O-2019-0084 - 2/14/2019 I ORDINANCE NO. 0-2019-0084
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4 AN ORDINANCE AMENDING ZONING AND DEVELOPMENT CODE,
5 CHAPTER 10, ARTICLE 1, SECTION 10-2 (a) and (b), CODE OF
6 ORDINANCES (2018 EDITION), CITY OF ROUND ROCK, TEXAS,
7 REGARDING REVIEW PROCEDURES; AND PROVIDING FOR A
8 SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES
9 AND RESOLUTIONS.
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11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
12 TEXAS;
13 I.
14 That Zoning and Development Code, Chapter 10, Article I, Section 10-2 (a) and
15 (b), Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended
16 as follows:
17 CHAPTER 10.ZONING AND DEVELOPMENT REVIEW PROCEDURE AND BODIES
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19 Sec. 10-2. Review procedures.
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21 (a) Conformity with development code. Every official and employee of the city vested with the duty or
22 authority to issue a permit or license shall not issue a permit or license for any use, building,
23 improvement, or purpose that conflicts with any provision of this code. Any permit or license or
24 certificate issued in conflict with the provisions of this code shall be null and void.
2.5 (b) Public notice requirements. The purpose of this section is to establish the minimum requirements for
26 notice where required in this chapter. Unless otherwise specified, when notice is required in this
27 chapter pursuant to Sec. 10-2, the notice required is as set forth in subsections (b)(1) and (2) of this
28 section.
29 (1) Published notice---General.
30 a. A distinctive public hearing notice shall be placed by the zoning administrator at least once
31 in a local official newspaper of general circulation within the city, as designated by the city
32 council, prior to the meeting, for the purpose of notifying the public of the time and place of
33 such public hearing and the substance of the public hearing agenda items that may be
34 considered or reviewed.
35 b. The public hearing notice shall be placed according to the following deadlines:
36 1. Planning and zoning commission —zoning: Ten days prior to public hearing.
37 2. Planning and zoning commission — replat: Fifteen days prior to public hearing.
38 3. City council: Fifteen days prior to public hearing.
39 c. Published notices shall contain at least the following specific information:
40 1. The general location of land that is the subject of the application and/or a location map;
41 2. The legal description or street address;
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112 1902,00417692/,,2
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l 3. The aubmhonoa of the application, including the magnitude of proposed development
2 and the current zoning district;
3 4. The time, date and location of the public hearing;
4 5. A phone number tocontact the city; and
5 O. Astatement that interested parties may appear at the public hearing.
6 (2) Mailed notice.
7 a. Mailed notices shall be mailed according tothe following deadlines:
8 1, Zoning board mfadjustment: Ten days prior topublic hearing.
9 2 Planning and zoning commission—zoning: Ten days prior to public hearing.
10 3. Planning andzon/ngconnn7/am/on—nep/at Fifteen days prior to public hearing.
l\ 4. City council: Fifteen days prior to public hearing.
12 b. Mailed notices shall contain at least the following specific information:
13 1. The general location of land that is the subject of the application and/or e location mop;
14 2� The legal description orstreet address;
15 3. The substance of the app|ioatiun, including the magnitude of proposed development
16 and the current zoning district;
17 4. The time, date and location ofthe public hearing;
18 5. Aphone number hzcontact the city; and
19 6. Astatement that interested parties may appear etthe public hearing.
20 o. For proposed changes tozoning classifications orboundaries, excluding applications for
21 original zoning, in addition to published notice as set forth in subsection (e)(1)of this section,
22 written notice shall be mailed to each owner within the corporate limits within the city, as
23 indicated by the most recently approved city tax rnU, of real property within 300 feet ofthe
24 property Vnwhich achenge inzoning classification or boundary is proposed before the tenth
25 day before the hearing date. Notice may beserved by its deposit inthe U.S. Mail inthe city,
26 properly addressed with postage paid.
27 (3) On-site public hearing notification sign.
28 o. Property owner initiated proceedings. For all proceedings initiated by or on behalf ofthe
29 property owner, at least one on-site public hearing notification sign shall be provided by the
30 city and placed by the property owner on each property requiring a public hearing prior to
31 the public hearing dmte, in accordance with the public notice requirements in Section (1)
32 above. At least one sign aho|| be posted per 500 linear feet ofall property located along a
33 public right-of-vvay, with a minimum of one sign per frontage, placed parallel to and visible
34 from, the roadway. In the event mfunique circumstances affecting a property. the location of
35 the sign(s) may be determined by city staff. The property owner shall provide an affidavit.
36 including photognaphs, attesting to the dote of installation and the number ofsigns installed.
97 This affidavit shall be provided to the city at least five days prior to the required public
38 hearing. If the proceeding requires o public hearing before both the planning and zoning
30 commission and the city council, separate photographs and affidavits shall be required for
40 each public hearing.
41 b City initiated proceedings. For proceedings initiated by the city, it may not be possible or
42 practical to place a sign on the private property subject to the proposed proceedings. In
43 addition, in some situations, city initiated proceedings may involve multiple tracts nfland that
44 make itimpractical toplace asign on every tract. Thenafona, in city initiated proceedings. the
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| zoning administrator shall determine in his sole discretion the most effective and pnaodus|
2 manner in which to provide reasonable on-site notification of public hearings,
3 (4) Constructive notice, Minor defects in notice orifan on-site public hearing notification sign is
4 damaged or removed shall not impair the notice or invalidate proceedings pursuant to the notice
5 if bona fide attempt has been made to comply with applicable notice requirements, Defects in
6 notice provisions which exceed the requirements ofVIC.A.. Local Government Code ch. 211
7 shall not invalidate any action orproceedings pursuant thereto.
8 (G) Summary of notice required. Pub|iehed, mai|ed, or signed notice nhoU be required for
g development review as shown in the following table:
'111 Will""11 sell",
j Fol
Planning Policy
General Plan text amendment X
Code arnendment(other than zoning)
Zoning
Zoning text amendment
Application For original zoning X X X
Platting
Preliminary plat
Final plat
Amending or rninor plat
Exceptions and Variances |
Variance X
Special exception X
Sign exception
Compatibility butTer exception
Historic 11'reservation
Certificate ol'appropriateness
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I listoric overlay designation X X K' j
Partial historic tax exem tion_
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6 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
7 expressly repealed.
s B. The invalidity of any section or provision of this ordinance shall not
9 invalidate other sections or provisions thereof.
10 C. The City Council hereby finds and declares that written notice of the date,
11 hour, place and subject of the meeting at which this Ordinance was adopted was posted
12 and that such meeting was open to the public as required by law at all times during which
13 this Ordinance and the subject matter hereof were discussed, considered and formally
14 acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
15 Code, as amended.
16 Alternative 1.
17 By motion duly made, seconded and passed with an affirmative vote of all the
18 Council members present, the requirement for reading this ordinance on two separate
1g days was dispensed with.
20 READ, PASSED, and ADOPTED on first reading this day of
21 2019.
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i Alternative 2.
2 READ and APPROVED on first reading this the day of
3 12019.
4 READ, APPROVED and ADOPTED on second reading this the day of
5 ) 2019.
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9 CRAIG MORGANayor
10 City of Round Rov, Texas
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12 ATTEST:
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14 WALI
15 SARA L. WHITE, City Clerk