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HomeMy WebLinkAboutORD 2008-14 - UDC Housing DiversityAnAn 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 5.03.030 "Accessory Residential Units"; Section 6.02.010 "General"; Section 7.03.010.B "'Exemptions"; Section 7.03.040.B.1 "Accessory Buildings or Structures for Living Quarters"; Section 8.08.030.A.1 "Type A Bufferyard Required"; Section 9.03.010 "Location, Setbacks and Buffering of Required Parking"; Section 11.02.010.A.1 ""Within the City"; Table 12.03.020 "'Design Standards"; and Section 16.04 "Definition of Uses"; and to create new Section 6.05 "Residential Housing Diversity Development Standards" and Section 12.02.010.0 "Alternative Mobility Plan"; 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 that outlines an annual amendment process for the UDC; and WHEREAS, at their meeting of April 24, 2007; the City Council authorized this amendment to the UDC to be further analyzed and taken up as a priority amendment and directed that it be completed before the annual UDC amendments; and WHEREAS, on January 3, 2008, the Planning and Zoning Commission conducted a duly noticed Public Hearing to consider a recommendation to the City Council on this UDC amendment; and WHEREAS, the Planning and Zoning Commission at its meeting of January 3, 2008 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, 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: Ordinance No. Housing Diversity.3.11.08 Page 1 of 10 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. Strate_g--y: 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. The Unified Development Code is hereby amended as follows to create a definition and development standards for Housing Diversity developments: An accessory residential unit may be permitted in any Residential District in accordance with the Special Use Permit process in Section 3.07; except that an accessory residential unit may be permitted by right as part of a Housing Diversity Development. The unit may include a full kitchen. The Special Use Permit shall include a condition that the unit may not be used for rental purposes. However, accessory residential units within a Housing Diversity Development may be Section 6.02 • •Standards S.02.010 General The standards listed in this Section are allowed by right unless otherwise expressly stated. The project must comply with all of the applicable development standards of this Section. The project must also comply with all other development standards of the base Zoning District and any applicable specific use standards unless those standards are superseded by the standards in this Section. The development standards within this Section shall not apply to residential development within the MU -DT, Mixed Use Downtown zoning district. Residential development within the MU -DT district shall utilize the development standards of the MU -DT district provided in Table 6.03.020 "Non -Residential Lot and Dimensional Standards". If a development of three (�) acres or larger is proposed that makes provision for "Housing Diversity" as defined by Chapter 16, the developer has the option to utilize the standards provided in Section 6.os, Residential Housing Diversity Developments, and Table 6.o5.o3o "Housing Ordinance No. Housing Diversity.3.11.08 Page 2 of 10 Diversity Lot and Dimensional Standards", and the development standards within Section 6.02 shall not apply, a Standards 6.05.010 Purpose To encourage Housing Diversity Developments, flexibilily is granted within the UDC for developments that foster housing diversity. In addition, the Director is authorized to consider alternative standards that would result in projects that meet the intent, if not the letter, of the UDC and provide for housing diversity. Housing Diversity Developments must include at least three types of housing identified on Table 6.or,.020, although a greater variety is encouraged. 6.05.020 General A. Housing Diversity Developments. The standards listed in this Section are allowed by development standards of the base Zoning District and any applicable specific use standards unless those standards are superseded by the standards in this Section. B. Housing Diversitv Developments that include Attainable Housing. Housing Diversity than or equal to 8o% of the area median income (attainable housing) shall qualify for additional incentives. Table 6.0-5.04o Housing Type Dimensional Standards includes the additional incentives that may be used for a Housing Diversity Development that includes at least ro% attainable housing. In addition, parkland dedication, impact, and connection fees shall be waived help with closing costs. To qualify RL for the additional Conventional incentives available 1 acre lot for Housing X_ X_ Diversity Developments that include at least io% attainable housing the deed for each of these properties shall 7,500 SF include X a provision that X_ for seven (7) years from the date of the original home sale to the share of fees that were waived for their lot. Deeds for these properties are subject to the approval of the City. 6.05.030 Housing ypes Permitted /Required in Housing Diversity Development The following Table shows the types of housing permitted in a Housing Diversity Development Table 6.05.030: Permitted Housing Types by Residential District for Housing Diversity Developments Housing Type Minimum Size Lot/Parcel AG RE RL RS TF TH Conventional 1 acre lot X_ X_ X_ X_ X_ Conventional 7,500 SF lot X X X_ X_ X_ Conventional 4,500 SF lot X X_ X_ X Attached SF 3 500 SF lot X X X X Zero Lot Line 4,500 SF lot X X X _ X _ Two-Famii 6 000 SF arcel X X X I X Ordinance No. C9 0 0 1 ®1 Housing Diversity.3.11.08 Page 3 of 10 Townhouse 10,500 SF parcel Conv Conv X_ X_ X_ X Quad Lot/Parcel Area, min. 8,000 SF parcel 77500 4,500 X X X X 81000 The following Table will provide the dimensional standards for each residential building type. Standard Conv Conv Conv Zero -Lot Line Att, SF 2= Fam TH Quad Lot/Parcel Area, min. 1 acre 77500 4,500 4,500 7,000 6,000 10,500 81000 Area per Dwelling, min. 31500 31000 1,500 2.000 Units per Structure max. 3 2 7 4 Lot Width, minimum feet* 75 60 40 40 35 60 20/18** 40 Front Setback min. feet f 20 — 15 — 15 — 15 — 15 10* 5 15 10*5 5**** 15 — Side Setback, min. feet 10 7.5 *a 10 6*5 6 4.5*5 0 6 6 4.5*5 10 7.5*5 10 Rear Setback min. feet 20 15 10 7.5* 7.5*5 10 7.5*5 10 7.5*5 10 7.5*5 10 7.5*5 12 — 15 — Impervious Coverage (zoning), max. % 45 50 55 65*5 55 65*5 55 65*5 60 65*5 60 65*5 60 65*5 Building Height, max. feet 35 35 40 40 40 40 45 45 Acc. Building Height, max. 45 25 25 25 25 20 20 20 feet Perimeter Buffer, min. feet See Chapter 8 "Landscaping and Buffering" NOTE: Specific site design and development standards are located in Section 7.4 *Minimum lot widths on cul-de-sac lots may be reduced between 30 feet and 50 feet at the front property line provided that the minimum required lot width is provided at the front feet in ***Interior units may be a minimum width of 18 feet, while outside units shall be a minimum of 20 feet. ****See Section 7.03.020.D.1 for clarification. RE for Housing Diversity Developments that provide attainable housing. r .. •- or, - 1a& .. ... - . - • I I • A. Minimum Lot Area 1. Individual lots inproiects with more than five lots may deviate uD to ten Dercent from the minimum lot area, provided that the averaize lot area in the Droiect does not va more than five percent from the minimum lot area. 2. No Building Permit or development approval may be issued for a lot that does not meet the minimum lot area requirements of this Unified Development Code except as specified above and in the following cases: Ordinance No. Housing Diversity.3.11.08 Page 4 of 10 a. Nonconforming lots may be used in accordance with the Provisions set forth in Chapter 14. b. Utilities using land or an unoccupied building covering less than 1,000 square feet of site area shall be exempt from minimum lot area standards. c. The following_Mes of lots, as defined in Section 16.04, are exempt from the minimum lot area standards: i. Open Space Lots; ii. Landscape Lots; iii. Median Lots; and, iv. Access Lots. a. No structure that is taller than eight feet in height and has a roof structure that completely or partially blocks the view to the sky shall be located within the required setback area unless specifically allowed elsewhere in this Code. b. No part of a yard, or other open space required in connection with any building, parcel, or use for the purpose of complying with this Unified Development Code, shall be included for any other building building plot, or use as part of a yard or open space, c. A seven -foot side setback must be provided along all side lot lines that parallel a public street, except when the side lot line abuts a highway frontage road, in which case a 2,5 -foot setback must be provided, a. The side building setback for zero lot line houses may be reduced to zero feet on one side. This reduction does not apply to the street side setback or to the interior side setback adjacent to lots that are not zero lot line. b. Development with no side yard setbacks on both sides is allowed only for quads, townhouses rowhouses and Non -Residential uses. c. Construction on interior lots with no side yard or setback is allowed only where access to the rear of the building is provided on the site or by dedicated alleL The following features may be located within a required yard: a. Landscape features; b. Driveways may be located in front an(i street side serving a side -loaded or detached rear garage may extend into a side yard setback, c. Sidewalks, fences and walls may be located within any required yard; I Uncovered patios may be located in the side and rear setbacks up to .1 feet of the property line; e. Minor utilities; Ordinance No. Q D 0 3 ® 1 Housing Diversity.3.11.08 Page 5 of 10 f. Mechanical equipment such as air conditioning units, Pool pumps and similar equipment. No such equipment shall be permitted in a required front yard, g. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features may extend up to 18 inches into any required ,yard; h. Parking areas that cover up to rjo percent of the required front yard may be permitted, provided that: i. i. Parking is screened from the street view; ii. The parking surface material is acceptable to the Development Engineer; and iii. The maximum impervious coverage requirements are met, r-..EnTsWirm- The Director shall be authorized to approve front setback reductions for lots that front on cul-de-sac or dead-end streets when the Director determines that such reduction is necessary to allow reasonable development on the subject lot and there is no likelihood or feasible way that the street will be extended. Any yard or separation requirements may be increased to comply with minimum fire safety requirements as specified by the City Building Official. The Building Official is responsible for notifying the applicant and the Director if minimum fire safety requirements exceed the requirements of this Unified Development Code When an existing setback is reduced because of a recent or pendingconveyance to a federal, state or local government for a public purpose and the remaining setback is at least so percent of the required minimum setback for the District in which it is located then that remaining setback will be deemed tosatisfv the minimum setback standards of this Unified Development Code Building height refers to the vertical distance between lowest finished grade at the edge of the building, or the base flood elevation where applicable, plus: a. The average height level between the eaves and ridge line of a gable, shed, hip or gambrel roof: b. The highest point of a mansard roof; or c. The highest point of the coping of a flat roof. Unless otherwise expressly stated, the heiahtlimitations of this Unified Development Code shall not applyty of the following_ a. Electrical power transmission and distribution lines; b. Belfries, cupolas, spires, domes, monuments chimneys, radio/television receiving antennas or chimney; or Ordinance No. Housing Diversity.3.11.08 Page 6 of 10 c. Bulkhead, elevator, water tank, or any_ other similar structure or necessary mechanical appurtenance, including screening parapets, extending above the roof of any building where such structure does not occupy more than 33 percent of the area of the roof. The perimeter buffer applies to the subdivision edge or contiguous area of a Housing Diversity Development, and not to specific Zoning Districts within the Development. The perimeter buffer may be counted towards required landscaping if it is within the lot. Section 7.03 Residential .Standards .: 50019411"11TOTM "I The following dwelling units or projects shall be exempt from the provisions of this Section. 7. Housing Diversity Developments in which similarity of architectural form and std among dwellings is integral to the success of a unified plan. r` 1A t . - M FMM no Vmk-� B. Accessory Buildings or Structures for Living Quarters 1. Pursuant to Section 5.03.030 accessory residential units are allowed within any Residential District in accordance with the Special Use Permit process (Section 3.07) or within a Housing Diversity Development by right, Section 8.08 Bufferyards - • 1 : 1 i A. Type A Bufferyard Required The "Type A" Bufferyard is required in the following situations: q. Multifamily (MF) or Townhouse (TH) District adjacent to a lower intensity Residential District: except internal to a Housing Diversity Development where bufferyards shall not be required, a • . all tiaTVE2.4. . . . ., Except as expressly stated in this Section, all required off-street parking spaces must be located on the same lot as the principal use, except for Housing Diversity Developments where two (2) spaces or more are required per unit, one (1) space shall be located on the same lot, and remaining spaces within 200 feet of the lot. Section 11.02 ImperviousCover 11.02.010 Impervious Cover Limitation Established .. tC•F1:]11f 1. Within the City Ordinance No Housing Diversity.3.11.08 Page 7 of 10 No property greater than five acres in area platted or developed shall exceed the following impervious cover limitations on a gross site area basis. Except for zoning impervious cover limits set forth in 6.os.o4o. Properties under five acres in areas that are located within the City limits must comply with the zoning (per lot) impervious cover limits set forth in 6.02.030 for Residential or 6.03.020 for Non - Residential, or 6.05.040 for Housing Diversity Development. Section / Pedestrian b 12.02.010 Types of Pedestrian Facilities With a Housing Diversity Development any combination of sidewalks, accessways bikeways, trails etc., intended for use as a travelway for pedestrians and/or bicyclists that may be approved by the Director to serve in lieu of the required five-foot sidewalk The Alternative Mobility Plan shall typically include at least a sidewalk of a minimum of four feet on at least one side of each street. A request for an Alternative Mobility Plan shall be submitted for consideration at site plan or subdivision or plat review. 12.03.020 Desi n Standards The following standards are used for the determination of proper classification of streets. Standard Alley ' Residential Residential Local Residential Major Minor Maj or l Lane Street Collector Collector Arterial Arterial Expected ADT --- < 800 < 800 > 800 >2500 >12,500 >24,000 Right-of-way (min. feet) 20 50 50 65 73 110 135 Paved Width feet 15 21 28** 37** 45 82 106 Traffic Lanes: 1 2 2 2 2-4 4 6 Number of Lanes Lane Width (feet) 15 9.5 8 10.5 11-14.5 12 12 Median Width (feet) --- --- --- --- --- 24 24 Design Speed (mph) --- 20-30 20-30 30-35 30-35 35-45 35-45 Driveways Permitted? Yes No Yes Yes Yes Yes Yes Parking None None Both Sides Both Sides** Both None None — Sides*** Landscape Easement None Both Sides Both Sides Both Sides Both Sides Both Both (min. 5' width) Sides Sides Sidewalks (min. 5' width) None Both Sides Both Sides Both Sides Both Sides Both Both Sides Sides Commercial Driveway,Spacing for City Count. Controlled Roadwa s* and State S stem Highways** Posted Speed (MPH) Driveway Spacing (Feet) < 30 200 35 250 40 305 45 360 50 425 Minimum Connection Spacing'Criteria for Freewa . Frontage Roads" ' Minimum Connection Spacing (feet) Posted Speed One -Way Frontage Roads Two -Way Frontage Roads (MPH) <30 200 200 Ordinance No, � 1 Housing Diversity.3.11.08 Page 8 of 10 35 250 Development. 300 development 40 305 provides a minimum of twenty 360 of 45 or more 360 as identified in 435 Table >50 6 or; 425 510 Desirable Spacing between Freewa ;Exit Ramps and Drivewa s" Total Volume (Frontage Road + Ramp) (vph) Driveway or Side Street Volume (vph) Spacing (feet) Number of Weaving Lanes 2 3 4 < 2500 < 250 460 460 560 > 250 520 460 560 > 750 790 460 560 >1000 1000 460 560 >2500 < 250 920 460 560 > 250 950 460 560 > 750 1000 600 690 > 1000 1000 1000 1000 - source: Haopfea juiy 2001 City of Georgetown unveway Spacing Study based on AASHTO (American Association of State Highway and Transportation Officials) sight distance standards. 'Housing Diversity Developments may reduce the paved width on Residential Local Streets to 26 feet and to 30 feet on Residential Collector Streets if only one parking lane is allowed. Housing Diversity Development. A unified development that provides a minimum of twenty percent of three or more housing_Mes as identified in Table 6 or; 020 SECTION 3. 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 4. 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 5. This Ordinance shall become effective in accordance with the provisions of the City Charter. PASSED AND APPROVED on First Reading on February 26, 2008. PASSED AND APPROVED on Second Reading on March 11, 2008, ATTEST: Ordinance No. a 14. Housing Diversity.3.11.08 Page 9 of 10 THE CITY OF GEORGETOWN s Sandra D. Lee City Secretary Approved as to Form: Patricia E. Carls, Carls, McDonald & Dalrymple, LLP City Attorney Ordinance No. C2000,'/V Housing Diversity.3.11.08 Page 10 of 10