Z-03-04-24-13C2 - 4/24/20030_\ Odor \0nni1ANC \030424C2.we7/Vr
ORDINANCE NO.1 O3 0 "l "a 4 - ) 3C a)
AN ORDINANCE AMENDING CHAPTER 11, ADDING SUBSECTION
11.304.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, TO PROVIDE FOR ADMINISTRATIVE
ADJUSTMENTS TO PROPERTY SUBJECT TO CONDEMNATION;
AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, a Texas home -rule municipality may adopt ordinances
that are for the good government, peace, or order of the
municipality; and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested change and after review, it issued
its report, recommending that Chapter. 11 of the Code of Ordinances
the Zoning Ordinance be amended to provide for administrative
adjustments to property subject to condemnation; and
WHEREAS, each and every requirement set forth in the Texas
Local Government Code, and in Chapter 11 of the Code of Ordinances
for the City of Round Rock, Texas concerning public notices,
hearings, and other procedural matters has been fully complied
with; and
WHEREAS, the City Council of the City of Round Rock, Texas
finds that the zoning administrative adjustment provision provided
for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community; Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
That Chapter 11, Section 11.300, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to add
Subsection 11.304.1, which shall read as follows:
11.304.1 PROPERTY SUBJECT TO CONDEMNATION: ADMINISTRATIVE ADJUSTMENT
(1) Purpose
(a) Condemnation Administrative Adjustment under this subsection 11.304.1 means
adjustment(s) to Chapter 11 of this Code in the special circumstance where
governmental condemnation results in zoning law noncompliance.
(b) For the purpose of this subsection 11.304.1, condemnation includes a purchase or
donation of property under the threat of condemnation, but excludes a dedication
of property as a condition of zoning, subdivision, site plan, or building permit
approval.
(2) Anplicability
(a) Prior to the acquisition of a right -of -way, the landowner or condemning authority
may make an application to the Zoning Administrator to modify any of the
Chapter 11 zoning regulations listed in paragraph (2) (b) below that will be
violated as a result of the governmental condemnation.
(b) Under this subsection 11.304.1, the following categories subject to Chapter 11 of
this Code may be considered by the Zoning Administrator for adjustment: access
to public roads, architectural designs, landscaping, lot area, lot depth, lot width,
parking, setbacks, and signage.
(3) Review and Action by Zoning Administrator
The Zoning Administrator shall review the application, and approve or disapprove it
based upon the criteria enumerated in paragraph (4) below. A written decision including
applicable affirmative findings on the criteria set forth in paragraph (4) below shall be
mailed to the applicant.
z
(4) Condemnation Administrative Adjustment Criteria
The Zoning Administrator may approve an application for a Condemnation Administrative
Adjustment under this subsection 11.304.1 if, and only if, the proposed adjustment is not
detrimental to public health, safety, and welfare. The Zoning Administrator shall consider
the following criteria when applicable:
(a) Consistent with Chapter 11 Zoning Regulations
The proposed adjustment is in harmony with the General Plan and purpose and
intent of this Chapter.
(b) Harmonious with Character and Scale of Surrounding Area
The proposed adjustment to schematic architectural, signage, and landscaping
designs shall be harmonious with the character of the surrounding area.
(c) General Impacts
(d) Traffic Related Impacts
The proposed adjustment does not interfere with the free flow of traffic or create
a public safety hazard.
Condemning Authority Impact
The likely cost to the condemning authority if the application is disapproved.
(e)
The likely future impact that the proposed adjustment may have on the following
systems and public services: public infrastructure such as roads, parking facilities,
water and wastewater systems, police and fire protection, solid waste collection,
and the ability of existing infrastructure and existing services to adequately service
the property in question.
II.
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.
3
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,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
READ and APPROVEDAon first reading this the O7 day of
, 2003.
READ, APPROVED and ADOPTED on second reading this the _
day of , 2003.
ATTEST:
auatli R l`1 111
CHRISTINE R. MARTINEZ, City Secretor
4
w/ i% A
LL, ayor
City of Round Rock, Texas
DATE: April 18, 2003
SUBJECT: City Council Meeting — April 24, 2003
ITEM: 13.C.2. Consider an ordinance amending Chapter 11 of the Code of
Ordinances (1995 Edition), adding subsection 11.304.1, providing
for administrative adjustments to property subject to condemnation.
(First Reading)
Resource: Joe Vining, Planning Director
History: The Planning and Zoning Commission held a public hearing and recommended
this amendment.
This amendment will allow for administrative adjustments to eliminate the
economic impact of an existing business becoming non - conforming due to
condemnation of part of a property. This is expected to reduce the cost of
property acquisition.
Funding
Cost: N/A
Source of Funds: N/A
Outside Resources: N/A
Impact/ Benefit: Reduce the cost of property acquisition.
Public Comment: Public Notice and a public hearing were held in accordance with. City of
Round Rock's Zoning Ordinance.
Sponsor: Planning and Community Development Department
fl • \Wd < \ofDINP,NC\o3O4 2WP/vr
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, ADDING SUBSECTION
11.304.1, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND
ROCK, TEXAS, TO PROVIDE FOR ADMINISTRATIVE
ADJUSTMENTS TO PROPERTY SUBJECT TO CONDEMNATION;
AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, a Texas home -rule municipality may adopt ordinances
that are for the good government, peace, or order of the
municipality; and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested change and after review, it issued
its report, recommending that Chapter 11 of the Code of Ordinances
the Zoning Ordinance be amended to provide for administrative
adjustments to property subject to condemnation; and
WHEREAS, each and every requirement set forth in the Texas
Local Government Code, and in Chapter 11 of the Code of Ordinances
for the City of Round Rock, Texas concerning public notices,
hearings, and other procedural matters has been fully complied
with; and
WHEREAS, the City Council of the City of Round Rock, Texas
finds that the zoning administrative adjustment provision provided
for herein promotes the health, safety, morals and protects and
preserves the general welfare of the community; Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
That Chapter. 11, Section 11.300, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to add
Subsection 11.304.1, which shall read as follows:
11.304.1 PROPERTY SUBJECT TO CONDEMNATION: ADMINISTRATIVE ADJUSTMENT
(1) Purpose
(a) Condemnation Administrative Adjustment under this subsection 11304.1 means
adjustment(s) to Chapter 11 of this Code in the special circumstance where
governmental condemnation results in zoning law noncompliance.
(b) For the purpose of this subsection 11.304.1, condemnation includes a purchase or
donation of property under the threat of condemnation, but excludes a dedication
of property as a condition of zoning, subdivision, site plan, or building permit
approval.
(2) Applicability
(a) Prior to the acquisition of a right -of -way, the landowner or condemning authority
may make an application to the Zoning Administrator to modify any of the
Chapter 11 zoning regulations listed: in paragraph (2) (b) below that will be
violated as a result of governmental condemnation.
(b) Under this subsection 11.304.1, the following categories subject to Chapter 11 of
this Code may be considered by the Zoning Administrator for adjustment: access
to public roads, architectural designs, landscaping, lot area, lot depth, lot width,
parking, setbacks, and signage.
(3) Review and Action by Zoning Administrator
The Zoning Administrator shall review the application, and approve or disapprove it
based upon the criteria enumerated in paragraph (4) below. A written decision including
applicable affirmative findings on the criteria set forth in paragraph (4) below shall be
mailed to the applicant.
(4) Condemnation Administrative Adjustment Criteria
The Zoning Administrator may approve an application for a Condemnation Administrative
Adjustment under this subsection 11.304.1 if, and only if, the proposed adjustment is not
detrimental to public health, safety, and welfare. The Zoning Administrator shall consider
2
the following criteria when applicable:
(a) Consistent with Chapter 11 Zoning Regulations
The proposed adjustment is in harmony with the General Plan and purpose and
intent of this Chapter.
Harmonious with Character and Scale of Surrounding Area
The proposed adjustment to schematic architectural, signage, and landscaping
designs shall be harmonious with the character of the surrounding area.
(c) General impacts
(b)
The likely future impact that the . proposed adjustment may have on the following
systems and public services: public infrastructure such as roads, parking facilities,
water and wastewater systems, police and fire protection, solid waste collection,
and the ability of existing infrastructure and existing services to adequately service
the property in question.
(d) Traffic Related Impacts
The proposed adjustment does not interfere with the free flow of traffic or create
a public safety hazard.
(e) Condemning Authority Impact
The likely cost to the condemning authority if the application is disapproved.
II.
A. All ordinances, parts of ordinances, or resolutions in
confii.ct 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
3
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
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
, 2003.
READ, APPROVED and ADOPTED on second reading this the _
day of , 2003.
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
NYLE MAXWELL, Mayor
City of Round Rock, Texas
4