HomeMy WebLinkAboutORD 2007-95 - Permitting ColumbariaAn Ordinance of the City Council of the City of Georgetown, Texas, amending
Table 5.01.020 ("Permitted Uses by District"); Section 5.02.090 ("Places of
Worship"); and Section 16.03.040 ("Places of Worship") of the Unified
Development Code by identifying Columbaria as a permitted accessory use to a
Place of Worship subject to specific limitations; Repealing Conflicting Ordinances
and Resolutions; Including a Severability Clause; and Establishing an Effective
Date.
WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11,
2003; and
WHEREAS, the City Council adopted Resolution No. 082404 -BB on August 24, 2004 which
outlines an annual amendment process for the UDC, but which allows the City Council to declare
certain amendments to be of an "emergency" nature deserving to be processed sooner than the
annual UDC amendments; and
WHEREAS. at their meeting of October 2, 2007; the City Council authorized this amendment
to the UDC to be taken up as a priority amendment and directed that it be completed before the
annual UDC amendments; and
WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing
on November 7, 2007 to consider a recommendation to the Citv Council on this UDC amendment;
and
WHEREAS,
the Planning and Zoning Commission at their meeting
of November 7, 2007 made
a report to the City
Council recommending approval of the
proposed UDC
amendment; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the Century Plan as follows:
Policy 1.0: The community enjoys the benefits of well-planned Land use in which
conflicting needs are balanced.
Goal: Develop policies which enhance the quality of life for the community while
preserving the unique character and natural resources.
Strategy: Implement the Unified Development Code (UDC) to ensure consistency of the
City's development ordinances to preserve the character of the community.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan,
SECTION 2. Table 5.01.020 "Permitted Uses by Zoning District" is hereby amended to add
"Columbaria" as a Limited Use to Places of Worship subject to the standards contained in Section
5.02.090 as follows:
Key: P = Permitted by Right
Required
of Use
All uses
Places of
Worship f
With
Columbaria
District
RESIDENTIAL
L = Limited Use
-- = Not Permitted
NON-RESIDENTIAL
S = Special Use Permit
te.,ories and Specific Uses are rovided in Section 16.03 and 16.04)
P L L L L�L�L--�PjPPP P�P i ( j5.02.090
LILjLILILILLI=ILiLiLIL{LILT I jLj5.02.090
SECTION 3. Amend Section 5.02.090 "Places of Worship" as follows:
3.02.090 Places of Worship
A place of worship is permitted in accordance with the Use Table in 5.01.030. Places of worship
located within the RE, RL, RS, TF and MF Residential Districts are subject to the applicable standards
contained in Table 6.02.030 "Housing Type Dimensional Standards" with the following exceptions:
A. Building Setbacks:
1. Front: 25 feet
2. Side: 10 feet
3. Rear: 10 feet
4. Every place of worship shall be set back at least 25 feet from the boundaries of other
residential uses provided, however, that any wall which is unbroken by doors,
windows, or other openings shall be set back at least 15 feet from such boundaries.
B. Impervious Coverage: 50%.
Impervious Coverage can be increased to 65% provided that the development meets the
waiver criteria in Section 11.02.020,
C. Perimeter Buffer: A Type "B" buffer yard shall be provided along any side or rear property
line(s) abutting a residential use. See Section 8.04.020(C) for specific requirements.
D. A place of worship in or adjacent to any Residential District shall have its principal vehicular
entrance and exit on a major collector street or on another thoroughfare within 150 feet of its
intersection with a major collector street.
B. Places of worship shall meet development standards and supplementary use standards for
any accessory uses.
F. Columbaria, consistent with the definition of the Texas Health and Safety Code
711.008(b)(2), associated with Places of Worship shall be a permitted accessory use,
subordinate to, and incidental to, the primary use of the site. Columbaria proposed as part
of a Place of Worship shall be subject to the standards below. The Director shall have the
authority to approve alternative designs that provide for protection of surrounding
properties, while improving the overall aesthetics of the project than would be possible
adhering to the strict application of these standards.
1. Columbaria located within a separate structure that provides adequate screening from
adjacent properties, shall be subject to the development standards of the base zoning
district.
2. Columbaria located outside of a separate structure shall be subject to the following
standards:
a. Columbaria shall not be located within the front setback, nor shall it be located in
front of the primary building associated with the place of warship.
b. The Columbaria shall be set back a minimum of 25 feet from property lines.
c. The height of 'the Columbaria shall not exceed eight feet.
d. Landscaping shall be provided at a ratio of two square feet of landscaping for
each square foot of Columbaria area. Said landscaping shall be incorporated into
the overall design and placement of the Columbaria.
3. The establishment of columbaria shall be subject to site plan review pursuant to Section
3.09 of the Code.
4. The name, address, and telephone number of the individual, owner, board of trustees, or
designated caretaker responsible for the maintenance of the columbaria shall be kept on
record in the office of the religious assembly use.
5. Upon discontinuance of the Place of Worship, the columbaria shall be relocated in
compliance with all applicable State laws.
6. All other applicable Code sections shall apply.
SECTION 4. Section 16.03.040 (I) "Places of Worship" is hereby amended by adding
"Columbaria" as an accessory use as follows:
Characteristics: Places of assembly that provide meeting areas for religious practice.
Examples
Accessory Uses
Uses not Included
Churches
Associated offices
Athletic or health clubs (See Retail Sales
Mosques
Food services and dining areas
and Service)
Synagogues
Meeting room/classroom for meetings
1 Educational Facilities (See Educational
Temples
or classes not held on a daily basis
Facilities)
Off-street parking*
Preschools, child care centers, nursery
On-site day care, schools or facilities
schools, latch -key programs,
where children are cared for while
Intermediate childcare, or adult day -
parents or guardians are occupied on
care programs (See Day Care)
the premises or a site -sponsored
Senior centers, community centers or
special event, but not on a daily basis
( social service facilities (See Community
Staff residences located onsite
Service)
Stealth cell antennae*
Soup kitchen (See Institutions)
Columbaria*
Treatment centers, transient lodging or
shelters for the homeless(See
Institutions)
*T'hese uses may be subject to additional regulations.
SECTION 4. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
SECTION 5. If any provision of this Ordinance or the UDC, or application thereof, to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application
thereof, of this ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are hereby declared to be severable.
SECTION b. This Ordinance shall become effective in accordance with the provisions of the City
Charter.
PASSED AND APPROVED on First Reading on November 27, 2007.
PASSED AND APPROVED on Second Reading on December 11, 2007.
ATTEST:
A t
Sandra D. Lee
City Secretary
Approved as to Form:
y F r
cJ
Patricia E. Carls,
�yLTY2S- LLl
City Attorney
THE CITY OF GEORGETOWN