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S-06-07-13-13D7 - 7/13/2006ORDINANCE NO. 3 - D(D - Q t -13 - 31)1 AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.111, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, TO AMEND THE PERMIT ISSUANCE REQUIREMENTS; 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, Section 8.111(1), Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to read as follows: 8.111 PERMIT ISSUANCE (1) Building permits Except as provided below, no building permits, certificates of occupancy, or other permits of any kind shall be issued by the City for the construction or development of any parcel of land until a Plat has been recorded in accordance with this Chapter and the requirements of Chapter 3 (Building Regulations) of this Code have been satisfied. (a) A Plat is not required for the construction of a Wireless Transmission Facility on a parcel of land. (b) A Plat is not required for the construction of a building or structure on property zoned AG, provided that no on-site or off-site Public Improvements are needed to serve the parcel of land. III. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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. @PFDesktop\::ODMA/WORLDOX/O:/wdOx/ORDINANC/060713D7.WPD/vr 1 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 APPROVEDAon first reading this the %3 day of , 2006. READ, APPROVED and ADOPTED on second reading this the day of , 2006. ATTEST: Mayor PRO -rem ALAN mC ggAi.J City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre 2 DATE: July 6, 2006 SUBJECT: City Council Meeting - July 13, 2006 ITEM: 13.D.7. Consider an ordinance amending platting requirements for tracts of land on which wireless transmission facilities are constructed and for parcels of land zoned Agricultural (AG). (First Reading) Department: Planning and Community Development Department Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The City's current subdivision regulations require any parcel of land within the city limits to be legally platted in order for an applicant to obtain building permits, certificates of occupancy or any other city issued permit. Staff proposes to remove this requirement for parcels accommodating Wireless Transmission Facilities and for parcels zoned Agricultural (AG) district that do not require public improvements since the platting requirements for either scenario is an extra expense for the applicant that provides no public benefit. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: Currently, Section 8.111 of the Subdivision Ordinance requires an applicant to plat in accordance with Chapter 8 prior to receiving a building permit, certificate of occupancy, or any other city issued permit necessary for construction or development. This ordinance has proved expensive and onerous for applicants seeking permits for Wireless Transmission Facilities (WTF), which are typically erected on leased portions of larger parcels and require no public improvements. Since the provision of adequate public improvements is the key reason behind the City's platting policies, staff feels that requiring WTFs to be located on platted parcels is unnecessary. The same logic holds true for properties zoned Agricultural (AG) district, which do not require public improvements. Under this scenario, applicants are usually requesting permits for minor building alterations or additions. It makes sense to delay platting until the future intensity of the parcel becomes known and the need for public improvements can be assessed. The proposed ordinance provides a sign -off procedure, which will guarantee each city department, is involved in the planning of Public Improvements prior to releasing the requirement to plat. Public Comment: None required