose statement of the I (Industrial) district, Section 11.414 (1), to read: Proposed Text "To accommodate areas of high intensity land use primarily devoted to traditional industrial uses, vehicle repair facilities, and other non - polluting industries." 5. Amend Section 11.414 (5), 1(industrial) District design standards to include location criteria for industrial development. To eliminate confusion regarding the general location criteria for (I) Industrial district zoning and to reflect the intent of City Council, staff proposes to include location criteria for industrial development: Proposed Text "New industrial development shall not be permitted within 500 feet of SF and TF lots or within 500 feet of Designated Arterial Roadways, as defined in Section 11.802 of this Code or any future Designated Arterial Roadways identified in the General Plan, as defined in Section 11.802 of this Code." Existing Text to be removed from Section 11.414 (1), Industrial Purpose Statement "Industrial District zoning shall not be designated on tracts abutting residential neighborhoods or on tracts abutting designated arterial roadways or any future arterial roadways identified in the General Plan." 2 6. Amend the definitions of "abutting" and "waste- related service" and add "non- polluting industries ". To eliminate confusion regarding the term "abutting ", staff proposes to modify its definition to exclude major rights -of -way that serve as intervening land uses between two or more uses. Staff proposes to modify the definition of "abutting" in Section 11.802, to read: Proposed Text "Having a common border with or being separated from such common border only by an alley, easement or right -of -way, except where common borders are separated by railways, interstate highways. and Designated Arterial Roadways." To limit "waste- related service" to facilities that transfer waste rather than facilities that serve as disposal sites, staff proposes to modify the definition of "waste- related service" in Section 11.802 to read: Proposed Text Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Typical uses include solid or liquid waste transfer or composting facilities and recycling centers. To provide a definition for "non- polluting industries ", staff proposes to add the following definition to Section 11.802: Proposed Text Non - Polluting Industries: An industry in full compliance with federal and state regulations. 7. Add 'Waste Related Service" as a permitted use in the LI (Light Industrial) zoning district with Supplementary Use Standards and remove it as a permitted use in the I (Industrial) zoning district. Staff originally proposed that the use "Waste Related Service be removed from the permitted use table located in the (I) Industrial District. This would further ensure that no potentially objectionable or noxious uses be permitted in the (I) Industrial district. The City's legal staff has emphasized that the City must continue to provide a location to support this use, and therefore, must permit it in one of the City's zoning districts. Accordingly, staff proposes to include 'Waste Related Service" as a permitted use with standards in the LI (Light Industrial) zoning district. Since LI sites are Tess likely to be located near residential development than older (I) Industrial sites, this proposal is a logical alternative to prohibiting the use altogether. Section 11.423 (30), the supplementary use standards for "Waste Related Service ", would be amended to include the following requirements: 3 (30) Waste - Related Service Waste - related services are permitted in the LI district subject to the following conditions. (a) The facility shall be visually screened from any adjacent roadways, residential districts and any other non - industrial uses by a eight foot perimeter fence. Any portion of the fence that is visible from the adjacent roadways shall be constructed of brick, stone, or similar masonry product. (b) All recycling bins shall be enclosed behind a minimum eight -foot screening fence. (c) All solid, liquid or sanitary waste collected shall be stored within an enclosed building. (d) All manufacturing or production of goods or energy from solid, liquid or sanitary waste or recycled materials shall be conducted in an enclosed building. (e) Accessory buildings shall be set back more than 100 feet from SF and TF lots. 4 MEMORANDUM TO: Planning & Zoning Commission Members and Planning Department FROM: Stephan L. Sheets, City Attorney SUBJECT: May 28, 2003, Planning & Zoning Agenda Items 6A and 6B DATE: May 22, 2003 Enclosed for your consideration please find redline and clean drafts of the proposed ordinance amending Chapter 11, Sections 11. 306,11. 413 ,11.414,11.415,11.423,11.501, and 11.802of the Code of Ordinances (1995 Edition) for the City of Round Rock. Chapter 11 is being amended to address the following issues: 1. Permit day care facilities up to 5,000 square feet in the C -2 (Local Commercial) and OF (Office) zoning districts; 2. Permit buildings greater than 5 stories, but not greater than 12 stories, in the PF (Public Facilities) zoning district; 3. Include a requirement for landscape plans to be prepared and sealed by a landscape architect registered in the State of Texas; 4. Amend the Industrial District purpose statement to broaden the scope to include non - polluting industries; 5. Amend I (Industrial) District design standards to include location criteria for industrial development; 6. Amend the definitions of "abutting" and "waste - related service" and add "non- polluting industries'; and 7. Add "waste related service" as a permitted use in the LI (Light Industrial) zoning district with Supplementary Use Standards and remove it as a permitted use in the I (Industrial) zoning district. @PrDesk o0 ADMNWORLDOX/ Wwdox/ CORR/pl /wningam/00050515.WPD/vr It is the opinion of the legal department that amending the Industrial District purpose statement to broaden the scope to include "non- polluting industries" and adding a "non- polluting industries" definition have no legal effect. 2