G-13-03-14-H1 - 3/14/2013ORDINANCE NO. 0745'03'1-' R�L
AN ORDINANCE AMENDING CHAPTER 46, SECTION 46-92, CODE OF
ORDINANCES (2010 EDITION), CITY OF ROUND ROCK, TEXAS,
REGARDING ON-SITE PUBLIC HEARING NOTIFICATION SIGNS; 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:
That Chapter 46, Section 46-92(e)(3), Code of Ordinances (2010 Edition), City of
Round Rock, Texas, is hereby amended to read as follows:
Sec. 46-92. Review procedures.
(e) Public notice requirements. The purpose of this section is to establish the minimum requirements
for notice where required in this chapter. Unless otherwise specified, when notice is required in
this chapter pursuant to section 46-97, the notice required is as set forth in subsections (e)(1) and
(2) of this section.
(3) On-site public hearing notification sign.
a. Property Owner Initiated Proceedings For all proceedings initiated by or on
behalf of the property owner, Gone on-site public hearing notification sign shall
be placed by city staff on each property requiring a public hearing not less than
ten days prior to the planning and zoning commission public hearing date and not
less than 15 days prior to the city council public hearing date. The sign shall be
placed perpendicular to and no further than 15 feet from the roadway, or as
deemed suitable by staff.
b. City Initiated Proceedings. For proceedings initiated by the City, it may not be
possible or practical to place a sign on the private property subject to the
proposed proceedings. In addition, in some situations city initiated proceedings
may involve multiple tracts of land that make it impractical to place a sign on
every tract. Therefore, in city initiated proceedings the Zoning Administrator shall
determine in his sole discretion the most effective and practical manner in which
to provide reasonable on-site notification of public hearings.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
0A\ dox\SCCInts\0112\1304MUNICIPAU00269618.DOC
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.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all the
Council members present, the requirement for reading this ordinance on two separate
days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 14A� day of
MA" , 2013.
Alternative 2.
READ and APPROVED on first reading this the day of
2013.
READ, APPROVED and ADOPTED on second reading this the day of
12013.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST: &of
SARA L. WHITE, City Clerk
2
City of Round Rock
%kotmo RocK. TEXAS
Agenda Item Summary
Agenda Number: H1.
Title: Consider public testimony regarding and an ordinance amending Chapter
46, Code of Ordinances (2010 Edition), regarding requirements for on-site
public hearing notification signs. (First Reading*)
Type: Ordinance
Governing Body: City Council
Agenda Date: 3/14/2013
Dept Director: Brad Wiseman, Planning & Development Services Director
Cost:
Indexes:
Attachments: Ordinance
Text of Legislative File 13-055
Attached is
a proposed
amendment to the Code
of Ordinances that would update the requirements
for posting
on-site public
hearing notification signs.
Sign posting requirements were created in April
2012, as an
extra step
the City would take to
notify citizens of public hearings regarding specific
properties.
These requirements are in addition to
notices posted at City Hall, those published in the
newspaper,
and mailings
sent to the property owner and to others who own property within 300 feet
of the subject property.
Presently, the Code treats all zoning -related procedures (original zoning, rezoning, variance, special
exception, and Historic Overlay designation) the same with regards to the posting of signs: one sign
per property in a suitable location as deemed by the Staff member placing it. The proposed
amendment will create requirements that differ between zoning procedures that have been initiated
by the property owner versus ones that have been initiated by the City.
Requirements for procedures that have been initiated by the property owner (or property owner's
agent) will remain the same. The City may legally place signs on private property in these cases
because the owner has consented to it. However, private property owners may not consent to
certain City -initiated procedures, making it illegal for the City to place signs on those properties.
Additionally, some City -initiated procedures cover many properties and very large amounts of land,
making it unsuitable or excessive for signs to be placed on every affected property. In these cases,
the Zoning Administrator will determine how and where to post notification signs.
Sign -posting requirements for applicant -initiated General Plan Future Land Use Map amendments,
replats, and concept plans will also not be changed.
The Planning and Zoning Commission voted unanimously to recommend the amendment for
approval. There were no public speakers. Staff recommends approval.
City o/Round Rock Page 1 Printed on 311412013