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O-2023-179 - 6/8/2023 1 ORDINANCE NO. 0-2023-179 2 3 AN ORDINANCE AMENDING ZONING AND DEVELOPMENT CODE, 4 CHAPTER 10, ARTICLE 1, SECTION 10-2 AND ARTICLE V, SECTION 5 10-30, REGARDING REPLAT NOTICE REQUIREMENTS, CODE OF 6 ORDINANCES (2018 EDITION), CITY OF ROUND ROCK, TEXAS, AND 7 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 8 CONFLICTING ORDINANCES AND RESOLUTIONS. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 11 TEXAS: 12 I. 13 That Zoning and Development Code, Chapter 10, Article I, Section 10-2(b)(5) of 14 the Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended 15 as follows: 16 CHAPTER 10. ZONING AND DEVELOPMENT REVIEW PROCEDURES AND BODIES 17 Sec. 10-2. — Review procedures. 18 (b) Public notice requirements. The purpose of this section is to establish the minimum requirements 19 for notice where required in this chapter. Unless otherwise specified, when notice is required in this 20 chapter pursuant to Sec. 10-2, the notice required is as set forth in subsections (b)(1) and (2) of this 21 section. 22 (5) Summary of notice required. Published, mailed, or signed notice shall be required for 23 development review as shown in the following table: On-site public Procedure Published Mailed hearing notification signs placed Platting Concept plan Preliminary plat Final plat 0112.20232;4863-4296-6118 X Replat-single-family or two-family (after approval) Replat-single-family or two-family X X X (requiring variance or exception) Replat-all other Amending or minor plat 1 2 II. 3 That Zoning and Development Code, Chapter 10, Article V, Section 10-30(e) of 4 the Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended 5 as follows: 6 CHAPTER 10. ZONING AND DEVELOPMENT REVIEW PROCEDURES AND BODIES 7 Sec. 10-30. — Replat. 8 (e) Notice requirement for replats. If a replat of residential property, as described by § 212.015(a) of 9 the Tex. Loc. Gov't. Code, requires a variance or exception, a public hearing must be held. Notice of 10 a replat public hearing shall be given in accordance with Sec. 10-2. If a proposed replat described by 11 §212.015(a) of the Tex. Loc. Gov't. Code does not require a variance or exception, not later than the 12 fifteenth day after the date the replat is approved, written notice shall be provided by mail of the 13 approval of the replat to each owner of a lot in the original subdivision that is within 300 feet of the lots 14 to be replatted according to the most recent municipality or tax roll.The notice must include the zoning 15 designation of the property and a telephone number and e-mail address an owner of a lot may use to 16 contact the city about the replat.This requirement does not apply to a proposed replat if the City holds 17 a public hearing and gives notice of the hearing pursuant to Tex. Loc. Gov't Code § 212.015(b). 18 19 20 III. 21 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 22 expressly repealed. 23 B. The invalidity of any section or provision of this ordinance shall not 24 invalidate other sections or provisions thereof. 2 1 C. The City Council hereby finds and declares that written notice of the date, 2 hour, place and subject of the meeting at which this Ordinance was adopted was posted 3 and that such meeting was open to the public as required by law at all times during which 4 this Ordinance and the subject matter hereof were discussed, considered and formally 5 acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government 6 Code, as amended. 7 Alternative 1. 8 By motion duly made, seconded and passed with an affirmative vote of all the 9 Council members present, the requirement for reading this ordinance on two separate 10 days was dispensed with. 11 READ PASSED and ADOPTED on first reading this of �� day L� 12 , 2023. 13 Alternative 2. 14 READ and APPROVED on first reading this the day of 15 2023. 16 READ, APPROVED and ADOPTED on second reading this the day of 17 , 2023. 18 19 20 CRAI ORG , Mayor 21 City of Round ock, Texas 22 23 ATT ST: 24 fJ 25 26 MEAGAN SP KS, :;it Clerk 3 REDLINE 1 ORDINANCE NO. 0-2023-179 2 3 AN ORDINANCE AMENDING ZONING AND DEVELOPMENT CODE, 4 CHAPTER 10, ARTICLE 1, SECTION 10-2 AND ARTICLE V, SECTION 5 10-30, REGARDING REPLAT NOTICE REQUIREMENTS, CODE OF 6 ORDINANCES (2018 EDITION), CITY OF ROUND ROCK, TEXAS, AND 7 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 8 CONFLICTING ORDINANCES AND RESOLUTIONS. 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 11 TEXAS: 12 I. 13 That Zoning and Development Code, Chapter 10, Article I, Section 10-2(b)(5) of 14 the Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended 15 as follows: 16 CHAPTER 10. ZONING AND DEVELOPMENT REVIEW PROCEDURES AND BODIES 17 Sec. 10-2.— Review procedures. 18 (b) Public notice requirements. The purpose of this section is to establish the minimum requirements 19 for notice where required in this chapter. Unless otherwise specified, when notice is required in this 20 chapter pursuant to Sec. 10-2, the notice required is as set forth in subsections (b)(1) and (2) of this 21 section. 22 (5) Summary of notice required. Published, mailed, or signed notice shall be required for 23 development review as shown in the following table: On-site public "ERF, Procedure Published Mailed hearing notification signs placed Platting Concept plan i i I Preliminary plat Final plat 0112.20232;4863-4296-6118 x Replat-single-family or two-family x x (after approval) Replat-single-family or two-family x x x (requiring variance or exception) Replat-all other x X x Amending or minor plat 1 2 3 That Zoning and Development Code, Chapter 10, Article V, Section 10-30(e) of 4 the Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended 5 as follows: 6 CHAPTER 10. ZONING AND DEVELOPMENT REVIEW PROCEDURES AND BODIES 7 Sec. 10-30. —Replat. 8 (e)Notice requirement for replats. 9 hearing is req6i!Fed for replatS GeRtaiRing lets whiGh during the PF8Ged'Rg fiVe (5)yeaFE;weFe limited by 10 zening or deed F86tFiGtien to resideRtial use feF net more than two Fesidential units pe If a replat of 11 residential property, as described by 212.015(a)of the Tex. Loc. Gov't. Code, requires a variance or 12 exception, a public hearing must be held. 13 . Notice of a replat public hearing shall be given, net less thaR 14 15 d'FeGtOF tG the GWReps of pmperty lying outside of the replat b9URdaF'es and within 300 feet of thes'e. 16 boundaries as 4nd'Gated on the most reGeRtly approved FnUR'Gepal tax roll or,In the Gase of a 6ubdivisi 17 18 19 addressed with pestage prepaid, iR a pest effiGe eF postal depe6itery within the MYRiGipal IDGURdaFles-. 20 Additionally, GRe GR Site PY13iiG heaFing nGtdfiGatiGR 6ign shall be plaGed by Gity staff on eaGh pmperty 21 requiFiRg a publiG heaFiRg RGt 1866 than ten days prior to the p!aRR'Rg and zoning GOMM066ion pu 22 heaF'Rg date. The GigR shall be plaGed perpelldiGUIaF to and RG further than 15 feet from the readway-, 23 eF as deemed suitable by 6 in accordance with Sec. 10-2. If a proposed replat described by 24 212.015(a) of the Tex. Loc. Gov't. Code does not require a variance or exception, not later than the 25 fifteenth day after the date the replat is approved, written notice shall be provided by mail of the 26 approval of the replat to each owner of a lot in the original subdivision that is within 300 feet of the lots 27 to be replatted according to the most recent municipality or tax roll.The notice must include the zoning 28 designation of the property and a telephone number and e-mail address an owner of a lot may use to 29 contact the city about the replat.This requirement does not apply to a proposed replat if the City holds 30 a public hearing and gives notice of the hearing pursuant to Tex. Loc. Gov't Code 212.015(b). 31 32 2 1 HL 2 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are 3 expressly repealed. 4 B. The invalidity of any section or provision of this ordinance shall not 5 invalidate other sections or provisions thereof. 6 C. The City Council hereby finds and declares that written notice of the date, 7 hour, place and subject of the meeting at which this Ordinance was adopted was posted s and that such meeting was open to the public as required by law at all times during which 9 this Ordinance and the subject matter hereof were discussed, considered and formally 10 acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government 11 Code, as amended. 12 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 1s , 2023. 3 1 Alternative 2. 2 READ and APPROVED on first reading this the day of 3 2023. 4 READ, APPROVED and ADOPTED on second reading this the day of s , 2023. 6 7 Redline only - No signature 8 CRAIG MORGAN, Mayor 9 City of Round Rock, Texas 10 11 ATTEST: 12 13 Redline only - No signature 14 MEAGAN SPINKS, City Clerk 4