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G-12-04-26-H2 - 4/26/2012 I ORDINANCE NO. l��2���� � 2 3 4 AN ORDINANCE AMENDING CHAPTER 36, SECTION 36-10, CODE OF 5 ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS, 6 REGARDING PERMIT ISSUANCE; AND PROVIDING FOR A SAVINGS 7 CLAUSE AND REPEALING CONFLICTING ORDINANCES AND 8 RESOLUTIONS. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 11 TEXAS: 12 I. 13 That Chapter 36, Section 36-10, Code of Ordinances (2010 Edition), City of 14 Round Rock, Texas, is hereby amended to read as follows: 15 Sec. 36-10. -Permit issuance. 16 17 (a) Building permits. Except as provided below, no building permits, certificates of occupancy, or 18 other permits of any kind shall be issued by the city for the construction or development of any 19 parcel of land until a plat has been recorded in accordance with this chapter and the requirements 20 of chapter 10, buildings and building regulations, have been satisfied. 21 22 (1) A plat is not required for the construction of a wireless transmission facility on a parcel of 23 land. 24 25 (2) A plat is not required for the construction of a building or structure on property zoned AG, 26 provided that no on-site or off-site public improvements are needed to serve the parcel of 27 land. 28 29 (3) A plat is not required for any modification to an existing structure if said modification is 30 within the existing footprint of said structure. 31 32 (4) A plat is not required for expansion to existing structures or site modifications, unless said 33 expansion or site modification triggers a traffic impact analysis, requires extension of city 34 utilities or roadways, or requires floodplain delineation as set forth by this code. 35 36 (5) A plat is not required for new installation, repair, replacement, or removal of a sign. 37 38 (b) Certificate of occupancy. Whenever a plat is required by this chapter, no certificate of occupancy 39 shall be issued for a building on a lot within a plat until such time that the required public 40 improvements serving all lots within the recorded plat have been completely installed, inspected, 41 and accepted by the city as required in article VII of this chapter 42 O:\wdox\SCClnts\0112\1204\MUNICIPAL\00248242.DOCX/rmc 1 II. 2 3 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 4 expressly repealed. 5 B. The invalidity of any section or provision of this ordinance shall not 6 invalidate other sections or provisions thereof. 7 C. The City Council hereby finds and declares that written notice of the date, 8 hour, place and subject of the meeting at which this Ordinance was adopted was posted 9 and that such meeting was open to the public as required by law at all times during 10 which this Ordinance and the subject matter hereof were discussed, considered and 11 formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas 12 Government Code, as amended. 13 Alternative 1. 14 By motion duly made, seconded and passed with an affirmative vote of all the 15 Council members present, the requirement for reading this ordinance on two separate 16 days was dispensed with. 17 READ, PASSED, and ADOPTED on first reading this day of 18 , 2012. 19 Alternative 2. 20 READ and APPROVED on first reading this the day of 21 , 2012. 22 READ, APPROVED and ADOPTED on second reading this the day of 23 , 2012. 24 2 1 ► ' ` 2 ALAN MCGRAW, Mayor 3 City of Round Rock, Texas 4 5 6 ATTEST: 7 8 ' 9 SARA L. WHITE, City Clerk 10 3 ROUND ROCK,TEXAS City Council Agenda Summary Sheet PURPOSE PASSION.PROSPEIM Agenda Item No. H2. Consider an ordinance amending Section 36-10, Code of Ordinances (2010 Edition) Agenda Caption: pertaining to the issuance of permits on un-platted lots. (First Reading) Meeting Date: April 26, 2012 Department: Planning and Development Services Staff Person making presentation: Peter Wysocki Planning and Development Services Director Item Summary: Currently, the subdivision ordinance prohibits the issuance of building permits, certificates of occupancy, or other permits of any kind for the construction or development of any parcel of land until a plat has been recorded. Construction and development are very broadly defined and include, among other activities, construction of new buildings or building expansions, tenant improvements, and site improvements Over the years, this requirement has been a hardship and an impediment for businesses or landowners wishing to either remodel their buildings, change occupancies (uses), or simply upgrading items such as air conditioning units. This has been a requirement for a number of years and continues to surface on a regular basis. The original purpose of the requirement was to "clean-up" un-platted land to ensure that proper easements were dedicated and to update surveys and lot boundaries via final plats. However, staff believes that the hardships outweigh the benefits of platting in these cases. After all, if a lot is already developed and is connected to city water and sewer, other than a boundary"clean- up"what is the purpose of platting? The proposed amendment exempts the following activities from platting: - Interior building modifications; - Additions to existing buildings not requiring a TIA, floodplain study or expansion/extension of city water or sewer lines, or roads; - Site modifications not requiring a TIA, floodplain study or expansion/extension of city water or sewer lines, or roads;and -Sign permits. The amendment may reduce the amount of park-land dedication fees collected by the City as a result of not requiring platting for building expansion. (Park fees are collected with final plats based on lot size and zoning.) However,this amount has been determined to be very low. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval