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HomeMy WebLinkAboutORD 2006-113 - UDC Relating to HARC AppealsOrdinance No. c2 00(0 ` /i-w*53 An Ordnance 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: Table 2.01.020, Sections 2.04.010 (A)(2) and 3.13.080 Relating to Appeals from Decisions of the Historical and Architectural Review Commission; 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 recognizes the importance of an efficient and balanced review process for Certificates of Design Compliance; and Whereas, the adopted Unified Development Code currently identifies the Zoning Board of Adjustment as the Appeal Authority from decisions of the Historic and Architectural Review Commission on Certificate's of Design Compliance; and Whereas, establishing the City Council as the Appeal Authority for Certificate's of Design Compliance is an effort to further improve the Certificate of Design Compliance review process; and Whereas, the City Council directed staff to prepare the subject amendments to the UDC at their regular meeting of October 10, 2006 and Whereas, the Planning and Zoning Commission conducted a Public Hearing on the amendment at their regular meeting of November 7, 2006 and recommended approval of the amendment to City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the Century Plan as follows: Policy 1.0: The community enjoys the benefits of well - planned land use in which conflicting needs are balanced. Goal: Develop policies which enhance the quality of life for the community while preserving the unique character and natural resources. Strategy: Implement the Unified Development Code (UDC) to ensure consistency of the City's development ordinances to preserve the character of the community. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Table 2.01.020 "Summary of Review Authority" is hereby amended by deleting the Zoning Board of Adjustment (ZBA) as the Appeal Authority for Certificates of Design Compliance and adding the City Council as the Appeal Authority for Certificates of Design Compliance. SECTION 3. Section 2.01.040 (A)(2) is hereby deleted, removing "Appeal of a Certificate of Design Compliance" from the Zoning Board of Adjustment's final action authority. SECTION 4. Section 3.13.080 is hereby amended to remove the Zoning Board of Adjustment as the appeal authority for Certificates of Design Compliance and adding the City Council as the Appeal Authority for Certificates of Design Compliance to read as follows: 3.13.080 Appeals A person aggrieved by a final action on a Certificate of Design Compliance may appeal to the City Council, pursuant to the procedures set forth below. Such appeal shall be submitted to the Director within 30 days of the final action. A. Appeal Hearing The Hearing shall be set for the next available City Council meeting, subject to the provision of public notification. Notification shall be provided in the same manner as the initial Certificate of Design Compliance, B. Burden of Proof in Appeals When an appeal is taken to the City Council, the Historic and Architectural Review Commission's action is presumed to be valid. The person filing the appeal shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. C. Findings and Conclusions All findings and conclusions necessary to the appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a Court of Law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the City Council may reverse or affirm, in whole or in part, or modify the Commission's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the City Council has the same authority as the Historic and Architectural Review Commission. D. Decision on Appeal The City Council shall review the application, the Director's report, conduct a Hearing in accordance with the Council's established procedures and state law, and take final action on the appeal. It shall require a concurring vote of a majority of the City Council members present to overturn an Historic and Architectural Review Commission decision on a Certificate of Design Compliance. SECTION 5. 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 6. 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 7. This Ordinance shall become effective immediately upon its final adoption. PASSED AND APPROVED on First Reading on the 24th day of October 2006. PASSED AND APPROVED on Second Reading on the 14th day of November 2006. ATTEST: City Secretary Approved as to Form: Y 4 Patricia E. Carls, Brown & Carls, LLP City Attorney THE CITY OF GEORGETOWN