Austin, TX "Big Box" Regulations

Type: Ordinance

Status: Adopted on 2/15/07

Source File: http://www.ci.austin.tx.us/council_meetings/wams_item_attach.cfm?recordID=4053

Text:

AN ORDINANCE AMENDING CHAPTER 25-2 OF THE CITY CODE TO ADD SECTION 25-2-813 RELATING TO LARGE RETAIL USES; AND AMENDING SECTION 25-5-145 OF THE CITY CODE RELATING TO CONDITIONAL USE SITE PLAN EVALUATION.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

PART 1. Chapter 25-2 (Zoning) of the City Code is amended to add Section 25-2-813 to read:

§ 25-2-813 LARGE RETAIL USES.

(A) In this section, LARGE RETAIL USE means one of the following principal uses, including its accessory uses, with 100,000 square feet or more of gross floor area:

1. agricultural sales and services use;
2. art gallery use;
3. art workshop use;
4. automotive repair services use;
5. automotive sales use;
6. construction sales and services use;
7. equipment sales use;
8. food sales use;
9. general retail services (convenience) use;
10. general retail sales (general) use;
11. liquor sales use;
12. monument retail sales use;
13. pawn shop services use;
14. personal improvement services;
15. pet services use;
16. plant nursery use;
17. recreational equipment sales use;
18. restaurant (general) use;
19. restaurant (limited) use;
20. service station use;
21. special use historic use; or
22. veterinary services use.

(B) This section does not apply in a:

1. planned unit development (PUD) district;
2. traditional neighborhood (TN) district; or
3. transit oriented development (TOD) district.

(C) A large retail use is allowed only in a community commercial (GR) or less restrictive zoning district.

(D) A large retail use is a conditional use, unless the council establishes it as a permitted use in an ordinance zoning or rezoning property.

(E) If the council permits a large retail use:

1. a principal use described in Subsection (A) that is a prohibited use in the applicable zoning district remains a prohibited use; and
2. a principal use described in Subsection (A) that is a conditional use in the applicable zoning district remains a conditional use, and land use commission review of that conditional use is required in accordance with Chapter 25-5, Article 3 (Land Use Commission Approved Site Plans).

(F) Additional notice is required for a large retail use in an application for zoning 26 or rezoning or conditional use site plan, as prescribed in this subsection.

1. In addition to the notice required by Subchapter B, Division 3 (Notice Of Filing; Director’s Report) or Division 4 (Public Hearing; Action) or by Section 25-5-144 (Public Hearing And Notice) the director shall give notice to all registered neighborhood associations with boundaries located within one mile of the site.
2. The applicant shall post a sign on the site in a location that is within 25 feet of and visible from the public right-of-way. The sign must be at least four feet by eight feet in size with lettering at least four inches high. The sign must include the following information:

(a) a statement that an application for approval of a zoning or rezoning or a conditional use site plan, as applicable, for a large retail use has been filed;

(b) the city file number;

(c) the name, address, and telephone number of the applicant or agent; and

(d) a description of the proposed development, including the size and use of the building.

(G) In determining whether zoning or rezoning for a large retail use is appropriate, the council shall consider whether the large retail use complies with the following standards.

1. A large retail use must:

(a) comply with the requirements of this title;

(b) comply with the objectives and purposes of the zoning district;

(c) have building height, bulk, scale, setback, open space, landscaping, drainage, access, traffic circulation, and use that is compatible with the use of an abutting site;

(d) provide adequate and convenient off-street parking and loading facilities; and

(e) reasonably protect persons and property from erosion, flood, fire, noise, glare, and similar adverse effects.

2. A large retail use may not:

(a) more adversely affect an adjoining site than would a permitted use;

(b) adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area;

(c) adversely affect an adjacent property or traffic control through the location, lighting, or type of a sign;

(d) adversely affect the future redevelopment of the site; or

(e) adversely affect the public health, safety, or welfare, or materially injure property.

(H) In an ordinance zoning or rezoning property to permit a large retail use, the council may include a requirement for:

1. a special yard, open space, buffer, fence, wall, or screen;
2. landscaping or erosion control;
3. a street improvement or dedication, vehicular ingress and egress, or traffic circulation;
4. signs;
5. characteristics of operation, including hours of operation;
6. a development schedule; or
7. other measures that the council determines are required for compatibility with surrounding uses, the preservation of public health, safety, or welfare, or compliance with the standards in Subsection (G).

PART 2. Section 25-5-145(C) (Evaluation Of Conditional Use Site Plan) of the City Code is amended to read:

(C) A conditional use site plan may not:

1. more adversely affect an adjoining site than would a permitted use;
2. adversely affect the safety or convenience of vehicular or pedestrian circulation, including reasonably anticipated traffic and uses in the area; [or]
3. adversely affect an adjacent property or traffic control through the location, lighting, or type of a sign; or
4. for a large retail use described in Section 25-2-813 (Large Retail Uses), adversely affect the future redevelopment of the site.