O-2024-168 - 6/27/2024 I ORDINANCE NO. 0-2024-168
2
3 AN ORDINANCE AMENDING ZONING AND DEVELOPMENT CODE,
4 CHAPTERS 1, 4, 6, 8, AND 10, CODE OF ORDINANCES (2018 EDITION),
5 REGARDING DELEGATION OF PLAT APPROVAL, AND PROVIDING
6 FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
7 ORDINANCES AND RESOLUTIONS.
8
9 WHEREAS, the Texas Legislature passed HB 3699, effective September 01,
10 2023, related to municipal regulation of subdivisions and approval of subdivision plans or
11 plats, and
12 WHEREAS, HB 3699 amended Section 212.0065 of the Texas Local Government
13 Code regarding delegation of plat approval responsibility, and
14 WHEREAS, on May 04, 2024, the voters of the City of Round Rock, Texas ("City")
15 voted to approve Proposition B which amended the Home Rule Charter of the City to
16 reflect the changes now permitted by Section 212.0065 of the Texas Local Government
17 Code ("Charter Amendment"), and
18 WHEREAS, on May 23, 2024, the City Council passed a resolution to adopt the
19 Charter Amendment and amend Section 12.04 of the City's Charter, and
20 WHEREAS, the City Council now desires to delegate to the PDS Director the
21 ability to approve, approve with conditions, or disapprove plats as allowed by State law
22 and the City's Charter, and
23 WHEREAS, the City of Round Rock, Texas desires to now amend the text of the
24 Zoning and Development Code related to said delegation, and
25 WHEREAS, the Planning and Zoning Commission held a public hearing
26 concerning the proposed amendments on the 26th day of June, 2024, following lawful
27 publication of the notice of said public hearing, and
0112.20242;4866-6616-2630
I WHEREAS, after considering public testimony received at such hearing, the
2 Planning and Zoning Commission has recommended the Zoning and Development Code
3 be amended as set forth herein, and
4 WHEREAS, on the 27th day of June, 2024, after proper notification, the City held
5 a public hearing on the proposed amendments, and
6 WHEREAS, the City Council determines that the amendments provided for herein
7 promote the health, safety, morals and protects and preserves the general welfare of the
8 community, and
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
10 TEXAS:
11 I.
12 That Zoning and Development Code, Chapter 1, Article III, Section 1-50, Code of
13 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
14 CHAPTER 1. INTRODUCTORY PROVISIONS
15 Sec. 1-50. - Definitions.
16 The purpose of this section is to define words, terms and phrases contained within this code, unless
17 otherwise specifically defined elsewhere herein. Definitions for words not defined below may be defined
18 elsewhere in the City of Round Rock Code of Ordinances or found in Webster's Dictionary of the English
19 language, unabridged, subject to interpretation by the PDS director.
Term Definition
Planning and The person appointed by the city manager to oversee the planning and development
development
services department, and who has been delegated by the City Council the ability to
services director
(PDS director) approve, approve with conditions, or disapprove a plat.
Planning and The planning and zoning commission of the city which acts as an advisory body to the
zoning City Council. recommends action and changes to the City Council on the official
commission Zoning map, and performs such other functions as may be duly delegated to them
2
from time to time by the City Council, the PDS director, or as required by law. For the
purposes of zoning and subdivisions, also referred to as commission.
Plat,final The plat that is submitted to the planning and zoning commission or the PDS director
for final approval.
Plat, preliminary
The plat indicating the proposed layout of the subdivision or addition that is submitted
to the planning and zoning commission or the PDS director for preliminary approval.
A plan submitted by the owner in a form or manner specified by the forestry manager,
Tree protection or zoning administrator, whichever is applicable, providing the method of protecting
plan trees during construction that may or may not include protection details, standards,
notes and construction plans in accordance with generally accepted methods such as
those provided in the Tree Technical Manual.
A plan submitted by the owner in a form and manner specified by the forestry
Tree manager, or zoning administrator,whichever is applicable, providing the method of
replacement replacement for the proposed protected trees to be removed that identifies the
plan location, size, and species of all new trees proposed as replacement for the protected
trees being removed and fees in lieu of replacement trees.
1
2 II.
3 That Zoning and Development Code, Chapter 4, Article I, Section 4-6, Code of
4 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby repealed in its entirety.
5 The effective date of this repeal is immediate.
6 III.
7 That Zoning and Development Code, Chapter 4, Article I, Section 4-7(a), Code of
8 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
9 Sec.4-7.-Standards for approval.
10 (a) The PDS director shall approve a plat if it conforms to the general plan and to the requirements of this
11 Code while taking into account access to and extension of the city water system, reuse water system
12 (if applicable), wastewater system, and stormwater drainage facilities. In rendering its decision, the
13 PDS director shall also consider the location of current and future streets, alleys, parks, easements,
14 and other required public facilities within the city and its ETJ.
3
1 IV.
2 That Zoning and Development Code, Chapter 4, Article I, Section 4-12(b), Code
3 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
4 Sec.4-12. -Certification regarding compliance with plat requirements.
5 (b) If the PDS director determines that a plat is not required, a written certification of that determination
6 shall be issued to the requesting party. If the PDS director determines that a plat is required the PDS
7 director shall issue to the requesting party a written certification of that determination.
8
9 V.
10 That Zoning and Development Code, Chapter 4, Article III, Sections 4-46 and 4-
11 47, Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended
12 as follows:
13 ARTICLE III. -LOT AND BLOCK DESIGN STANDARDS
14 Sec.4-46. - Lots.
15 (a) Special purpose lots. Special purpose lots established for private streets, parkland dedication,
16 landscaping, postal boxes, floodplain, drainage conveyance, storage, or sedimentation and filtration,
17 lift stations, or water storage, electrical substations, switching stations and other similar facilities
18 needed for transmission and supply of public utilities, may be approved as exceptions to the lot
19 requirements provided in chapter 2 of this Code. In addition, except for private streets, a special
20 purpose lot does not require street frontage but must be provided vehicular access approved by the
21 PDS director. A special purpose lot established for a private street must connect to either a public
22 street or another private street that connects to a public street. A special purpose lot that is to serve
23 as a common area, open space, or recreational field for a new subdivision in the SF-2 (Single-Family
24 - Standard Lot) or SF-3 (Single-Family - Mixed Lot)zoning districts shall be irrigated by reuse water
25 where available.
26 (b) Double frontage lots. Double frontage lots are prohibited for all single-family, two-family and single-lot
27 townhouse lots unless no other lot configuration is practical as determined by the PDS director.
28 (c) Flag lots. Flag lots shall be permitted at the discretion of the PDS director at the time of subdivision
29 platting. In order for a flag lot to be considered for approval, it must meet the following conditions:
30 (1) The lot is intended for nonresidential use, except as provided for in Sec.4-34(b)(4);
31 (2) The lot has a minimum width of 50 feet at the street;
32 (3) The length of the projection to the street does not exceed 500 feet or the depth of the abutting lot,
33 whichever is less; and
34 (4) There is a minimum distance of 400 feet from the nearest flag lot as measured along the street
35 frontage.
36 Additionally, in cases where driveways cannot meet separation requirements, a plat note indicating
37 how shared access to adjoining lots has been secured shall be included on the plat.
4
1 The PDS director may deny an application for a flag lot if the location creates site specific traffic safety
2 concerns or conflicts with access to abutting lots or driveway separation standards.
3 (d) Lot size. Except for special purpose lots and lots in the ETJ, the size of the lots shall conform to the
4 requirements of chapter 2.
5 (e) Lot width. Lot widths shall be determined according to the requirements of chapter 2.
6 (f) Lot numbering. All lots shall be numbered consecutively within each block unless an alternative lot
7 numbering arrangement is approved by the PDS director.
8 (g) Lot street frontage.
9 (1) The lot street frontage for a single-family residential lot shall be no less than 25 feet.
10 (2) The lot street frontage for a nonresidential or residential lot other than a single-family lot shall be
11 no less than 50 feet.
12 Sec.4-47. - Blocks.
13 (a) Block configuration. The configuration of blocks shall promote convenient and safe traffic and
14 pedestrian circulation throughout the subdivision, create aesthetically pleasing neighborhoods, foster
15 a desirable living environment, and provide fire and police access to ensure public safety.
16 (b) Restriction. Blocks of single-family,two-family or single-lot townhouse lots shall not contain more than
17 two tiers of lots.
18 (c) Block length. Residential blocks within new residential subdivisions shall meet the following standards:
19 (1) The block length shall not exceed 1,000 feet. The city encourages block lengths to be limited to
20 600 feet, but the length may be varied according to circulation, topography, and provisions of the
21 Comprehensive Plan.
22
23 VI.
24 That Zoning and Development Code, Chapter 4, Article VI, Section 4-77, Code of
25 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
26 Sec.4-77. -Wastewater system.
27 (a) Sewer service to each lot inside city limits;connection with wastewater system required.
28 (1) Connection to the city's wastewater system shall be required except where the director of utilities
29 determines that such connection would require unreasonable expenditure of funds when
30 compared with alternate methods of sewage disposal. Where alternative sewage disposal is
31 permitted, the plans for such system must meet the requirements of the TCEQ and be approved
32 by the county health department, prior to approval of the final plat by the PDS director.
33 (2) The developer shall install all wastewater mains and lines necessary to serve each lot. The
34 developer shall install necessary on-site and off-site wastewater mains and shall extend service
35 to all lots, terminating each service with a cap. For the orderly extension of wastewater lines as
36 established in the water and wastewater master plan,the developer shall install wastewater mains
37 to the boundaries of his final plat for future connection by the development of the abutting land.
38 For multifamily and nonresidential plats, services to the lots shall connect at manholes.
39 (b) Sewer service to property in the city's extraterritorial jurisdiction; connection to approved wastewater
40 system required. Connection to either the city's wastewater system or a TCEQ approved wastewater
5
1 system shall be required. If the city's wastewater system is not utilized,the alternative sewage disposal
2 system must meet the requirements of the TCEQ and be approved by the county health department
3 prior to approval of the final plat by the PDS director.
4 (c) Developer to submit certificate. The developer's engineer shall include a statement with the
5 wastewater system plans that the wastewater system meets the requirements of this section and
6 complies with the rules and regulations established by the TCEQ.
7 (d) Design and construction criteria. All wastewater systems shall be designed and constructed in
8 accordance with the Design and Construction Standards and conform to the TCEQ design criteria in
9 the Texas Administrative Code, as amended. Privately maintained wastewater facilities located
10 between the publicly maintained portion of the wastewater system and up to the point five (5) feet
it away from the building foundation shall follow all requirements of the Utilities Design and Construction
12 Standards and shall not violate the International Plumbing Code, with local amendments.
13
14 VII.
15 That Zoning and Development Code, Chapter 4, Article VII, Section 4-88(g), Code
16 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
17 Sec.4-88. -Subdivision and addition plats.
18 (g) For final plats that have been approved by the Planning and Zoning Commission(P&Z)prior to October
19 1, 2020, re-delineation of floodplain limits and MFFE on the approved final plat, due to adoption of
20 Atlas 14 rainfall data, shall not be required as long as the final plat does not expire prior to recordation
21 with the county. Approval of a preliminary plat shall not vest floodplain or MFFE delineation for a
22 subsequent final plat application.
23
24 Vlll.
25 That Zoning and Development Code, Chapter 6, Article II, Section 6-11(f), Code
26 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
27 Sec. 6-11. -Streets.
28 (f) Culs-de-sac.
29 (1) Local streets may terminate in a cul-de-sac. Collectors and arterial streets may not terminate in
30 a cul-de-sac.
31 (2) Except as provided herein,the maximum length of a cul-de-sac street shall be 600 feet,measured
32 from the centerline of the nearest intersecting outlet street to the centerpoint of the turnaround;
33 except that a longer length may be allowed upon a recommendation by the fire department and
34 if the PDS director determines any of the following:
35 a. That no secondary access can be reasonably provided to the portion of the subdivision which
36 is to be served by the cul-de-sac;
37 b. That limited access to the subdivision is due to a topographical condition on the property or
38 a particular physical surrounding; or
39 c. That the cul-de-sac is temporary and the street is planned to extend to the adjacent property.
6
1
2 IX.
3 That Zoning and Development Code, Chapter 6, Article ll, Section 6-12, Code of
4 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
5 Sec. 6-12-Connectivity.
6 (d) A subdivision may have a roadway connectivity index of less than 1.35, provide fewer connections to
7 public roads, or provide fewer stub streets than required by the above where specific features or
8 constraints of the land being subdivided make strict compliance impossible or impractical. Such
9 features include the following:
10 (1) Natural features such as bodies of water, severe elevation changes, karst features, or monarch
11 trees;
12 (2) Important cultural or archeological features such as historic landmarks or burial grounds;
13 (3) Incompatible land uses adjacent to the proposed subdivision;
14 (4) Adjacent subdivisions which do not provide stub streets or other opportunities to connect to the
15 proposed subdivision; and
16 (5) Situations where intersection and driveway separation requirements prevent the ability to provide
17 additional connections to a public road.
18 The applicant shall attach to the plat application an explanation of how the connectivity of the proposed
19 subdivision is hindered by the presence of any noted features. Under no circumstance shall the desire for
20 an increased lot yield or financial constrains serve as a justification for a reduced connectivity index. The
21 PDS director shall approve the application if it determines the connectivity of the proposed subdivision
22 cannot meet the requirements of this section due to the site constraints. Alternately, the PDS director may
23 deny the application if it determines the proposed subdivision's connectivity can be reasonably improved in
24 spite of the presence of said features.
25 X.
26 That Zoning and Development Code, Chapter 6, Article II, Section 6-14(a), Code
27 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
28 follows:
29 Sec. 6-14. - Intersections.
30 (a) Proposed intersections shall be designed to meet the minimum spacing requirements, curb radii, and
31 corner sight distances required in the Design and Construction Standards, and based on the following
32 design specifications:
33 (1) Streets shall intersect at right angles. In the event of physical constraints that prevent right angles,
34 a modification of up to 20 degrees may be permitted upon recommendation by the transportation
35 director.
36 (2) The right-of-way line at street intersections shall be in accordance with the Design and
37 Construction Standards.
38 (3) The centerline of intersecting streets shall be a minimum of 200 feet from other street
7
1 intersections. This offset shall not apply to streets intersecting a street if a raised median is
2 provided and no median opening is aligned with either of the offset streets. Future median
3 openings are prohibited where two streets offset and intersect an arterial street at a distance of
4 less than 200 feet; provided, however, median openings may be allowed for one-way traffic
5 circulation subject to the approval of the transportation director.
6
7 XI.
8 That Zoning and Development Code, Chapter 8, Article III, Section 8-24(a), Code
9 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
10 follows:
11 Sec.8-24.-Administration and enforcement.
12 This article will be administered and enforced by the forestry manager and the zoning administrator.
13 (a) Administration.
14 (1) The role of the forestry manager is to:
15 a. Provide technical advice to the zoning administrator regarding trees;
16 b. Provide technical advice regarding protected trees and tree replacement plans to the
17 PDS director through the plat review process;
18 c. Approve or disapprove of the removal of protected trees unrelated to the site plan or
19 subdivision processes; and
20 d. Review and recommend updates to this tree protection and preservation ordinance and
21 the Tree Technical Manual.
22 (2) The role of the zoning administrator is to approve or disapprove protected trees to be
23 preserved, removed, or replaced as part of the site plan and subdivision process.
24
25 XII.
26 That Zoning and Development Code, Chapter 8, Article III, Section 8-27(b), Code
27 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
28 follows:
29 Sec.8-27. -Appeals.
30 (b) Denial of tree removal request through the subdivision process. If a protected tree removal request is
31 denied, the applicant may appeal such action to the city council by filing written notice of such appeal
32 with the city clerk within ten days of notice of the denial of the application by the PDS director.The city
33 council shall have 30 days from the date of the appeal to review said denial. The city council may
34 affirm or reverse the determination of the PDS director. If the city council fails to act within 30 days,
35 the appeal shall be automatically granted and a protected tree removal request approved.
36
8
1 XIII.
2 That Zoning and Development Code, Chapter 10, Article V, Section 10-25(c),
3 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
4 f01lOWS:
5 Sec. 10-25.- In general.
6 (c) Withdrawal of an application. A developer may withdraw an application for approval of a concept plan
7 or any plat prior to the review of the respective concept plan or plat by the PDS director by notifying
8 the PDS director in writing.
9 XIV.
10 That Zoning and Development Code, Chapter 10, Article V, Section 10-27, Code
11 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
12 follows:
13 Sec. 10-27. -Preliminary plat.
14 (a) Purpose and intent. The purpose of the preliminary plat is to present a detailed layout of the proposed
15 subdivision in order to facilitate a review by the planning and zoning commission of the proposed
16 subdivision's street and drainage system, easements, utilities, building lots, and other lots including
17 parkland.
18 (b) Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an
19 application for approval of a preliminary plat, unless waived by the PDS director.
20 (c) Required. The developer shall submit to the PDS director for approval a preliminary plat of the
21 subdivision. The preliminary plat shall conform to the concept plan, where one was required. If the
22 PDS director determines the preliminary plat does not conform to the approved concept plan, a new
23 concept plan shall be submitted and approved by the PDS Director prior to review of the preliminary
24 plat.
25 (d) Application requirements. The developer shall submit a preliminary plat application that contains all
26 the materials listed in the development packet.
27 (e) City staff review. After the city staff review and comment period, the developer shall submit to the
28 planning department the number of corrected copies of the preliminary plat as specified in the
29 development packet, along with one reproducible drawing with all required information and an
30 electronic plat in the format described in the development packet. A phase II environmental
31 assessment may be required if the phase I environmental assessment indicates that a potential
32 environmental hazard may exist.
33 (f) Revisions to approved preliminary plats.
34 (1) Minor revisions to approved preliminary plats. The PDS director may administratively approve
35 minor revisions to approved preliminary plats. The developer shall submit a preliminary plat
36 application that contains all the materials listed in the development packet. A minor revision is
37 one that:
38 a. Changes the lot size or configuration provided that the total number of lots does not increase;
9
1 b. Changes a local street width or alignment; or
2 c. Changes a utility or access easement.
3 (2) Major revisions to approved preliminary plats. The PDS director may approve major revisions to
4 approved preliminary plats. Proposed major revisions to an approved preliminary plat shall trigger
5 the submittal of a new concept plan in conjunction with the major revision requested and trigger
6 notice requirements provided for in Sec. 10-10(f),with the exception that concept plans contained
7 within a Planned Unit Development are not required to be re-submitted. The developer shall
8 submit a preliminary plat application that contains all the materials listed in the development
9 packet. A major revision may include, but is not limited to the following:
10 a. An increase in the number of lots;
it b. A change to the collector or arterial street layout; or
12 c. A modification of the parkland.
13
14 XV.
15 That Zoning and Development Code, Chapter 10, Article V, Section 10-28, Code
16 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
17 Sec. 10-28. - Final plat.
18 (a) Purpose and intent. The purpose of the final plat is to allow for a review of the proposed subdivision's
19 street and drainage system, easements, utilities, building lots, and other lots including parkland, and
20 to establish an approved, legally recordable plat of the proposed subdivision.
21 (b) Corresponding final plat. If a final plat does not include the entire parcel of land included in the
22 preliminary plat, the final plat must correspond to the phasing approved in the preliminary plat.
23 (c) Required. The developer shall submit to the PDS director for approval a final plat of the subdivision in
24 conformance with the approved preliminary plat.
25 (d) Application requirements. The developer shall submit a final plat application that contains all the
26 materials listed in the development packet.
27 (e) City staff review. After the city staff review and comment period, the developer shall submit to the
28 planning department the number of corrected copies of the final plat as specified in the development
29 packet, along with one reproducible drawing with all required information in a format specified in the
30 development packet. A phase 11 environmental assessment may be required if the phase 1
31 environmental assessment indicates that a potential environmental hazard may exist.
32
33 XVI.
34 That Zoning and Development Code, Chapter 10, Article V, Section 10-29(c),
35 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
36 follows:
37 Sec. 10-29. -Minor subdivision final plat.
38 (c) When permitted. The developer shall submit a minor subdivision final plat to the PDS director for
39 approval without the submission of a concept plan or a preliminary plat.
10
1
2 XVII.
3 That Zoning and Development Code, Chapter 10, Article V, Section 10-30, Code
4 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
5 follows:
6 Sec. 10-30. - Replat.
7 (a) Purpose and intent. The purpose of a replat is to resubdivide all or part of a recorded plat,without the
8 vacation of the preceding plat, and to allow for a review by the PDS director. A replat is not required
9 when the city or other governmental entity acquires part of a developed property for right-of-way
10 expansion.
11 (b) Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an
12 application for approval of a replat.
13 (c) When permitted.The developer shall submit to the PDS director for approval of a replat in compliance
14 with the Texas Local Government Code as amended.
15 (d) Application requirements. The developer shall submit a replat application that contains all the materials
16 listed in the development packet.
17 (e) Notice requirement for replats. If a replat of residential property, as described by V.T.C.A Local
18 Government Code § 212.015(a), requires a variance or exception, a public hearing must be held.
19 Notice of a replat public hearing shall be given in accordance with Sec. 10-2. If a proposed replat
20 described by V.T.C.A Local Government Code§212.015(a)does not require a variance or exception,
21 not later than the fifteenth day after the date the replat is approved,written notice shall be provided by
22 mail of the approval of the replat to each owner of a lot in the original subdivision that is within 300 feet
23 of the lots to be replatted according to the most recent municipality or tax roll.The notice must include
24 the zoning designation of the property and a telephone number and e-mail address an owner of a lot
25 may use to contact the city about the replat. This requirement does not apply to a proposed replat if
26 the City holds a public hearing and gives notice of the hearing pursuant to V.T.C.A Local Government
27 Code §212.015(b).
28 (f) Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is damaged
29 or removed shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide
30 attempt has been made to comply with applicable notice requirements. Defects in notice provisions
31 which exceed the requirements of V.T.C.A., Local Government Code ch. 211, shall not invalidate any
32 action or proceedings pursuant thereto.
33 (g) City staff review. After the city staff review and comment period, the developer shall submit to the
34 planning department the number of corrected copies specified in the development packet, along with
35 one reproducible drawing with all required information in a format specified in the development packet.
36
11
1 XVIII.
2 That Zoning and Development Code, Chapter 10, Article V, Section 10-31(c),
3 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
4 follows:
5 Sec. 10-31. -Amending plat.
6 (c) When permitted. The developer shall submit to the PDS director for approval an amending plat
7 application in lieu of a preliminary and final plat when the proposed amending plat is filed for one or
8 more of the purposes listed in V.T.C.A., Local Government Code§ 212.016.
9 XIX.
10 That Zoning and Development Code, Chapter 10, Article V, Section 10-32, Code
11 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
12 follows:
13 Sec. 10-32. -Plat vacation.
14 (a) Purpose and intent. The purpose of a plat vacation is to nullify all or part of a previously recorded plat.
15 (b) When permitted. The developer shall submit to the PDS director for approval a plat vacation as
16 permitted under and in compliance with V.T.C.A., Local Government Code§212.013:
17 (1) No lots sold. The owner of the land covered by a plat may vacate the plat at any time before any
18 lot in the plat is sold.After approval,the plat is vacated when a signed, acknowledged instrument
19 declaring the plat vacated is recorded in the manner prescribed for the original plat.
20 (2) Lots sold. If one or more lots in the plat have been sold, the plat, or any part of the plat, may be
21 vacated on the application of all the owners of lots in the plat with approval obtained in the manner
22 prescribed for the original plat.After approval,the plat is vacated when all owners record a signed,
23 acknowledged instrument declaring the plat vacated.
24 (c) Application requirements. The developer shall submit a plat vacation application that contains all the
25 materials listed in the development packet.
26
27 XX.
28 That Zoning and Development Code, Chapter 10, Article V, Section 10-34, Code
29 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
30 follows:
31 Sec. 10-34.-Approval procedure.
12
1 (a) Distribution and review. The PDS director shall distribute a copy of each application to the reviewing
2 agencies and the reviewing agencies shall review the application in accordance with the Texas Local
3 Government Code and this code.
4 (b) Director approval of easement vacations. After a review by the reviewing agencies, the PDS director
5 may approve easement vacations. Upon a determination by the PDS director that all of the public
6 utilities authorized to use the easement proposed for vacation approve of the vacation request, the
7 PDS director shall then approve the respective easement vacation.
8 (c) Director approval of plats. The PDS director shall review plat applications and shall either approve,
9 approve with minor conditions, or disapprove them within 30 days after filing a completed application.
10 The 30 days may be extended for a period not to exceed an additional 30 days upon written request
11 by the applicant and approval by the PDS director. The PDS director may, for any reason, elect to
12 present the plat for approval to the planning and zoning commission.
13 (d) Right to appeal. If the PDS director disapproves a plat, the applicant has the right to appeal to the City
14 Council or the planning and zoning commission.
15 (e) Notification of action taken for plats. Within ten working days after action taken by the PDS director or
16 the planning and zoning commission pursuant to subsection (c), the PDS director shall issue to the
17 developer a certificate as required by V.T.C.A., Local Government Code § 212.0115, stating that the
18 plat has been reviewed and approved.
19 XXI.
20 That Zoning and Development Code, Chapter 10, Article IX, Section 10-68(b),
21 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
22 follows:
23 Sec. 10-68.- Planning and zoning commission (PZ).
24 (b) Powers and duties. The P&Z shall have the following powers and duties pursuant to the provisions of
25 applicable statutory requirements for a P&Z:
26 (1) General plan. The P&Z shall prepare and modify the general plan for the city, for approval and
27 adoption by the city council.
28 (2) Text amendments.The P&Z shall review and make recommendations to the city council in regard
29 to amendments to the text of this code.
30 (3) Application for original zoning. The P&Z shall review and make recommendations to the city
31 council in regard to applications for original zoning.
32 (4) Zoning map amendments. The P&Z shall review and make recommendations to the city council
33 in regard to amendments to the official zoning map.
34 (5) Planned unit development(PUD). The P&Z shall review and make recommendations to the city
35 council in regard to applications for planned unit developments.
36 (6) Historic (H) overlay designation. The P&Z shall review and make recommendations to the city
37 council in regard to applications for designation of Historic(H)overlay districts.
38
39 (7) Other duties as assigned. The P&Z shall perform such other functions as may be duly delegated
40 to them from time to time by the city council or the PDS director or as required by law.
41
13
1 XXII.
2 That Zoning and Development Code, Chapter 10, Article IX, Section 10-70(a),
3 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
4 follows:
5 CHAPTER 10. ZONING AND DEVELOPMENT REVIEW PROCEDURES AND BODIES
6
7 Sec. 10-70.—Summary of review authority.
8
9 (a) The following table summarizes the city procedural review structure by review body:
10
11
Procedure Zoning Historic Zoning Board Planning and City Council
Administrator Preservation of Adjustment Zoning
Committee Commission
Platting
Concept plan
Decision
Preliminary plat Decision
Final plat Decision
Replat Decision'
Amending and Decision
minor plats
12
13 XXIII.
14 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
15 expressly repealed.
16 B. The invalidity of any section or provision of this ordinance shall not
17 invalidate other sections or provisions thereof.
18 C. The City Council hereby finds and declares that written notice of the date,
19 hour, place and subject of the meeting at which this Ordinance was adopted was posted
20 and that such meeting was open to the public as required by law at all times during which
14
1 this Ordinance and the subject matter hereof were discussed, considered and formally
2 acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
3 Code, as amended.
4 Alternative one.
5 By motion duly made, seconded and passed with an affirmative vote of all the
6 Council members present, the requirement for reading this ordinance on two separate
7 days was dispensed with.
8 READ, PASSED, and ADOPTED on first reading this day of
9 C h , 2024.
10 Alternative 2.
11 READ and APPROVED on first reading this the day of
12 , 2024.
13 READ, APPROVED and ADOPTED on second reading this the day of
14 2024.
15
16
17 CRAldVOKGAq,Payor
18 City of Round R Texas
19
20 ATTEST:
21
22
23 EAGAN S NK ity Clerk
15
REDLINE
1 ORDINANCE NO. 0-2024-168
2
3 AN ORDINANCE AMENDING ZONING AND DEVELOPMENT CODE,
4 CHAPTERS 1, 4, 6, 8, AND 10, CODE OF ORDINANCES (2018 EDITION),
5 REGARDING DELEGATION OF PLAT APPROVAL, AND PROVIDING
6 FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING
7 ORDINANCES AND RESOLUTIONS.
8
9 WHEREAS, the Texas Legislature passed HB 3699, effective September 01,
10 2023, related to municipal regulation of subdivisions and approval of subdivision plans or
11 plats, and
12 WHEREAS, HB 3699 amended Section 212.0065 of the Texas Local Government
13 Code regarding delegation of plat approval responsibility, and
14 WHEREAS, on May 04, 2024, the voters of the City of Round Rock, Texas ("City")
15 voted to approve Proposition B which amended the Home Rule Charter of the City to
16 reflect the changes now permitted by Section 212.0065 of the Texas Local Government
17 Code ("Charter Amendment"), and
18 WHEREAS, on May 23, 2024, the City Council passed a resolution to adopt the
19 Charter Amendment and amend Section 12.04 of the City's Charter, and
20 WHEREAS, the City Council now desires to delegate to the PDS Director the
21 ability to approve, approve with conditions, or disapprove plats as allowed by State law
22 and the City's Charter, and
23 WHEREAS, the City of Round Rock, Texas desires to now amend the text of the
24 Zoning and Development Code related to said delegation, and
25 WHEREAS, the Planning and Zoning Commission held a public hearing
26 concerning the proposed amendments on the 26th day of June, 2024, following lawful
27 publication of the notice of said public hearing, and
0112.20242;4866-6616-2630
1 WHEREAS, after considering public testimony received at such hearing, the
2 Planning and Zoning Commission has recommended the Zoning and Development Code
3 be amended as set forth herein, and
4 WHEREAS, on the 27th day of June, 2024, after proper notification, the City held
5 a public hearing on the proposed amendments, and
6 WHEREAS, the City Council determines that the amendments provided for herein
7 promote the health, safety, morals and protects and preserves the general welfare of the
8 community, and
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
10 TEXAS:
11 I.
12 That Zoning and Development Code, Chapter 1, Article III, Section 1-50, Code of
13 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
14 CHAPTER 1. INTRODUCTORY PROVISIONS
15 Sec. 1-50. - Definitions.
16 The purpose of this section is to define words, terms and phrases contained within this code, unless
17 otherwise specifically defined elsewhere herein. Definitions for words not defined below may be defined
18 elsewhere in the City of Round Rock Code of Ordinances or found in Webster's Dictionary of the English
19 language, unabridged, subject to interpretation by the PDS director.
Term Definition
Planning and
development The person appointed by the city manager to oversee the planning and development
services director services department.,and who has been delegated by the Cit,Council the ability to
(PDS director) approve, approve with conditions, or disapprove a plat.
Planning and The planning and zoning commission of the city which undeF Mate !a-Af has
zoning cts as
commission an advisory body to the City Council, recommends action and changes to the City
Council on the official zoning map and performs such other functions as may be duly
2
delegated to them from time to time by the City Council, the PDS director, or as
required by law. For the purposes of zoning and subdivisions, also referred to as
commission.
Plat, final The plat that is presented submitted to the planning and zoning commission or the
PDS director for final approval.
—7The plat indicating the proposed layout of the subdivision or addition that ispFe6e Rted
Plat, preliminary submitted to the planning and zoning commission or the PDS director for preliminary
approval.
A plan submitted by the owner in a form or manner specified by the forestry manager,
or zoning administrator , whichever is applicable,
Tree protection providing the method of protecting trees during construction that may or may not
plan include protection details, standards, notes and construction plans in accordance with
(generally accepted methods such as those provided in the Tree Technical Manual.
A plan submitted by the owner in a form and manner specified by the forestry
Tree manager, or zoning administrator , whichever is
replacement applicable, providing the method of replacement for the proposed protected trees to
plan be removed that identifies the location, size, and species of all new trees proposed as
replacement for the protected trees being removed and fees in lieu of replacement
trees.
1
2 II.
3 That Zoning and Development Code, Chapter 4, Article I, Section 4-6, Code of
4 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby repealed in its entirety.
5 The effective date of this repeal is immediate.
6 III.
7 That Zoning and Development Code, Chapter 4, Article I, Section 4-7(a), Code of
8 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
9 Sec.4-7. -Standards for approval.
10 (a) The planning-a4-4 PDS director shall approve a plat if it conforms to the general
11 plan and to the requirements of this Code while taking into account access to and extension of the city
12 water system, reuse water system (if applicable), wastewater system, and stormwater drainage
13 facilities. In rendering its decision, the PDS director shall also
14 consider the location of current and future streets, alleys, parks, easements, and other required public
15 facilities within the city and its ETJ.
3
1 IV.
2 That Zoning and Development Code, Chapter 4, Article I, Section 4-12(b), Code
3 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
4 Sec. 4-12. -Certification regarding compliance with plat requirements.
S (b) If the PDS director determines that a plat is not required, a written certification of that determination
6 shall be issued to the requesting party. If the PDS director determines that a plat is requiredand that
7
8 , the PDS director shall issue
9 to the requesting party a written certification of that determination.
10
11 V.
12 That Zoning and Development Code, Chapter 4, Article III, Sections 4-46 and 4-
13 47, Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended
14 as follows:
15 ARTICLE III. - LOT AND BLOCK DESIGN STANDARDS
16 Sec.4-46. -Lots.
17 (a) Special purpose lots. Special purpose lots established for private streets, parkland dedication,
18 landscaping, postal boxes, floodplain, drainage conveyance, storage, or sedimentation and filtration,
19 lift stations, or water storage, electrical substations, switching stations and other similar facilities
20 needed for transmission and supply of public utilities, may be approved as exceptions to the lot
21 requirements provided in chapter 2 of this Code. In addition, except for private streets, a special
22 purpose lot does not require street frontage but must be provided vehicular access approved by the
23 PDS director. A special purpose lot established for a private street must connect to either a public
24 street or another private street that connects to a public street. A special purpose lot that is to serve
25 as a common area, open space, or recreational field for a new subdivision in the SF-2 (Single-Family
26 - Standard Lot) or SF-3 (Single-Family - Mixed Lot) zoning districts shall be irrigated by reuse water
27 where available.
28 (b) Double frontage lots. Double frontage lots are prohibited for all single-family, two-family and single-lot
29 townhouse lots unless no other lot configuration is practical as determined by the PDS director.
30 (c) Flag lots. Flag lots shall be permitted at the discretion of the P!aRaiRg and PDS
31 director at the time of subdivision platting. In order for a flag lot to be considered for approval, it must
32 meet the following conditions:
33 (1) The lot is intended for nonresidential use, except as provided for in Sec 4-34(b)(4);
34 (2) The lot has a minimum width of 50 feet at the street;
35 (3) The length of the projection to the street does not exceed 500 feet or the depth of the abutting lot,
36 whichever is less; and
37 (4) There is a minimum distance of 400 feet from the nearest flag lot as measured along the street
38 frontage.
4
1 Additionally, in cases where driveways cannot meet separation requirements, a plat note indicating
2 how shared access to adioining lots has been secured shall be included on the plat.
3 The Planning and ZORing CGFRFniGGiGR PDS director may deny an application for a flag lot if the location
4 creates site specific traffic safety concerns or conflicts with access to abutting lots or driveway
S separation standards.
6 (d) Lot size. Except for special purpose lots and lots in the ETJ, the size of the lots shall conform to the
7 requirements of chapter 2.
8 (e) Lot width. Lot widths shall be determined according to the requirements of chapter 2.
9 (f) Lot numbering. All lots shall be numbered consecutively within each block unless an alternative lot
10 numbering arrangement is approved by the PDS director.
11 (g) Lot street frontage.
12 (1) The lot street frontage for a single-family residential lot shall be no less than 25 feet.
13 (2) The lot street frontage for a nonresidential or residential lot other than a single-family lot shall be
14 no less than 50 feet.
15 Sec. 4-47. -Blocks.
16 (a) Block configuration. The configuration of blocks shall promote convenient and safe traffic and
17 pedestrian circulation throughout the subdivision, create aesthetically pleasing neighborhoods, foster
18 a desirable living environment, and provide fire and police access to ensure public safety.
19 (b) Restriction. Blocks of single-family,two-family or single-lot townhouse lots shall not contain more than
20 two tiers of lots.
21 (c) Block length. Residential blocks within new residential subdivisions shall meet the following standards:
22 (1) The block length shall not exceed 1,000 feet
23 Gemmassfea. The city encourages block lengths to be limited to 600 feet, but the length may be
24 varied according to circulation, topography, and provisions of the mal Comprehensive Plan.
25 (2) if the Planning and ZeniRg GeFnrni i s a b'eGk length that eXGeeds 1,000 feet,-a
26
27 .
28
29 VI.
30 That Zoning and Development Code, Chapter 4, Article VI, Section 4-77, Code of
31 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
32 Sec. 4-77. -Wastewater system.
33 (a) Sewer service to each lot inside city limits;connection with wastewater system required.
34 (1) Connection to the city's wastewater system shall be required except where the director of utilities
35 determines that such connection would require unreasonable expenditure of funds when
36 compared with alternate methods of sewage disposal. Where alternative sewage disposal is
37 permitted, the plans for such system must meet the requirements of the TCEQ and be approved
38 by the county health department, prior to approval of the final plat by the plaRRiRg and
39 GGm_m ss on PDS director.
5
1 (2) The developer shall install all wastewater mains and lines necessary to serve each lot. The
2 developer shall install necessary on-site and off-site wastewater mains and shall extend service
3 to all lots, terminating each service with a cap. For the orderly extension of wastewater lines as
4 established in the water and wastewater master plan,the developer shall install wastewater mains
5 to the boundaries of his final plat for future connection by the development of the abutting land.
6 For multifamily and nonresidential plats, services to the lots shall connect at manholes.
7 (b) Sewer service to property in the city's extraterritorial jurisdiction; connection to approved wastewater
8 system required. Connection to either the city's wastewater system or a TCEQ approved wastewater
9 system shall be required. If the city's wastewater system is not utilized,the alternative sewage disposal
10 system must meet the requirements of the TCEQ and be approved by the county health department
11 prior to approval of the final plat by the planning and zening GOMMissien PDS director.
12 (c) Developer to submit certificate. The developer's engineer shall include a statement with the
13 wastewater system plans that the wastewater system meets the requirements of this section and
14 complies with the rules and regulations established by the TCEQ.
15 (d) Design and construction criteria. All wastewater systems shall be designed and constructed in
16 accordance with the Design and Construction Standards and conform to the TCEQ design criteria in
17 the Texas Administrative Code, as amended. Privately maintained wastewater facilities located
18 between the publicly maintained portion of the wastewater system and up to the point five (5) feet
19 away from the building foundation shall follow all requirements of the Utilities Design and Construction
20 Standards and shall not violate the International Plumbing Code, with local amendments.
21
22 VII.
23 That Zoning and Development Code, Chapter 4, Article VII, Section 4-88(g), Code
24 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
25 Sec.4-88. -Subdivision and addition plats.
26 (g) For final plats that have been approved by the Planning and Zoning Commission(P&Z)prior to October
27 1, 2020, re-delineation of floodplain limits and MFFE on the approved final plat, due to adoption of
28 Atlas 14 rainfall data, shall not be required as long as the final plat does not expire prior to recordation
29 with the county. P4-Z aApproval of a preliminary plat shall not vest floodplain or MFFE delineation for
30 a subsequent final plat application.
31
32 VIII.
33 That Zoning and Development Code, Chapter 6, Article II, Section 6-11(f), Code
34 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
35 Sec. 6-11. -Streets.
36 (f) Culs-de-sac.
37 (1) Local streets may terminate in a cul-de-sac. Collectors and arterial streets may not terminate in
38 a cul-de-sac.
39 (2) Except as provided herein,the maximum length of a cul-de-sac street shall be 600 feet, measured
40 from the centerline of the nearest intersecting outlet street to the centerpoint of the turnaround;
6
1 except that a longer length may be allowed upon a recommendation by the fire department and
2 if the PDS director determines any of the following:
3 a. That no secondary access can be reasonably provided to the portion of the subdivision which
4 is to be served by the cul-de-sac;
5 b. That limited access to the subdivision is due to a topographical condition on the property or
6 a particular physical surrounding; or
7 c. That the cul-de-sac is temporary and the street is planned to extend to the adjacent property.
8
9 IX.
10 That Zoning and Development Code, Chapter 6, Article II, Section 6-12, Code of
11 Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
12 Sec. 6-12 -Connectivity.
13 (d) A subdivision may have a roadway connectivity index of less than 1.35, provide fewer connections to
14 public roads, or provide fewer stub streets than required by the above where specific features or
15 constraints of the land being subdivided make strict compliance impossible or impractical. Such
16 features include the following:
17 (1) Natural features such as bodies of water, severe elevation changes, karst features, or monarch
18 trees;
19 (2) Important cultural or archeological features such as historic landmarks or burial grounds;
20 (3) Incompatible land uses adjacent to the proposed subdivision;
21 (4) Adjacent subdivisions which do not provide stub streets or other opportunities to connect to the
22 proposed subdivision; and
23 (5) Situations where intersection and driveway separation requirements prevent the ability to provide
24 additional connections to a public road.
25 The applicant shall attach to the plat application an explanation of how the connectivity of the proposed
26 subdivision is hindered by the presence of any noted features. Under no circumstance shall the desire for
27 an increased lot yield or financial constrains serve as a justification for a reduced connectivity index. The
28 PDS director shall approve the application if it determines the
29 connectivity of the proposed subdivision cannot meet the requirements of this section due to the site
30 constraints. Alternately, the PlanRing and Zening Gemmission PDS director may deny the application if it
31 determines the proposed subdivision's connectivity can be reasonably improved in spite of the presence of
32 said features.
33 X.
34 That Zoning and Development Code, Chapter 6, Article II, Section 6-14(a), Code
35 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
36 follows:
7
I Sec. 6-14. -Intersections.
2 (a) Proposed intersections shall be designed to meet the minimum spacing requirements, curb radii, and
3 corner sight distances required in the Design and Construction Standards, and based on the following
4 design specifications:
5 (1) Streets shall intersect at right angles. In the event of physical constraints that prevent right angles,
6 a modification of up to 20 degrees may be permitted by the plaRR R
7 upon recommendation by the transportation director.
8 (2) The right-of-way line at street intersections shall be in accordance with the Design and
9 Construction Standards.
10 (3) The centerline of intersecting streets shall be a minimum of 200 feet from other street
11 intersections. This offset shall not apply to streets intersecting a street if a raised median is
12 provided and no median opening is aligned with either of the offset streets. Future median
13 openings are prohibited where two streets offset and intersect an arterial street at a distance of
14 less than 200 feet; provided, however, median openings may be allowed for one-way traffic
15 circulation subject to the approval of the transportation director.
16
17 XI.
18 That Zoning and Development Code, Chapter 8, Article III, Section 8-24(a), Code
19 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
20 follows:
21 Sec. 8-24. -Administration and enforcement.
22 This article will be administered and enforced by the forestry manager and the zoning administrator.
23 (a) Administration.
24 (1) The role of the forestry manager is to:
25 a. Provide technical advice to the zoning administrator regarding trees;
26 b. Provide technical advice regarding protected trees and tree replacement plans to the
27 PDS director through the plat review process;
28 c. Approve or disapprove of the removal of protected trees unrelated to the site plan or
29 subdivision processes; and
30 d. Review and recommend updates to this tree protection and preservation ordinance and
31 the Tree Technical Manual.
32 (2) The role of the zoning administrator is to approve or disapprove protected trees to be
33 preserved, removed, or replaced as part of the site plan and subdivision process.
34 (3) The rele ef the planning and zoning to approve or rfi�nnnrn.n n�ntprtp
35 to be pFesepved, remEwed, er replaG6d a6 part of the subdivision PfGGess-
8
1
2 XII.
3 That Zoning and Development Code, Chapter 8, Article III, Section 8-27(b), Code
4 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
5 follows:
6 Sec. 8-27. -Appeals.
7 (b) Denial of tree removal request through the subdivision process. If a protected tree removal request is
8 denied, the applicant may appeal such action to the city council by filing written notice of such appeal
9 with the city clerk within ten days of notice of the denial of the application by the planning and . -
10 seissiea PDS director. The city council shall have 30 days from the date of the appeal to review
11 said denial. The city council may affirm or reverse the determination of the plaRRiRg and
12 GOlssfen PDS director. If the city council fails to act within 30 days,the appeal shall be automatically
13 granted and a protected tree removal request approved.
14
15 XIII.
16 That Zoning and Development Code, Chapter 10, Article V, Section 10-25(c),
17 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
18 follows:
19 Sec. 10-25. - In general.
20 (c) Withdrawal of an application. A developer may withdraw an application for approval of a concept plan
21 or any plat prior to the review of the respective concept plan or plat by the PDS director eF plat by the
22 by notifying the PDS director in writing.
23 XIV.
24 That Zoning and Development Code, Chapter 10, Article V, Section 10-27, Code
25 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
26 follows:
27 Sec. 10-27. - Preliminary plat.
28 (a) Purpose and intent. The purpose of the preliminary plat is to present a detailed layout of the proposed
29 subdivision in order to facilitate a review by the planning and zoning commission of the proposed
30 subdivision's street and drainage system, easements, utilities, building lots, and other lots including
31 parkland.
32 (b) Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an
33 application for approval of a preliminary plat, unless waived by the PDS director.
9
1 (c) Required. The developer shall submit to the PDS director for
2 approval a preliminary plat of the subdivision. The preliminary plat shall conform to the concept plan,
3 where one was required. If the PDS director determines the preliminary plat does not conform to the
4 approved concept plan, a new concept plan shall be submitted and approved by the PDS Director prior
5 to review of the preliminary plat .
6 (d) Application requirements. The developer shall submit a preliminary plat application that contains all
7 the materials listed in the development packet.
8 (e) City staff review. After the city staff review and comment period, the developer shall submit to the
9 planning department the number of corrected copies of the preliminary plat as specified in the
10 development packet, along with one reproducible drawing with all required information and an
11 electronic plat in the format described in the development packet. A phase 11 environmental
12 assessment may be required if the phase I environmental assessment indicates that a potential
13 environmental hazard may exist.
14 (f) Revisions to approved preliminary plats.
15 (1) Minor revisions to approved preliminary plats. The PDS director may administratively approve
16 minor revisions to approved preliminary plats. The developer shall submit a preliminary plat
17 application that contains all the materials listed in the development packet. A minor revision is
18 one that:
19 a. Changes the lot size or configuration provided that the total number of lots does not increase;
20 b. Changes a local street width or alignment; or
21 c. Changes a utility or access easement.
22 (2) Major revisions to approved preliminary plats. The pIaRniRg and z i ;GrnFR6 ier�PDS director
23 may approve major revisions to approved preliminary plats. Proposed major revisions to an
24 approved preliminary plat shall trigger the submittal of a new concept plan in conjunction with the
25 major revision requested and trigger notice requirements provided for in Sec. 10-10(f), with the
26 exception that concept plans contained within a Planned Unit Development are not required to
27 be re-submitted. The developer shall submit a preliminary plat application that contains all the
28 materials listed in the development packet. A major revision may include, but is not limited to the
29 following:
30 a. An increase in the number of lots;
31 b. A change to the collector or arterial street layout; or
32 c. A modification of the parkland.
33
34 XV.
35 That Zoning and Development Code, Chapter 10, Article V, Section 10-28, Code
36 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as follows:
37 Sec. 10-28. - Final plat.
38 (a) Purpose and intent. The purpose of the final plat is to allow for a reviewA)Y-the planning and zening
39 GOMMOSSiGR of the proposed subdivision's street and drainage system, easements, utilities, building
40 lots, and other lots including parkland, and to establish an approved, legally recordable plat of the
41 proposed subdivision.
42 (b) Corresponding final plat. If a final plat does not include the entire parcel of land included in the
43 preliminary plat, the final plat must correspond to the phasing approved in the preliminary plat.
10
1 (c) Required. The developer shall submit to the PDS director for
2 approval a final plat of the subdivision in conformance with the approved preliminary plat.
3 (d) Application requirements. The developer shall submit a final plat application that contains all the
4 materials listed in the development packet.
5 (e) City staff review. After the city staff review and comment period, the developer shall submit to the
6 planning department the number of corrected copies of the final plat as specified in the development
7 packet, along with one reproducible drawing with all required information in a format specified in the
8 development packet. A phase II environmental assessment may be required if the phase 1
9 environmental assessment indicates that a potential environmental hazard may exist.
10
11 XVI.
12 That Zoning and Development Code, Chapter 10, Article V, Section 10-29(c),
13 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
14 fOIIOWS:
15 Sec. 10-29. - Minor subdivision final plat.
16 (c) When permitted. The developer shall submit a minor subdivision final plat to the PDS director for
17 approval without the submission of a concept plan or a preliminary plat.
18
19 commission for approval.
20
21 XVII.
22 That Zoning and Development Code, Chapter 10, Article V, Section 10-30, Code
23 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
24 follows:
2S Sec. 10-30. - Replat.
26 (a) Purpose and intent. The purpose of a replat is to resubdivide all or part of a recorded plat, without the
27 vacation of the preceding plat, and to allow for a review by the PDS
28 director.A replat is not required when the city or other governmental entity acquires part of a developed
29 property for right-of-way expansion.
30 (b) Pre-submittal meeting. The developer must attend a pre-submittal meeting prior to the filing of an
31 application for approval of a replat.
32 (c) When permitted. The developer shall submit to the PDS director for
33 approval of a replat in compliance with the Texas Local Government Code as amended.
34 (d) Application requirements. The developer shall submit a replat application that contains all the materials
35 listed in the development packet.
36 (e) Notice requirement for replats. If a replat of residential property, as described by V.T.C.A Local
37 Government Code § 212.015(a), requires a variance or exception, a public hearing must be held.
38 Notice of a replat public hearing shall be given in accordance with Sec. 10-2. If a proposed replat
39 described by V.T.C.A Local Government Code§212.015(a)does not require a variance or exception,
11
1 not later than the fifteenth day after the date the replat is approved, written notice shall be provided by
2 mail of the approval of the replat to each owner of a lot in the original subdivision that is within 300 feet
3 of the lots to be replatted according to the most recent municipality or tax roll. The notice must include
4 the zoning designation of the property and a telephone number and e-mail address an owner of a lot
5 may use to contact the city about the replat. This requirement does not apply to a proposed replat if
6 the City holds a public hearing and gives notice of the hearing pursuant to V.T.C.A Local Government
7 Code § 212.015(b).
8 (f) Constructive notice. Minor defects in notice or if an on-site public hearing notification sign is damaged
9 or removed shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide
10 attempt has been made to comply with applicable notice requirements. Defects in notice provisions
11 which exceed the requirements of V.T.C.A., Local Government Code ch. 211, shall not invalidate any
12 action or proceedings pursuant thereto.
13 (g) City staff review. After the city staff review and comment period, the developer shall submit to the
14 planning department the number of corrected copies specified in the development packet, along with
15 one reproducible drawing with all required information in a format specified in the development packet.
16
17 XVIII.
18 That Zoning and Development Code, Chapter 10, Article V, Section 10-31(c),
19 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
20 follows:
21 Sec. 10-31. -Amending plat.
22 (c) When permitted. The developer shall submit to the PDS director for approval an amending plat
23 application in lieu of a preliminary and final plat when the proposed amending plat is filed for one or
24 more of the purposes listed in V.T.C.A., Local Government Code§212.016.4f the IRDS direrter denies
25
26 for approval.
27 XIX.
28 That Zoning and Development Code, Chapter 10, Article V, Section 10-32, Code
29 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
30 follows:
31 Sec. 10-32. - Plat vacation.
32 (a) Purpose and intent. The purpose of a plat vacation is to nullify all or part of a previously recorded plat.
33 (b) When permitted. The developer shall submit to the issiAGR PDS director for
34 approval a plat vacation as permitted under and in compliance with V.T.C.A., Local Government Code
35 § 212.013:
36 (1) No lots sold. The owner of the land covered by a plat may vacate the plat at any time before any
37 lot in the plat is sold. After approval , the plat is vacated
38 when a signed, acknowledged instrument declaring the plat vacated is recorded in the manner
39 prescribed for the original plat.
12
1 (2) Lots sold. If one or more lots in the plat have been sold, the plat, or any part of the plat, may be
2 vacated on the application of all the owners of lots in the plat with approval obtained in the manner
3 prescribed for the original plat. After approval the plat is
4 vacated when all owners record a signed, acknowledged instrument declaring the plat vacated.
5 (c) Application requirements. The developer shall submit a plat vacation application that contains all the
6 materials listed in the development packet.
7
8 XX.
9 That Zoning and Development Code, Chapter 10, Article V, Section 10-34, Code
10 of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
11 follows:
12 Sec. 10-34. -Approval procedure.
13 (a) Distribution and review. The PDS director shall distribute a copy of each application to the reviewing
14 agencies and the reviewing agencies shall review the application in accordance with the Texas Local
15 Government Code and this code.
16
17
18 (b) Director approval of easement vacations. After a review by the reviewing agencies, the PDS director
19 may approve easement vacations. Upon a determination by the PDS director that all of the public
20 utilities authorized to use the easement proposed for vacation approve of the vacation request, the
21 PDS director shall then approve the respective easement vacation.
22
23
24 30 day6 after the filing of a GOMpleted appliGat'GR.The 30 days from filing may be exteRded for a peri
25
26 and ZGRiRg GGMMiS600R.
27 (dc) Director approval of amendment to plats and minoFplats. The PDS director shall review amend., is
28 to plats and miner platsplat applications and shall either approve, approve with minor conditions, or
29 disapprove them within 30 days after filing a completed application. The 30 days may be extended for
30 a period not to exceed an additional 30 days upon written request by the applicant and approval by
31 the PDS director. The PDS director may, for any reason, elect to present the plat for approval to the
32 planning and zoning commission.
33 (d) Right to appeal. If the PDS director disapproves a plat, the applicant has the right to appeal to the City
34 Council or the planning and zoning commission.
35 (e) Notification of action taken for plats. Within ten working days after action taken by the PDS director or
36 the planning and zoning commission pursuant to subsection (c)
37 (d), the PDS director shall issue to the developer a certificate as required by V.T.C.A.,
38 Local Government Code § 212.0115, stating that the plat has been reviewed and approved.
39
13
1 XX I.
2 That Zoning and Development Code, Chapter 10, Article IX, Section 10-68(b),
3 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
4 follows:
5 Sec. 10-68.- Planning and zoning commission (PZ).
6 (b) Powers and duties. The P&Z shall have the following powers and duties pursuant to the provisions of
7 applicable statutory requirements for a P&Z:
8 (1) General plan. The P&Z shall prepare and modify the general plan for the city, for approval and
9 adoption by the city council.
10 (2) Text amendments.The P&Z shall review and make recommendations to the city council in regard
11 to amendments to the text of this code.
12 (3) Application for original zoning. The P&Z shall review and make recommendations to the city
13 council in regard to applications for original zoning.
14 (4) Zoning map amendments. The P&Z shall review and make recommendations to the city council
15 in regard to amendments to the official zoning map.
16 (5) Planned unit development (PUD). The P&Z shall review and make recommendations to the city
17 council in regard to applications for planned unit developments.
18 (6) Historic (H) overlay designation. The P&Z shall review and make recommendations to the city
19 council in regard to applications for designation of Historic(H)overlay districts.
20 (7)—Subctivision andflat review.The P&Z shall 6tudy plans and plats of proposed 6ubdivisie
21 determine whether F-;,--r-,h F-;---bdiVi6iGR6 Meet all tho F;t;;AdaFds and Fequirements as required by
22
23
24 (87) Other duties as assigned by Gity GGI The P&Z shall perform such other functions as may
25 be duly delegated to them from time to time by the city council or the PDS director or as required
26 by y law.
27
28 XXII.
29 That Zoning and Development Code, Chapter 10, Article IX, Section 10-70(a),
30 Code of Ordinances (2018 Edition), City of Round Rock, Texas, is hereby amended as
31 follows:
32 CHAPTER 10. ZONING AND DEVELOPMENT REVIEW PROCEDURES AND BODIES
33
34 Sec. 10-70.—Summary of review authority.
35
36 (a) The following table summarizes the city procedural review structure by review body:
37
38
14
Procedure Zoning Historic Zoning Board Planning and City Council
Administrator Preservation of Zoning
Committee Adjustment Commission
Platting
Concept plan
Decision
Preliminary plat ieviewDecision t3esisiea
Final plat ReviewDecision Besisiee
Replat ReviewDecision' Besisior*
Amending and Decision
minor plats
1
2 XXIII.
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,
s 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 which
10 this Ordinance and the subject matter hereof were discussed, considered and formally
11 acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government
12 Code, as amended.
13 Alternative one.
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.
15
1 READ, PASSED, and ADOPTED on first reading this day of
2 2024.
3 Alternative 2.
4 READ and APPROVED on first reading this the day of
5 , 2024.
6 READ, APPROVED and ADOPTED on second reading this the day of
7 12024.
s
9
10 CRAIG MORGAN, Mayor
11 City of Round Rock, Texas
12
13 ATTEST:
14
15
16 MEAGAN SPINKS, City Clerk
16