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S-05-02-10-11C8 - 2/10/2005ORDINANCE NO. V - 05- W- J©- J) a 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: I. 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: @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050210C8.WPD/vr 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; (t) (g) 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; 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; (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 (m) 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; 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; (b) (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; 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; (g) (h) (i) A Letter of Intent for Parkland Dedication form, provided in the Development Packet, if not submitted with the Concept Plan; 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: (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; (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; 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; (e) A deed for drainage, right-of-way and/or detention lots to be dedicated to the City or a homeowners association as applicable; (f) Current original tax certificates; (g) Williamson County affidavit certifying tax certificates in the form designated in the Development Packet, where applicable; (h) 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; (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 REQUIREMENTS (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 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 day of i ST:, • , 2005. reading this the ILJ NYL LL, Ma or City f Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 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 8.205.6 • 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.