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Z-06-12-07-10A5 - 12/7/2006 ORDINANCE NO. Z -0&-4-07-/0A5_-0&-4-Q7-IQAS AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 11.401(2)(a), CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO REZONE 0.4262 ACRES OF LAND, KNOWN AS 106 W. BAGDAD AVENUE, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS, FROM DISTRICT MU-la - H (MIXED-USE SOUTHWEST DOWNTOWN WITH HISTORIC OVERLAY) TO DISTRICT MU-la (MIXED-USE SOUTHWEST DOWNTOWN). WHEREAS, an application has been made to the City Council of the City of Round Rock, Texas to amend the Official Zoning Map to rezone 0 .4262 acres of land, known as 106 W. Bagdad Avenue, in Round Rock, Williamson County, Texas, being more fully described in Exhibit "A" attached hereto, from District MU-la - H (Mixed-Use Southwest Downtown with Historic Overlay) to District MU-la (Mixed- Use Southwest Downtown) , and WHEREAS, the City Council has submitted the requested change in the Official Zoning Map to the Planning and Zoning Commission for its recommendation and report, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the requested change on the 25th day of October 2006, following lawful publication of the notice of said public hearing, and WHEREAS, after considering the public testimony received at such hearing, the Planning and Zoning Commission has recommended against the rezoning of the property described in Exhibit "A" , and @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/061121B1.WPD/rmc WHEREAS, on the 21st day of November, 2006, after proper notification, the City Council held a public hearing on the requested amendment, and WHEREAS, the City Council determines that the zoning provided for herein promotes the health, safety, morals and protects and preserves the general welfare of the community, and WHEREAS, each and every requirement set forth in Chapter 211, Sub-Chapter A. , Texas Local Government Code, and Section 11 . 300 and Section 11 .400, Code of Ordinances (1995 Edition) , City of Round Rock, Texas concerning public notices, hearings, and other procedural matters has been fully complied with, Now Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That the Official Zoning Map adopted in Section 11 .401 (2) (a) , Code of Ordinances (1995 Edition) , City of Round Rock, Texas, is hereby amended so that the zoning classification of the property described in Exhibit "A" is hereafter designated as District MU-la (Mixed-Use Southwest Downtown) . II. 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 . 2 . 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 day of 2006 . Alternative 2 . READ and APPROVED on first reading this the .1 ST day of N D )eYK8G/C� , 2006 . }'- READ, APPROVED and ADOPTED on second reading this the 7day of bGCEMC3ER-,� , 2006 . NY W Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secr ary 3 . DESCRIPTION OF PROPERTY The subject property consists of 0.4262 acres of land, more or less, out of the Wiley Harris Survey, described as a portion of Lot 5 and all of Lots 6-10, Block 8, of The Original Town of Round Rock Subdivision, in Williamson County, Texas. EXHIBIT DATE: November 30, 2006 SUBJECT: City Council Meeting - December 1, 2006 ITEM: 10.A.5. Consider an ordinance rezoning 0.4262 acres from MU-la-H (Mixed-Use Southwest Downtown with Historic Overlay) to MU-1a (Mixed-Use Southwest Downtown). (106 W. Bagdad Avenue) (Second Reading) This ordinance once again will require at least six votes to be adopted. Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: Both the Historic Preservation Commission and the Planning and Zoning Commission have recommended against the rezoning of this property to remove the Historic Overlay Zoning District. Significant background materials are provided in your packet concerning this case. The applicant also submitted a report outlining his proposal and reason for request for rezoning. The applicant has requested the removal of the Historic Overlay Zoning District to facilitate building renovations that will result in the removal of historically significant exterior architectural features. No property owner of a historically designated property has ever requested a rezoning for a building that is still standing and is in good condition. The condition of this property has been inspected every year as part of the City's historic property tax exemption program, demonstrating the City's commitment to preserving this structure. Fun—ding' Cost: N/A Source of funds: N/A Outside Resources: Historic Preservation Commission Background Information• This property is located at the northeast corner of W. Bagdad Avenue and South Blair Street. Known as the W.J. Walsh House, this property was built as a residence in 1931. The property received a local historic designation in 1993. It was designated because of its architectural significance as the only "Spanish Eclectic" style building in the City. The property has been receiving a historic tax exemption from the City since 1994. In August, the new owner of the property, Daniel Phipps presented a plan to the Historic Preservation Commission to make significant changes to the exterior of the building. The Historic Preservation Commission denied 7 of the 10 proposed changes to the building, determining that the changes were inappropriate according to the "Design Guidelines for Historic Commercial and Residential Districts & Properties", which was adopted by the City Council in 2000. Two of the proposed changes were approved, and the application was to re-approach the Historic Preservation Commission once he had determined a color scheme. For the proposed changes that were denied, the applicant may still make changes to those elements of the building, provided that elements removed from the building be replaced in- kind to closely match the original feature, as stated in the design guidelines document. As a result of the denial of the 7 proposed changes, the applicant did not receive the required "Certificate of Appropriateness" from the Historic Preservation Commission. Background Information Continued• Within the allowable 15 day period after the Historic Preservation Commission meeting, the applicant submitted a letter to the City Secretary requesting to appeal the Historic Preservation Commission's decision to the City Council. This appeal is still pending and is dependent upon the results of the decision concerning the rezoning. Shortly after his request for an appeal, Mr. Phipps submitted an application for a rezoning. He is requesting the removal of the Historic Overlay Zoning District on his property to facilitate the completion of the proposed building renovations. The removal of the Historic Overlay would also mean the removal of the local historic designation. The request for rezoning went before the Historic Preservation Commission on October 17th, 2006. The Historic Preservation Commission denied the request to remove the Historic Overlay Zoning District from 106 W. Bagdad. Included in their motion were the following reasons for the denial of the request; ➢ The structure has been in the community since the 1930s ➢ The structure contains many of the elements required to be considered Spanish Eclectic ➢ The property is important to the community in that it is the only example of Spanish Eclectic style ➢ The property has been granted tax exemptions as a historic property since 1994 ➢ The property was the Walsh family home ➢ The property is one of only a small number of historic properties that remains in the City ➢ The Historic Preservation Commission is concerned that granting this request would set a precedent that would make it difficult for the Commission to meet its goal of preserving Round Rock's historic properties On October 25th, 2006, the application was presented to the Planning and Zoning Commission and the rezoning of the property was not recommended. Since the Planning and Zoning Commission recommended disapproval of the application for rezoning, Section 11.313 (3)(d)(iii) of the Code of Ordinances, requires that this ordinance receive a favorable vote of three-fourths of all members of the City Council. Public Comment: The Historic Preservation Commission meeting on October 17th, 2006 was a public meeting. A public hearing was also held at the Planning and Zoning Commission meeting on October 25th, 2006. The Planning and Zoning Commission voted to deny the rezoning with a vote of 6 to 2.