G-12-04-12-10D1 - 4/12/2012 1 ORDINANCE NO. wc>j
2
3
4 AN ORDINANCE AMENDING THE CODE OF ORDINANCES (2010 EDITION),
5 CHAPTER 36, SECTION 36-39 TO AMEND NOTICE REQUIREMENT FOR CONCEPT
6 PLAN, AND SECTION 36-43 TO AMEND NOTICE REQUIREMENTS FOR REPLATS;
7 AND CHAPTER 46, SECTION 46-92 TO ADD ON-SITE PUBLIC HEARING
8 NOTIFICATION SIGN; AND PROVIDING FOR A SAVINGS CLAUSE AND
9 REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS.
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
12 TEXAS:
13 (.
14 That Chapter 36, Section 36-39, Code of Ordinances (2010 Edition), City of Round
15 Rock, Texas, is hereby amended to read as follows:
16 Sec. 36-39. Concept Plan.
17
18 (a) Purpose and intent. The purpose of the concept plan is to present a layout of a proposed
19 subdivision or addition. The intent of the concept plan is to facilitate the review of the proposed
20 subdivision or addition in accordance with the general plan policies and, where applicable, the
21 concurrent review by the planning and zoning commission for original zoning recommendation for
22 the proposed subdivision. In addition, the purpose is to determine the availability of city utilities,
23 streets and drainage.
24
25 (b) Platting of parent tract. In order to ensure the orderly planning of streets, utilities, drainage and
26 other public facilities, the parent tract must be included in a concept plan.
27
28 (c) Predevelopment conference. The developer must attend a predevelopment conference prior to
29 the filing of an application for approval of a concept plan.
30
31 (d) Required. The developer shall submit a concept plan of the proposed subdivision or addition prior
32 to the submission of a preliminary plat application for approval by the planning and zoning
33 commission, when the proposed subdivision or addition contains more than five acres or is
34 located in the ETJ.
35
36 (e) Application requirements. The developer shall submit a concept plan application that contains all
37 of the following:
38
39 (1) The number of copies specified in the development packet with the title of the concept
40 plan appearing on the outside and folded to a size specified in the development packet;
41 (2) An aerial photo at the same scale as the reproducible drawing;
42 (3) A location map showing the proposed subdivision or addition with a 300-foot line drawn
43 around the proposed subdivision or addition with a key referencing the list provided in
44 subsection (e)(7)of this section;
45 (4) A plan that indicates the availability of utilities, streets and drainage to the tract or
46 identifies the availability of extensions of utilities, streets and drainage necessary to serve
47 the tract;
48 (5) A commitment letter stating that an annexation petition will be provided upon the request
49 by the planning director. Said petition shall include a metes and bounds description
O:\wdox\SCClnts\0112\1204\MUPIICIPAU00247338 DOC
I labeled as exhibit "A" with an accompanying sketch of a size specified in the
2 development packet and a copy of the deed showing the current owner and labeled as
3 exhibit"B," if applicable;
4 (6) A letter from the developer's engineer describing how the subdivision will be served by
5 water and wastewater and how the utilities will interface with adjacent tracts. The letter
6 must include oversize construction and/or off-site requirements, if applicable, and a
7 general discussion on drainage. If the subdivision is to be served by a municipal utility
8 district (MUD) or other authorized utility provider, a letter certifying the availability of
9 utilities must be provided. If the MUD is in the process of being created, the letter
10 certifying the availability of utilities must be provided prior to the final plat hearing by the
11 planning and zoning commission for approval;
12 (7) A listing of all property owners within 300 feet of the proposed subdivision or addition,
13 with addresses as recorded by the appropriate tax appraisal district;
14 (8) A letter of intent for parkland dedication form, as provided in the development packet;
15 (9) If applicable, a city-approved TIA pursuant to the requirements of section 36-106
16 (10) If applicable, a written request to use a tree inventory or a partial tree survey in lieu of a
17 tree survey, as defined in section 14-20, and pursuant to the requirements of section 14-
18 25
19 (11) The concept plan drawing which shall include all of the information specified in the
20 development packet;
21 (12) An electronic copy of the concept plan in a format specified in the development packet;
22 (13) All other application requirements specified in the development packet; and
23 (14) Payment of applicable fees.
24
25 (t) Notice requirement for concept plan. The planning department will mail a notice of public hearing
26 to each property owner named, as required by subsection (e)(7) of this section. The notice shall
27 state in effect that a concept plan is pending before the planning and zoning commission, and
28 shall include a disclaimer stating that the notice is for information purposes only and that the
29 planning and zoning commission will not take into consideration the use of the property when
30 approving the concept plan. The notice for public hearing shall be mailed not less than ten days
31 prior to the date of the planning and zoning commission meeting and shall provide the date, place
32 and time of the meeting. Additionally, one on-site public hearing notification sign shall be placed
33 by city staff on each property requiring a public hearing not less than ten (10) days prior to the
34 Planning and Zoning Commission public hearing date. The sign shall be placed perpendicular to
35 and no further than fifteen (15)feet from the roadway, or as deemed suitable by staff.
36
37 fq1 Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is
38 damaged or removed shall not impair the notice or invalidate proceedings pursuant to the notice if
39 a bona fide attempt has been made to comply with applicable notice requirements. Defects in
40 notice provisions which exceed the requirements of V.T.C.A., Local Government Code ch. 211
41 shall not invalidate any action or proceedings pursuant thereto.
42
43 (,q)L1 City staff review. After the city staff review and comment period, the developer shall submit to the
44 planning department the number of corrected copies of the concept plan specified in the
45 development packet, along with one reproducible drawing complete with all required information.
46
47 {WLi2 Revisions to approved concept plans. Approved concept plans shall be revised in conjunction
48 with the preliminary plat when a minor revision to an approved preliminary plat is requested, as
49 provided for in subsection 36-40(f)(1). A request for a major revision to a preliminary plat shall
50 trigger the submittal of a new concept plan in conjunction with the major revision requested and
51 trigger notice requirements provided for in subsection (f) of this section.
52
2
1 II.
2 That Chapter 36, Section 36-43, Code of Ordinances (2010 Edition), City of
3 Round Rock, Texas, is hereby amended to read as follows:
4 Sec. 36-43. Replat.
5
6 (a) Purpose and intent. The purpose of a replat is to resubdivide all or part of a recorded plat, without
7 the vacation of the preceding plat, and to allow for a review by the planning and zoning
8 commission.
9
10 (b) Predevelopment conference. The developer must attend a predevelopment conference prior to
11 the filing of an application for approval of a replat.
12
13 (c) When permitted. The developer shall submit to the planning and zoning commission for approval
14 a replat, in compliance with the Texas Local Government Code as amended.
15
16 (d) Application requirements. A replat application must include the following:
17 (1) The number of copies specified in the development packet with the title of the replat
18 appearing on the outside and folded to a size specified in the development packet;
19 (2) An abstractor's certificate which shall state the names and addresses of any and all
20 current owners and current lienholders of the property described in the replat. The
21 abstractor's certificate shall be dated no earlier than 30 days prior to submission of the
22 replat;
23 (3) A copy of the deeds identifying the owners of the property;
24 (4) An engineer's report;
25 (5) If applicable, a city-approved TIA for the proposed replat pursuant to the requirements of
26 section 36-106
27 (6) Certification from a surveyor that the property boundary closes as per minimum
28 standards set forth by the Texas Board of Professional Land Surveying Code, as
29 amended, specifically sections 663.13 through 663.23, which include provisions requiring
30 1:10,000 + 0.10 feet precision for monuments found or set within the corporate limits of
31 any city in the state;
32 (7) A list of names and addresses of the owners of property that are in the original
33 subdivision and that are located within 300 feet of the property contained in the replat as
34 recorded on the current tax roll including:
35 a. A diagram that identifies said properties and a key to the list provided; and
36 b. Addressed official city envelopes for the adjacent property owners identified for
37 delivery in regular mail;
38 (8) The replat drawing which shall include all of the information specified in the development
39 packet;
40 (9) An electronic copy of the plat in a format specified in the development packet;
41 (10) All other application requirements specified in the development packet; and
42 (11) Payment of applicable fees.
43
44 (e) Notice requirement for replats. Notice of a replat public hearing shall be given, not less than 15
45 days before the date set for the hearing, by publication and by written notice forwarded by the
46 planning director to the owners of property lying outside of the replat boundaries and within 300
47 feet of those boundaries as indicated on the most recently approved municipal tax roll or, in the
48 case of a subdivision within the ETJ regulated by the city, the most recently approved county tax
49 roll of the property upon which the replat is requested. The written notice may be delivered by
50 depositing the notice, properly addressed with postage prepaid, in a post office or postal
51 depository within the municipal boundaries. Additionally, one on-site public hearing notification
52 sign shall be placed by city staff on each property requiring a public hearing not less than ten (10)
53 days.prior to the Planning and Zoning Commission public hearing date. The sign shall be placed
3
1 perpendicular to and no further than fifteen (15) feet from the roadway, or as deemed suitable by
2 staff.
3
4 (fl Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is
5 damaged or removed shall not impair the notice or invalidate proceedings pursuant to the notice if
6 a bona fide attempt has been made to comply with applicable notice requirements. Defects in
7 notice provisions which exceed the requirements of V.T.C.A.. Local Government Code ch. 211
8 shall not invalidate any action or proceedings pursuant thereto.
9
10 MLgj City staff review. After the city staff review and comment period, the developer shall submit to the
11 planning department the number of corrected copies specified in the development packet, along
12 with one reproducible drawing with all required information in a format specified in the
13 development packet.
14
15
16 III.
17 That Chapter 46, Section 46-92, Subsections (c) and (e), Code of Ordinances
18 (2010 Edition), City of Round Rock, Texas, are hereby amended to read as follows:
19 Sec.46-92. Review Procedures.
20
21 (c) Application forms and fees. The following regulations shall apply to all applications:
22
23 (1) Forms. Applications required under this chapter shall be submitted on forms and in such
24 numbers as required by the city and as specified in the development packet for zoning
25 and the development packet for site development permit.
26 (2) Development packets. The development packet for zoning and the development packet
27 for site development permit shall mean the set of application procedures maintained and
28 on file at the planning department pertaining to, among other things, the zoning and site
29 development of land.
30 (3) Fees. AppliGants for the rezoning of property and for appr-eval of site plans shall pa!,
31 appliGable fees, as, roet farth belei,A"� All fees shall be paid upen the sub ittal of an
32
33 been paid.
34 a.
35 -1-. Map amendment(Fezeninq) $750.00
36 2_ Planned unit development(on downtown masteF plan aFea only, as
37 d-e-finead- on page 1 of the d_eiNntn_%xPmarteF plan adopted by QrdinaAGe
38
39 3_ Planned unit development(in all areas eutside of downtown masteF plan
40 area) $2,000.00 plur,$200.00 peF aGFe, Ga'GU!ated as appears unde
41 "nim
42 Notes:
43
44 aGFe, GaIGUlated on a pro rata basis' Exarnple� A 20W5 ainUe tr-;IGt would generate a fee n
45 .
46 - - $2,350
47 Regardless of thp feFegeing, the total feeGharged fbF a planned Ait development shall
48 not eXGeed $5,000.04.
49 4
50 4- MajoF PUD amendment$1,000.0-0
51 6- VaFmaRGe $509-.-GO
52 7— SpeGial eXGeptieR $500.00
53 8-.- Temporary use permit$50-M
4
1 9: NetffiGafian fees$1.0-0
2 per notified pr-epeFty owne
3 40-. Zoning notifiGation letter$50.0090
4
5 b. Site plans.
6 1. Small pF9jeGt Site plan .....
7 (see"Notes")
$ .
9 Site aFea 0.59 aGFer,or lessr,:
10 ,
11 rquare feet);
12 ,
13 ;
14 •
15 .....
$1,00040 PIU6
16 "Not
17 Notes
18 $1,000.00 plus $200.00 times the numbeF of aGFeS Or fraRG-149A thereof in eXGess__9f
19
20 -
21 - - ;
22 Th;s fee inslades the review of the initial appf,natien and if nenessaFy,
23
24 Ren rills of the foregoingthe total fee from a site plan with three staff reviews
25 shall not exGeed $5,QQQ.00.
26 ....
27
28 plan appliGations due te inGeMplete plans eF plans that do not fully
29 ddresS somments as determined by the zoning administrator
aQ�� ate«„„,,,
30
31 ren,
32 4. ReVi6i9A to appFaved site plan ••••
33 Re. inn fee are ren,,ired if a nhanne is mode to an aroved site plan that
h J rprp
34
355 L�sen�e-agreements ...�--$250.00
36
37 (e) Public notice requirements. The purpose of this section is to establish the minimum requirements
38 for notice where required in this chapter. Unless otherwise specified, when notice is required in
39 this chapter pursuant to section 46-97, the notice required is as set forth in subsections (e)(1)and
40 (2) of this section.
41
42 (1) Published notice—General.
43 a. A distinctive public hearing notice shall be placed by the zoning administrator at
44 least once in a local official newspaper of general circulation within the city, as
45 designated by the city council, prior to the meeting, for the purpose of notifying
46 the public of the time and place of such public hearing and the substance of the
47 public hearing agenda items that may be considered or reviewed.
48 b. The public hearing notice shall be placed according to the following deadlines:
49 1. Planning and zoning commission: Ten days prior to public hearing.
50 2. City council: 15 days prior to public hearing.
51 C. Published notices shall contain at least the following specific information:
52 1. The general location of land that is the subject of the application and/or a
53 location map;
54 2.The legal description or street address;
55 3. The substance of the application, including the magnitude of proposed
56 development and the current zoning district;
57 4.The time, date and location of the public hearing;
5
1 5.A phone number to contact the city; and
2 6.A statement that interested parties may appear at the public hearing.
3
4 (2) Mailed notice.
5 a. Mailed notices shall be mailed according to the following deadlines:
6 1.Zoning board of adjustment: Ten days prior to public hearing.
7 2. Planning and zoning commission: Ten days prior to public hearing.
8 3. City council: 15 days prior to public hearing.
9 b. Mailed notices shall contain at least the following specific information:
10 1.The general location of land that is the subject of the application and/or a
11 location map;
12 2.The legal description or street address;
13 3.The substance of the application, including the magnitude of proposed
14 development and the current zoning district;
15 4.The time, date and location of the public hearing;
16 5.A phone number to contact the city; and
17 6.A statement that interested parties may appear at the public hearing.
18 C. For proposed changes to zoning classifications or boundaries, excluding
19 applications for original zoning, in addition to published notice as set forth in
20 subsection (e)(1) of this section, written notice shall be mailed to each owner, as
21 indicated by the most recently approved city tax roll, of real property within 300
22 feet of the property on which a change in zoning classification or boundary is
23 proposed before the tenth day before the hearing date. Notice may be served by
24 its deposit in the U.S. Mail in the city, properly addressed with postage paid.
25
26 (3) On-site public hearing notification sign. One on-site public hearing notification sign shall
27 be placed by city staff on each property requiring a public hearing not less than ten (10)
28 days prior to the Planning and Zoning Commission public hearing date and not less than
29 fifteen (15) days prior to the City Council public hearing date. The sign shall be placed
30 perpendicular to and no further than fifteen (15) feet from the roadway, or as deemed
31 suitable by staff.
32
33 (443) Constructive notice. Minor defects in notice or if an on-site public hearing notification sign
34 is damaged or removed shall not impair the notice or invalidate proceedings pursuant to
35 the notice if a bona fide attempt has been made to comply with applicable notice
36 requirements. Defects in notice provisions which exceed the requirements of V.T.C.A.,
37 Local Government Code ch. 211 shall not invalidate any action or proceedings pursuant
38 thereto.
39
40 L54) Summary of notice required. P,1himshpd or mailedPublished, mailed, or signed notice shall
41 be required for development review as shown in the following table:
Procedure Published Mailed On-site public
hearing
notification signs
Ip aced
Variance X X
Special exception X X
General plan text amendment X
General plan map amendment X X
Zoning Ttext amendment X
Application for original zoning X XO) X
Zoning map amendment X X X
PUD development plan/rezoning X X X
6
Historic overlay designation X X X
Partial historic tax exemption X
1 Mailed notice is included as part of the platting notice mailed to property owners.
2
3
4 IV.
5
6 This Ordinance shall take effect 30 days from and after its passage and it is
7 accordingly so ordained.
8
9 V.
10
11 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
12 expressly repealed.
13 B. The invalidity of any section or provision of this ordinance shall not
14 invalidate other sections or provisions thereof.
15 C. The City Council hereby finds and declares that written notice of the date,
16 hour, place and subject of the meeting at which this Ordinance was adopted was posted
17 and that such meeting was open to the public as required by law at all times during
18 which this Ordinance and the subject matter hereof were discussed, considered and
19 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
20 Government Code, as amended.
21 Alternative 1.
22 By motion duly made, seconded and passed with an affirmative vote of all the
23 Council members present, the requirement for reading this ordinance on two separate
24 days was dispensed with.
25 READ, PASSED, and ADOPTED on first reading this I2- '" day of
26 , � , 2012.
7
1 Alternative 2.
2 READ and APPROVED on first reading this the day of
3 , 2012.
4 READ, APPROVED and ADOPTED on second reading this the day of
5 , 2012.
6
7
8 ALAN MCGRAW, Mayor
9 City of Round Rock, Texas
10
11 ATTEST:
12 13 Q*A,
14 SARA L. WHITE, City Clerk
15
8
ROUN7K,TEXAS Ci Council Agenda Summar Sheet
PURPOSE.PASSION.PROSPERITY.
Agenda Item No. 10D1.
Consider public testimony regarding and an ordinance amending Chapters 36
(Subdivisions) and 46 (Zoning) of the Code of Ordinances (2010 Edition) regarding signage
for notices of public hearing and regarding fees for zoning applications and site plans.
Agenda Caption: (First Reading)
Meeting Date: April 12,2012
Department: Planning and Development Services
Staff Person making presentation: Peter Wysocki
Planning and Development Services Director
Item Summary:
The reason for these amendments is to address complaints from some city residents of insufficient notification of
public hearings. Public hearings are required for general plan amendments, original zonings, rezonings, PUDs,
subdivision concept plans,replats,special exceptions and variances. Text amendments, although they require public
hearings, will not require a sign because no specific property is under review during that process. Presently, direct
notices of public hearings are sent to property owners within 300 feet of the property subject to the public hearing.
The City exceeds the minimum state requirement,which is 200 feet. Property owner addresses used to mail out the
direct notices are based on the County Tax Assessor and are outside the city's control - typically there is a delay
between the updated property owner information on the County's website and the actual occupancy of a home by
the purchaser. Notices of public hearings are also published in legal section of the newspaper.
Methods of increasing awareness of public hearings were discussed between staff and the Planning and Zoning
Commission at the December 6, 2011 annual retreat. After considering several options, staff came to the conclusion
that placing on-site signs is the most effective and simple method to improve public awareness.
This amendment represents an additional step by the city to notify individuals of a public hearing regarding a
property in their neighborhood. The on-site public hearing notification signs will be placed on the subject properties
at the same time the other required notices are published and mailed,which is ten days prior to Planning and Zoning
Commission meetings and fifteen days prior to City Council meetings. Similar signage has already been
implemented in nearby cities. Staff anticipates that the signs will be 36" by 24" on a wire frame, similar(but larger)
to those used for watering restrictions.
Additionally, the Council will notice that Sec. 46-92 (c) (3) regarding fees has been removed. This section is no
longer necessary in the zoning and subdivision ordinances since all fees have been placed in Appendix A of the Code,
at which time this section was supposed to have been removed. Staff recommends a $20 charge (filed with the
application fee) to the applicant to cover the manufacturing costs of the signs. This fee is part of the resolution to
be enacted tonight.
Approx.$600 for 30 re-usable signs purchased at roughly$20 each,fee charged to
Cost: the applicant
Source of Funds: General Fund
Date of Public Hearing(if required): April 12, 2012