HomeMy WebLinkAboutORD 2007-29 - UDC AmendmentsOrdinance No. 2007-29
An Ordinance of the City Council of the City of Georgetown, Texas, amending the Unified
Development Code, Passed and Adopted on the 11th Day of March 2003, as follows: Section
1.15 "Traffic Calming Policy"; Table 2.01.020 "Summary of Review Authority"; Section 2.07
"Parks and Recreation Board"; Section 3.03.010 (D)(2) "Provision of Public Notice"; Section
3.08.050.I. "Waivers"; Section 3.09.010 "Applicability"; Section 3.13.020 "Review Process";
Section 3.13.080 "Appeals"; Section 4.06.020.E "Parking"; Section 4.08 "Gateway Overlay
District"; Table 5.01.020 "Permitted Uses by Zoning District"; "Section 6.01.040 "Minimum
Requirements"; Table 6.02.030 "Housing Type Dimensional Standards"; Section
6.02.040(B)(3)(b) "Features Allowed within Required Yards"; Section 6.03.020 "Non -
Residential Dimensional Standards"; Section 6.04.010.C. "Double Frontage"; Section
6.04.020.B.1. "Length"; Section 8.01.030 "Applicability"; Section 8.07.020 "Applicability";
Section 10.04 "Signs Prohibited Under this Code"; Section 10.06 "Sign Dimensional
Standards"; Section 11.01.030 "Applicability"; Section 11.02.010.A "Applicability"; Section
11.02.020.A.1 "Low Impact Site Design"; Table 12.03.020 "Design Standards"; Section
12.03.020.13.6 "Vertical Curves"; Section 12.03.050 "Street Layout"; Section 12.03.050.D.3
"Radius at Corners"; Section 12.04.030 "Design Requirements and Standards"; Section 13.04
"Residential Rural Subdivisions"; Section 13.05 "Open Space"; Section 13.08 "Subdivision
Improvement Guarantees"; and Chapter 16 "Reference"; Repealing conflicting Ordinance 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 a Resolution on August 24, 2004 establishing an
annual amendment process to the Unified Development Code; and
WHEREAS, the amendment process established has been followed as described; and
WHEREAS, the Planning and Zoning Commission reviewed the list of proposed
amendments at their regular meeting of October 3, 2006 and recommended that the list be
forwarded to the City Council for review; and
WHEREAS, the City Council reviewed the list of proposed amendments at their
regular meeting of October 24, 2006 and directed to staff to begin preparation of the draft
language; and
WHEREAS, public workshops were conducted on March 8 and 22, 2007; and
WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the
draft amendments at their regular meeting of April 3, 2007 and recommended approval of the
amendments to the City Council; and
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UDC Amendments 06-07
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NOW • ORDAINED BY THE CITY COUNCILOF THE CITY OF
GEORGETOWN,
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. Chapter 1 "General Provisions" is hereby amended by adding a new
Section as follows:
Section 1.15 Traffic Calming Standards
The Traffic Calming Standards prepared by the City of Georgetown Utility Services Division is
hereby adopted by reference as if set forth in full. The Traffic Calming Standards shall
establish traffic calming requirements for new development applications both within the
proposed development and any affected existing development within the City and ETJ. The
Traffic Calming Standards may be amended from time to time by the Director of the
Georgetown Utility Services Division, following Public Notice and a 30 -day public comment
period.
SECTION 3. Table 2.01.020 "Summary of Review Authority" is hereby amended by
adding the "Urban Forester" as a Review Authority; add "Heritage Tree Removal / Pruning
Permit" as a Procedure; identify the Urban Forester as the "DM" (Decision Maker) with the
City Council as the "A" (Appeal Authority).
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SECTION 4. Chapter 2 "Review Authority" is hereby amended by adding a new
Section "2.07.010" as follows:
2.07.010 Powers and Duties
The Parks and Recreation Board has the following powers and duties:
A. Review and Recommendation
The Parks and Recreation Board shall review and make recommendations to the City
Council. The Board shall make recommendation on the amount and location of parkland,
credit for land in the 100 -year flood plain, and J or payment of fees -in -lieu of parkland
dedication, subject to the terms and conditions set forth in Section 13.05 ("Open Space") of
this Code.
1. The Parks and Recreation Board shall provide review and recommendation for projects
requiring more than 3 acres of dedication or payment of fees -in -lieu of parkland
dedication.
2. The Parks and Recreation Director shall provide review and recommendation for
projects requiring less than 3 acres of dedication or payment of fees -in -lieu of parkland
dedication. The Director may defer these projects to the Parks and Recreation Board
for review and recommendation for any reason.
SECTION 5. Section 3.03.010(D)(2) "Posted Notice" of Section 3.03.010 "Provision of
Public Notice" is hereby amended as follows:
2. Notice of application for a Certificate of Design Compliance shall be posted at the
project site such that it is visible from the public right-of-way, including contact
information and meeting date. For Certificates of Design Compliance processed
administratively, the notice shall provide contact information and the expected date of
decision.
SECTION 6. Section 3.08.050(I)(1) "Waivers" of Section 3.08.050 "Preliminary Plat
Review" is hereby amended as follows:
1. A waiver of the standards in Chapters 6 through 10 may be requested during
consideration of a Preliminary Plat. Justification for such waivers shall be submitted
with the plat application and the need for the waiver demonstrated to the Council's
satisfaction. The waiver may be approved, approved with conditions, or disapproved
after consideration of the following factors:
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a. That the granting of the waiver will not be detrimental to the public health, safety, or
welfare, or injurious to other property in the area, or to the City in administering this
code;
b. That the conditions that create the need for the waiver do not generally apply to
other property in the vicinity;
C. That application of a provision of this Code will render subdivision of land
impossible, or
d. That the granting of the waiver would not substantially conflict with the
Comprehensive Plan and the purposes of this code.
SECTION 7. Section 3.09.010 "Applicability" of Section 3.09 "Site Plan Review' is
hereby amended as follows:
Prior to any land disturbance for the purpose of development within the City limits, and
applicable sites subject to Section 14.04.010(E), an applicant must prepare a Site Plan and
obtain approval under this Section. Detached single-family and two-family development on
individual, platted lots are exempt from this requirement. No other land disturbance or
development shall be lawful or permitted to proceed without final Site Plan approval. All
improvements reflected on approved Site Plans must be constructed at the time of
development. All terms and conditions of Site Plan approval must be met at the time of
development. Where site plan approval is required, no Building Permit approval shall be
issued for any development of land until such property has received final site plan approval
and is in conformity with the provision of this Code. The provisions of this Section relating to
Site Plans are adopted in accordance with the Texas Local Government Code Chapter 211 and
the City Charter,
SECTION 8. Section 3.13.020(E)"Review Process" of Section 3.13 "Certificate of Design
Compliance" is hereby amended as follows:
Once a Certificate of Design Compliance has been initiated and the application deemed
complete, the Director shall review the application for consistency with any applicable criteria
for approval.
1. Administrative Determination
The following applications will be reviewed administratively:
a. Landscaping;
b. Residential fences;
c. Exterior Paint Colors — Residential properties;
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d. Demolition of non -historic accessory structure;
2. A Certificate of Design Compliance for exterior signage shall be reviewed by a
standing Subcommittee appointed by the Historic and Architectural Review
Commission for this purpose. This Subcomrnittee may approve the Certificate if it
determines that the application is consisent with the design guidelines. This doesn`t
preclude the submission of any Certificate of Design Compliance application to the full
commission for review if the Subcommittee believes that such a review is warranted.
3. General Criteria
a. The Director may establish procedures for administrative review necessary to
ensure compliance with this Code and state statutes.
b. The Director may assign staff or consultant to review the application and make a
preliminary report to the Director.
C, The Director's report may include a recommendation for final action.
SECTION 9. Section 3.13.080 "Appeals" is hereby amended as follows:
A person aggrieved by a final action of the Historic and Architectural Review Commission on
a Certificate of Design Compliance may appeal to the City Council, pursuant to the procedures
set forth below. Such appeal shall be submitted to the Director within 30 days of the final
action.
Appeals from an administratively issued Certificate of Design Compliance will be processed
through the Historic and Architectural Review Commission subject to the procedures
established for new applications. Such appeal shall be submitted to the Director within 15
days of the administrative action.
SECTION 10. Section 4.06.020 (F) "Development Regulations" of Section 4.06
"Downtown Overlay District Standards" is hereby amended as follows:
There shall be no off-street parking requirement in Area 1 of the Downtown Overlay District.
In Area 2 of the Downtown Overlay District, the parking standards of Table 8.09.030 A shall
apply. Alternative parking plans, as described in Section 9.02.0530 of this Unified
Development Code may be used.
SECTION 11. Section 4.08.010 "Established" of Section 4.08 "Gateway Overlay
District" is hereby amended as follows:
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The following roadway segments within the corporate city Iimits shall be considered gateways
to the City of Georgetown, and property along both sides fronting on these roadways shall be
subject to the special gateway landscaping provisions in Section 8.067 at the time of
development.
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A. I.H. 35 Frontage (North and South);
B. Highway 81 (Austin Avenue) excluding the Downtown Overlay District,
C. Highway 195;
D. Highway 29 (University Avenue) excluding the Downtown Overlay District;
E. F.M. 2243 (Leander Road);
F. F.M. 2338 (Williams Drive);
G. F.M. 971; and
H. State Highway 130,
SECTION 12. Section 4.08.020 "Gateway Overlay District Map" of Section 4.08
"Gateway Overlay District" is hereby deleted.
SECTION 13. Section 5.01.020 "Permitted Uses by Zoning District" is hereby amended
by deletion of the "Notes" reference to Section 5.02.190 for "Vehicle Service, Minor and adding
"Vehicle Sales, Rental or Leasing Facility" as a Permitted Use under the "IN" , Industrial
Zoning District.
SECTION 14. Section 6.01.040 (B) "Minimum Requirements" is hereby amended by
deleting (2) and amending (3) as follows:
B. Every building erected or moved and every plat submitted after the effective date of this
Unified Development Code must be on a lot or parcel with direct access on one of the
following:
1. A public street;
2. A public street via a public alley.
SECTION 15. Table 6.02.030 "Housing Type Dimensional Standards" of Section
6.02.030 "Residential Development Standards" by adding the following note to the bottom of
the Table "'For properties in the extra -territorial jurisdiction of the City see Section 11.02 for
Impervious Cover Limitations."
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SECTION 37. Section 13.05.010(B) "Formula for Calculating Area of Parkland" of
Section 13.05.010 "Requirements for Parkland Dedication" is hereby amended as follows:
The acreage to be contributed prior to final approval by the Council of any residential
subdivision shall be pro -rated in an amount equal to one acre for each 50 new dwelling
units projected to occupy any developing parcel. A parcel in which dwelling units were
built after February 14, 1988 on an illegal lot shall also pay a fee -in -lieu for the existing
units.
SECTION 38. Section 13.05.010(D) "Fee Payment In -lieu of Parkland Dedication" of
Section 13.05.010 "Requirements for Parkland Dedication" is hereby amended as follows:
When the amount of land required by this Section is less than three acres the Council may
require the subdivider to pay a fee -in -lieu of Parkland dedication. Subdivisions in which
dwelling units were built after February 14, 1988 on an illegal lot shall also pay a fee -in -lieu
for the existing units. The developer shall tender and pay over to the City said fee prior to
recordation of the record Final Plat. The applicable fees shall be those established in
Section 15.04.045 "Development Process Fees" of the Code of Ordinances and provided in
the UDC Development Manual.
SECTION 39. Section 13.05.020(I) "Design Standards for Parkland" is hereby amended
as follows:
The Parks and Recreation Board, or Director, shall make recommendations based upon the
Parkland design standards and the provisions contained herein, to the Planning and
Zoning Commission and City Council concerning the amount and location of Parkland,
credit for land in the 100 -year flood plain, and / or fees -in -lieu of Parkland dedication.
SECTION 40, Section 13.08.010(E) "General" of Section 13.08 "Subdivision
Improvement Guarantees" is hereby amended as follows:
The subdivider shall require any construction contractors, with whom the subdivider
contracts for furnishing materials and for installation of the improvements required under
this Chapter, and shall himself be required to furnish to the city a written guarantee that all
workmanship and materials shall be free of defects for a period of one year from the date
of acceptance by the Development Engineer. A 1 year maintenance bond in the amount of
25% of the construction cost of all workmanship and materials shall be submitted to the
City. This bond shall follow the formats as shown in the UDC Development Manual.
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SECTION 41. Chapter 16 "Reference" is hereby amended with the addition of a
definition for "Patio" and an amendment to the definition of "Primary Entrance and Building
Facade" as follows:
Patio. A level surfaced area directly adjacent to a principal building no more than three feet
above finished grade and not above the first floor level, without a permanent roof intended for
outdoor entertainment. A free-standing patio (not adjacent to the principal structure) is a level
surface that may be no more than one foot above the finished grade, without a permanent roof,
intended for outdoor entertainment.
Primary Entrance and Building Fagade. The face of a building that serves as a primary
entrance intended for use by customers of a business within the building. This building face
shall not include service areas, trash collection, loading dock, or other similar functions. The
primary face of a building shall receive the highest level of architectural treatment on the
building. Pursuant to this definition a building may have no more than two primary fagades.
SECTION 42. 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 43. 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.
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SECTION 44. This Ordinance shall become effective immediately upon -its final adoption.
PASSED AND APPROVED on First Reading on the 24th day of April 2007.
PASSED AND APPROVED on Second Reading on theXth day of May 2007,
ATTEST:
Sandra D. Lee
City Secretary
Approved as to Form:
fi
Patricia E. Carls, Brown & Carls, LLP
City Attorney
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THE CITY OF GEORGETOWN