HomeMy WebLinkAboutORD 2006-39 - REZ Legend OaksOrdinance No. 0100 " 3,7
An Ordinance of the City Council of the City Of Georgetown, Texas, amending part of the
zoning district map adopted on the 41h Day of April 2002 in accordance with the Unified
Development Code passed and adopted on the 11th day Of March 2003, to change Lots 1 through
6 of Legend Oaks Section II as Recorded in Cabinet I, Slide 269 of the Official Plat Records Of
Williamson County, Texas, from RS, Residential Single -Family district classification and AG,
Agriculture district classification to C1, Local Commercial district classification; repealing
conflicting ordinances and resolutions; including a severability clause; and establishing an
effective date.
Whereas, an application has been made to the City Council for the purpose of changing the
zoning district classification of the following described real property ("the property"):
Lots 1 through 6 of Legend Oaks Section II as Recorded in Cabinet I, Slide 269 of the
Official Plat Records Of Williamson County, Texas, hereinafter referred to as "the
property";
Whereas, the City Council has submitted the proposed change in the Base Ordinance to the
Planning and Zoning Commission for its consideration in a public hearing and for its
recommendation or report; and
Whereas, notice of such hearing was published in a newspaper of general circulation in the
City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days
for the first day of such publication; and
Whereas, written notice was given not less than fifteen (15) days before the date set for the
meeting before the Planning and Zoning Commission to all the owners of the lots within two
hundred feet of the property, as required by law; and
Whereas, the applicant for such zoning change placed on the property such sign(s) as
required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen
(15) days before the date set for such hearing; and
Whereas, the City Planning and Zoning Commission in a meeting held on November 1, 2005
recommended to the City Council Approval of the requested zoning change for the above described
property from RS, Residential Single -Family district classification and AG, Agriculture district
classification to C1, Local Commercial district classfication.
oo(9`3
Legend Oaks section Il
Page 1 of 3
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 following objective of the Georgetown Century Plan, Future Land Use and
Thoroughfare Plan:
Objective 1.3: Ensure that new developments will be compatible with existing land uses in
terms of use, density, building heights, scale and offsite effects.
Objective 1.5: Require zoning change requests to be consistent with the Future Land Use
Plan.
The Future Land Use Plan designates this property for "Mixed Use" and
"Commercial".
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy
Plan.
Section 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning
District for the Property shall be and the same is hereby changed from RS, Single -Family Residential
district classification and AG, Agriculture district classification to C-1, Local Commercial district
classification, in accordance with attached Exhibit A which is attached hereto and 'incorporated by
reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 4. If any provision of this Ordinance 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 Ordina-ice are hereby declared to be severable.
Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect on the date of final
adoption by City Council.
000 avc)(Vm 43
Legend Oaks Section II
Page 2 of 3
Passed and Approved on First Reading on the 22nd day of November 2005.
Passed and Approved on Second Reading on the 9th day of May 2006.
Attest:
r
Sandra D. Lee
City Secretary
Approved As To Form:
Patricia E. Carls
City Attorney
The City Of Georgetown
Mayor
T: \ CUR_PLAN \ REZONE \ REPORT \ 2006 \ Legend Oaks, Section 11.0rdinance. doc
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Legend Oaks Section II
Page 3 of 3
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An Ordinance of the City Council of the City of Georgetown, Texas, amending
Future Land Use Century Plan passed and adopted on the 281h Day or May 2002, to
adopt a Transit Oriented Development Mixed Use land use category and to change
440 acres, more of less, out of the William Addison Survey and L.J. Dyches Survey,
from Office/Retail/Commercial, Mixed Use, and Residential to Transit Oriented
Development Mixed Use, repealing conflicting ordinances and resolutions; including
a severability clause; and establishing an effective date.
Whereas, the City Charter of the City of Georgetown was amended by vote of the people in
April 1986 such that comprehensive planning was established as a continuous and ongoing
governmental function; and
Whereas, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the
Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section
1.08 of the City Charter; and
Whereas, the City Council did, on March 13, 1990, adopt by Ordinance Number 900149 the
Georgetown Century Plan - Development Plan as the Land Intensity, Transportation, and Utilities
functional plan elements pursuant to Section 1.08 of the City Charter; and
Whereas, the City Council did, on May 28, 2002, adopt by Ordinance Number 2002-32 adopt
new elements of the Century Plan: The Future Land Use Plan pursuant to Section 1.08 of the City
Charter; and
Whereas, the Century Plan- the Future Land Use Plan contains the Future Land Use
definitions and a Map designed to assign future land uses throughout the Georgetown planning area;
and
Whereas, the a Transit Oriented Development Mixed Use Future Land Use definition was
created to provide the City and property owners with flexibility and land use options surrounding
the future transit station; and
Whereas, the City has been working with the Austin San Antonio Intermunicipal Commuter
Rail District (Rail District) to select the station location and complete an Economic Study of the
potential impacts to the City and region; and
Whereas, a 440 acre, more of less, area out of the William Addison Survey and L.J. Dyches
Survey, has been identified as the potential sphere of influence of the transit platform, to study:
increased density around the transit station, creating pedestrian oriented development, and to
ensure transit supportive land uses; and
Century Plan Amendment - Transit Oriented Development Ordinance No. m
Page 1 of 4
Whereas, the existing Future Land Use designation for the 440 acres, more of less, area out
of the William Addison Survey and L.J. Dyches Survey, located near the intersection of Inner
Loop and Maple Street, is currently Office/Retail/Commercial, Mixed Use, and Residential; and
Whereas, the City and property owners in the Station area wish to move forward with
planning and development of the TOD District and surrounding properties; and
Whereas, the Planning and Zoning Commission did, on
April 4,
2006, conduct
a public
hearing regarding the proposed amendment to the Century Plan
— Future
Land Use Plan;
and
Whereas, notice of such hearing was published in a newspaper of general circulation in the
City, which stated the time and place of hearing which time was not earlier than fifteen (15) days for
the first day of such publication; and
Whereas, written notice was given not less than fifteen (15) days before the date set for the
meeting before the Planning and Zoning Commission to all the owners of the lots within two
hundred feet of the property, as required by law; and
Whereas, the applicants for such Plan amendment placed on the Property, such Sign(s) as
required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen
(15) days before the date set for such hearing; and
Whereas, the Planning and Zoning Commission did, on December 6, 2005, make a
recommendation regarding the amendment to EXHIBIT 1 of the Century Plan - Development Plan
and the Century Plan — Future Land Use Plan Map.
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 following Policy Ends of the Century Plan - Policy Plan Element and Goals of the
Future Land Use Plan:
A. Policy Statement: Georgetown's natural and physical resources are managed so that citizens
enjoy the benefits of economic and social development.
B. Future Land Use and Thoroughfare Plan:
GOAL 1: Encourage the most desirable and efficient use of land while enhancing the physical
environment through functional and compatible land use configurations.
Objective 1.1: Develop a Future Land Use Plan that will provide for types of land uses
correlated with appropriate locational criteria, development standards and acreage.
Objective 1.2: Plan for future development that is compatible with the City's natural features,
environmentally sensitive areas, and existing land uses.
Century Plan Amendment - Transit Oriented Development Ordinance No. .
Page 2 of 4
Objective 1.7: Review land use policies and explore the possibility of using such policies to
encourage the development of non-residential "nodes", which would result in
concentrated areas of retail and commercial uses instead of strip development; in
addition, allowing small-scale nodes in close proximity to residential development
should be explored.
Objective 1.9: Identify special study areas, such as along Williams Drive, where more detailed
evaluation and analysis is needed.
GOAL 3: Provide opportunities for maintaining and enhancing the City's local character and
environment through land use planning.
Objective 3.1: Identify special areas within the City that may warrant special land use
designation, such as the Town Square, Old Town, the Williams Drive corridor, in
historic areas, and along the San Gabriel River.
GOAL 4: Provide an efficient, safe and
connective
transportation system that
is coordinated with
existing needs and with plans
for future
growth; this system should
be economical and
responsive to environmental concerns.
Objective 4.2: Work closely with regional transportation planning groups and neighboring
municipalities to ensure that regional transportation issues, especially those that
directly affect Georgetown (e.g., frontage roads), are addressed with City input.
Objective 4.3: Ensure that the following concerns are addressed when making decisions
regarding transportation within the City:
• regional transportation,
■ adequate access (to and from Georgetown, and to and from land uses and
residential subdivisions within Georgetown),
• impact of various types of land uses (i.e., trip generation and parking needs).
GOAL 5: Provide for alternative modes of transportation, including pedestrian connectivity,
bicycle accommodation, and a transit system, in order to ensure that transportation needs
are met in ways other than the roadway system itself.
GOAL 6: Provide for a variety of housing types throughout the City.
Objective 6.4: Encourage high density and multi -family to locate in proximity to supporting
facilities, including roadway networks, employment, shopping, schools, parks and
recreation facilities.
Objective 6.5: Establish areas within the City (other than Downtown/Old Town) that would be
appropriate for mixed land uses, wherein townhome or apartment type housing
would be appropriate above retail establishments and offices.
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 Document entitled "Century Plan — Development Plan" dated November 15,
1989, shall be amended as follows: Adding the Transit Oriented Development addendum, dated May
23, 2006, to the Future Land Use Plan, adopted May 281", 2002, which is attached hereto as Exhibit A
and incorporated herein by reference for all purposes.
Century Plan Amendment —Transit Oriented Development Ordinance No. cQQ UP
Page 3 of 4
Section 3: The Century Plan — Development Plan as hereby amended shall be implemented in
accordance with the Administrative procedures in Chapter IV of the Policy Plan Element of the
Century Plan adopted on March 8, 1988,
Section 4. The Future Land Use Map, contained in the Century Plan — Development Plan, is
hereby amended by the City Council of the City of Georgetown Texas, to change the Future Land Use
Plan Map from Office/Retail/Commercial, Mixed Use, and Residential to Transit Oriented
Development Mixed Use, for the 440 acres, more of less, area out of the William Addison Survey and
L.J. Dyches Survey, located near the intersection of Inner Loop and Maple Street, as illustrated in
Exhibit A of this ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
Section 6. If any provision of this ordinance 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 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This ordinance shall become effective in accordance with the provisions of the Charter of the
City of Georgetown.
PASSED AND APPROVED on First Reading on theca " h day of ADrij
PASSED AND APPROVED on Second Reading on the 0171 h day of
A = CT.
Sandra D. Lee
City Secretary
AS TO FORM:
Patricia E. Carls
City Attorney
Century Plan Amendment — Transit Oriented Development
Page 4 of 4
THE CITY OF GEORGETOWN:
Mayor
•rdinance No. .. t. j :.
May 9, 2006 TOD Pa e LI 5
Transit Oriented Development
The City of Georgetown Future Land Use Plan and Map have been amended to create a
Transit Oriented Development Mixed Use District (TOD District). A TOD District is a land
use category that encourages mixed -use development in areas currently served or will be
served by major transit stops and stations for commuter rail or other forms of rapid
transportation. The TOD District located in the City of Georgetown is envisioned as a high to
medium density, mixed -use, transit and pedestrian oriented activity center that promotes
local economic activity in a development that is diverse, livable, sustainable and enhances the
quality of life for all Georgetown Residents. It is envisioned to serve as the northern terminus
of the Austin -San Antonio Intermunicipal Commuter Rail District line.
Along with the TOD District, the City of Georgetown is preparing for a bus station to serve as
a downtown hub for a future fixed route bus system, that will connect residential areas,
downtown, the TOD District and other economic centers. The station location, tentatively
proposed at a location east of Holly Street between 41h and Th Streets, is centrally located to
Southwestern University and downtown Georgetown. The Future Land Use Map designation
chosen for that area is Public/Semi-Public, to reflect governmental or institutional nature of
the Land Use.
Future Lana Use Plan Goals & Objectives
The goals and objectives are intended to be statements that clarify what citizens and leaders
want the City of Georgetown to be in the future. The goals and objectives were adopted as
part of the May 28, 2003 Future Land Use Plan.
The Future Land Use Plan goals and objectives which the TOD District is consistent with are as
follows.
GOAL 1: Encourage the most desirable and efficient use of land while enhancing the
physical environment through functional and compatible land use configurations.
Objective 1.1: Develop a Future Land Use Plan that will provide for types of land uses
correlated with appropriate locational criteria, development standards and
acreage.
Objective 1.2: Plan for future development that is compatible with the City`s natural
features, environmentally sensitive areas, and existing land uses.
City of Georgetown, Texas
,,
Gtc RGI O%VIN
1 FXAS
TOD District Amendment:
Future Land Use Plan
May 9, 2006 TOD Pale 2 0 5
Objective 1.7: Review land use policies and explore the possibility of using such policies to
encourage the development of non-residential "nodes", which would result
in concentrated areas of retail and commercial uses instead of strip
development; in addition, allowing small-scale nodes in close proximity to
residential development should be explored.
Objective 1.9: Identify special study areas, such as along Williams Drive, where more
detailed evaluation and analysis is needed.
GOAL 3: Provide opportunities for maintaining and enhancing the City's local character and
environment through land use planning.
Objective 3.1: Identify special areas within the City that may warrant special land use
designation, such as the Town Square, Old Town, the Williams Drive
corridor, in historic areas, and along the San Gabriel River,
GOAL 4: Provide an efficient, safe and connective transportation system that is coordinated
with existing needs and with plans for future growth; this system should be
economical and responsive to environmental concerns.
Objective 4.2: Work closely with regional transportation planning groups and neighboring
municipalities to ensure that regional transportation issues, especially those that
directly affect Georgetown (e.g., frontage roads), are addressed with City input.
Objective 4.3: Ensure that the following concerns are addressed when making decisions
regarding transportation within the City:
• regional transportation,
• adequate access (to and from Georgetown, and to and from land uses and
residential subdivisions within Georgetown),
• impact of various types of land uses (i.e., trip generation and parking
needs).
GOAL 5: Provide for alternative modes of transportation, including pedestrian connectivity,
bicycle accommodation, and a transit system, in order to ensure that transportation
needs are met in ways other than the roadway system itself.
GOAL 6: Provide for a variety of housing types throughout the City.
Objective 6.4: Encourage high density and multi -family to locate in proximity to supporting
facilities, including roadway networks, employment, shopping, schools,
parks and recreation facilities.
Objective 6.5: Establish areas within the City (other than Downtown/Old Town) that would
be appropriate for mixed land uses, wherein townhome or apartment type
housing would be appropriate above retail establishments and offices.
City of Georgetown, Texas .,
1tX15
"3l *be A) 2
TOD District Amendment:
Future Land Use Plan
May 9, 2006 TOD Pa e 3 of 5
Transit Oriented I Related Plan Map Color: Orange & Yellow
440 Acres
Ensure transit supportive land
uses: Transit supportive land
uses allowed in the TOD
District include commercial
offices and research
contained within a building.
Medium to high density
residential. Pedestrian
oriented street retail, or
shopping centers with strong
pedestrian connections.
Services such as hotels, child
care, and restaurants. These
uses must be integrated
either horizontally or
vertically surrounding the
actual transit facility.
Increase Density around the
transit station: By increasing
density around the transit
station, the station area will
become a "place" that is a
community gateway and hub
of activity. Part of becoming
City of Georgetozvn, Texas
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TOD District Amendment:
Future Land Use Plan
I
May 9, 2006 TOD P= 4!1 5
a "place' the TOD District will provide local services and amenities, while providing transit
access.
Create Pedestrian Oriented Design: Create convenient, direct and safe pedestrian linkages from
the station location to the surrounding land uses in the TOD District. This will promote the
use of transit in the TOD District, and provide alternative linkages to adjacent areas. One of
the key components to creating pedestrian oriented design is to allow compact development
form by reducing set backs and lot sizes, and encouraging the vertical integration of uses in
the TOD District.
Application of the TOD District
The TOD District location is currently an undeveloped "green field" area. The City of
Georgetown has been working with the Austin San Antonio Intermunicipal Commuter Rail
District (Rail District) to select the station location and complete an Economic Study of the
potential impacts to the City and region. In order for property owners and City to move
forward with planning and development of the TOD District and surrounding properties,
certain steps must be taken to implement the TOD District. Those steps are:
Unified Development Code Implementing Regulations: The Unified Development Code (UDC)
currently does not have a specific zoning category to implement the TOD District other than a
Planned Unit Development overlay. A simpler way to provide property owners, the City and
the Rail District a guaranty that development will be compatible and mutually supportive in
the TOD District is to develop a Station Area Plan. The Station Area Plan can provide specific
land uses and design guidelines for the TOD District, reduce or extend the radius of the
district boundary, provide a connected street and walkway network, and manage the utility
and infrastructure planning for the area.
Overall Transportation Plan Amendments: The Overall Transportation Plan (OTP) reflects the
planned road network and typical cross sections for those roads. In order for TOD District to
be successful, the OTP must be amended to include cross sections for the rail line to serve the
area. At this time the Maple Street extension runs adjacent to planned Rail District line from
the Station Area south to Round Rock. A typical cross section for the Station Platform, duel
track section and track section as they run adjacent to or near the Future Maple Street
extension should be incorporated into the OTP.
Infrastructure and Access Improvement: The City, through it's Capital Improvement and
Transportation Improvement programs, must plan for adequate infrastructure to service the
area. This includes water, wastewater, drainage/storm water, and roadway improvements to
City of Georgetown, Texas
Circm(;rC)WIN
TOD District Amendment:
Future Land Use Plan
May 9, 2006 TOD Pa e 5 of 5
the Southeast InnerLoop and other local roads in the area. These improvements should be
programmed following the Station Area Plan.
The Texas Department of Transportation (TxDOT) is currently planning improvements to FM
1460 at the western edge of the property. The City and property owners should include
TxDOT in the Station Area Plan process to provide needed access improvements that will
raise the economic viability of the TOD District.
Making the TOD District accessible to all segments of the population will increase ridership
for the Rail District and economic viability of the TOD District as well. The City is working
with the Capital Area Rural Transit System (CARTS) to create a fixed -route bus system based
on a Downtown hub for the City. The TOD District should be a destination for the future
fixed route system. A fixed route system will provide access to the TOD District from existing
residential areas, it will also allow access into Downtown and other economic centers from the
Creating a Successful TOD District
A successful TOD District provides a mix of land uses and densities that create a convenient,
interesting and vibrant community for local residents, commuters and visitors alike. The City
of Georgetown is in a position to plan a TOD District that can provide greater mobility choice,
provide a catalyst for economic development, improve air quality through the provision of
transportation alternatives and reducing congestion, provide greater access to adjacent
communities, and increase housing choices within the City. The creation of the Transit
Oriented Development Mixed Use District land use designation, is the first step in the process.
City of Georgetown, Texas
TOD District Amendment:
Future Land Use Plan
Ordinance No. 4 00 Pt 37
An Ordinance of the City Council of the City of Georgetown, Texas, amending Chapter 8
("Landscaping and Buffering") of the Unified Development Code, Passed and Adopted on the
111" Day of March 2003, 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 the annual amendment process for the UDC; and
WHEREAS, the Planning and Zoning Commission forwarded their list of recommended
UDC amendments to the City Council following their meeting of October 4, 2005; and
WHEREAS, the City Council approved the list of proposed UDC amendments at their
meeting of October 11, 2005; and
WHEREAS, the City Council directed Staff to begin preparation of draft language for the
approved list of UDC amendments; and
WHEREAS, a Public Workshop was conducted on March 23 and March 30, 2006 to allow
for public review of the draft UDC amendments; and
WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public
Hearing on April 4, 2006 to consider a recommendation to the City Council on these UDC
amendments; and
WHEREAS, the Planning and Zoning Commission at their meeting of April 4, 2006 made
a report to the City Council recommending approval of the proposed UDC amendments; 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 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 8 "Landscaping and Buffering" is hereby amended in its entirety as
follows:
Chapter 8. Landscaping and Buffering
Section 8.01 Purpose
8.01.010 Authority
The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapter
211 and the City Charter.
8,01,020 Purpose
This Chapter establishes requirements for provision of landscaping elements, buffering and
screening for the purpose of providing orderly, safe, attractive and healthful development of land
located within the community and promoting the health, safety and general welfare of the
community.
A. The regulations contained herein are necessary to enhance the community's
ecological, environmental and aesthetic qualities.
B. The City of Georgetown experiences frequent droughts; therefore, it is a purpose of
this Section to encourage the use of drought resistant plants that do not consume
large quantities of water.
8.01.030 Applicability
The requirements and standards for the installation and maintenance of landscape elements and
site improvements as set forth herein shall apply to all development within the City of
Georgetown as set forth below. All new development subject to these regulations shall be in full
compliance with the provisions of this Chapter.
Section 8.02 Landscape Plan
The Landscape Plan is required as part of a Site Plan submittal. The components of a Landscape
Plan are Primary Landscape, Street Trees, Tree Canopy, Parking Lot Landscape, Gateway
Overlay District Landscape, Buffervards, Screening, Replacement and a Summary.
D 0;
A. The applicant or an authorized agent must submit and receive approval of a
Landscape Plan demonstrating compliance with the landscape requirements
contained herein.
B. A Landscape Architect or other certified professional shall design the Landscape
Plan to ensure the design will provide adequate spacing and meet the
requirements for healthy and aesthetic development. The plan should include a
statement of compliance and be signed and sealed by the designer.
C. Plans shall show all dimensions, types and quantity of materials, width of buffer
yards and overlay districts, size and spacing of vegetative materials, and irrigation
standard.
D. The Tree Survey should be included as part of this plan, if applicable.
E. The following species of trees are required to be removed and are excluded from
meeting any landscape requirements: Hackberry, Chinaberry, Ashe Juniper
(Cedar), Bois d' Arc, Chinese Tallow and Mesquite. The retention of any of these
species must be based on the health and welfare of surrounding protected trees or
groups of trees and must be approved by the City.
F. Section 8.12 provides for Alternative Landscape Plan options.
8.02.010 Components of a Landscape Plan:
A. Primary Landscape (Section 8.03) — A calculation of the square footage of the
impervious coverage times the percentage of landscape required, see Table
8.03.010. The requirements for Primary Landscape may be satisfied by Street
Trees, Parking Lot Landscape and Gateway Overlay District Landscaping,
however the greater of the total calculations shall apply. (See Section 8.0## for
Landscape Credits; credits may not be applied to other than Primary Landscape
requirements. See Section 11.03 for Tree Preservation and Replacement).
B. Tree Canopy (Section 8.04) — The Tree Canopy is a calculation of the percentage of
the entire lot or development area based on the mature crown area of all trees.
Existing and planted trees may be combined to meet the Tree Canopy requirement.
Mature Tree Canopy requirements are based on Table 8.04.020.
C. Street Trees (Section 8.05) — Street trees are calculated at one tree per 50 linear feet
of frontage on a street. This calculation may count toward the Primary Landscape
requirement.
D. Parking Lot Landscape (Section 8.06) — The requirement for placement of
landscape within the parking lot area is calculated on the number of parking
spaces located between the building and the right-of-way and distance from the
trees in accordance with Section 8.06.020 A. That calculation may count toward
meeting the Primary Landscape requirements.
E. Gateway Overlay District Landscape (Section 8.07) — Gateways are a zoning
overlay district requirement that applies to street frontage along entry ways into
our community. Gateways (See Map, Section 4.08) are established in accordance
ORD. &
F
with Section 4.08. The calculations for Gateway Landscape may count toward
meeting the Primary Landscape requirements.
F. Bufferyards (Section 8.08) - Bufferyard requirements are based on zoning district
separation. The Bufferyard calculations are a stand alone requirement and may
not count toward the Primary Landscape or any other requirement.
G. Screening (Section 8.09) - Screening requirements apply to Parking Lots (in
addition to Parking Lot Landscaping), Mechanical Equipment (roof, ground and
wall mounted), Waste Containers and Loading Docks. All screening materials
must be evergreen and create a solid screen affect. Screening landscape may not
count toward the Primary Landscape or any other requirement.
H. Replacement (Section 8.10) - Trees identified for preservation that must be
removed shall meet the replacement requirements and be reflected on the
Landscape Plan. (See Section 11.03) Replacement Trees may not also count toward
the Primary Landscape or any other requirement.
I. Landscape Summary (Section 8.11) - A summary of the above components should
be reflected in a Table. You may bracket the components that are being counted
toward the Primary Landscape requirements
Section 8.03 Primary Landscape
8.03.010 Primary Landscaped Area: A minimum percentage of the total lot area of property on
which development, construction or reconstruction occurs after the effective date of this article
shall be devoted to landscape development in accordance with the requirements.
Note
In single-family or two-family Residential Districts (AG, RS, RE, RL or TF), Landscaping area and
Tree Canopy requirements only apply to Non -Residential uses.
MU-DT District should refer to the Downtown Design Guidelines Manual
See Section 4.04.020 H. and I. for MU and TOD District information
Required landscaping is calculated as a percent of impervious cover, not site area.
8.03,020 Standards
A. Primary Landscape Calculation: A parcel's landscaped area shall be calculated as a
percentage of impervious cover. For every 600 square feet of landscape area
required, two trees with a minimum 2" caliper selected from the tree list provided
in Table 8.02.04.020 and four shrubs shall be planted. The total caliper calculation
of trees may be substituted for the total number of trees. Calculations must be
shown on the Landscape Plan.
Impervious coverage _s.f. (See Section 8.03.020 B & C for credits and additions) _ _s.f. x _%
(Table 8.02.03.010) _ _s.f./ 600 = _units. _Units x 2 trees = _ trees, _units x 4 shrubs
shrubs.
B. Landscape Credits for Primary Landscape: The following may count towards
meeting the Landscaping requirements:
1. Any area improved with landscaping by the property owner as described
in Section 8.03.010.
2. 25% Undeveloped land within the 100 year floodplain-restricted areas.
3. Up to 25 percent of paved parking areas where constructed with brick
pavers or pervious pavement systems as approved by the Director.
4. All street trees planted within the adjacent right of way.
5. Overlay District plantings, street trees within the property line, and
parking lot trees.
C. Landscape Additions for Primary Landscape: (See Section 9.02.020) Off -Street required
parking in excess of 100 percent shall provide an additional 25 percent of the parcel's
calculation for Primary Landscape and Tree Canopy requirements as described in Table
8,02,010,
Primary Landscape:
Lot impervious coverage s.f. + 25% = total impervious coverage
Tree Canopy:
Lot area s.f. + 25% = total lot area
D. Landscape Location: The landscaping shall be placed upon that portion of a tract
or lot that is being developed. Undeveloped portions of a tract or lot shall not be
considered landscaped, except as specifically approved by the Director.
E. Replacement of Primary Landscape requirements: Should a tree or shrub die or be
removed within 2 years of the Landscape Plan approval for which credit has been
obtained pursuant to the terms of this Section, landscape development sufficient to
equal the area credited shall be required. A small tree that will have a mature
crown similar to the tree removed may be substituted if the planting area or
pervious cover provided for the larger tree is retained.
Section 8.04 Tree Canopy
8.04.010 Tree Canopy Area — Tree Canopy Area is a percentage of the entire lot square footage or
development area, in accordance with Table 8.03.010. The calculation of the mature crown area of
all retained and planted trees is based on Table 8.04.020. Any tree not on the tree list will be
estimated by the Director using standard landscaping references The Director may approve
alternate plans due to special site conditions, which may, for reasons such as safety, affect the
ability to meet these regulations.
8.04.020 Standards
A. Tree Canopy Calculation: The canopy is measured by computing the area that the
mature canopy will encompass, based on Table 8.03.010. The mature canopy as
listed on Table 8.04.020 will be estimated for existing trees based on the type of
tree. Calculations must be shown on the Landscape Plan.
Total lot area_s.f. x _% (Table 8.03.010 = _s.f. of tree canopy at mature growth. (See Table
8.04.020 for mature canopy in square feet)
Common Name of Tree
Mature Canopy s.f.
(Table 8.04.020)
Quantity of Trees
Square footage (s.f.)
ofcanopy
List each type of tree
Total
s.f.
Kalmia latifolia
Laurel, Texas Mountain
79
25
Leucaena retusa
Leadtree, Goldenball
79
25
Vitex Anus-castus
Lilac Tree, Vitex
79
25
Arbutus texana
Madrone, Texas
314
100
Magnolia grandiflora
Magnolia, Southern
1256
225
Acer grandidentaturn
Maple, Bigtooth
707
175
Proso is glandulosa
Mesquite, Honey
707
175
La erstroemia spp.
Myrtle, Crape
79
25
Quercus macrocar a
Oak, Bur
1256
225
Quercus muhlenbergii
Oak, Chinquapin
1256
225
Quercus glaucoides
Oak, Lacey
314
100
Quercus vir iniana
Oak, Live
1256
225
Quercus polymorpha
Oak, Monterey
1256
225
Quercus stellata
Oak, Post
314
100
Quercus sinuate brevifolia
Oak, Shin
1256
225
Quercus shumardii
Oak, Shumard
1963
300
Quercus sinuate
Oak, Texas Red
1256
225
Bauhinia con esta
Orchid Tree, Anacacho
79
25
Carva illneonsis
Pecan
707
175
Diospyros texana
Persimmon, Texas
79
25
Pinus pinea
Pine, Italian Stone
314
100
Pinus thun er ii
Pine, Japanese Black
314
100
Pistacia chinensis
Pistache, Chinese
1256
225
Pistacia texana
Pistachio, Texas
79
25
Prunus Mexicana
Plum, Mexican
314
100
Koelreuteria paniculata
Raintree, Golden
314
1 100
Cercis texensis
Redbud, Texas
314
100
Cotinus obovatus
Smoketree, American
177
65
Sa indus drummondii
Soa berg , Western
314
100
Plantanus Mexicana
Sycamore, Mexican
1256
225
Planus occidentalis
Sycamore, Texas
1256
225
Rhus co allina and glabra
Sumac, Flameleaf
79
25
Ju lans major
Walnut, Arizona
314
100
Ju lans ni ra
Walnut, Eastern
707
175
Ju lans microar a
Walnut, Little
314
100
Chilo sis linearis
Willow, Desert
314
100
B. Tree Canopy Credits: The following may count towards meeting the Tree Canopy
requirements:
1. All existing trees that are retained and all planted trees.
2. All street trees planted within the adjacent right of way.
3. Overlay District trees, street trees within the property line, and parking lot
trees.
Page 8 of 25
C. Location - Trees counted toward Tree Canopy requirements shall be located on
that portion of a tract or lot that is being developed. Trees located on undeveloped
portions of a tract or lot shall not be considered for Tree Canopy credit, except as
specifically approved by the Director.
D. Replacement of Tree Canopy requirements: Should a tree be removed withal 2
years of the Landscape Plan approval for which credit has been obtained pursuant
to the terms of this Section, replacement of the trees equal to the credited shall be
required. A small tree with a mature crown similar to the tree removed may be
substituted if the planting area or pervious cover provided for the larger tree is
retained.
Section 8.05 Street Trees
8.05.010 Street Tree Requirements: Street trees must be located in the landscape easement
according to the Design Standards set out in Section 12.03.020, except that up to 20 percent of
street trees on a block may be planted between the sidewalk and the primary building, but within
10 feet of the sidewalk. Where poor soil conditions or other factors require additional flexibility in
planting, the Planning Director may approve alternative spacing of trees, but not reduction in the
number of required trees.
8.05.020 Standards
A. Street Tree Calculation: Street trees must be planted at the average rate of one tree
for every 50 feet of street frontage. Street trees required by this Section may be
counted toward the Primary Landscape and Tree Canopy requirements.
Lot frontage Linear feet (l.f.)/ 50 = # of Trees, minus _ existing trees
8.04,020 for credit) = Total # of Trees to be planted.
(See Section
B. Street Tree Credits: The following may be counted toward the requirements for
street trees:
1. Existing trees that meet these standards may be credited as street trees.
2. Existing trees within the adjacent right-of-way may be credited as street
trees.
C. Tree Size and Species - Trees shall be a minimum of two caliper inches measured
four and a half (4-1/2) feet above finished grade immediately after planting. Trees
shall be selected from the City of Georgetown Preferred Plant List located in the
UDC Development Manual, and planted in accordance with standards of Section
8.14, or as approved by the Director. Preference shall be given to tree species native
to the region.
• ' ° 10 ..
P
D. Tree Maintenance of Street Trees: Individual owners shall be responsible for the
maintenance of all street trees planted to meet the requirements of this Section,
unless the trees are planted in a common landscape lot area, in which case a
Homeowner's Association shall be responsible for maintenance.
1. Clear sight triangles, as set forth in 12.03.050D. shall be maintained at all
times.
2. A minimum 13 foot - 6 inch vertical clearance at the street level shall be
maintained at all times.
Section 8.06 Parking Lot Landscape
8.06.010 Parking Lot Landscaping - Landscaping provided to meet this Section may be applied to
the site landscaping requirements. Parking lot landscaping must meet the City's traffic safety
standards as adopted in the Code of Ordinances for maintaining visibility at intersections,
driveways and access easements.
8.06.020 Standards
A. Parking Lot Landscape Calculation:
1. The parking lot landscape area requirements are based on the percentage of
required parking located between the building fagade and the street right-
of-way:
a. Less than 25 percent of the parking located between the building
fagade and the right-of-way requires 13 square feet of landscaping
per parking stall.
b. Between 25 percent to 75 percent of the parking located between the
building fagade and the right-of-way requires 18 square feet of
landscaping per parking stall.
c. Greater than 75 percent of the parking located between the building
fagade and the right-of-way requires 23 square feet of landscaping
per parking stall.
2. Internal Parking Lot Landscaping - Two trees and four shrubs shall be
planted for each 600 square feet of required landscape area.
B. Location - All new trees within a parking lot shall be planted in a pervious area of
at least 100 square feet and have a minimum interior dimension of 8.5 feet wide.
However, up to 20 percent of the required trees in accordance to Section 8.02.030
may be planted in islands of at least 25 square feet and have a minimum interior
dimension of five feet.
C. To reduce the thermal impact of unshaded parking lots, trees shall be planted
throughout parking lots so that no portion of the lot is more than 60 feet away
from the trunk of a tree unless otherwise approved by the Director.
< 25% =13 s.f. per parking stall
25-75% =18 s.f. per parking stall
O D 0r
Page 10.
75%> = 23 s.f. per parking stall
_s.f. per parking stall x _number of parking stalls = _s.f. /600 =_units
units x 2 trees = _# of trees units x 4 shrubs = _ of shrubs
Section 8.07 Gateway Overlay District Landscape
8.07.010 Purpose and Intent - The purpose of the Landscaping Requirements for Gateways is to
protect and enhance the entrance corridors to the City of Georgetown, which will:
1. Establish an entrance corridor that heralds the approach to the City;
2. Define the arrival to a destination;
3. Link common elements together; and
4. Provide consistent landscaping.
8.07.020 Applicability -Where Site Plan review is required in accordance with Section 3.09,
Gateway Overlay District standards shall be applied for all properties within the specific
corridors listed below. Landscaping for properties along these gateways shall comply with the
requirements set forth. Gateway planting requirements may be credited toward the Primary
Landscape requirements.
A. Highway Gateways
1, I.H. 35 Frontage Roads both north and south;
2. Highway 195;
3. Highway 81 (Austin Avenue), north of intersection with Williams Drive
and ending at the intersection with NE Inner Loop.
B. Scenic/Natural Gateways
1. F.M. 2243 (Leander Road) located west of the proposed Inner Loop Road
intersection;
2. Highway 29 (University Avenue) located west of I.H. 35;
3, F.M. 2338 (Williams Drive) located northwest of the Booty's Crossing
Road/Lakeway Drive intersection;
4. F.M 971 located east of the of NE Inner Loop intersection.
C. Downtown Gateways
1, Highway 81 (Austin Avenue) north of the intersection of Inner Loop road
and ending at the southern portion of the Downtown Overlay District
2. Highway 81 (Austin Avenue) starting at the north portion of the
Downtown Overlay District and ending at the intersection of Williams
Drive
3, Highway 29 (University Avenue) starting at the west portion of the
Downtown Overlay District and ending at the intersection of I.H. 35.
4. Highway 29 (University Avenue) starting at the east portion of the
Downtown Overlay District and ending at the intersection of NE Inner
Loop Road
5. F.M. 2338 (Williams Drive) east of the intersection of I.H. 35 and ending at
the intersection with Austin Avenue,
8.07.030 Standards
A. Gateway Overlay District Landscape Calculation: The Gateway Overlay District
landscaped area shall be calculated by multiplying the lot width along the right-of-
way times the depth of the landscape buffer. This square footage divided by 1000
determines the landscape units for calculation.
_length of frontage along Gateway right-of-way x _ feet (depth of buffer) = square feet
of Landscape Buffer, minus _ square feet of impervious coverage within this area = net
square feet of Landscape Buffer Area. (This area is required to be 80% live vegetation with no
gaps greater than 40 feet between trees or shrubbery) J 1000 square feet = _units.
_units x 2 trees = trees (minus) - _existing 4"> hardwood trees within the
buffer area = net trees. units x 5 (5gal) shrubs = shrubs
B. Shared Design Standards for Gateways
1. Design Standards
Landscaping must comply with the remaining section of Chapter 8,
Landscaping and Buffering. Where regulations and requirements for
gateway corridors and the underlying zoning district conflict, the more
restrictive regulations apply.
2. Site Design
For all zoning districts, which require a front build -to -line provision in
accordance with Table 6.03.020, the property line will be replaced with the
edge of the gateway landscape easement.
3. Sidewalks
Sidewalks shall be required in accordance with Table 12.03.020. All
sidewalks shall be constructed and designed to coordinate the location of
any new sidewalks and to tie into existing sidewalks. If the sidewalk lies
within the gateway easement, a portion of the required landscaping shall
be between the sidewalk and the designed right-of-way.
4. Parking
No parking will be allowed within the gateway landscape buffer and all
screening of parking will be in accordance with Section 8.09.010.
5. Utilities
a. Drainage facilities are not allowed within the gateway landscape
buffer except those that are necessary to convey drainage in the
shortest possible route to or from the street right-of-way. Drainage
facilities include all detention ponds, water quality ponds, outlet
M
structures, drainage berms, improved channels, or other
improvements associated with the drainage improvements.
b. All detention ponds and water quality ponds within the gateway
overlay district buffer shall be designed to the greatest extent
possible to conform to the natural terrain of the land and if possible
as curvilinear, non -rectangular shapes. Detention ponds and water
quality ponds within the gateway buffer shall be designed so that the
facilities do not require chain link fencing or concrete walls (or
similar material). Outlet structures may be concrete. Native stone is
allowed for detention ponds and water quality ponds if the ponds
are located behind the gateway buffer and the stone is mortared in
place or dry stacked. Gabions are now allowed.
C. Fencing is allowed around detention ponds only if the fencing is
constructed of wrought iron or tubular steel or other similar
products. The fence shall be buffered from the street view by
planting 5-gallon evergreen shrubs and vines that will at maturity,
screen at least 40 percent of the view of the detention pond and
fence.
d. Separate ponds for each lot may be utilized if they are designed with
a curvilinear contoured shape, are designed not to require fencing,
are able to utilize vegetative slope stabilization with a s lope not
exceeding 3:1, and no structural retaining walls are used.
e. Dumpsters must be located and screened in accordance with Section
8.09,030,
f. All utilities installed for the development shall be located
underground. The developer shall not have to retrofit existing
utilities.
Table 8.07.040 Street Trees for Downtown Gateways
* See the U.S. Department of Agriculture, Forest Service publication on "How to Identify and Manage Oak Wilt in
Texas" available on www.texasoakwilt.=
8.07.050 Highway Gateways
The purpose for the Highway Gateway is to positively reflect the image of the City of
Georgetown by enhancing development with well designed site plans and landscaping while
maintaining a safe and effective interstate highway. Site design proposals along the Highway
Gateways shall break up large masses of parking and pavement with well planned open space
ORD.► l
Page 13 of 25
components. Additionally, careful analysis is required of view corridors from the highway.
Strategically placed tree massings should be located to frame desired views while screening
parking areas.
A. Landscape Buffer
A 25landscape buffer is required and will be measured from the property line.
B. Landscaping Requirements
1. The landscape buffer area shall be landscaped and maintained with at least
80% live vegetative coverage excluding the area required for driveways,
sidewalks, bicycle paths, and drainage features. The remainder may be
impervious landscaping such as landscape rock, native rock walls,
fountains, statuary, and signs in compliance with Chapter 10 of the UDC.
No fencing is allowed within the landscape buffer.
2. Trees and shrubbery are required within the landscape buffer at a ratio of
at least two 2-inch caliper shade trees and five 5-gallon shrubs for every
1,000 square feet of land. All vigorous, existing trees listed in Table
8.02.030A and/or the City of Georgetown Preferred Plant List, that are
preserved shall count toward the required tree plantings if they meet or
exceed the minimum of 2 inches in caliper. All trees and shrubs species
shall be from the City of Georgetown Preferred Plant List, located within
the Unified Development Code, Development Manual, and no more than
25% of all required trees and shrubs may be from the same species.
Landscaping shall include a variety of different species and should be
offset while providing informal massing and framing views. Planting
offsets should be of at least 6 feet and are required for every 60 feet of
continuous landscape plantings.
C. Service Areas
No service areas or service drives shall be permitted to front IH35, Austin Avenue,
or Highway 195.
8.07.060 Scenic/Natural Gateways
Scenic gateways are designated as reflecting the natural characteristics of the land. These
Georgetown roadways are prominent arterials and growth zones leading into the City. The
purpose of the design standards for the Scenic/Natural Gateway corridors is to maintain the
;Informal character that currently exists as they develop. For developments which occur along the
natural Scenic Gateways, designers shall integrate the natural characteristics of the land into the
landscape design. Informal tree massings, planting of under story trees, incorporation of native
stones and boulders and use of native grasses and wildflowers are examples of how to blend
required plantings in addition to the native plantings.
A. Landscape Buffer
A 25' landscape buffer is required and will be measured from the property line.
B. Landscaping Requirements
1. The landscape buffer area shall be landscaped and maintained with at least
80% live vegetative coverage excluding the area required for driveways,
sidewalks, bicycle paths, and drainage features. The remainder may be
impervious landscaping such as landscape rock, native rock walls,
fountains, statuary, and signs in compliance with Chapter 10. No fencing is
allowed within the landscape buffer.
2. Trees and shrubbery are required within the landscape buffer at a ratio of
at least two 2-inch caliper shade trees and five 5-gallon shrubs for every
1,000 square feet of land. All vigorous, existing trees listed in Table 8.04.020
and/or the City of Georgetown Preferred Plant List, that are preserved shall
count toward the required tree plantings if they meet or exceed the
minimum of 2 inches in caliper. All trees and shrubs species shall be from
the City of Georgetown Preferred Plant List, located within the Unified
Development Code, Development Manual, and no more than 25% of all
required trees and shrubs may be from the same species. Landscaping shall
include a variety of different species and should be offset while providing
informal massing and framing views. Planting offsets should be of at least 6
feet and are required for every 60 feet of continuous landscape plantings.
8.07.070 Downtown Gateways
The purpose of the Downtown Gateway Corridor standards is to enhance and unify the
appearance of the major roadways adjacent to, and directly leading into downtown Georgetown.
Because of the close proximity to the downtown district, the appearance of the corridors shall
reflect a more formal, urban extension of the downtown. In order to establish the formal
appearance, trees shall be evenly spaced and located equal distance behind the property line.
Intersections and parking lot entrances should be highlighted with ornamental plantings and
color to visually enhance the aesthetic appearance of the higher activity zones. Although the
intent for the Downtown Gateway corridors is to establish a consistent, formal landscape
appearance, the design standards are not intended to adversely affect existing trees along the
roadways. Variations to these standards are allowed to provide for the preservation of existing
trees.
A. Landscape Buffer
A 15' landscape buffer is required from the designated roadway and will be
measured from the property line.
B. Landscaping Requirements
1. The landscape buffer area shall be landscaped and maintained with at least
80% live vegetative coverage excluding the area required for driveways,
sidewalks, bicycle paths, and drainage features. The remainder may be
impervious landscaping such as landscape rock, native rock walls,
fountains, statuary, and signs in compliance with Chapter 10. No fencing is
allowed within the landscape buffer.
2. Trees and shrubbery are required within the landscape buffer at a ratio of
at least two 2-inch caliper shade trees and five 5-gallon shrubs for every
1,000 square feet of land. Of the required allotment of trees, street trees
shall be spaced 40' and 5' behind the property line. Street trees must be
Y
chosen from the Street Tree Palette for Downtown Gateways, Table
8.07.070. All vigorous, existing trees listed in Table 8.04.020 and/or the City
of Georgetown Preferred Plant List, that are preserved shall count toward
the required tree plantings if they meet or exceed the minimum of 2 inches
in caliper. All trees and shrubs species shall be from the City of
Georgetown Preferred Plant List, located within the Unified Development
Code, Development Manual, and no more than 25% of all required trees
and shrubs may be from the same species. Landscaping shall include a
variety of different species and should be offset while providing informal
massing and framing views. Planting offsets should be of at least 6 feet and
are required for every 60 feet of continuous landscape plantings.
Section 8.08 Bufferyards
8.08.010 District Boundary Bufferyard Requirements: Buffering is intended to prevent or
minimize any effects of a use on a property from affecting any adjacent property. The Director
may approve alternative landscaping plans due to special site conditions. Such plans must be
certified by a landscape architect registered by the State of Texas.
8.08.020 Standards
A. Bufferyard Calculations: Bufferyard calculations are in addition to all other
landscape requirements and may not be credited for other requirements.
Calculations must be shown on the Landscape Plan.
Type _ bufferyard required along (north, south, east, west) property line.
_width of planting area / 50 = units x
deciduous shrubs = deciduous shrubs
evergreen shrubs=
deciduous trees =
_evergreen shrubs
deciduous trees
evergreen trees = evergreen trees (Type C buffer yards Option 1 only)
B. General Bufferyard Standards
1. The landscaping required within Bufferyards shall be provided in addition
to the site landscaping required in Section 8.02.
2. All open space within a Bufferyard shall be planted with grass or other
vegetative ground cover.
3. A Bufferyard may provide additional plantings in excess of the minimum
requirements.
4. A Bufferyard may be interrupted in order to provide access (pedestrian or
vehicular) to adjacent parcels.
5. A Bufferyard may be designed with clustering of plantings to create a more
desirable design.
6. Spacing of trees must allow space for trees to grow into full maturity of the
tree canopy.
8.08.030 Bufferyard Requirements:
A buffer yard is required along the following District boundaries:
A. "Type A" Bufferyard Required
The "Type A" Bufferyard is required in the following situations:
1. Multifamily (MF) or Townhouse (TH) District adjacent to a lower intensity
Residential District.
2. Neighborhood Commercial (CN) District adjacent to any Residential
District.
B. "Type A" Bufferyard Description
A "Type A" Bufferyard must consist of one of the following options:
1. A 10-foot wide planting area with an average of one deciduous shrub per
50 lnnear feet;
2. A 7.5-foot wide planting area with an average of one deciduous shrub and
1 evergreen shrub per 50 linear feet; or
3. A 5-foot wide planting with an average of two deciduous shrubs and 1
evergreen shrub per 50 linear feet.
C. "Type B" Bufferyard Required
The "Type B" Bufferyard is required in the following situations:
1. General Commercial (C-3) District located adjacent to any other Non -
Residential District.
2, Local Commercial (C-1), Mixed Use — Downtown (MU-DT), Office (OF) or
Business Park (BP) Districts adjacent to any Residential District.
D. "Type B" Bufferyard Description
A "Type B" Bufferyard must consist of one of the following options:
1. A 20-foot wide planting area with an average of one deciduous shrub per
50 linear feet;
2. A 15-foot wide planting area with an average of one deciduous shrub and 1
evergreen shrub per 50 linear feet; or
3. A 10-foot wide planting area with an average of one deciduous tree, one
deciduous shrub and 1 evergreen shrub per 50 linear feet.
E. "Type C" Bufferyard Required
The "Type C" Bufferyard is required in the following situations:
1. Industrial (IN) District located adjacent to any other District.
2, General Commercial (C-3) District located adjacent to any Residential
District.
F. "Type C" Buffer yard Description
A "Type C" Bufferyard must consist of one of the following options:
OR;OR04 aoot&�3��#
1. A 10-foot wide planting with an average of two evergreen trees for each 50
linear feet of Bufferyard. In addition, this option requires a solid six-foot
screening wall constructed of brick, stone, reinforced concrete or other
similar two-sided masonry materials; or
2. A 30-foot wide planting with a berm at least three feet tall and eight feet
wide, with an average of two deciduous shrubs and two evergreen shrubs
at the top of the berm per 50 linear feet.
G. Bufferyards adjacent to the ETJ
1. A "Type B" Bufferyard shall be required for development adjacent to
platted residential uses as established by the City of Georgetown Land Use
Plan.
Section 8.09 Screening
All planting materials used for screening purposes shall be an evergreen species. Screening is
required in order to minimize visual impacts from surrounding properties and right-of-ways.
Screening requirements are in addition to all other landscape requirements and may not be
credited or counted toward meeting other requirements.
8.09.010 Parking Lot Screening
A. All parking must be screened from public rights -of -way using screening methods
as described below.
B. All parking lot screening will be maintained at least 36 inches in height, and be
achieved through one of the following methods:
1. A berm;
2. A planting screen (hedge);
3. A wall; or
4. A combination of any of the above along with trees.
C. Live screening shall be capable of providing a solid 36-inch screen within two
years, as determined by a landscape architect or other licensed professional, and
shall be planted in a prepared bed at least three feet in width.
D. Screening shall be offset at least six feet every 60 linear feet.
E. Parkinta Lot Screening Calculations:
Select one (Berm, hedge, wall or combination)
Hedge calculation is 1 evergreen shrub per 3 linear feet.
linear feet of parking area / 3 feet = evergreen shrubs
8.09.020 Screening of Mechanical Equipment
A. All mechanical equipment (e.g. air handling equipment, compressors, duct work,
transformers and elevator equipment) shall be screened from view at ground level.
B. Roof -mounted mechanical equipment shall be shielded from view on four sides.
Screening shall consist of materials consistent with the primary building materials,
and may include metal screening or louvers which are painted to blend with the
primary building.
C. Screening shall result in the mechanical equipment blending in with the primary
building, and not appearing separate from the building.
D. Wall or ground -mounted equipment screening shall be constructed of:
1. Planting screens; or
2. Brick, stone, reinforced concrete, or other similar masonry materials; or
3. Redwood, cedar, preservative pressure treated wood, or other similar
materials; and
4. All fence posts shall be rust -protected metal, concrete -based masonry or
concrete pillars.
E. All mechanical equipment and screening must be shown on the Landscape Plan.
F. Mechanical Equipment Screening Calculations:
Identify screening selection: berms and walls must show materials and heights.
Planting screening Calculation:
1 evergreen shrub per 3 linear feet, must reach sufficient screening height to screen the equipment
within 2 years.
linear feet of equipment area J 3 feet = evergreen shrubs
8.09.030 Screening of Waste Containers
Wall
�k1ri �h{�NUI �NNN 1N
�uxn»rcrxnm�axxaa�na�'
Table 8.08.030 Scre
Fence
aning of Waste Containers
Planting
Large 8tuubs Planted iVT Or;
Staggered 30-36 in.-___. r^ 4!'�;�.j * r
Ues s 11 a YVaE red
�� r.�iEanlrx..^,Sytem
11
"Lffifl
All enclosures are to be 1'0" above the height of the waste container. Use protective poles
in corners and at possible impact areas. A minimum 6" reinforced slab is required and
must be sloped to drain; enclosure must be gated with spring loaded hinges, or equivalent.
A. Waste containers shall be located on the side or rear of the building and screened
from public view.
B. Waste containers must be located at least 50 feet away from residentially zoned
property lines.
C. Waste containers shall be located on a minimum six-inch reinforced slab, sloped to
drain.
D. Waste containers shall be screened on four sides, using an enclosure that is a
minimum of 1 foot above the dumpster, and screens the waste container from view
at the property line. Screening shall be comprised of:
1. Brick, stone, reinforced concrete, or other similar masonry materials that
have a similar finish to the primary finish; or
2. Redwood, cedar, preservative pressure treated wood, or other similar
materials; or
3. Planting screening with large evergreen shrubs planted four feet on center
and staggered 30 to 36 inches. Evergreen shrubs shall be watered with an
irrigation system; and
4. All fence posts shall be rust -protected metal, concrete based masonry or
concrete pillars; and
5. Six-inch concrete filled steel pipes shall be located to protect the enclosure
from truck operations.
E. Waste container enclosures shall have steel framed gates with spring -loaded
hinges or the equivalent and fasteners to keep them closed. When in use, tiebacks
should be used to secure the steel framed gates in the open position.
F. Waste container screening shall be maintained by the owner at all times.
G. Waste Container Screening Calculations:
Identify screening selection: fences and walls must show materials and heights
Planting screening Calculation:
1 evergreen shrub per 4 linear feet, must reach sufficient screening height to within 2 years.
linear feet of waste container area / 4 feet = evergreen shrubs
8.09.040 Screening of Loading Docks
A. These standards shall apply to all sites with loading docks in non -industrially
zoned Districts.
B. Loading and service areas shall be located at the side or rear of buildings.
C. Off-street loading areas shall be screened from view of any street or adjacent
property.
D. Loading areas shall be enclosed on three sides by a wall or other screening device
not less than eight feet in height.
E. Loading areas shall not be located closer than 50 feet to any single-family lot,
unless wholly within an enclosed building.
F. Screening materials shall be comprised of:
1. A wall that has a similar finish to the primary structure, or
2. A combination of trees and shrubs that will result in solid screening within
two years as determined by a registered landscape architect, licensed
professional, or as determined by the Director.
Identify screening selection: walls and other screening devices must show materials and heights
Planting screening Calculation:
1 evergreen shrub per 4 linear feet, must reach sufficient screening height to within 2 years.
linear feet of loading area / 4 feet =
Section 8.10 Replacement Trees
shrubs
The Landscape Plan shall show compliance with Section 11.03, Preservation of Natural Features
and Trees. All removal of protected trees or significant stands of trees shall be replaced. In order
to maximize the preservation of existing trees, the surveyed trees that are 4 to 12 inch trees, and
are listed in the City of Georgetown Preferred Plant List or a Class I tree, may provide credit
toward required Primary Landscape requirements or Replacement trees on a 1 tree to 1 tree basis.
8.10.020 Standards
A. Replacement Calculations:
Total caliper inches of trees removed / 50% = Primary replacement unit / 40%
t standard = inches to be
B. Requirements:
1. Replacement trees must be a minimum of 4 inches in caliper.
2. All replacement trees must be of the same species or comparable alternative
and the same size at maturity as the trees removed.
3. All replacement trees must be located on the same lot, adjacent lot or
within the same subdivision.
Section 8.11 Landscape Summary
Landscape Summary Table: The Landscape Summary should provide an overview of all planting
requirements reflecting credits and providing the total of plantings required. Bracket those
requirements that are being credited towards other components.
8.11.010 The Landscape Summary
Shrubs
Shrubs
Ornamental
Ornamental
Evergreen
Evergreen
Trees
Trees
Required
Proposed
Grasses
Grasses
Shrubs
Shrubs
Required
Proposed
Required
Proposed
Required
Proposed
Primary
Landscape
Street Trees
Tree Canopy
Parking Lot
Gateway
Bufferyards
Screening
- Parking
- Mech. Equip.
- Dumpster
- Loading
Totals
Note: Bracket those that are credited toward Primary Landscape requirements. Bracketed items may not be
credited to more than one requirement. See Section 8.03.020B. for explanation of crediting.
Section 8.12 Alternative Landscape and Screening Plans
Alternative landscape plan may be submitted for approval to the Director, if the aesthetic,
buffering and environmental intent of these requirements is met, and the reduction of the
landscape area results in the preservation of a natural feature having comparable value to the
reduced landscape requirements. Such plans must be certified by a landscape architect or licensed
professional. Alternative screening plans that reflect innovative approaches to screening may be
approved by the Director.
Section 8.13 Non -Residential Fences
Fences may be constructed in accordance with the following provisions:
A. No fence or wall along a common property boundary shall be greater than 8 feet in
height, except in accordance with UDC Section 5.05:
B. Fences less than or equal to four feet in height shall be allowed in front yards.
C. No fence or other structure more than 30 percent solid or more than four feet high
shall be located within 25 feet of the intersection of any rights -of -way.
D. All fences shall be constructed to indefinitely maintain structural integrity against
natural forces such as wield, rain and temperature variations.
E. The finished side of all fences built to comply with these regulations shall face the
protected use.
Section 8.14 Landscaping Installation
8.14.010General Requirements
All landscaping is required to be installed and maintained in accordance with this Section.
A. Installation
#D * &0 .
All landscape materials will be installed according to American Association of
Nurserymen (AAN) standards.
B. Planting
1. Any tree with a mature canopy larger than 1,000 square feet must be
planted at least 40 feet from another tree.
2. Any tree with a mature canopy smaller than 1,000 square feet, but greater
than 500 square feet, must be planted at least 20 feet from another tree.
3. Ornamental grasses may not be substituted for more than 10% of the
required landscape shrubs and may not count toward required evergreen
shrubs.
C. Maintenance
The current owner and subsequent owners of the landscaped property, or the
manager or agent of the owner, shall be responsible for the maintenance of all
landscape areas and materials, required Bufferyard areas and materials and
required screening materials. Said areas must be maintained so as to present a
healthy, neat and orderly appearance at all times and shall be kept free of refuse
and debris. Maintenance will include the replacement of all dead plant material if
that material was used to meet the requirements of this Chapter.
All such plants shall be replaced within six months of notification, or by the next
planting season, whichever comes first. A homeowners association may assume
responsibility for maintenance of common areas.
D. Irrigation Standards
1. One of the following irrigation methods shall be used to ensure
survival of the required plant material in landscaped areas:
a. Conventional System: An automatic or manual
underground irrigation system which may be a conventional
spray or bubbler type heads.
b. Drip or Leaky -Pipe System: An automatic or manual
underground irrigation system in conjunction with a water -
saving system such as a drip or a leaky pipe system.
c. Temporary and Above -Ground Watering: Landscape areas
utilizing xeriscape plants and installation techniques,
including areas planted with native grasses, wildflowers,
and trees may use a temporary and above ground system,
and shall be required to provide irrigation for the first three
growing seasons.
2. No irrigation shall be required for undisturbed natural areas or
undisturbed existing trees.
E. Planting Criteria
1. Trees
a. Trees shall be a minimum of two caliper inches measured
four and a half (41/2) feet above finished grade immediately
after planting.
Page 23 of 25
b. Trees must be chosen from the City of Georgetown Preferred
Plant List.
C. No more than 25% of all required trees may be from the
same species.
2. Shrubs, Vines, Ornamental Grasses and Ground Cover
a. Shrubs, vines and ground cover planted pursuant to this
Section shall be good, healthy nursery stock. Shrubs must
be, at a minimum, a one gallon container size.
b. No more than 25% of all required plantings may be from the
same species.
C. Ornamental Grasses may provide no more than 10% of the
required plantings and may not be used for required
evergreen screening.
3. Lawn Grass
Grass areas should be planted in drought resistant species normally
grown as permanent lawns, such as Bermuda, Zoysia, or Buffalo. In
heavily tree shaded properties Saint Augustine or other shade grass
may be used. Grass areas may be sodded, plugged, sprigged or
seeded except that solid sod shall be used in swales or other areas
subject to erosion.
4. Synthetic Lawns or Plants
Synthetic or artificial lawns or plants shall not be used in lieu of
plant requirements in this Section.
5. Architectural Planters
The use of architectural planters may be pennitted in fulfillment of
landscape requirements.
6. Other
Approved decorative aggregate or pervious brick pavers shall
qualify for landscaping credit if contained in planting areas, but no
credit shall be given for concrete or other impervious surfaces.
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 immediately upon its final adoption.
PASSED AND APPROVED on First Reading on the 25th day of April 2006.
PASSED AND APPROVED on Second Reading on the 9th day of May 2006.
ATTEST:
Sandra D. Lee
City Secretary
Approved as to Form:
M
Patricia E. Carls, Brown & Carls, LLP
City Attorney
THE CITY OF GEORGETOWN
Ordinance No. 001V '3
An Ordinance of the City Council of the City of Georgetown, Texas, amending the following
Sections of the Unified Development Code, Passed and Adopted on the 11th Day of March 2003,
as follows: 1.03.C. - "Applicability", 1.03.D. - "Applicability", Table 1.04.040 - "Zoning District
Names and Standards Changes", Table 2.01.020 - "Summary of Review Authority", 2.02.010.B.1.d.
- "Director of Planning and Development Services", 2.02.010.B.1.e. - "Director of Planning and
Development Services", 2.02.040.B. - `Building Official", 2.02.050 Urban Forester, 3.09.070 - "Site
Plan Review", 3.12.040 - "Master Sign Plan", 3.13.010 - "Certificate of Design Compliance",
3.13.020 - ""Certificate of Design Compliance", Table 4.01.010 - "Zoning Districts", 4.04.020.C. -
"Non -Residential Districts", 4.04.020.H. - "Non -Residential Districts, 4.04.020.I. - "Non -
Residential Districts, 4.04.030.A.6.a. - "Special Districts", 4.05.040.D.11 - "SP Standards for
Williams Drive (F.M. 2338), 4.06.0101. - "Downtown Overlay District Standards", Table 5.01.020
- "Types of Uses", 6.02.010 - "Residential Development Standards", Table 6.02.030 - "Housing
Type Dimensional Standards", Table 6.03.020 - "Non -Residential Dimensional Standards",
6.03.0403.1. - "Non -Residential Lot Dimensions Interpretations and Exceptions", 7.03.020.E.1. -
Requirements for Residential Housing Types", 7.03.060 - `Boundary Walls for Residential
Subdivisions", Chapter 8 - "Landscaping and Buffering", Table 9.02.030.A. - "Off Street Parking
Requirements", 9.02.060.H. - "Alternative Parking Plans in the Downtown Overlay District",
10.03.010.A. - "Exempt Signs", 10.03.020.H.- "Provisionally Exempt Signs", Table 10.06.010 -
"Sign Dimensional Standards", 10.07.010 - "Private Property", 11.02.010.A. - "Impervious Cover
Limitation Established", 12.02.020.I. - "General Requirements", 13.01.050 - "Subdivision
Development Exemption", 13.04.070 - "Utilities in Rural Subdivision", 13.06.030 - "Sanitary
Sewer System", 14.04.010 - "Compliance for Nonconforming Structures", 16.03.0501. -
"Commercial Use Categories", and 16.04 - "Definition of Uses".; 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 the annual amendment process for the UDC; and
WHEREAS, the Planning and Zoning Commission forwarded their list of recommended
UDC amendments to the City Council following their meeting of October 4, 2005; and
WHEREAS, the City Council approved the list of proposed UDC amendments at their
meeting of October 11, 2005; and
WHEREAS, the City Council directed Staff to begin preparation of draft language for the
approved list of UDC amendments; and
WHEREAS, a Public Workshop was conducted on March 23 and March 30, 2006 to allow
for public review of the draft UDC amendments; and
WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public
Hearing on. April 4, 2006 to consider a recommendation to tlne City Council on these UDC
amendments; and
WHEREAS, the Planning and Zoning Commission at their meeting of April 4, 2006 made
a report to the City Council recommending approval of the proposed UDC amendments; 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:
Poliiccv_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
tlae 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. Sections 1.03(C) and 1.03(D) "Applicability" are hereby amended to read as
follows:
Section 1.03 Applicability
C. An applicant may elect at any time to use this Unified Development Code in place of
previously applicable regulations, provided that this Code shall be applied in its entirety
to such a project. However, any existing plat that has platted setbacks, which are in
conflict with the standards of the UDC, shall be subject to the setback provision of the
UDC. A waiver from the Planning and Zoning Commission shall be required to maintain
and utilize the platted setbacks.
1. Setback waivers, pursuant to this section, shall be processed through the Planning and
Zoning Commission subject to the factors outlined in Section 3.08.050 (I) "Waivers".
D. All RP, Residential. Planned Zoning Districts approved prior to the effective date of this
Code that have not submitted a complete application for a Preliminary Plat or a Site Plan
are obsolete and are hereby repealed on the effective date of this Code. However, the RP,
Residential Planned Zoning Districts listed below may continue as a legal conforming use
provided, however that pursuant to Section 1.04.040 of the Code the zoning designation
shall be renamed from RP, Residential Planned to PUD, Planned Unit Development. hz
addition, any of the projects listed below which have approved preliminary plans or Site
Plans shall be allowed to continue to seek development permits under the ordinances,
rules and regulations existing prior to the effective date of this Code, including, but not
limited to (i) development standards and (ii) variances duly approved for each of said
Residential Planned Zoning Districts,
1. Katy Crossing
2. Sun City Georgetown
3. Georgetown Village
4. Village of River Bend
5. Parkview Place Apartments
6. University Park
7. Morrow Addition
8. College Place Condominiums
9. Dalrymple Addition
10. Cody Addition
11. Southwestern University
12. 401 West University Avenue (S.H. 29)
13, Wesley Subdivision
14. Snyder Addition.
15. Dimmitt Addition
16. Lost Addition
17. Georgetown Municipal Airport
SECTION 3. Table 1.04.040 "District Name Changes" is hereby amended by placing an
asterisk before the C-2 district in the "New District Name" table and by providing a reference to
the asterisk at the bottom of the table that reads as follows: "'The C-2, Downtown Commercial,
zoning district has been renamed to the "MU-DT" Mixed Use - Downtown zoning district."
SECTION 4. Table 2.01.020 "Summary of Review Authority" is hereby amended by
deleting "DM", which designates decision making authority, from "Master Sign Plan" under
"Planning Director" and by placing "DM" for "Master Sign Plan" under the 'Building Official"
making the Building Official the decision making authority for master sign plans.
SECTION 5. Section 2.02.010(B)(1)(d)(e)and(f) "Director of Planning and Development
Services" is hereby amended by deleting "Temporary Use Permits" and "Master Sign Plans" as
follows:
Section 2.02.010 Director of Planning and Development Services
B. Powers and Duties
The Director of Planning and Development Services has the following powers and duties:
1. Final Action
The Director is responsible for taking final action on the following procedures
described in this code, subject to the specific criteria for each procedure as described in
the code.
a. Administrative Plats
b. Final Plats
c. Site Plans
d. Administrative Exceptions
SECTION 6. Section 2.02.040(B) "Building Official" is hereby amended by adding
"Temporary Use Permits" and "Master Sign Plans" as follows:
Section 2.02.040 Building Official
B. Powers and Duties
The Building Official shall be responsible for taking final action on sign permits,
temporary use permits and master sign plans.
SECTION 7. Section 2.02 "Administrative Officials" is hereby amended by adding a
new Section 2.02.050 "Urban Forester" as follows:
Section 2.02.050 Urban Forester
A. Designation
The Parks and Recreation Director shall appoint an Urban Forester to function as
described in this Code. The Urban Forester must be a Certified Arborist as recognized by
the International Society of Arboriculture (ISA).
B. Powers and Duties
The duties of the Urban Forester shall include, but are not limited to, the review and
recommendation on plats, site plans and other development permits requiring compliance
with applicable sections of Chapter 8 ("Landscaping and Buffering") and Chapter 11
("Environmental Protection") governing the placement, replacement, maintenance and /
or preservation of trees.
SECTION 8. Chapter 3 "Applications and Permits" is hereby amended by adding a new
Section 3.09.070 "Site Related Construction Plans" as follows:
Section 3.09.070 "Site Related Construction Plans
Where a Site Plan entails site construction, Construction Plans shall be required and must be
approved by the Development Engineer prior to any site construction. The plans shall be
submitted for all existing and proposed private and public parking, driveways, sidewalks,
drainage and utility improvements. Review of Site Related Construction Plans shall follow the
procedure set forth in Section 3.03.040.
A. Site Related Construction Plans must be consistent with the approved site plan.
B. For all public improvements the plans shall conform to the City's Construction
Specifications and Standard Manual and this Code.
C. For all private improvements, the plans shall conform to standard engineering practices
and must be sealed by a licensed Professional Engineer.
D. The materials, embedment and testing of all private main utility lines 6 inches and above
in diameter shall meet the requirements of the City's Construction Specifications and
Standard Manual and/or the approved City Building Codes.
E. The site construction plans shall meet the requirements of the City Drainage Manual.
,f ° #► ..X
SECTION 9. Section 3.12.040 "Responsibility for Final Action" is hereby amended by
adding a new Section 3.09.070 "Site Related Construction Plans" as follows:
Section 3.12.040 Responsibility for Final Action
The Building Official is responsible for final action on Master Sign Plans. A sign permit shall also
be required in accordance with Section 3.18,
SECTION 10. Section 3.13.010(D) "Certificate of Design Compliance for Demolition" is
hereby amended as follows:
Section 3.13.010 Applicability
D. Certificate of Design Compliance for Demolition
1. No building or structure within the Downtown Overlay District, Old Town Overlay
District or any other historic Overlay District, or on the List of High Priority Structures
shall be demolished or relocated unless such demolition or relocation is approved by the
Historic and Architectural Review Commission and a Certificate of. Design. Compliance
for such demolition has been granted. However, this authority shall not supersede the
Building Official's authority under Chapter 15.40, "Dangerous Building Ordinance," of
the Georgetown Municipal Code.
2. No Certificate of Design Compliance shall be approved for demolition or removal of any
structure, except in accordance with the Dangerous Buildings provisions of Section 1.5.40
of the Georgetown Municipal Code, until there is an approved Certificate of Design
Compliance and/or Site Plan addressing what will be developed on the site after the
demolition or removal.
SECTION 11. Section 3.13.020 "Review Process" is hereby amended as follows:
Section 3.13.020 Review Process
A. Initiation
Initiation
of a
Certificate of
Design Compliance may be made upon application by the
property
owner
of the affected
property or their authorized agent.
B. Preapplication Conceptual Review for Major Projects
Projects that involve infill construction or the substantial rehabilitation of an existing structure
shall be required to submit preliminary information to the Historic and Architectural Review
Commission and to appear at the regularly scheduled meeting for conceptual review prior to
making an official application. Materials for the conceptual review will be submitted to the
A
Director
at
least seven (7) days before
the regularly scheduled meeting so that it can be
included
in
the packets
distributed to the
Commission.
C. Application
Application must be made in format consistent with requirements determined by the
Director. Applications must include all materials determined necessary by the Director.
Format requirements and materials required for the application shall be made available by the
Director in advance of any application.
D._ Completeness Determination
Upon submission of an application, the Director shall determine whether the application is
complete, as described in Section 3.02.040.
E. Staff Review
Once a Certificate of Design Compliance has been initiated and the application deemed
complete, the Director shall review the application, considering any applicable criteria for
approval and prepare a report to the HARC.
1. The Director may establish procedures for administrative review necessary to ensure
compliance with this Code and state statutes.
2. The Director may assign staff or consultant to review the application and make a
preliminary report to the Director.
3. The Director's report may include a recommendation for final action.
SECTION 12. Table 4.01.010 "Zoning Districts" is hereby amended by renaming the "C-2,
Downtown Commercial" zoning district to "MU-DT, Mixed Use - Downtown" and adding the
"MU, Mixed Use" and "TOD, Transit Oriented Development" districts to the Non -Residential
Zoning Districts,
SECTION
13.
Section 4.04.020
"Non -Residential
Districts" is hereby amended by
modifying Section
(C)
and by adding new
Sections (H) and (I)
as follows:
4.04.020 Non -Residential Districts
A. Neighborhood Commercial (CN)
The Neighborhood Commercial District (CN) is intended to provide areas for commercial
activity such as sale of convenience goods and personal service businesses that primarily
serve nearby residential areas. No use that adversely affects the health, safety, welfare or
residential character of the neighborhood is allowed. Neighborhood commercial areas are
generally located within neighborhoods and have pedestrian access to adjacent residential
areas.
B. Local Commercial District (C-1)
The Local Commercial District (C-1) is intended to provide areas for commercial and retail
activities that primarily serve residential areas. Uses should have pedestrian access to adjacent
residential areas, but are not appropriate along residential streets or residential collectors.
C. Mixed Use Downtown District (MU-DT)
The Mixed Use Downtown District (MU-DTJ is intended to provide a location for a mix of
land uses including general commercial and retail activities, office use as well as single and
multi -family residential _in the downtown area. Individual uses are typically limited in size
although there may be regular and occasionally heavy traffic. The Mixed Use Downtown
District is only appropriate in the traditional downtown area of Georgetown.
D. General Commercial District (C-3)
The General Commercial District (C-3) is intended to provide a location for general
commercial and retail activities that serve the entire community and its visitors. Uses may be
large u1 scale and generate substantial traffic, making the C-3 District only appropriate along
freeways and major. arterials.
E. Office District (OF)
The Office District (OF) is intended to provide a location for offices and related uses. The uses
allowed have relatively low traffic generation. Small areas of the OF District may be
appropriate adjacent to most residential uses, and as a transition between residential areas
and commercial areas.
F. Business Park District (BP)
The Business Park District (BP) is intended to provide a location for office, research, and light
industrial uses typically located as part of a large area with significant buffering from adjacent
uses. The BP District may be appropriate adjacent to most residential areas, provided that
there is adequate buffering and that there is pedestrian and vehicular access to the residential
area for workers in the business park. The BP District typically has more traffic than in an
office area, but fewer heavy vehicles than in an industrial area. Business parks often include
commercial activities such as restaurants, banks, day care and similar uses that are intended
only to serve the on -site community.
G. Industrial District (IN)
The Industrial District (IN) is intended to provide a location for low -intensity manufacturing
and industrial activities that may generate some nuisances. Industrial uses are not appropriate
adjacent to any residential uses. Traffic generation will likely include heavy vehicles, making
access to a minor or Major arterial or a freeway necessary. Unless separated by a major
arterial, the industrial District is not appropriate adjacent to any Residential District, except
the Agriculture (AG) District.
H. Mixed Use District (MU)
I. Transit Oriented Development District (TOD)
SECTION 14. Section 4.04.030(A)(6)(a) "Planned Unit Development" is hereby amended
as follows:
4.04.030 Special Districts
A. Planned Unit Development (PUD)
6. Revisions
a. Major revisions to an adopted Development Plan shall be reviewed and approved
following the procedures and requirements of Section 3.06 and shall include the following:
SECTION 15. Section 4.05.040(D)(11) "SP Standards for Williams Drive" is hereby
amended as follows:
Section 4.05.040 SP Standards for Williams Drive (F.M. 2338)
D. Special Site Design Standards
11. Required Yards
Minimum side yard shall be ten feet; Minimum rear yard shall be ten feet; Minimum front
yard shall be twenty-five feet, provided, however, that any building constructed after the
effective date of this ordinance shall maintain a front setback equal to the average of the front
setback of adjacent structures.
SECTION 16. Section 4.06.010 "Downtown Overlay District Standards" is hereby
amended by adding a new Section (F) "Demolition by Neglect" as follows:
Section 4.06.010 Downtown Overlay District Standards
4.06.010 General Provisions
F. Demolition by Neglect
1. No owner, or person with an interest in the real property, of a property located in the
Downtown Overlay District, Old Town Overlay District and any established Historic
Overlay District shall permit the property to fall into a serious state of disrepair so as
to result in deterioration which would, in the judgement of the Historic District
P1aruler and the Building Official, produce a detrimental effect upon the life and
character of the property itself.
r% r. ;r
Paue 90
2. Examples of such deterioration include, but are not limited to, the following:
i. deterioration of galls or other vertical supports;
ii. deterioration of roofs or other horizontal members;
iii. deterioration of exterior chimneys;
iv. deterioration of crumbling of exterior stucco or mortar;
V. ineffective waterproofing of exterior walls, roof, or foundations, including
broken windows or doors;
vi. deterioration of exterior walls, doors, windows or other means of ulterior access,
so as to create a danger of trespassing; or
vii. deteriorated plumbing and electrical systems affecting the exterior of the
structure; or
viii. deterioration of any exterior feature so as to create a hazardous condition which
could lead to the claim that demolition is necessary for the public safety.
3. The Building Official and Historic District Planner of the City of Georgetown shall
determine the "serious state of disrepair" in accordance with the most current form of
the International Property Maintenance Code.
4. Upon identification of any property in possible violation of this section, the Building
Official shall notify the property owner, or person with interest in the real property, of
the possible violation. Such notification shall be in writing and be mailed by certified
mail, return receipt requested. The notification shall state the nature of the possible
violation with sufficient specificity to enable the owner, or person with an interest in
the real property, to bring the property into compliance with this section. The
notification shall also state that the owner, or person with an interest in the real
property, shall have 90 days to bring the property into compliance with this section,
otherwise the Building Official will seek enforcement of this section under the
provisions of Chapter 1.08 - General Penalty, of the Georgetown Municipal Code.
After the expiration of the 90-day grace period the Building Official and Historic
District Planner will reinspect the property. If the property is still not in compliance
with this section, enforcement proceedings shall begin under Chapter 15.40 -
Dangerous Buildings, of the Georgetown Municipal Code.
5. Should compliance with this section require more than ordinary maintenance and
repair the property owner, or person with interest in the real property, shall still be
subject to Section 3.13 Certificate of Design Compliance.
SECTION 17. Table 5.01.020 "Permitted Uses by Zoning District" is hereby amended as
follows:
• Create two new non-residential zoning districts: MU (Mixed Use) and TOD (Transit
Oriented Development). Permitted uses shall be identified with the language: "See
Section 4.04.020 (H) for the permitted uses within the MU district"; and "See Section
4.04.020 (I) for the permitted uses within the TOD district".
is Rename the C-2, Downtown Commercial district to MU-DT, Mixed Use Downtown
district and prohibit the following uses: "All Major Utilities", "Fuel Service" and
"Vehicle service, Minor".
• Within"Commercial Uses"; "Vehicle Sales and Service"; change "Vehicle sales, rental
or leasing facility" from a "L" (Limited) use within the C-3 zoning district to an "SUP"
(Special Use Permit Required) within the C-3 zoning district.
SECTION 18. Section 6.02 "Residential Development Standards" is hereby amended by
renaming the "C-2, Downtown Commercial" zoning distinct to "MU-DT, Mixed Use
Downtown', as follows:
Section 6.02 Residential Development Standards
6.02.010 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 superceded 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".
SECTION 19. Table 6.02.030 "Housing Type Dimensional Standards" is hereby amended
as follows:
• Delete the requirements for "Required Landscaping, min. %" and "Perimeter Buffer,
minimum feet" and replace with the language "See Chapter 8 - Landscaping and
Bufferiing".
i ko* atoo(owexp
■ Under "NOTE" at the bottom of the Table add the following language: "For properties
greater than five (5) acres in size and / or located over the Edward Aquifer Recharge
Zone shall comply with the Impervious Cover Limitations established in Section 11.02
("Impervious Cover Limitations")".
SECTION 20. Table 6.03.020 "Non -Residential Lot and Dimensional Standards" is hereby
amended as follows:
• Create two new non-residential zoning districts: MU (Mixed Use) and TOD (Transit Oriented
Development). Development standards shall be identified with the language: "See Section
4.04.020 (H) for the development standards within the MU district"; and "See Section 4.04.020
(I) for the development standards within the TOD district".
■ Rename the C-2, Downtown Commercial district to MU-DT, Mixed Use Downtown district
SECTION 21. Section 6.03.040(B)(1) "Non -Residential Lot Dimensions Interpretations and
Exceptions" is hereby amended by adding a reference to the primary facade of the primary
building as follows:
B. Required Yards (Setbacks)
1. Required Build -to Line
The minimum required Build -to Line is the percent of the primary facade of the primary
building required to be built within five feet of the edge of the public right-of-way along the
primary street adjacent to the lot. See definition of "Primary entrance and Building Facade"
in Chapter 16 for application of this provision to multi -building and / or mutt -tenant sites.
SECTION 22. Section 7.03.020(E)(1) "Requirements for Residential Housing Types" is
hereby amended by clarifying that the 15-foot separation applies to primary buildings only, as
follows:
Section 7.03.020 "Requirements for Residential Housing Types"
1. A minimum building separation of 15 feet is required between all primary buildings on the
site.
0, r
SECTION 23. Section7.03 "Residential Design Standards" is hereby amended by adding a
new Section 7.03.060 "Boundary Walls for Residential Subdivisions" as follows:
Section 7.03 Residential Design Standards
7.03.060 Boundary Walls for Residential Subdivisions
Any residential subdivision which is bounded on any side by a major collector, major or minor
arterial, or a freeway as defined by Sections 12.03.010(E), 12.03.010(F), 12.03.010(G), and
12.03.010(H), shall provide a six-foot (6') opaque masonry screening wall along said boundary.
SECTION 24. Table 9.02.030(A) "Off -Street Parking Requirements" is Hereby amended
by deleting the duplication of the general parking requirement for "Place of Worship".
SECTION 25. Section 9.02.060(H) "Other Eligible Alternatives" is hereby amended by
adding the use of tandem spaces as a possible parking alternative, as follows:
9.02.060 Alternative Parking Plans in the Downtown Overlay District
H. Other Eligible Alternatives. The Historic and Architectural Review Commission may approve
any other alternative to providing off-street parking spaces on the site of the subject development
if the applicant demonstrates to the satisfaction of the City that the proposed plan will function
equally well in protecting surrounding neighborhoods, maintaining traffic circulation patterns
and promoting quality urban design than would strict compliance with otherwise applicable off-
street parking standards. Such alternatives may include, but are not limited to, the use of tandem
parking spaces.
SECTION 26. Section 10.03.010(A) "Exempt Signs" is hereby amended as follows:
Section 10.03 Signs Exempt from Regulations
Section 10.03.010 Exempt Signs
A. The following signs shall be exempt from regulation under this Code:
1. Any Public Notice, or warning required by a valid and applicable federal, state, or local
law, regulation, or ordinance;
2. Any sign inside a building, not attached to a window or door, that is not legible from a
distance of more than three feet beyond the lot line of the lot or parcel on which such sign
is located;
3. Holiday lights and decorations with no commercial message, but only between October 16
and January 15;
SECTION 27. Section 10.03.020(H) "Real Estate" is hereby as follows:
10.03.020 Provisionally Exempt Signs
H. Real Estate
One on -premises real estate sign, indicating that a property or any portion thereof is available for
inspection, sale, lease, rent by a Real Estate broker or property owner is permitted in compliance
with the following standards:
1. Sign is non -illuminated.
2. Sign is removed within 15 days after property closing or lease signing.
3. Signs in a residential area do not exceed si-)E two square feet in area by five feet in height
with a two foot setback for each parcel, property, or structure.
4. Signs in a commercial area do not exceed 32 square feet.
5. One additional sign in conformance with other provisions of this Section may be allowed
on a site abutting more than one roadway.
6. Real Estate signs shall comply with the setback and height standards for the Zoning
District in which they are located, pursuant to Table 10.06.010.
SECTION 28. Table 10.06.010 "Sign Dimension by District" is hereby amended as follows:
Table 10.06.010 "Sign Dimensions by District"
® Under the Colurrun "Zoning District" rename "C-2" to "MU-DT"; and within the Column
"Minimum Setback" provide a minimum setback of five (5) feet for all "Flag / Flag Pole"
listings.
SECTION 29. Section 10.07.010(A) "Private Property" is hereby amended by clarifying the
expiration date of a temporary sign as follows:
Section 10.07 Temporary Signs
10.07.010 Private Property
Temporary signs on private property, limited to banners and non-exempt window signs, are
allowed only upon issuance of a Temporary Sign Permit, which shall be subject to the following
requirements:
A. Term
A temporary sign permit allows the use of a temporary sign for no more than 45 days
from date of issuance.
B. Number
Only one temporary sign will be permitted at a time to the same business on the same lot.
C. Other Conditions
A temporary sign is allowed only in designated Districts and is subject to all other
requirements of that District.
OROV A00(VW31
SECTION 30. Section 11.02.010(A) "Impervious Cover Limitation Established" is hereby
amended by clarifying the Code references for Residential and Non -Residential development as
follows:
11.02.010 Impervious Cover Limitation Established
A. Applicability
No property greater than five acres in area platted or developed shall exceed the following
impervious cover limitations on a gross site area basis. Properties under five acres in area 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.
SECTION 31. Section 12.02.020 "General Requirements" is hereby amended by adding a
new section (I) regarding the establishment of public access easements as follows:
Section 12.02 Pedestrian and Bicycle Mobility
12.02.020 General Requirements
I. An easement shall be established to provide for public access for any sidewalk, pedestrian
path / trail / greenbelt, or bicycle trail identified within the City Sidewalk Master Plan,
Overall Transportation Plan or the Parks Recreation and Open Space Master Plan,
SECTION 32. Section 13.01.050 "Subdivision Development Exemption" is hereby
amended by adding the following language "or final plat of a resubdivision of four (4) or fewer
lots" as follows:
13.01.050 Subdivision Development Exemption
The provisions of this Chapter shall not apply to residential development processed as a minor
plat, or final plat of a resubdivision of four (4) or fewer lots, when eighty percent of the adjacent
lots are developed. The development shall provide infrastructure improvements to the same, or
similar, level as the adjacent lots.
SECTION 33. Section 13.04.070(A) "Wastewater Collection Systems" is hereby amended
as follows:
13,04,070 Utilities in Rural Subdivision
A. Wastewater Collection Systems
Wastewater service to rural subdivisions (as that term is used in Section 13.04.010) will normally
be provided through the use of Onsite Sewage Facilities (Septic Systems); however, the City shall
require the installation of improvements required for non -rural subdivision in accordance with
the provisions of Section 13.06, when:
P of
1. An approved public sanitary sewer collection main or outfall line with is within one-half
mile of the furthermost property line of the tract; or ,
2. An approved public sanitary sewer collection main or outfall line is not within one-half
mile of the furthermost property line of the tract, but the extension of a sanitary sewer
collection main or outfall is scheduled in the City's Capital Improvements Program to
occur within five years from the date of Preliminary Plat approval.
SECTION 34. Section 13.06.030(A) "Sanitary Sewer System Required" and (B) "General
Sanitary Sewer System Design" are hereby amended as follows:
13.06 Water and Wastewater Standards
13.06.030 Sanitary Sewer System
A. Sanitary Sewer System Required
Subdividers shall be responsible for providing an approved public sanitary sewer system,
consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots,
parcels, or tracts of land will be served by either an Onsite Sanitary Sewer Facility (Septic
System), or by a public wastewater collection system, as provided in this Section:
1. Where an approved public sanitary sewer collection main or outfall line is less than one-
half mile away from the property boundary and connection to the system is both possible
and permissible, the subdivider shall be required to install a public wastewater collection
system and shall bear the cost of connecting the subdivision to such existing wastewater
collection system.
2. Where an approved public wastewater collection main or outfall line is more than one-
half mile away from the property boundary, and where the extension of a sanitary sewer
collection main or outfall lines is scheduled in the City's Capital Improvements Plan to be
completed to a point within one-half mile away from the property boundary within five
(5) years from the date of the Preliminary Plat approval, the subdivider shall be required
to install a public wastewater collection system and shall bear the cost of connecting the
subdivision to such existing wastewater collection system
3. Where an approved public wastewater collection main or outfall line is more than one-
half mile away from the property boundary, and where the extension of a sanitary sewer
collection main or outfall lines is not scheduled in the City's Capital Improvements Plan to
be completed to a point within one-half mile away from the property boundary within
five (5) years from the date of the Preliminary Plat approval, the subdivider may install
Onsite Sanitary Sewer Facilities to serve each lot.
4. Under extraordinary circumstances (e.g., topography), the City may allow a subdivider to
attempt to demonstrate that the installation of a public wastewater collection system is, on
a per unit, cost -benefit basis, not technically feasible and cost prohibitive as compared to
oft
Page 16. •
an Onsite Sewer System (Septic System) and an Onsite Sewer Facility (Septic System)
should service the property(ies), rather than a public wastewater collection system. The
Georgetown Utility System Advisory Board shall consider the subdivider's analysis and
make a recommendation with regard to same for final determination by the City Council.
B. General Sanitary Sewer System Design
1. All new public sanitary sewer systems shall be designed and constructed to conform with
the City's Construction Standards and Specifications and to operate on a gravity flow
basis.
2. The design and construction of a all sanitary sewer systems, whether consisting of an
Onsite Sewer Facility (Septic System) or connection to an approved wastewater collection
system, shall comply with regulations covering extension of public sanitary sewer systems
adopted by the Texas Commission on Environmental Quality and any entity or agency
having jurisdiction, and with the City's design and construction standards.
3. For new subdivisions required to connect to a public wastewater collection system and
whose intensity level is greater than one (1) lot per acre, the public wastewater collection
system must be designed to operate on a gravity flow basis by taking advantage of natural
topographic conditions and thereby reducing the need for lift stations.
4. For new subdivisions required to connect to a public wastewaer collectin system and
Those intensity level is less than one (1) lot per acre, the public sanitary sewer system may
be designed to operate using low pressure, vacuum, or gravity flow systems by taking
advantage of natural topographic conditions and minimizing the need for lift stations.
5. The main size for wastewater improvements shall be a minimum diameter of 8 inches.
SECTION 35. Section 14.04.010 "Compliance for Nonconforming Strucuures" is hereby
amended by adding new Sections (D) and (E) as follows:
Section 14.04 Nonconforming Structures
14.04.010 Compliance for Nonconforming Structures
D. Whenever the legal use of a nonconforming structure has been discontinued for a period of
twelve months or more all nonconforming rights shall cease. Any use of the structure
following this twelve-month period shall require alteration of the structure in conformance
with the applicable provisions of this Code.
E. Any nonconforming structure that undergoes a change in use from its current use category to
a different use category, as described in Section 16.03, shall be required to bring the following
items into conformance with the provisions of this Code:
1. Off -Street Parking pursuant to Chapter 9;
2. Parking Lot Screening pursuant to Section 8.05.010;
3. Landscaping for Boundary Buffer pursuant to Section 8.04;
4. Sidewalk Installation pursuant to Section 12.02; and
5. Gateway Landscaping (if applicable) pursuant to Section 8.06.
6. Driveway design standards pursuant to Chapter 12,
SECTION 36. Section 16.03.050(F) "Retail Sales and Service" is hereby amended by
moving 'Banks" from "Personal. Service Oriented" to "Sales -Oriented" within the "Examples"
column.
SECTION 37. Section 16.04 "Definitions of Uses" is hereby amended by modifying Item
(2) under the definition of "Restaurant, Fast Food" as follows:
Section 16.04 Definitions of Uses
Restaurant Fast Food. An establishment engaged in the preparation and retail sale of food and
beverages in a ready -to -consume state, with one or more of the following characteristics:
1. it serves ready -to -eat foods, frozen deserts, or beverages in edible or paper, plastic or
disposable containers;
2. it serves foods that customers carry to the restaurant's seating facilities; or
3. it serves foods through a pass -through window, (which includes any and all drive-in
restaurants).
4. For Fast Food Restaurants licensed to serve alcoholic beverages the gross receipts for
alcoholic beverages shall not exceed fifty (50%) percent of the total gross receipts.
SECTION 38. 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 39. 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 40. Tl1is Ordinance shall become effective immediately upon its filial adoption.
PASSED AND APPROVED on First Reading on the 25th day of April 2006.
PASSED AND APPROVED on Second Reading on the 9th day of May 2006.
ATTEST:
Y �yP LS' i
C' tart'
Approved as to Form:
Patricia E. Carls, Brown & Carls, LLP
City Attorney
THE CITY OF GEORGETOWN
elon, Mayor
I. r",r
Page 19 of 19
• i • 111E
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, AMENDING TITLE 10 OF THE CODE OF ORDINANCE OF THE CITY OF
GEORGETOWN, TEXAS RELATING TO VEHICLES ADDING A NEW SUBSECTION
10.04.080 TITLED "VEHICLE IDLING;" REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the local governments within the Austin/Round Rock Metropolitan Statistical Area (MSA)
recognize that air quality monitor readings in the MSA indicate consistent monitored violations of the 8-hour ozone
National Ambient Air Quality Standards (NAAQS) for the past several years; and
WHEREAS, the MSA currently monitors attainment of all Clean Air Act pollutants but is likely to be
subject to a non -attainment designation for ozone by the US Environmental Protection Agency (EPA) prior to 2007;
and
WHEREAS, EPA Region 6, the Texas Commission on Environmental Quality (TCEQ) and 12 local
governments from the MSA entered into an Early Action Compact that should result in attainment of the 8-hour
ozone NAAQS sooner than required under the standard non -attainment process, thereby benefiting public health;
WHEREAS, the EAC is a
memorandum of agreement between the local governments,
EPA and TCEQ to
develop
and implement a detailed
Clean Air Action Plan (CARP) to attain the 8-hour ozone
NAAQS by 2007
through
measures implemented in a
fair and equitable manner throughout the five -county region;
and
WHEREAS, the EAC and CAAP would achieve significant region air quality and public health benefits by
implementing ozone pollution control measures and attaining the 8-hour ozone NAAQS before otherwise required
by the Federal Clean Air Act
WHEREAS, the City Council of the City of Georgetown, Texas resolved on February 24, 2004 in
Resolution Number 022404-X that the City of Georgetown supports the EAC and the Clean Air Action Plan for the
Austin/Round Rock MSA and the implementation of the ozone pollution control measures in that plan and should
result in local attainment of the 8-hour ozone NAAQS by 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS that:
SECTION 1. The facts and recitation 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 following Century Plan — Policy
Plan Elements:
Policy Statement 2.0: "Georgetown's natural and physical resources are managed so that citizens
enjoy the benefits of economic and social development."
Policy Statement 9.0: "Citizens and commercial goods move safely and efficiently throughout all
parts of the City" and
Further
finds that the enactment
of this ordinance is not inconsistent
or in conflict with any other Century
Plan Policies, as
required by Section 2.03
of the Administrative Chapter of the
Policy Plan.
Ordinance No. goo&`35
Vehicle Idling
Page i of 4
SECTION 2. The City Council of the City of Georgetown hereby amends Title 10 VEHICLES AND
TRAFFIC to add a new Subsection 10.04.080 "Vehicle Idling" as follows;
Section 10.04.080 Vehicle Idling
10.04.080 A) Definitions of Idlin:~
When used in this Section, the following words, terms and phrases shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
(1) Commercial Passenger Transportation — mode of transportation provided by a bus or
motorcoach designed to accommodate more than ten (10) passengers, including the
operator, for compensation, and that is powered by primary propulsion engine and does
not include railroad, light rail, or taxicabs.
(2) Idle — The operation of an engine in the operating mode where the engine is not engage in
gear, where the engine operates at a speed at the revolutions per minute specified by the
engine or vehicle manufacturer for when the accelerator is fully released, and there is no
load on the engine.
(3) Mechanical Operations — Use of electrical tools or equipment in construction,
maintenance, or repair of facilities.
(4) Passenger Transit Operations — Regional mode of public transportation that is funded
through a portion of sales tax for such region being served.
(5) Primary Propulsion Engine — A gasoline or diesel -fueled internal combustion engine
attached to a motor vehicle that provides the power to propel the motor vehicle into
motion and maintain motion.
B) Applicability
This article applies during the period of April I through October 31 of each year.
C) Idling Prohibited
No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to
idle for more than five (5) consecutive minutes when the motor vehicle is not in motion.
D) Affirmative Defense
(1) The following constitute defenses to prosecution under this ordinance:
a) The motor vehicle has a gross vehicle weight rating of 14,000 pounds or less;
b) The motor vehicle is/was forced to remain motionless because of traffic conditions
over which the operator has no control;
c) The motor vehicle being used by the United States military, national guard, or
reserve forces, or as an emergency or law enforcement motor vehicle;
d) The primary
propulsion
engine of
the
motor vehicle provides a
power source
necessary
for
mechanical
operation,
not
including (i) propulsion and
(ii) passenger
Ordinance No. 0.&n35
Vehicle Idling
Page 2 of 4
compartment heating or air conditioning.
e) The primary propulsion engine of the motor vehicle is being operated for
maintenance or diagnostic purposes;
f) The primary propulsion engine of a motor vehicle is being operated solely to defrost
a windshield;
g) The primary propulsion engine of a motor vehicle is being used to supply heat or air
conditioning necessary for passenger comfort/safety in those motor vehicles intended
for commercial passenger transportation or school buses in which case idling up to a
maximum of thirty (30) minutes is allowed;
h) The primary propulsion engine of a motor vehicle is used for passenger transit
operations in which case idling up to a maximum of thirty (30) minutes is allowed;
or
i} The primary propulsion engine of a motor vehicle is being used as airport ground
support equipment.
(2) Burden of Proof
For any violation of Section 10.04.080, the person seeking to establish an affirmative defense
shall have the burden of proving by a preponderance of the evidence that an event that would
otherwise be a violation of Section 10.04.080 was caused by one of the affirmative defenses
allowed in Section 10.04.080.D(1).
E) Penalty
(1) An offense under this Section is a Class C misdemeanor, punishable by a fine not to exceed Five
Hundred Dollars ($500.00).
(2) Prosecution of an offense under this Section does not preclude other enforcement remedies that
may be available to the City.
(3) Proof of a culpable mental state is not required for a conviction of an offense under this Section
(4) Each instance of a violation of this Section is a separate offense.
SECTION 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of
Georgetown, and this ordinance shall not operate to repeal or affect any such other ordinances, except insofar as the
provisions thereof might be inconsistent or in conflict with the provisions thereof might be inconsistent or in conflict
with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or
ordinances are hereby superseded.
SECTION 4. If any provision of this ordinance 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. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance
shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the
provisions of the Charter of the City of Georgetown.
Ordinance No. A1 04:)'` 35
Vehicle Idling
Page 3 of 4
PASSED AND APPROVED on First Reading on thet0b" �ay of A ri 2006.
PASSED AND APPROVED on Second Reading on theCJ4�h day of' 2006.
THE CITY OF GEORGETOWN:
Approved as to form:
� r
1 <
Patricia E. Carls
City Attorney
Ordinance No. 00&f 435
Vehicle Idling
Page 4 of 4
Attest:
ORDINANCENO..cr,
An Ordinance of the City Council of the City of Georgetown, Texas
Amending Chapter 12.40 of the Code of Ordinances Pertaining to the
Regulation of "City Cemeteries" to Allow the City Manager to Set Lot
Sale Prices and Other Fees; to Establish a "Cemetery Maintenance
Fund;" to Allow "Double Stacking"' on Certain Lots in the 1993
Addition of the Cemetery; Repealing All Ordinances and Parts of
Ordinances in Conflict Herewith; Including a Severability Clause; and
Establishing an Effective Date.
WHEREAS, the City of Georgetown finds it necessary to amend its ordinance relating
to city cemeteries to update provisions and fees and to allow double stacking on certain
lots in the 1993 addition of the cemetery; and
WHEREAS, the City of Georgetown finds that amending the ordinance is necessary to
protect the public health, safety, and welfare of the citizens of the City of Georgetown.
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 thereof, as if copied verbatim. The City Council
hereby finds that this ordinance implements the following Century Plan Element.
1.0 The community enjoys the benefits of well -planned land use in which
conflicting needs are balanced.
The City Council further finds that the enactment of this ordinance is not inconsistent or
in conflict with any other Century Plan Policies, as required by section 2.03 of the
Administrative Chapter of the Policy Plan.
SECTION 2: Chapter 12.40 "City Cemeteries," Section 12.40.040 "Payment for lot
prerequisite to use" of the Code of Ordinances is hereby amended as follows:
Ordinance No.
Revisions to Chapter 12.40 City Cemetery
Page 1 of 3
CHAPTER 12.40, CITY CEMETERIES
Sec.12.40.040. Payment for lot prerequisite to use.
No burial will be allowed in any cemetery lot until the purchase price of such lot
and any other charges have been paid in full. The purchase price of a lot and any other
cemetery fees shall be as established by the City Manager, and subject to review by the
City Council during the annual budget process.
SECTION 3: Section 12.40.045 "Sale of lots in 1980 addition" is deleted and replaced as
follows:
Section 12.40,045. Sale of certain lots in 1993 addition of cemetery.
Certain lots in the 1993 addition of the cemetery will allow for double stacking of
caskets. All portions or parts of the permanent burial container shall be at least one foot
below the surface of the surrounding ground level.
SECTION 4: Section 12.40.290 "Cemetery Maintenance Fund Established" is added to
Chapter 12.40 "City Cemeteries" as follows:
Section 12.40.290 Cemetery Maintenance Fund Established.
The City Council hereby authorizes the City Manager to create a "Cemetery
Maintenance Fund" whereby the City Manager will solicit donations for maintenance
needs at the cemetery from all existing families that have relatives buried in the
cemetery. The Cemetery Maintenance Fund shall be administered by the City Manager,
or his designee, and shall only be used to finance maintenance and upkeep of the
cemetery as necessary.
SECTION 5: This ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Georgetown, and this ordinance shall not operate to
repeal or affect any of such other ordinances, except insofar as the provisions thereof
might be inconsistent or in conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any in such other ordinance or ordinances are hereby
superseded.
Ordinance No. & -
Revisions to Chapter 12.40 City Cemetery
Page 2 of 3
SECTION 6: If any provision of this ordinance 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 7: The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective and be in full force and effect
in accordance with the provisions of the Charter of the City of Georgetown.
PASSED and APPROVED on First Reading on the6 55- "6day of p
Lfl, 2006.
PASSED and ADOPTED on Second Reading on theg4'h day ofPTIOU f 2006.
CITY OF GEORGETOWN, TEXAS
10
ATTEST:
SaR�e,
y Secretary
APPROVED AS TO FORM:
r
Patricia E. Carls, Brown & Carls, L.L.P.
City Attorney
Ordinance No. e9- a(s "
Revisions to Chapter 12.40 City
Page 3 of 3
ORDINANCE NO, t iD " 33
An Ordinance of the City Council of the City of Georgetown,
Texas Amending Chapter 2.100 of the Code of Ordinances
Repealing Provisions Relating to the Economic Development
Commission and Replacing Those Provisions with Provisions
Establishing a New Economic Development Advisory Board;
Stating the Number, Term and Qualifications Board Members;
Requiring an Operating Plan; Stating the Purpose of the Board;
Describing the Reporting Structure for the Board; Approving
the Board's 2006 Operating Plan; Providing a Repealing Clause
and Severability Clause; and Establishing an Effective Date.
WHEREAS, in 2001 the City Council created the Economic Development Commission
("EDC"), and its present eleven (11) members are as follows: Persons representing the
Georgetown Independent School. District, Southwestern University, Williamson County
government and the Chamber of Commerce. Five (5) members appointed from applicants
representing the following organizations or industries: professional; manufacturing industry,
financial industry; downtown business district; the tourism and lodging industry; retail;
construction industry; development; transportation industry; and service industries. Two (2)
places filled by citizens -at -large; and
WHEREAS, the purpose of the original EDC was to coordinate with and make
recommendations to the City Council regarding workforce training, tourism opportunities,
business assistance and business recruitment and retention in the community; and
WHEREAS, the EDC created a Strategic Plan that was approved in January 2002, as well as
Policies and Guidelines to define the working relationship between the EDC, the City's Economic
Development Department, and the roles of the City staff and EDC members; and
WHEREAS, the recommendations of the Strategic Plan relating to City department
restructuring were implemented and the City Manager has reorganized City departments,
separating tourism and Main Street functions from economic development, resulting in a larger
and more effective Economic Development Department. An Economic Development Action Plan
has also been developed; and
WHEREAS; in May 2001, the voters of the City of Georgetown, Texas approved a
proposition relating to the adoption of a sales and use tax within the City at the rate of one-half
of one percent, with the proceeds to be used and applied for project costs for streets, roads,
drainage and other transportation system related improvements, including the payment of
maintenance and operating expenses associated with such authorized projects, as authorized by
Ordinance No. 00(0+ 33
Page 1 of 5
Economic Development Commission Restructuring — Creation of Economic Development Advisory Board
Section 4B of the Development Corporation Act of 1979, as amended (Article 5190.6 Vernon's
Tex. Rev. Civ. Stat. Ann.) (the "Act"). The City Council therefore approved amendments to the
Articles of Incorporation to rename the Georgetown Enrichment Corporation as the
Georgetown Transportation Enhancement Corporation," and to make other amendments
consistent with Section 4B of the Act and the results of the May 2001 election (the "Articles of
Amendment"); and
WHEREAS; on May 7, 2005, the voters of the City of Georgetown, Texas approved a
proposition relating to the adoption of a sales and use tax within the City for the promotion and
development of new and expanded business enterprises at the rate of one -eighth of one percent
and the adoption of an additional sales and use tax within the City at a rate of one -eighth of one
percent to be used to reduce the property tax rate, as authorized by Section 4A of the Act. The
City Council therefore approved Articles of Incorporation creating the Georgetown Economic
Development Corporation (GEDCO) pursuant to Section 4A of the Act; and
WHEREAS, the work of the EDC, the City's Economic Development Department, and the
City Manager, and the creation of GTEC and GEDCO caused the EDC to re -assess its purpose, and
after considering the issues at its November 19, 2005 retreat, the EDC voted at its meeting on
February 23, 2006 to recommend that the City Council revise Chapter 2.100 of the Code of
Ordinances to change the membership and purpose of the EDC, and rename the entity consistent
with its new purposes; and
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on
2006, in compliance with the City Charter of the City of
Georgetown; 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 following elements of the Century Plan Policy Plan and that the
enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies,
as required by Section 2.03 of the Administrative Chapter of the Policy Plan:
Policy Statement 10. Georgetown s citizen's and businesses enjoy an attractive community
with a unique sense of place and a positive, identifiable image, at a cost which is consistent
with other city social and economic activities.
Policy Statement 14. A high level of cooperation and involvement exists among
Georgetown's citizens and governmental organizations.
Ordinance No. A 00 & - *33
Page 2 of 5
Economic Development Commission Restructuring - Creation of Economic Development Advisory Board
SECTION 2. Chapter 2.100 of the City of Georgetown Code of Ordinances is hereby
repealed in its entirety and replaced with the following:
CHAPTER 2.100
ECONOMIC DEVELOPMENT ADVISORY BOARD
SEC. 2.100.010., CREATED --MEMBERSHIP.
A. Name. The Economic Development Commission originally created by
Ordinance No. 2001-17 is hereby abolished, and there is created in its place a new
Economic Development Advisory Board ("EDAB") that shall be governed by this
Chapter.
B. Members and Terms. The EDAB will consist of seven (7) regular members,
the initial seven (7) of whom shall be former members of the Economic
Development Commission. The initial terms of the initial seven (7) board members
shall be equivalent to the length of that member's remaining term had the
Economic Development Commission continued in existence. Thereafter, each new
member shall serve terms two (2) years in length, and terms shall be staggered so
that the terms of four (4) members expire in one year, and the terms of three (3)
members expire in the following year, and continuing in that manner for
subsequent appointments.
C. Qualifications of Members. At least one Commissioner shall have
experience in each of the following areas:
1. Business Retention and Expansion
2. Land and Property
3. Business Recruitment
4. Inter -Business and Inter -Governmental Entity Relations
5. Retail
b. Infrastructure
The remaining member shall be appointed as a citizen -at large position.
SEC. 2.100.020. PURPOSE,
A. Creation of Operating Plan. The EDAB shall prepare an Operating Plan
and present such Operating Plan to the City's Director of Economic Development
and the City Manager for their consideration. The City's Economic Development
Director and City Manager may recommend modifications, amendments or
revisions to the Operating Plan. After addressing the comments of the City's
Director of Economic Development and the City Manager, the Operating Plan shall
be presented to the City Council for consideration. Tlae Operating Plan shall be
Ordinance No. c2 00 to -33
Page 3 of 5
Economic Development Commission Restructuring - Creation of Economic Development Advisory Board
reviewed at least annually by the EDAB, and any suggested revisions shall be
forwarded to the City's Director of Economic Development and the City Manger
for their consideration. The City's Economic Development Director and City
Manager may recommend modifications, amendments or revisions to the amended
Operating Plan. After addressing the comments of the City's Director of Economic
Development and the City Manager, the amended Operating Plan shall be
presented to the City Council for consideration. Any changes to an Operating Plan
from a previously approved Operating Plan shall be explained in an executive
summary.
B. Council Approval of Operating Plan. The City Council shall consider the
Operating Plan at a regular or specially called meeting and may approve the
Operating Plan in whole or in part, or modify the Operating Plan in whole or in
part.
C. Implementation of Operating Plan. The Operating Plan as finally
approved by the City Council shall serve to guide the EDAB's activities, and the
EDAB shall work to implement the Operating Plan as finally approved by the City
Council.
D. Reporting Structure. The EDAB is responsible to and shall act as an
advisory body to the City's Economic Development Director and the City Manager.
The EDAB shall have no final decision making authority or authority to bind the
City in any way.
SECTION 3 The EDAB's 2006 Operating Plan that is attached hereto as "Exhibit A" is
hereby approved by the City Council.
SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect."
SECTION 5. If any provision of this ordinance 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 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This Ordinance shall become effective and be in full force in accordance with the
provisions of the Charter of the City of Georgetown.
Ordinance No. c2 00 a 3
Page 4 of 5
Economic Development Commission Restructuring - Creation of Economic Development Advisory Board
PASSED AND APPROVED on First Reading on thec"2.-day of 4rld 2006,
PASSED AND APPROVED on Second Reading on the Ot4 day off 2006.
ATTEST:
ndTaT:" e, i Secretary
d t� aa� I +
?PROVED AS TO FORM:
Patricia E. Carls, City Attorney
Brown & Carls, LLP
THE CITY OF GEORGETOWN
By:
N*, n, Mayor
Ordinance No. 90049 ' .33
Page 5 of 5
Economic Development Commission Restructuring - Creation of Economic Development Advisory Board