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Z-06-02-09-9A5 - 2/9/2006ORDINANCE NO. ,7- O(0 - OoR - 09- 9 C'! AN ORDINANCE AMENDING CHAPTER 11, SECTIONS 11.301, 11.410, 11.411, 11.423, 11.426, 11.502, 11.505 AND 11.802, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE REVIEW PROCEDURES TO INCLUDE PREAPPLICATION CONFERENCES FOR SITE PLAN AND VARIANCE APPLICATION REQUESTS; TO AMEND THE PUBLIC NOTICE REQUIREMENTS FOR ZONING BOARD OF ADJUSTMENT MEETINGS; TO AMEND THE DENSITY AND DEVELOPMENT STANDARDS FOR THE C-2 (LOCAL COMMERCIAL) DISTRICT; TO AMEND THE DENSITY AND DEVELOPMENT STANDARDS FOR THE OF (OFFICE) DISTRICT; TO AMEND THE STANDARDS FOR DAY CARE, EATING ESTABLISHMENTS, OFFICE, AND RETAIL SALES AND SERVICE; TO AMEND THE SETBACK REQUIREMENTS FOR STRUCTURES BUILT OVER LOT LINES; TO RENAME THE "DOWNTOWN REINVESTMENT ZONE" TO THE "DOWNTOWN DEVELOPMENT AREA"; TO AMEND THE SECTIONS THAT MADE REFERENCE TO THE "DOWNTOWN REINVESTMENT ZONE" TO NOW REFERENCE THE "DOWNTOWN DEVELOPMENT AREA"; TO DELETE THE DEFINITION FOR "DOWNTOWN BUSINESS ZONE"; TO ADD THE DEFINITION FOR "DOWNTOWN DEVELOPMENT AREA" 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. Chapter 11, Section 11.301(2), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.301 REVIEW PROCEDURES (2) Preapplication Conference The applicant shall request a Preapplication Conference with the Zoning Administrator to discuss procedures, standards, and regulations required by this Chapter for the following: (a) Certificate of Appropriateness; (b) Special Exception; (c) General Plan Amendment; (d) Application for Original Zoning; @PFDesktop\: : ODMA/WORLDOX/O:/WDOX/ORDINANC/060209A5.WPD/vr (e) Map Amendment (Rezoning); (f) Planned Unit Development (PUD); (g) Historic (H) Overlay Designation; (h) Site Plan; and (i) Variance. II. Chapter 11, Section 11.301(5)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.301 REVIEW PROCEDURES (5) Public Notice Requirements The purpose of this section is to establish the minimum requirements for notice where required in this Chapter. Unless otherwise specified, when notice is required in this Chapter pursuant to Section 11.301, the notice required is as set forth in subsection (a) and (b) below. (a) Published Notice -General (i) A distinctive Public Hearing Notice shall be placed by the Zoning Administrator at least once in a local official newspaper of general circulation within the City, as designated by the City Council, prior to the meeting, for the purpose of notifying the public of the time and place of such public hearing and the substance of the public hearing agenda items that may be considered or reviewed. (ii) The public hearing notice shall be placed according to the following deadlines: 1. Planning and Zoning Commission — Ten days prior to public hearing 2. City Council — Fifteen days prior to public hearing. (iii) Published notices shall contain at least the following specific information: 1. The general location of land that is the subject of the application and/or a location map; 2. The legal description or street address; 3. The substance of the application, including the magnitude of proposed development and the current zoning district; 4. The time, date and location of the public hearing; 5. A phone number to contact the City; and 6. A statement that interested parties may appear at the public hearing. 2 III. Chapter 11, Section 11.301(5)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.301 REVIEW PROCEDURES (5) Public Notice Requirements (b) Mailed Notice (i) Mailed notices shall be mailed according to the following deadlines: 1. Zoning Board of Adjustment - Ten days prior to public hearing 2. Planning and Zoning Commission - Ten days prior to public hearing 3. City Council - Fifteen days prior to public hearing. (ii) Mailed notices shall contain at least the following specific information: 1. The general location of land that is the subject of the application and/or a location map; 2. The legal description or street address; 3. The substance of the application, including the magnitude of proposed development and the current zoning district; 4. The time, date and location of the public hearing; 5. A phone number to contact the City; and 6. A statement that interested parties may appear at the public hearing. (iii) For proposed changes to zoning classifications or boundaries, excluding applications for original zoning, in addition to published notice as set forth in subsection (a), written notice shall be mailed to each owner, as indicated by the most recently approved City tax roll, of real property within 300 feet of the property on which a change in zoning classification or boundary is proposed before the 10th day before the hearing date. Notice may be served by its deposit in the U.S. mail in the City, properly addressed with postage paid. IV. Chapter 11, Section 11.410(3)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 3 11.410 C-2 (LOCAL COMMERCIAL) DISTRICT (3) Density and Development Standards (a) C-2 (Local Commercial) Density & Development Standards Densit & Develo • ment Standards for C-2 (Local Commercial Description Minimum Lot Area 1) Requirement N/A Minimum Lot Width 50 ft. Minimum Setback from Street (ROW) 20 ft. Minimum Rear Setback 0 or 10 ft. (2) Minimum Rear Setback abutting SF & TF Lots 50 or 100 ft. (3) Minimum Side Setback 0 or 10 ft. (2) Minimum Side Setback abutting SF & TF Lots 50 or 100 ft. (3) Minimum Setback for Accessory Building 0 or 5 ft .(4) (6) Maximum Height of Principal Building 2 stories Maximum Height of Accessory Building 15 ft. Maximum Height of Fence within Street Yard 3 ft. (5) Maximum Height of Fence outside Street Yard 8 ft. (5) "' Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements. (2) 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. (3) For all properties abutting SF & TF lots, with buildings no more than one story in height, 50 ft. setback. For all properties abutting SF & TF lots with buildings greater than one story, 100 ft. setback. Setbacks abutting SF & TF lots shall include a 15 ft. landscaped buffer. No other use is permitted within the buffer. Landscaping shall be in accordance with Section 11.501. `4' The setback shall be 5 ft., except that common walls are not required to have a setback. `5' All fences shall provide a finished face to abutting streets. (6' Accessory buildings and structures are not permitted in any street yard. v. Chapter 11, Section 11.410(3)(h), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.410 C-2 (LOCAL COMMERCIAL) DISTRICT (3) Density and Development Standards (h) Special Conditions for Sites Larger Than Two Acres in Area Commercial development on sites that exceed two acres may be permitted, provided such sites are comprehensively designed as a village center in accordance with the standards below and in addition to the design standards found in (4) 4 below. Such projects are subject to site plan approval. Sites with fifty (50) percent or greater frontage on an arterial roadway are not required to be designed as a village center or meet the standards provided below. (i) The buildings shall be oriented around a green, plaza, or other public open space. (ii) Site plan shall be pedestrian oriented with sidewalks and walkways connecting buildings, plazas, and parking. (iii) No parking in primary street yard (includes the street yard that the green is oriented to). 1. There shall be 100 percent landscaping in primary street yard (excluding side -walk and plaza). 2. Secondary street yards shall have a 15 ft. landscaped strip adjacent to the right-of-way. (iv) Parking shall be located on the sides or rear of buildings. (v) Exterior pedestrian covered walkways are required and shall be placed adjacent to or attached to buildings. VI. Chapter 11, Section 11.411(3)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.411 OF (OFFICE) DISTRICT (3) Density and Development Standards (a) OF (Office) Density & Development Standards Density & Development Standards for OF Description $Office) ' Requirement Minimum Lot Area N/A Minimum Lot Width 50 ft. Minimum Setback from Street (ROW) 20 ft. Minimum Rear Setback 0 or 10 ft.° Minimum Rear Setback abutting SF&TF Lots 50 or 100 ft. (3) Minimum Side Setback 0 or 10 ft.(2 Minimum Side Setback abutting SF&TF Lots 50 or 100 ft. (3) Minimum Setback for Accessory Building 0 or 5 ft. (4) (6) Maximum Height of Principal Building 2 stories Maximum Height of Accessory Building 15 ft. Maximum Height of Fence within Street Yard 3 ft. (5) Maximum Height of Fence outside Street Yard 8 ft. (5) 5 "' Special purpose lots, including but not limited to landscape lots and utility lots, may be exempted from these requirements. (2) 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. (s) For all properties abutting SF & TF lots, with buildings no more than one story in height, 50 ft. setback . For all properties abutting SF & TF Tots with buildings greater than one story, 100 ft. setback. Setbacks abutting SF & TF lots shall include a 15 ft. landscaped buffer. No other use is permitted within the buffer. Landscaping shall be in accordance with Section 11.501. '4) The setback shall be 5 ft., except that no setback is required for common walls. `5' All fences shall provide a finished face to abutting streets. (6) Accessory buildings or structures are not permitted in any street yard. VII. Chapter 11, Section 11.423(4)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 SUPPLEMENTARY USE STANDARDS (4) Bed and Breakfast (b) A bed and breakfast located in a SF -2 district shall be subject to the following additional standards. (i) A bed and breakfast located in a SF -2 district shall be in the Downtown Development Area. (ii) The operator of the Bed and Breakfast shall be a full-time resident of the dwelling in which the Bed and Breakfast establishment is housed. (iii) A maximum of four guest rooms shall be provided in any one bed and breakfast establishment. (iv) No exterior evidence of the bed and breakfast shall be allowed, except for one attached sign no larger than twelve square feet. VIII. Chapter 11, Section 11.423(8)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 6 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, unless the site has fifty (50) percent or greater frontage on an arterial roadway, in which case the day care facility may not exceed 7,500 square feet. IX. Chapter 11, Section 11.423(9)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 SUPPLEMENTARY USE STANDARDS (9) Eating Establishments (b) Eating establishments permitted in the C-2 district are subject to the following requirements: (i) On sites smaller than two acres, the gross floor area shall not exceed 2,500 square feet for eating establishments. (ii) On sites larger than two acres, the gross floor area of each eating establishment shall not exceed 5,000 square feet. (iii) On sites with fifty (50) percent or greater frontage on an arterial roadway, the gross floor area for eating establishments shall not exceed 7,500 square feet. (iv) No drive-through service is allowed. (v) Signs shall not be internally illuminated. X. Chapter 11, Section 11.423(14), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 7 11.423 SUPPLEMENTARY USE STANDARDS (14) Office Office uses in the C-2 district are subject to the following requirements: (a) On sites smaller than two acres, office uses shall not exceed 2,500 square feet of gross floor area. (b) On sites larger than two acres, office uses shall not exceed 5,000 square feet of gross floor area. (c) On sites with fifty (50) percent or greater frontage on an arterial roadway, office uses shall not exceed 10,000 square feet of gross floor area. XI. Chapter 11, Section 11.423(21)(b), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 SUPPLEMENTARY USE STANDARDS (21) Retail Sales and Service (b) C-2 District Retail sales and service uses in the C-2 district are subject to the following requirements: (i) On sites smaller than two acres, retail sales and service uses shall be limited to 2,500 square feet of gross floor area. No drive-through facilities are permitted. (ii) On sites larger than two acres, retail sales and service uses shall be limited to 5,000 square feet of gross floor area. No drive-through facilities are permitted. (iii) On sites with fifty (50) percent or greater frontage on an arterial roadway, retail sales and service uses shall be limited to 7,500 square feet of gross floor area. Drive-through facilities are permitted for banks as long as there is an intervening building that effectively screens the drive-through area, including stacking spaces, from adjacent residences. 8 XII. Chapter 11, Section 11.423(24), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 SUPPLEMENTARY USE STANDARDS (24) Single -Family Attached and Single -Family Detached Dwelling Units in C-1 and C -la Single -Family Attached (2 dwelling units) and Single -Family detached dwelling units in the C-1 and C -la districts are permitted only in the Downtown Development Area. XIII. Chapter 11, Section 11.423(26)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.423 SUPPLEMENTARY USE STANDARDS (26) Upper Story Residential (a) Except as provided in paragraph (b) below, upper story residential uses are permitted subject to the following standards. (i) In the C-1 and C -la districts, upper story residential is permitted only in the Downtown Development Area, the CT overlay, and the PV overlay. (ii) In the C-2 district, upper story residential uses are permitted only on sites larger than two acres. In the C-1, C -la and C-2 districts, the residential use shall be clearly secondary to the principal commercial use. The gross floor area of the entire building shall include not more than 50 percent residential uses. In the C-1, C- la and C-2 districts, separate designated parking spaces for use by the residential units are required. Shared parking calculations shall not be permitted. XIV. Chapter 11, Section 11.426(3), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 9 11.426 HEIGHT AND PLACEMENT REQURIEMENTS (3) Setbacks Setbacks refer to the open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this section. (a) Features Allowed Within Setbacks The following features may be located within a required setback: (i) Trees, shrubbery or other landscape features may be located within setbacks. (ii) Fences and walls, provided that they are in compliance with any specific requirements of the zoning district. (iii) Driveways and parking pads may be located in front and street side setbacks. (iv) Sidewalks may be located in setbacks. (v) Utility lines, wires and associated structures, such as power poles may be located in setbacks. (vi) Satellite dish antennas are treated as accessory buildings, and may not be placed in required setbacks for accessory buildings. (b) Corner Lot Vision Clearance On all corner lots, nothing shall be erected, placed, planted or allowed to grow in such a manner to impede vision between a height of three feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the curb lines of such corner lots and a line joining points along the curb lines 40 feet from the point of the intersection. See Section 11.501 for additional requirements. (c) Contextual Setbacks Where 51 percent or more of the frontage within a block is occupied or partially occupied by a building or buildings with front yards of less depth than required by this Chapter, the remainder of that block may be developed by observing the established front yard line, if approval thereof is granted by the Zoning Administrator. (d) Special Setbacks Where setback lines have been established on any street by the appropriate approval authority of a subdivision plat, such setback lines shall prevail over the front setbacks of the underlying zoning district if greater than those required by the underlying zoning district. (e) Structures Built Over Property Lines Where structures are built over one or more property lines and the lots are owned by the same Person, the setback requirements applicable to the property lines crossed do not apply. 10 XV. Chapter 11, Section 11.502(5)(a), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.502 OFF-STREET PARKING AND LOADING (5) Downtown Development Area Special Requirements (a) The property owners of all properties located within the Downtown Development Area which are zoned C-1 (General Commercial) and are adjacent to streets with rights-of-way 80 feet wide or greater, other than Round Rock Avenue, Mays Street, and South Lampasas Street from Bagdad Street to the alleyway between Bagdad Street and East Main Street, shall be permitted to utilize said rights-of-way for on -street parking spaces to meet the City's parking requirements. XVI. Chapter 11, Section 11.505(3), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 11.505 OUTDOOR DISPLAY AND STORAGE (3) Categories of Outdoor Display and Storage (a) Outdoor Display (i) Outdoor display is display of items actively for sale. (ii) Outdoor display shall be allowed adjacent to a principal building wall and except as provided below, extend to a distance no greater than 10 feet from the wall. Such display shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the sidewalks. (iii) Outdoor display located more than 10 feet from the wall of a principal building shall be fenced in by a masonry, wrought iron or similar material fence/wall. The location and fencing of such a display shall be approved by the Planning Director. (iv) Outdoor display in the OS district shall only be permitted in metropolitan and regional parks. (v) Outdoor display in the Downtown Development Area and in the MU -la district may be permitted in limited quantities provided it does not impede pedestrian traffic. 11 XVII. Chapter 11, Section 11.802, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to delete the definition for "Downtown Reinvestment Zone" and add the definition for "Downtown Development Area" as follows: 11.802 DEFINITIONS Downtown Development Area The downtown development area is defined geographically beginning with the eastern edge of the northbound frontage road of Interstate Highway 35 where it crosses the approximate center line of Brushy Creek, then proceeding south along said edge of the northbound frontage road to the approximate center line of Lake Creek, then proceeding southeast along the approximate center line of Lake Creek to the approximate center line of the northern most track of the Union Pacific Railroad, then proceeding northeast along the approximate center line of the northern most track of the Union Pacific Railroad to the western line of the original P.A. Holder Survey, then proceeding north along said western line of the survey (east of College Street) to the approximate center line of Brushy Creek, then proceeding west along the approximate center line of Brushy Creek to the eastern edge of the northbound frontage road of Interstate Highway 35, being the point of beginning. XVIII. 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, 12 considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ and APPROVED on first reading this the day of , 2006. READ, APPROVED and ADOPTED on �g eadin this the day of ..rJ AT , 2006. (TY' NY ELL a r City Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar 13 DATE: February 2, 2006 SUBJECT: City Council Meeting - February 9, 2006 ITEM: 9.A.5. Consider an ordinance amending Chapter 11, Zoning, of the City of Round Rock Code of Ordinances. (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Director Justification: 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. Application Completeness Requirements Staff proposes to require a pre -application conference for site plan and variance proposals. Section 11.301(2) of the Zoning Ordinance requires applicants to request a pre -application conference for all procedures contained within the Zoning Ordinance with the exception of site plan and variance procedures. These procedures were inadvertently omitted when the Zoning Ordinance was adopted. Staff would like to add these procedures, since the pre -application process is an important step in ensuring application completeness. Public notice requirements for the Zoning Board of Adjustment Section 11.301(5) of the Zoning Ordinance requires both mailed notices and published newspaper notices for public hearings relating to applications made to the Zoning Board of Adjustment (ZBA). The ZBA renders decisions on requests for variances and special exceptions. Since ZBA applications are specific to particular tracts of land and affect the interests of abutters, as opposed to the city at Targe, our legal staff has recommended that the requirement for published notice be removed from the Zoning Ordinance. This will ensure consistency between the Zoning Ordinance and the Texas Local Government Code. Name change for Downtown Reinvestment Zone to Downtown Development Area Existing regulations in the Zoning Ordinance delineate a section of downtown Round Rock as the Downtown Reinvestment Zone. The area is roughly bounded by IH -35 to the west, Brushy Creek to the north, the Union Pacific rail road line to the south, and the western line of the P.A. Holder Survey to the east (east of College Street). The Downtown Reinvestment Zone was originally adopted in 1995 for the purpose of defining the area of the downtown eligible for participation in a City tax abatement program. The program offered tax abatements for new construction and redevelopment projects that met City Council approved design criteria. The tax abatement program has since expired, but the area remains important for zoning purposes since City Council has attached several development regulations to it. These regulations are in no way related to the original tax abatement program. For example, specific provisions for upper -story residential construction and bed and breakfasts, among others, are attached to this section of the downtown. 9.A.5. Continued Since the term "reinvestment zone" has tax implications per state legislation, our legal staff has recommended that the area be renamed to avoid potential confusion regarding the area's purpose. Accordingly, staff proposes the area be renamed the "Downtown Development Area." The proposal before you amends all references to the Downtown Reinvestment Zone and replaces them with the new name. In addition, staff proposes the inclusion of a new definition that precisely defines the geographic area. Setback requirements for structures crossing one or more property lines Section 11.426(3) of the Zoning Ordinance outlines setback requirements. Staff proposes to add a provision that addresses setback requirements for structures built over one or more property lines. Setback requirements applicable to the crossed property line(s) will no longer apply. However, setbacks will still apply along the perimeter of the lots. This provision is being added to clarify the obvious problem of enforcing setbacks on buildings that straddle property lines. Changes to C-2 (Local Commercial) and OF (Office) zoning districts Both the C-2 and OF districts include a number of development standards intended to ensure compatibility with nearby residential neighborhoods. Unfortunately, the height and size limitations have proven to be overly restrictive and have limited the usefulness of the districts, particularly along arterial roadways. To address these issues, staff is proposing to increase the size limitations of day cares, eating establishments, offices and retail sales and services. Staff is also proposing to eliminate the requirement to use the "village" design format for C-2 sites along arterial roadways. The configuration of the village design, with the buildings pulled up close to the street, works well in a pedestrian environment, but is not so practical when located on a busy arterial roadway, such as US 79 or FM 1460. Along the same lines, staff is also proposing to allow drive-through banks on arterial roadways as long as the drive-through lanes are screened from any adjacent residences. Additionally, staff is proposing to alter the height and setback regulations for the C-2 and OF districts. For the C-2 district, staff is proposing to make the allowable height dependent on the size of the setback rather than on the size of the lot (i.e. a 50 -foot setback for one-story buildings, and a 100 -foot setback for two-story buildings). This change guarantees an appropriate separation between a two-story building and adjacent residences. Similarly, staff is proposing to allow two stories in the OF district using the same setback requirements. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The Zoning Ordinance was adopted by City Council in May 2002. Staff regularly reviews the ordinance to ensure its effectiveness and operational efficiencies. Public Comment: 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 Commission on January 11, 2006.