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Z-13-01-24-L4 - 1/24/2013ORDINANCE NO.—Z— 13 -0A -2_+-L+ AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION 46-132(b)(1), CODE OF ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ORIGINALLY ZONE 14.78 ACRES OF LAND OUT OF THE WILLIAM BRATTON SURVEY NO. 103, ABSTRACT NO. 100, IN ROUND ROCK, TRAVIS COUNTY, TEXAS, AS DISTRICT C -1A (GENERAL COMMERCIAL -LIMITED). WHEREAS, the City of Round Rock, Texas has recently annexed 14.78 acres of land out of the William Bratton Survey No. 103, Abstract No. 100 in Round Rock, Travis County, Texas, being more fully described in Exhibit "A" (the "Property"), attached hereto and incorporated herein, and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the original zoning of the Property on the 19th day of December, 2012, 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 that the Official Zoning Map be amended so that the Property in Exhibit "A" be originally zoned as District C-1 a (General Commercial -Limited), and WHEREAS, on the 24th day of January, 2013, after proper notification, the City Council held a public hearing on the proposed original zoning, 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 46-92 and Section 46-132, Code of O:\wdox\SCC1nts\0112\1304\MUNICIPAL\00265870. DOC/rmc Original Zoning Ordinance 1/12 Ordinances (2010 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: That the City Council has considered and hereby makes the following findings regarding this original zoning: 1. It is consistent with the general plan; 2. It is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3. The affected property is suitable for existing uses that are and would be permitted by District C -1a (General Commercial -Limited); and 4. Water, wastewater, and stormwater facilities are suitable and adequate and are available for the existing uses in District C-1 a (General Commercial -Limited). That the Official Zoning Map adopted in Section 46-132(b)(1), Code of Ordinances (2010 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 C-1 a (General Commercial -Limited). A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 2 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 day of JJ0 , 2013. Alternative 2. READ and APPROVED on first reading this the day of 2013. READ, APPROVED and ADOPTED on second reading this the day of 12013. City of Round Rock, Texas ATTEST: KV -IS USI hr�e L )l NA-gyDv' g4jqL. 0-�tr SARA L. WHITE, City Clerk 3 EXHIBIT "A" BEING approximately 14.78 acres out of the William Bratton Survey No. 103 Abstract No. 100, Travis County, Texas, more particularly described as follows: BEGINNING at a point as described in a subdivision as recorded in file 1998 -467 -FP of the Plat Records of Travis County, Texas as being a point found at the northwest corner of said Leif Johnson Ford, Inc. tracts, same being the existing east right-of-way line of Interstate Highway 35 (Right-of-way varies); THENCE leaving said point bearing east at following the common southern line of Lot 4, Block A, Coil Subdivision, recorded in Volume 95, Page 105-106, Plat Records, Travis County, Texas for an approximate 881 feet; THENCE leaving the southeast point of said sub -tract in a northeastern direction to follow a line as described as the existing west ROW line of Greenlawn Boulevard as recorded in Document No. 2005100853 of the Official Public Records of Williamson County, Texas for an approximate 1066 feet; THENCE leaving the common line of said sub -tract and the existing west ROW line of Greenlawn Boulevard as recorded in Document No. 2005100853 of the Official Public Records of Williamson County, Texas following a common line of the Fairey Annexation, as described in Ordinance No. 3001, City of Round Rock, Texas, for an approximate 200 feet; THENCE leaving the common line of said sub -tract and Fairey Annexation, as described in Ordinance No 3001, City of Round Rock, Texas, and continuing along the common line of shared sub -tract and the Fairey Annexation tract bearing southwest for an approximate 720 feet; THENCE following the common line of said sub -tract and the southern portion of the Fairey Annexation, in a northwestern direction a distance of an approximate 1,564 feet to the existing east right-of-way line of Interstate Highway 35 (Right-of-way varies); THENCE leaving said point to continue south an approximate 837 feet along the eastern right- of-way of Interstate Highway 35 to the POINT OF BEGINNING, and containing 14.78 acres of land, more or less. ZACity Council\2013\01-24-13\LAFs_Maps & Attachments\Oreenlawn Zoning\Greenlawn original zoning ORD.docx/rmc Original Zoning Ordinance 1/12 ROUND ROCK,nX4S City Council Agenda Summary Sheet PURPOSE PASSION. PROSPERITY. Agenda Item No. L4. Consider public testimony regarding and an ordinance zoning 14.78 acres of land to C -1a (General Commercial — Limited), located near IH -35 and Greenlawn Boulevard. (First Agenda Caption: Reading) Meeting Date: January 24, 2013 Department: Planning and Development Services Staff Person making presentation: Brad Wiseman Interim Planning and Development Services Director Item Summary: This item is an original zoning for a 14.78 -acre property located north of Greenlawn Boulevard and east of IH -35. This 14.78 -acre property is in the process of being brought into the City's municipal limits through an involuntary annexation. The larger property contains approximately 26 acres and is owned by Austpro Enterprises. A portion of the larger property was annexed in 1987 and 1996; therefore, this original zoning only applies to the remaining 14.78 acres. The property contains a landscaping nursery (Whittlesey Landscape Supply) and recently opened retail store (Planet K). The General Plan designates this area as Dell Mixed Use, which indicates a mixture of commercial, residential, office and business park uses in close proximity to each other. At the public hearing on December 19, the Planning and Zoning Commission unanimously recommended the C -1a (General Commercial -Limited) zoning district be applied to the property. This zone is recommended because the area is highly visible from IH -35 and serves as a gateway to the city. The C -1a zone limits land uses to those appropriate to this type of area. While the abutting areas are zoned C-1 (General Commercial) staff recommends a more limited range of uses for this newly annexed area. A comparison of the C-1 (General Commercial) and C -1a (General Commercial -Limited) zoning districts is attached. The site is accessed by Greenlawn Blvd. and the northbound IH -35 frontage road. Currently, there are large regional wastewater lines (16", 18" & 21") that cross the property, but no service lines. Within 2 1/2 years after annexation, the property will be served by a fire hydrant with dedicated water line, a manhole, a 1 %2' water line and an 8" wastewater line. Once annexed and zoned, future development must comply with the C -la (General Commercial - Limited) zoning district. ZONING FINDINGS Pursuant to Section 46-105, zoning map amendments must meet the following findings: 1. Consistency (or lack thereof) with the General Plan. The proposed zone is consistent with the General Plan and the Future Land Use Map. The General Plan indicates this is a Mixed Use area that will contain commercial, residential, office and business park uses in close proximity to each other. The Future Land Use Map identifies this area as Dell Mixed Use. The C -1a zone is compatible with that designation. -CONTINUED ON NEXT PAGE— .K, TEXAS City Council Agenda Summary Sheet t PROSPERrrY. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood. The surrounding properties contain a mixture of commercial and business park uses. Enabling C -1a uses will be compatible with nearby existing land uses and with the character of the area. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment. The property is suitable for uses permitted by the C -1a zoning district. The existing properties and businesses are a mixture of commercial and business park uses. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment. The property is unzoned and contains two existing businesses: a landscape nursery (Whittlesey landscape Supply) and a retail business (Planet K). The retail business is an allowed use in the C - 1a zone; however, the landscape nursery is not a permitted use in that zone. The retail use will be permitted to expand and develop in conformance with the C -1a zone. The landscape nursery will be considered a non- conforming use and will be allowed to continue, but not expand. 5. Availability of water, wastewater, and stormwater facilities suitable and adequate for the proposed use. Water and wastewater facilities are present and adequate for the proposed C -1a zoning. Recommended Action: Approval Comparison of C-1 and C -1a Zoning Districts C-1 Zoning District Purpose: To establish and preserve areas of medium intensity land use primarily devoted to general commercial activities. C -la Zoning District Purpose: To establish and preserve areas of low -medium to medium intensity land use primarily devoted to limited general commercial activities. DEVELOPMENT STANDARDS: C-1 Gla Mirrored glass is permitted. Mirrored glass is prohibited. No roofing materials specified. Roofing materials specified. Light fixtures can be no higher than 30 ft. Light fixtures can be no higher than 25 ft. Pole signs are permitted. Pole signs are only permitted along IH -35 and SH 45. Noise limits are not applicable to drive up windows6 No exceptions to the noise limit USES: Use C-1 C -la Car Wash Permitted by Right Permitted with Conditions Eating Establishments Permitted by Right Permitted with Conditions Medical Office Permitted by Right Permitted with Conditions Outdoor entertainment Permitted as Special Exception Prohibited Places of worship, with accessory uses exceeding I0,000sf Permitted with conditions Accessory uses limited to 10,000 sf. Retail Sales & Services Permitted by Right Permitted with Conditions Self -Service Storage Permitted with Conditions Prohibited Vehicle Repair Facilities & Body Shops Permitted as Special Exception Prohibited Vehicle Sales, Rental or Leasing Permitted with Conditions Permitted with Conditions 1Car Wash: • The entrance and exit of the bays shall be aligned parallel with the primary road the property fronts in order to limit the visibility of the interior of the bays. • The queuing area shall be screened from view from the primary road the property fronts by either a masonry wall extending from the side of the outside bay or by a landscaped berm. 2Eating Establishments: Eating establishments with drive-through services are not permitted within 150 feet of a residential property line. 3Medical Office: Emergency medical services are not permitted. °Retail Sales & Services: • Amusement parks or carnivals; Boat sales (except on IH -35); Camper sales (except on IH -35); Campgrounds; Flea markets; Heavy equipment sales, rental & leasing; Kennels; Landscaping services; Manufactured home sales; Pawn shops; Portable building sales; Recreational vehicle parks; Self -Service storage; Sexually oriented businesses; Shooting ranges; Tattoo parlors; Truck service or repair; and Truck stops are not permitted in the C -1a district. • Re -Sale stores in the C -1a district are not permitted on lots with frontage on IH -35 5Vehicle Sales, Rental or Leasing: Vehicle sales are not permitted in the C -1a district, unless the use is located on a lot with frontage on IH -35. 6Noise limit In the C1 zone, the noise limit does not apply to face-to-face drive -up windows where all of the following conditions exist: • Cashiers and customers have direct, face-to-face contact. • Drive aisles are adjacent to the primary structure. The dimensional standards and setbacks for the C-1 and C -la districts are identical. Dimensional Standards for C-1 and C -1a zoning districts(1) Description Requirement Standard IH-35/SH45(" 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 and TF zoned property when a pre -cast concrete panel fence option is used 50 ft.(4) 50 ft.(4) Minimum rear setback abutting SF and TF zoned property when a masonry fence option is used 40 ft.(4) 40 ft.(4) Minimum side setback 0 or 10 ft.(3) 0 or 10 ft.(3) Minimum side setback abutting SF and TF zoned property when a pre -cast concrete panel fence option is used 50 ft.(4) 50 ft.(4) Minimum side setback abutting SF and TF zoned property when a masonry fence option is used 40 ft.(4) 40 ft.(4) Minimum setback for accessory building 0 or 5 ft.(') (6) 0 or 5 ft. (5) (6) Maximum height of principal building 5 stories 12 stories Maximum height of accessory building 15 ft. 15 ft. Maximum height of fence within street yard 3 ft.(') 3 ft.(') Maximum height of fence outside street yard 8 ft. (7) 8 ft. (7) (1) Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements. (Z) For lots with frontage on IH -35 or SH 45. (3) The setback shall be ten 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) See subsection (e)(5) below and section 46-200 regarding the compatibility buffer and fence requirements. See subsection (8) below for additional setback requirements for structures with a height in excess of 20 ft. (5) The setback shall be five ft., except that common walls are not required to have a setback. (6) Accessory buildings or structures are not permitted in any street yard. 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