Z-05-02-10-11CB - 2/10/2005ORDINANCE NO. 5 OE" D ' ) IC
AN ORDINANCE AMENDING CHAPTER 8, CODE OF ORDINANCES
(1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE
TABLE OF CONTENT; TO AMEND THE DEFINITION OF
"PROTECTED TREE "; TO CORRECT TERMS PROVIDED IN THE FEE
SCHEDULE; TO AMEND REQUIREMENTS FOR CONCEPT PLANS,
PRELIMINARY PLATS, MINOR SUBDIVISION FINAL PLATS; TO
INCLUDE PROTECTED TREE REQUIREMENTS; TO CORRECT
TERMS AND CITATIONS; TO AMEND REQUIREMENTS FOR
PARKLAND CONVEYANCE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
Chapter 8, Table of Content, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.200 PLATTING PROCEDURES
Section 8.201 Application Procedure
Section 8.202 Review for Application Completeness
Section 8.203 Withdrawal of an Application
Section 8.204 Concept Plan
Section 8.205 Preliminary Plat
Section 8.206 Final Plat
Section 8.207 Minor Subdivision Final Plat
Section 8.208 Replat
Section 8.209 Amending Plat
Section 8.210 Plat Vacation
Section 8.211 Release of Easement
Section 8.212 Approval Procedure
Section 8.213 Recordation Procedure
Section 8.214 Filing Fees
II.
Chapter 8, Section 8.106, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
a^PFOesktop \::OOMA /WORLOOX /O:/ W00% /OROINANC /050210C5.WPO/•�r
1
8.106 DEFINITIONS
(56) Protected Tree shall mean a tree, including a Monarch Tree, as the term is defined in
Section 3.1100 of this Code, that due to its size, species or unique characteristics is
protected from arbitrary removal, as provided in Section 3.1105 of this Code.
III.
Chapter 8, Section 8.116(4), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.116 SUBDIVISION FEES
(4) Vacation and Release Fees
Release of Easement $250.00
Plat Vacations $500.00
Building Line Vacations $500.00
Iv.
Chapter 8, Section 8.204(5), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.204 CONCEPT PLAN
(5) Application Requirements
The Developer shall submit a Concept Plan application that contains all of the following:
(a) The number of copies specified in the Development Packet with the title of the
Concept Plan appearing on the outside and folded to a size specified in the
Development Packet;
(b) An aerial photo at the same scale as the reproducible drawing;
(c) A location map showing the proposed Subdivision or Addition with a three
hundred (300) foot line drawn around the proposed Subdivision or Addition with
a key referencing the list provided in paragraph (g) below;
(d) A plan that indicates the availability of utilities, streets and drainage to the tract
or identifies the availability of extensions of utilities, streets and drainage
necessary to serve the tract;
2
(e) - A commitment letter stating that an annexation petition will be provided upon the
request by the Planning Director. Said petition shall include a metes and bounds
description labeled as Exhibit "A" with an accompanying sketch of a size specified
in the Development Packet and a copy of the deed showing the current owner and
labeled as Exhibit "B ", if applicable;
(f) A letter from the Developer's engineer describing how the Subdivision will be
served by water and wastewater and how the utilities will interface with adjacent
tracts. The letter must include oversize construction and /or off -site requirements,
if applicable and a general discussion on drainage. If the Subdivision is to be
served by a Municipal Utility District (MUD) or other authorized utility provider,
a letter certifying the availability of utilities must be provided. If the MUD is in
the process of being created, the letter certifying the availability of utilities must
be provided prior to the Final Plat hearing by the Planning and Zoning
Commission for approval;
(g)
A listing of all property owners within three hundred feet (300') of the proposed
Subdivision or Addition, with addresses as recorded by the appropriate tax
appraisal district;
(h) A Letter of Intent for Parkland Dedication form, as provided in the Development
Packet;
(i)
(1)
(m )
If applicable, a City approved TIA pursuant to the requirements of Section 8.403;
If applicable, a written request to use a Tree Inventory or a Partial Tree Survey
in lieu of a Tree Survey, as defined in Section 3.1103 and pursuant to the
requirements of Section 3.1108 of this Code;
(k) The Concept Plan drawing which shall include all of the information specified in
the Development Packet;
(1) All other application requirements specified in the Development Packet; and
Payment of applicable fees.
VI.
Chapter 8, Section 8.205(4), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.205 PRELIMINARY PLAT
(4) Application Requirements
A Preliminary Plat application must contain the following:
3
(a) The number of copies specified in the Development Packet with the title of the Preliminary
Plat appearing on the outside to a size specified in the Development Packet;
(b) A Tree Survey, or if applicable a Partial Tree Survey or Tree Inventory pursuant to the
requirements in Section 3.1100 of this Code;
(c) A plan that indicates utilities, streets and drainage together with a plan that indicates the
order in which the phases or sections will be developed to ensure the orderly extension of
utilities and streets;
(d) An Engineer's Report;
(e) A current Phase I environmental assessment as required by federal law, for the dedicated
parkland, if applicable;
(f) If applicable, a copy of the City approved TIA submitted with the Concept Plan or a
revised City approved TIA pursuant to the requirements of Section 8.403;
(g) Certification from a surveyor that the property boundary closes as per minimum standards
set forth by the Texas Board of Professional Land Surveying Code, as amended,
specifically Sections 663.13 - 663.23, which include provisions requiring 1:10,000 + 0.10
feet precision for monuments found or set within the corporate limits of any city in Texas;
(h) A Letter of Intent for Parkland Dedication form, provided in the Development Packet, if
not submitted with the Concept Plan;
(i) A letter from Williamson County 911 Addressing Division indicating street name
approval;
(j) If applicable, a Tree Replacement Plan pursuant to the requirements of Section 3.1100 of
this Code;
(k) The Preliminary Plat drawing which shall include all of the information specified in the
Development Packet;
(1) All other application requirements specified in the Development Packet; and
(m) Payment of applicable fees.
VI.
Chapter 8, Section 8.207(4), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.207 MINOR SUBDIVISION FINAL PLAT
(4) Application Requirements
A Minor Subdivision Final Plat application must include the following:
4
(a) The number of copies specified in the Development Packet with the title of the
Minor Subdivision Final Plat appearing on the outside and folded to a size
specified in the Development Packet;
(b) An abstractor's certificate which shall state the names and addresses of all current
owners and current lien holders of the property described in the Minor
Subdivision Final Plat. The abstractor's certificate shall be dated no earlier than
thirty (30) days prior to submission of the Minor Subdivision Final Plat;
(c) A copy of the deed(s) identifying the owners of the property;
(d) A current Phase I environmental assessment as required by federal law, for the
dedicated parkland, if applicable;
(e) Certification from a surveyor that the property boundary closes as per minimum
standards set forth by the Texas Board of Professional Land Surveying Code, as
amended, specifically Sections 663.13 - 663.23, which include provisions
requiring 1:10,000 + 0.10 feet precision for monuments found or set within the
corporate limits of any city in Texas;
(f) The certification form signed by the Planning Director, the City Engineer and the
Transportation Director confirming the tract of land qualifies as a Minor
Subdivision Final Plat;
(g) The Minor Subdivision Final Plat drawing which shall include all the information
specified in the Development Packet;
(h) All other application requirements specified in the Development Packet; and
(i) Payment of applicable fees.
VII.
Chapter 8, Section 8.211, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
8.211 RELEASE OF EASEMENT
(1) Purpose and Intent
The purpose of a release of easement is to nullify a portion or the entire easement
established by a previously Recorded Plat or by separate instrument. A release of
easement may be initiated by the respective lot owner(s) or by the City.
(2) When Permitted
The Developer shall submit a release of easement application containing a
metes - and - bounds description and sketch of the proposed area to be released and signed
by the owner of the land requesting the City to vacate the easement, in order to release all
or a portion of an easement, including but not limited to a public utility easement, drainage
5
easement, conservation easement, public access easement or combination public easement.
After approval by the City Manager, the easement shall be released when all owners and
entities authorized to use the easement sign and acknowledge a release form, approval is
granted by the City Manager and the release of easement instrument declaring the
easement released is recorded.
(3) Application Requirements
A release of easement application must include the following:
(a) A copy of the deed(s) identifying the owners of the property;
(b) A letter signed by the owners of the lot to the Planning Director containing the
following:
(b)
(i) A metes and bounds description and survey sketch including a description
of the easement or portion of the easement to be released including the lot
description and orientation to the nearest lot line;
(ii) An explanation of the purpose of the release request; and
(iii) Signatures by the entities authorized to use the easement agreeing to the
requested release of easement, in the format provided in the Development
Packet;
(c) Payment of applicable fees.
VIII.
Chapter 8, Section 8.213(1), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.213 RECORDATION PROCEDURES
(1) In order for the approved Plat to be recorded, the Developer must submit the following
to the Planning Director:
(a) An abstractor's certificate which shall state the names and addresses of all current
owners and current lien holders of the property described in the Plat. The
abstractor's certificate shall be dated no earlier than thirty (30) days prior to a
request for recordation of the Plat;
An acknowledged signature on the Plat by the current owner of the land being
platted if the current owner is different than the owner at the time the Final Plat
was approved;
(c) A title insurance policy, naming the City as the holder covering the parkland to
be conveyed;
6
(d) A deed for any parkland dedication or cash contribution in lieu of parkland
dedication, if applicable. If the Final Plat is a phase of the total tract to be platted
and it does not include the parkland to be dedicated, the Developer must provide
a temporary access easement to the parkland acceptable to the City in a form
approved by the City Attorney;
A deed for drainage, right -of -way and /or detention lots to be dedicated to the City
or a homeowners association as applicable;
Current original tax certificates;
Williamson County affidavit certifying tax certificates in the form designated in
the Development Packet, where applicable;
The prescribed fees for preparing reproducible drawings required to record the
Plat;
A copy of the written notification from the Forestry Manager notifying that the
requirements of Section 3.1100 of this Code have been met and if applicable, the
posting of the appropriate fiscal security in accordance with Section 3.1111 of this
Code;
(j) A copy of the letter from the City Engineer either certifying that the Public
Improvements have been satisfactorily completed in accordance with Section
8.705 or that Subdivision Improvement Construction Plans have been accepted by
the City Engineer and the appropriate fiscal security has been posted in
accordance with Section 8.704;
(k) The prescribed oversize fees for water and wastewater for all single family
residential and two family residential lots;
(1) The prescribed County recordation fees (by check made payable to "Williamson
County" or "Travis County," whichever is applicable);
(m) Separate instrument easements where applicable;
(n) Regional stormwater detention fees, in lieu of on -site detention, where approved
by the City Engineer.
IX.
Chapter 8, Section 8.302(2), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.302 PARKLAND REOUIREMENTS
(2) Non - Residential Parkland Fee
7
In order to provide for the open space needs of the community, the Developer of a
non - residential Subdivision will be assessed a parkland fee of eight hundred dollars
($800.00) per acre, with a minimum of eight hundred dollars ($800.00) payable in
accordance with Section 8.308(3). The parkland fee may be reduced or waived by the
Parks Director should the Developer choose to dedicate parkland at the time of platting.
X.
Chapter 8, Section 8.306, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
8.306 ON -SITE CONVEYANCE OF PARKLAND
(1) Parkland shown on Preliminary and Final Plats
Parkland to be conveyed shall be designated as a lot on both the Preliminary and Final
Plats as "Parkland Dedicated to the City of Round Rock" with the acreage of the parkland
also shown. In addition, a note referencing the dedication of the parkland shall be placed
on the Final Plat.
(2) Title Insurance Policy Required
Prior to recording the Final Plat, the Developer shall deliver to the Planning Department
a title insurance policy with the City as the holder and covering the parkland being
conveyed.
(3) Deed Required
Prior to recording the Final Plat, the Developer shall deliver to the Planning Department
the deed, in a form approved by the City Attorney, conveying parkland shown on the Final
Plat as approved by the Planning and Zoning Commission. The parkland deeded to the
City shall not be subject to reservations of record, encumbrances or easements that will
interfere with the use of the land for park purposes. The deed delivered to the Planning
Department shall be recorded in conjunction with the recordation of the Final Plat.
XI.
Chapter 8, Section 8.422, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
8.422 PROTECTED TREES RELATED TO PLATTING
All Protected Trees on the site shall be protected in accordance with the Tree Protection Plan
provided for in Section 3.1100 of this Code.
8
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.
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 APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on reading this the �Q
day of 14 , 2005.
ST:,
XII.
CHRISTINE R. MARTINEZ, City Secreflary
tio_4111.
NYL '0 LL, Ma +or
City Round Rock, Texas
9
DATE: February 4, 2005
SUBJECT: City Council Meeting — February 10, 2005
ITEM: 11.C.8. Consider an ordinance amending Chapter 8, Subdivisions, Code
of Ordinances (1995 Edition) to amend the Table of Contents
and the definition of "Protected Tree ", to correct terms provided
in the fee schedule, and to correct other minor errors and
omissions. (First Reading)
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning Director
Justification:
Staff proposes several amendments to the Subdivision Ordinance which became effective
on January 1, 2005. The amendments include language to ensure compliance with the
city's new Tree Protection Ordinance. In addition, the proposed amendments correct
minor errors and unintended omissions in the Subdivision Ordinance.
Compliance with new Tree Protection Ordinance
• A revised definition of the term "protected tree" is included in the Subdivision
Ordinance to reflect the new provisions of the Tree Protection Ordinance.
See Section 8.106 (56)
• Proposed amendments to the Subdivision Ordinance include modified application
requirements to ensure submittal of a tree replacement plan per the requirements
of the new Tree Protection Ordinance. Both a tree survey and a tree replacement
plan will be required at the Preliminary Plat stage. In most cases, the tree
replacement plan will consist of a letter to the Forestry Manager detailing
calculations for replacement and a planting plan. See Section 8.205.j
• In some cases, the developer may prepare either a tree inventory or a partial tree
survey in lieu of the normally required tree survey to accommodate unique tracts
where a full tree survey is not warranted. For example, this exception would
apply to those tracts where protected trees are concentrated in a small area or
located in the flood plain.
See Section 8.205.b
• Written confirmation by the Forestry Manager that the provisions of the Tree
Protection Ordinance have been met will be required prior to Final Plat
recordation.
See Section 8.213.i
Minor errors and omissions
Legal staff has requested the following changes to clarify or correct ordinance language
and to ensure compliance with other ordinances and the City Charter.
• In the fees section, the term "Plat Note Vacations" is amended to "Plat Vacations"
to reflect the appropriate fee and process. See Section 8.116.4
• "Easement Vacation" has been renamed "Easement Release ". See Section 8.211
• Administrative approval of an Easement Release will be granted by the City
Manager instead of the Planning Director. See Section 8.211.2
• An amendment is included to require the submittal of a deed for dedicated ROW
lots at Final Pat recordation. See Section 8.213.e
• A new provision is included that requires the developer to provide title insurance
for any dedicated parkland to ensure the property has clear, unencumbered title.
See Section 8.306 (2)
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
The Subdivision Ordinance went into effect on January 1, 2005. The Tree Protection
Ordinance was adopted by City Council on January 13, 2005 and is now in effect.
Public Comment:
Public Notice and a public hearing were held in accordance with the City of Round Rock's
Code of Ordinances.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8, CODE OF ORDINANCES
(1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE
TABLE OF CONTENT; TO AMEND THE DEFINITION OF
"PROTECTED TREE "; TO CORRECT TERMS PROVIDED IN THE FEE
SCHEDULE; TO AMEND REQUIREMENTS FOR CONCEPT PLANS,
PRELIMINARY PLATS, MINOR SUBDIVISION FINAL PLATS; TO
INCLUDE PROTECTED TREE REQUIREMENTS; TO CORRECT
TERMS AND CITATIONS; TO AMEND REQUIREMENTS FOR
PARKLAND CONVEYANCE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
Chapter 8, Table of Content, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.200 PLATTING PROCEDURES
Section 8.201 Application Procedure
Section 8.202 Review for Application Completeness
Section 8.203 Withdrawal of an Application
Section 8.204 Concept Plan
Section 8.205 Preliminary Plat
Section 8.206 Final Plat
Section 8.207 Minor Subdivision Final Plat
Section 8.208 Replat
Section 8.209 Amending Plat
Section 8.210 Plat Vacation
Section 8.211 Release of Easement Va,.at ;u.
Section 8.212 Approval Procedure
Section 8.213 Recordation Procedure
Section 8.214 Filing Fees
II.
Chapter 8, Section 8.106, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
@ PFD e, k[ op\:: ODMA /WORLDO% /O:/wdox /ORDINW]C /CHB_2 WPD /vr
1
8.106 DEFINITIONS
(56) Protected Tree shall mean a tree
as furthcr ,l,.fi,.cd including a Monarch Tree, as the term is defined in Section 3.1100 of
this Code, that due to its size, species or unique characteristics is protected from arbitrary
removal, as provided in Section 3.11025 of this Code.
III.
Chapter 8, Section 8.116(4), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.116 SUBDIVISION FEES
(4) Vacation and Release Fees
Release of Easement Vu...tions $250.00
Plat Note- Vacations $500.00
Building Line Vacations $500.00
IV.
Chapter 8, Section 8.204(5), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.204 CONCEPT PLAN
(5) Application Requirements
The Developer shall submit a Concept Plan application that contains all of the following:
(a) The number of copies specified in the Development Packet with the title of the
Concept Plan appearing on the outside and folded to a size specified in the
Development Packet;
(b) An aerial photo at the same scale as the reproducible drawing;
(c) A location map showing the proposed Subdivision or Addition with a three
hundred (300) foot line drawn around the proposed Subdivision or Addition with
a key referencing the list provided in paragraph (g) below;
(d) A plan that indicates the availability of utilities, streets and drainage to the tract
2
or identifies the availability of extensions of utilities, streets and drainage
necessary to serve the tract;
(e) A commitment letter stating that an annexation petition will be provided upon the
request by the Planning Director. Said petition shall include a metes and bounds
description labeled as Exhibit "A" with an accompanying sketch of a size specified
in the Development Packet and a copy of the deed showing the current owner and
labeled as Exhibit "B ", if applicable;
(f) A letter from the Developer's engineer describing how the Subdivision will be
served by water and wastewater and how the utilities will interface with adjacent
tracts. The letter must include oversize construction and /or off -site requirements,
if applicable and a general discussion on drainage. If the Subdivision is to be
served by a Municipal Utility District (MUD) or other authorized utility provider,
a letter certifying the availability of utilities must be provided. If the MUD is in
the process of being created, the letter certifying the availability of utilities must
be provided prior to the Final Plat hearing by the Planning and Zoning
Commission for approval;
(g) A listing of all property owners within three hundred feet (300') of the proposed
Subdivision or Addition, with addresses as recorded by the appropriate tax
appraisal district;
(h) A Letter of Intent for Parkland Dedication form, as provided in the Development
Packet;
(i) If applicable, a City approved TIA pursuant to the requirements of Section 8.403;
(j) If applicable, a written request to use a Tree Inventory or a Partial Tree Survey
in lieu of a Tree Survey, as defined in Section 3.1103 and pursuant to the
requirements of Section 3.1108 of this Code;
(jk) The Concept Plan drawing which shall include all of the information specified in
the Development Packet;
(kl) All other application requirements specified in the Development Packet; and
(Im) Payment of applicable fees.
VI.
Chapter 8, Section 8.205(4), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.205 PRELIMINARY PLAT
(4) Application Requirements
3
A Preliminary Plat application must contain the following:
(a) The number of copies specified in the Development Packet with the title of the Preliminary
Plat appearing on the outside to a size specified in the Development Packet;
(b) A Ttree Ssurvey, or if applicable a Partial Tree Survey or Tree Inventory pursuant to the
requirements in Section 3.1100 of this Code at the samc sealc as the Prcliminary Plat, that
(c) A plan that indicates utilities, streets and drainage together with a plan that indicates the
order in which the phases or sections will be developed to ensure the orderly extension of
utilities and streets;
(d) An Engineer's Report;
(e) A current Phase I environmental assessment as required by federal law, for the dedicated
parkland, if applicable;
(1) If applicable, a copy of the City approved TIA submitted with the Concept Plan or a
revised City approved TIA pursuant to the requirements of Section 8.403;
(g) Certification from a surveyor that the property boundary closes as per minimum standards
set forth by the Texas Board of Professional Land Surveying Code, as amended,
specifically Sections 663.13 - 663.23, which include provisions requiring 1:10,000 + 0.10
feet precision for monuments found or set within the corporate limits of any city in Texas;
(h) A Letter of Intent for Parkland Dedication form, provided in the Development Packet, if
not submitted with the Concept Plan;
(i) A letter from Williamson County 911 Addressing Division indicating street name
approval;
(j) If applicable, a Tree Replacement Plan pursuant to the requirements of Section 3.1100 of
this Code;
(jk) The Preliminary Plat drawing which shall include all of the information specified in the
Development Packet;
(kl) All other application requirements specified in the Development Packet; and
(fm) Payment of applicable fees.
VI.
Chapter 8, Section 8.207(4), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.207 MINOR SUBDIVISION FINAL PLAT
4
(4) Application Requirements
A Minor Subdivision Final Plat application must include the following:
(a) The number of copies specified in the Development Packet with the title of the
Minor Subdivision Final Plat appearing on the outside and folded to a size
specified in the Development Packet;
(b)
An abstractor's certificate which shall state the names and addresses of all current
owners and current lien holders of the property described in the Minor
Subdivision Final Plat. The abstractor's certificate shall be dated no earlier than
thirty (30) days prior to submission of the Minor Subdivision Final Plat;
(c) A copy of the deed(s) identifying the owners of the property;
I�,.ktit,
(ed) A current Phase 1 environmental assessment as required by federal law, for the
dedicated parkland, if applicable;
(fe) Certification from a surveyor that the property boundary closes as per minimum
standards set forth by the Texas Board of Professional Land Surveying Code, as
amended, specifically Sections 663.13 - 663.23, which include provisions
requiring 1:10,000 + 0.10 feet precision for monuments found or set within the
corporate limits of any city in Texas;
(gf) The certification form signed by the Planning Director, the City Engineer and the
Transportation Director confirming the tract of land qualifies as a Minor
Subdivision Final Plat;
(hg) The Minor Subdivision Final Plat drawing which shall include all the information
specified in the Development Packet;
(ih) All other application requirements specified in the Development Packet; and
(ji) Payment of applicable fees.
VII.
Chapter 8, Section 8.211, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
8.211 RELEASE OF EASEMENT VACATION
(1) Purpose and Intent
The purpose of an release of easement itaeation -is to nullify a portion or the entire
easement established by a previously Recorded Plat or by separate instrument. An release
of easement vacation may be initiated by the respective lot owner(s) or by the City.
5
(2) When Permitted
The Developer shall submit a n release of easement application vaeation- containing a
metes - and - bounds description and sketch of the proposed va..ati.,,rarea to be released and
a- signed, by the owner of the land requesting the City to vacate
the easement, in order to release va„utc all or a portion of an easement, including but not
limited to a public utility easement, drainage easement, conservation easement, public
access easement or combination public easement.
After approval by the City Manager Planning Direeter, the easement shall be released is
va..a6,d when all owners and entities authorized to use the easement sign and acknowledge
a release form vacation i.mnm.. ,I.t, approval is granted by the City Manager Planning
Dircctui and the release of easement vaeation- instrument declaring the easement released
vaeated is recorded.
(3) Application Requirements
An release of easement aaca on application must include the following:
(a) A copy of the deed(s) identifying the owners of the property;
(b) A letter signed by the owners of the lot to the Planning Director containing the
following:
(i) A metes and bounds description and survey sketch including a description
of the easement or portion of the easement to be released vaeated
including the lot description and orientation to the nearest lot line;
(ii) An explanation of the purpose of the release vacation request; and
(iii) Signatures by the entities authorized to use the easement agreeing to the
requested release of easement vacation, in the format provided in the
Development Packet;
the D..vcl.,p,,.cnt Pa,.kct, an CI
(ec) Payment of applicable fees.
VIII.
Chapter 8, Section 8.213(1), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.213 RECORDATION PROCEDURES
(1) In order for the approved Plat to be recorded, the Developer must submit the following
6
to the Planning Director:
(a) An abstractor's certificate which shall state the names and addresses of all current
owners and current lien holders of the property described in the Plat. The
abstractor's certificate shall be dated no earlier than thirty (30) days prior to a
request for recordation of the Plat;
(b) An acknowledged signature on the Plat by the current owner of the land being
platted if the current owner is different than the owner at the time the Final Plat
was approved;
(c) A title insurance policy, naming the City as the holder covering the parkland to
be conveyed;
(ed) A deed for any parkland dedication or cash contribution in lieu of parkland
dedication, if applicable. If the Final Plat is a phase of the total tract to be platted
and it does not include the parkland to be dedicated, the Developer must provide
a temporary access easement to the parkland acceptable to the City in a form
approved by the City Attorney;
(de) A deed for drainage, right -of -way and /or detention lots to be dedicated to the City
or a homeowners association as applicable;
(ef) Current original tax certificates;
(fg) Williamson County affidavit certifying tax certificates in the form designated in
the Development Packet, where applicable;
(gh) The prescribed fees for preparing reproducible drawings required to record the
Plat;
(i) A copy of the written notification from the Forestry Manager notifying that the
requirements of Section 3.1100 of this Code have been met and if applicable, the
posting of the appropriate fiscal security in accordance with Section 3.1111 of this
Code;
(hi)
A copy of the letter from the City Engineer either certifying that the Public
Improvements have been satisfactorily completed in accordance with Section
8.705 or that Subdivision Improvement Construction Plans have been accepted by
the City Engineer and the appropriate fiscal security has been posted in
accordance with Section 8.704;
(ik) The prescribed oversize fees for water and wastewater for all single family
residential and two family residential lots;
(jl) The prescribed County recordation fees (by check made payable to "Williamson
County" or "Travis County," whichever is applicable);
(km) Separate instrument easements where applicable;
(In) Regional stormwater detention fees, in lieu of on -site detention, where approved
by the City Engineer.
7
IX.
Chapter 8, Section 8.302(2), Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
8.302 PARKLAND REQUIREMENTS
(2) Non- Residential Parkland Fee
In order to provide for the open space needs of the community, the Developer of a
non- residential Subdivision will be assessed a parkland fee of eight hundred dollars
($800.00) per acre, with a minimum of eight hundred dollars ($800.00) payable in
accordance with Section 8.3038(3). The parkland fee may be reduced or waived by the
Parks Director should the Developer choose to dedicate parkland at the time of platting.
X.
Chapter 8, Section 8.306, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
8.306 ON -SITE CONVEYANCE OF PARKLAND
(1) Parkland shown on Preliminary and Final Plats
Parkland to be conveyed shall be designated as a lot on both the Preliminary and Final
Plats as "Parkland Dedicated to the City of Round Rock" with the acreage of the parkland
also shown. In addition, a note referencing the dedication of the parkland shall be placed
on the Final Plat.
(2) Title. Insurance Policy Required
Prior to recording the Final Plat, the Developer shall deliver to the Planning Department
a title insurance policy with the City as the holder and covering the parkland being
conveyed.
(23) Deed Required
Prior to recording the Final Plat, the Developer shall deliver to the Planning Department
the deed, in a form approved by the City Attorney, conveying parkland shown on the Final
Plat as approved by the Planning and Zoning Commission. The parkland deeded to the
City shall not be subject to reservations of record, encumbrances or easements that will
interfere with the use of the land for park purposes. The deed delivered to the Planning
Department shall be recorded in conjunction with the recordation of the Final Plat.
8
XI.
Chapter 8, Section 8.422, Code of Ordinances (1995 Edition),
City of Round Rock, Texas, is hereby amended to read as follows:
8.422 PROTECTED TREES RELATED TO PLATTING
All Protected Trees on the site shall be protected in accordance with the Tree Protection Plan
provided for in Section 3.1100 of this Code.
XII.
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.
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 APPROVED on first reading this the day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
day of , 2005.
ATTEST:
CHRISTINE R. MARTINEZ, City Secretary
NYLE MAXWELL, Mayor
City of Round Rock, Texas
9