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HomeMy WebLinkAboutORD 2005-32 - Unified Dev CodeAN 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: 1.14; TABLE 2.01.020; 2.02.010; 2.04.010; 3.08.050); 3.13.010% 3.16; 4.06.020; TABLE 5.01.020; 5.02.120% 5.02.140; 6.01.030; TABLE 6.03.020; 7.04.030; 8.02.020; 8.05; TABLE 9.02.030; 9.02.060; 10.03.020; 10.06.030; 10.06.040; 10.06.050; 11.02.020; 11.03.050; 11.03.060; 11.05.030; 12.02.020; 12.03.010% 12.04.020; 13.01; 13.05.010; 13.07; 16.04 AND 16.05; 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 2, 2004; and WHEREAS, the City Council approved the list of proposed UDC amendments at their meeting of November 9, 2004; 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 10 and March 24, 2005 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 51 2005 to consider a recommendation to the CityCouncil on these UDC amendments; and WHEREAS, the Planning and Zoning Commission at their meeting of April 5, 2005 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 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. October 2004 UDC Amendments Page 1 of 18 Ord., 01005ft 32�w 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. Section 1.14 "Downtown Design Guidelines" is hereby amended to read as follows: Section 1.14 Downtown Design Guidelines The Downtown Design Guidelines, adopted as Ordinance No. 2001-48 as amended from time to time, is hereby adopted by reference as if set forth in full. The Design Guidelines establish criteria to guide improvements to properties and work within the Downtown Overlay District. SECTION 3. Table 2.01.020 "Summary of Review Authority" is hereby amended to: delete the Planning Director as a "Review or Recommendation" authority for Administrative Exceptions; delete the ZBA as a "Decision Make" far Administrative Exceptions; and, add the Planning Director as the "Decision Maker" for Administrative Exceptions. SECTION 4, Section 2.02.010 (13)(1) and (13)(2) are herebyamended as follows: 2.02.010 Director of Planning and Development Services (Director) 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. Temporary Use Permits e. Master Sign Plans f. Administrative Exception October 2004 UDC Amendments Page 2 of 1800y/y+ 2. Review and Report The Director shall review and make either a report or recommendation to the Historic and Architectural Review Commission, Zoning Board of Adjustment, Planning & Zoning Commission or City Council on the following procedures, subject to the terms and conditions set forth for such procedures in this code. a. Comprehensive Plan Amendment b. Unified Development Code Text Amendment c. Zoning Map Amendment (Rezoning) d. Historic District Designation e. Special Use Permit f. Certificate of Design Compliance g. Preliminary Plat Review SECTION 5, Section 2.04.010 is herebyamended as follows: Section 2.04 Zoning Board of Adjustment (ZBA) 2.04.010 Powers and Duties The Zoning Board of Adjustment has the powers and duties set forth in Chapter 211 of the Texas Local Government Code. The Zoning Board of Adjustment's jurisdiction extends to and includes the following specific powers and duties: A. Final Action The ZBA shall be responsible for Hearing and taking final action on the following procedures described in this Code. 1. Appeal of an Administrative Decision (Zoning) 2. Appeal of a Certificate of Design Compliance 3. Variance (from zoning standards of this Code) October 2004 UDC Amendments Page 3of18 SECTION 6. Section 3.13.010 (E), (F) and (G) are herebyamended as follows: 3.13.010 Applicability E. Certificate of Design Compliance for Certain Infill Development Any new construction or additions that are proposed adjacent to an existing single-family or multi -family residential structure, shall be subject to review by the Historic and Architectural Review Commission for a Certificate of Design Compliance to ensure that the proposed construction sensitively relates to the residential and transitional character of the neighborhood and surrounding structures. F. Definitions Definitions are those in the Design Guidelines for the Downtown Overlay District and in the Historic Resources Survey of Georgetown, Texas. • High Priority. Any structure designated a high priority in the Historic Resources Survey of Georgetown, Texas by Hardy, Heck & Moore, 1984 as amended from time to time by the Preservation Officer to reflect an updating of the List. G. Database of High Priority Structures A database of the addresses of the high priority structures shall be maintained by the Planning and Development Services Division. The Preservation Officer shall be notified by the permit personnel of a request for demolition or relocation permit based on the Historic Database and shall place the item on the first available HARC agenda. No permit shall be issued until an application for a Certificate of Design Compliance is approved by HARC. SECTION 7. Section 3.16 is herebyamended as follows: Section 3.16 Administrative Exception 3.16.010 Applicability A. In order to provide a method, by which human error may be corrected, Administrative Exceptions may be permitted. Administrative exceptions are specified deviations from otherwise applicable development standards where development is proposed that would be: 1. Compatible with surrounding land uses. 2. Harmonious with the public interest. 3. Consistent with the purposes of this code. B. The Director shall have the authority to authorize an adjustment of up to ten percent of any numerical standard set forth in this Code. No administrative adjustment shall increase the number of units that would be permitted on the parcel Wthout the Administrative Exception. October 2004 UDC Amendments Page 4 of 18 C. Administrative Exceptions require compliance with all other elements of this code not specifically relieved by the Administrative Exception, D. Administrative Exceptions require compliance with all other elements of this code not specifically relieved by the Administrative Exception, 3.16.020 Approval Criteria To approve an application for an Administrative following criteria are met: Exception, the Director must determine that the A. That granting the Administrative Exception serves an obvious and needed purpose. B. That granting the Administrative Exception will ensure an equal or better level of land use compatibility as the otherwise applicable standards. C. That granting the Administrative Exception will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations. D. That granting the Administrative Exception will be generally consistent with the purposes and intent of this Unified Development Code, 3.16.030 Responsibility for Final Action The Director is responsible for final action on Administrative Exceptions. SECTION 8. Section 4.06.020 (A) is herebyamended as follows: 4.06.020 Development Regulations The development regulations of the under lying District shall apply, except where such regulations are in conflict with the adopted Design Guidelines and as expressly set forth below: A. Height — General Rules 1. Building height in the Downtown Overlay District shall not exceed 40 feet, unless approved by the HARC in accordance with the following procedures set forth in Section 4.06.020(B), below. 2. Buildings located along the portion of Austin Avenue that lies within the boundaries of the Downtown Overlay District shall be at least 2 usable stories in height with an overall building height of not less than 20 feet, subject to compliance with the Courthouse View Protection Overlay District of Section 4.09, and unless approved by the HARC in accordance with the procedures set forth in Section 4.06.020(B), below. rJ17CNwr7)=1 MUMS Page 5 of 18 00.E B. Height — Requests for Height Exceptions 1. Applicants requesting exceptions to the building height standards set forth in Section 4.06.020(A) shall submit documentation to the HARC that the following standards will be met if the requested exception to the height standards is approved: a. The proposed building or addition shall not obscure views to and from the Courthouse or overwhelm or detract from views of the Town Square Historic District; b. The proposed building or addition shall be compatible with the height, scale, massing and volume reflected in the Downtown Overlay District and shall not conflict with the historic character of the District; and c. The proposed building shall be an extraordinary contribution to the aesthetic and economic goals of the Downtown Master Plan. 2. The documentation required by Section 4.06.020(B)(1) shall include, ata minimum, the following information: a. A visual analysis that identifies: The extent to which the building would impact views to and from the Courthouse, and to what extent the building will be visible from 4 directions; and ii. How the building will relate to the context of the surrounding structures and the character of the District; and b. A summary of the conclusions of the visual analysis as to how the proposed building will impact the District, specifically the immediate surroundings. 3. The HARC may grant a request for a variation in height from the standards set forth in Section 4.06.020(A) only if it determines that the following goals or purposes will still be achieved: a. Views to and from the Courthouse and to and from the Town Square Historic District will be protected; and b. The character of the Downtown Overlay District and the Town Square Historic District will be defined, reinforced, and preserved; and c. The relationship of the proposed project to the existing structures in the immediate vicinity remains consistent; and d. The proposed project allows for the best utilization of redevelopment in the Downtown Overlay District and the Town Square Historic District; and e. The proposed project protects the historic buildings in the Downtown Overlay District. Wort .- INFA�• j - . Page . of OW ! 2_ C. Notwithstanding the provisions of Section 4.060.020(8), no requests for building height exceptions will be allowed for new buildings proposed to be constructed on properties where a building contributing to the Williamson County Courthouse Historic District, or any building individually listed on the National Register of Historic Places that is within the Downtown Overlay District has been demolished or otherwise removed. In addition, all proposed demolition and removal shall be subject to the procedures set brth in Section 3.13.040. A list of the properties within the Downtown Overlay District and the Town Square Historic District that are individually listed on the National Register of Historic Places, or are contributing structures to the Williamson County Courthouse Historic District, is maintained within, and available from, the offices of the Director. D. Setbacks Building setbacks adjacent to public rights-of-way in the Downtown Overlay District shall generally be assumed to be zero feet, or "built to" the right-of-way line. The Historic and Architectural Review Commission shall review such setbacks on a case-by-case basis in accordance with the adopted Design Guidelines. E. Parking There shall be no off-street parking requirement in Area 1 of the Downtown Overlay District. In Area 2 of the Downtown Overlay District, the parking standards of Table 8.09.030 A shall apply. Alternative parking plans, as described in Section 9.02.050 of this Unified Development Code may be used. F. Signs The sign standards shall be those contained within the Downtown Design Guidelines. In the event that no standards exist, the standards in this Unified Development Code shall apply, and may be modified in order to more accurately reflect the express language or the intent of the Design Guidelines in regard to signs. G. Landscaping and Buffering Site landscaping requirements shall be those contained within the Downtown Design Guidelines, SECTION 9. Table 5.01.020 is hereby amended as follows: "Wireless Transmission Facilities (Under 120 feet)" are added as an "S" (Special Use Permit Required) within the "IN", Industrial district; "Wireless Transmission Facilities (Over 120 feet)" are added as an "S" (Special Use Permit Required) within the "IN", Industrial district; and, "Office" is added as a "P" (Permitted by right) within the "OF", Office district. SECTION 10. Section 5.02.120 is hereby amended by adding (C) as follows: 5.02.120 Bar or Lounge A bar or lounge is permitted in accordance with the Use Table in 5.01.030 and subject to the following standards: October 2004 UDC Amendments Page 7 of 18 O 0051 2L A. A bar or lounge shall be located no less than 300 feet from a church, public or private school, or public hospital. B. A bar or lounge may be established no closer than 750 feet from an existing bar or lounge. C. Bars and / or lounges are subject to the prousions of Chapter 6.40 "Alcoholic Beverages" of the Georgetown Municipal Code, SECTION 11. Section 5.02.140 (13)(1)(c) is here byamended as follows: 5.02.140 Bed and Breakfast A Bed and Breakfast establishment is permitted in accordance with the Use Table in 5.01.030 and subject to the following standards: B. In Residential Districts 1. Bed and Breakfast establishments in any Residential District shall be subject to the following additional standards: a. A maximum of six guestrooms shall be provided in any one Bed and Breakfast establishment. b. The operator of the Bed and Breakfast shall be a full-time resident of the dwelling in which the Bed and Breakfast establishment is housed. c. No exterior evidence of the Bed and Breakfast shall be allowed, except for one attached sign no larger than twelve square feet and one monument sign as allowed for Non -Public and Non -Civic Uses in the RS District per Table 10.06.010. No additional advertising of any kind is allowed on site. d. A Temporary Use Permit in accordance with Section 3.11 is required for any party, reception, event or similar function that is anticipated to draw more than the 15 total guests (including overnight guests) to the Bed and Breakfast. Parties, receptions, events or similar functions, subject to the Temporary Use Permit provision, shall be limited to a total of six (6) such functions per calendar year. Such events shall be limited to the interior of the Bed and Breakfast facility. SECTION 12 6.01.030 Applicability Section 6.01.030 (B) is herebyamended as follows: A. Within City Limits All areas within the City Limits are subject to all provisions of this Chapter, based on the underlying Zoning District of the parcel. October 2004 UDC Amendments Page 8 of 18 A006 B. Within Extraterritorial Jurisdiction All land within the City's extraterritorial jurisdiction must meet the following minimum requirements of Section 6.01.040 (B) and (C) of this Chapter. SECTION 13, Table 6.03.020 is hereby amended as follows: a reference (***) has been added to "Building Height, maximum feet" directing projects within the Downtown Overlay District to Section 4.06.020 (A) for special height provisions; and, reference (**) regarding impervious cover within the Downtown Overlay District has been amended to read: "**For projects in the Downtown Overlay District impervious coverage may be increased to 95% subject to approval by the Historic and Architectural Review Commission' . SECTION 14. Section 7.04.030 (C)(1) has been amended as bllows: 7.04.030 Building Mass, Articulation and Building Elements C. Alternative Building Articulation To provide flexibility in the attainment of building articulation, and as an alternative to the formula provided in Section 7.04.030 (B), an applicant may elect to utilize the following guideline. 1. Building frontage greater than 100 feet in length shall have offsets, stepped back heights and roofs with regular width or varied wall surfaces. SECTION 15, Section 8.02.020 is herebyamended by adding (F) as follows: 8.02.020 Landscaped Area A parcel's landscaped area shall be calculated as a percentage of impervious cover. The following may count towards meeting the Landscaping and Tree Canopy requirements: A. Any area improved with landscaping by the property owner as described in Section 8.02.040. B. Undisturbed vegetative areas. C. Undeveloped land within floodplain -restricted areas. D. Up to 25 percent of paved parking areas where constructed with brick pavers or pervious pavement systems as approved by the Director. E. All street trees planted within the adjacent right of way. F. Overlay District plantings, street trees within the property line, and parking lot trees. October 2004 UDC Amendments Page 9 of 18 SECTION 16. Section 8.05 is herebyamended as follows: Section 8.05 Screening The following screening requirements apply to all development except Single -Family and Two - Family Residential Development. All planting materials used for screening purposes shall be an evergreen species. SECTION 17. Table 9.02.030 (A) is hereby amended as follows: the General Requirements for the Use Category of "Eating Establishments" is amended to read 1 per 75 sq. ft. of Seating Area including Outdoor Seating Areas"; and, within the Use Category of "Other Uses" the "Downtown Overlay District" has been added with the "Specific Use" of "Non -Residential Development within Area District 2 of the Downtown Overlay District" the "General Requirements" for which read as follows "Non -Residential Development shall be parked at a ratio of 1 per 500 square feet. Residential Development shall be parked consistent with the specific standards for Residential Uses." SECTION 18. Section 9.02.060 (E)(2) is herebyamended as follows: 9.02.060 Alternative Parking Plans in the Downtown Overlay District E. Off -Site Parking. The Historic and Architectural Review Commission may approve the location of required off-street parking spaces on a separate lot from the lot on which the principal use is located if the off-site parking complies with all of the following standards. 1. Ineligible Activities. Off-site parking may not be used to satisfy the off-street parking standards for residential uses (except for guest parking), convenience stores or other convenience -oriented uses. Required parking spaces reserved for persons with disabilities may not be located off-site. 2. Location. No off-site parking space may be located more than 900 feet from the primary entrance of the use served (measured along the shortest legal pedestrian route) unless remote parking shuttle service is provided. Off-site parking spaces may not be separated from the use served by a street right-of-way with a width of more than 80 feet, unless a grade -separated pedestrian walkway is provided, or other traffic control or remote parking shuttle service is provided. SECTION 19. Section 10.03.020 (B), (C), (K) and (Nj are hereby amended as follows: 10.03.020 Provisionally Exempt Signs The signs listed below may be erected without a sign permit provided that standard of this Section shall be met. B. Construction Site These signs shall not exceed a total of 100 square feet or the total area permitted under Section 10.06.010. Such signs shall be removed within one week following completion of the work. "Construction site" sign is defined as a temporary sign that states the name of the developer and contractor(s) working on the site and any related engineering, architectural, or financial firms involved with the project. October 2004 UDC Amendments Page 0 of 18 O , 0 f C. Directional The sign shall not exceed four feet in height and two square feet in sign face area. The sign may be used to direct vehicles or pedestrians. These signs are not to be used for the purposes of advertisement. K. Window Signs/Advertising Posters A sign posted, painted, placed, or affixed in or on a window exposed to public view not exceeding 50 percent of an individual window area are provisionally exempt. An excess of the 50 percent will cause the entire area to be calculated as an element of total allowable site signage. M. Other Incidental Signs Any other incidental signs secondary in purpose to the use of the lot on which it is located and not exceeding four feet in height and four square feet in area in addition to those signs allowed by Section 10.06.010. These signs are not to be used for the purposes of advertisement. SECTION 20, Section 10.06.030 (C) (1) is herebyamended as follows: 10.06.030 Design Requirements C. Wall Signs 1. The calculation of wall signage shall be based upon a building's primary entrance and building fagade as defined in Section 16.05. SECTION 21. Section 10.06.040 is hereby amended as follows: 10.06.040 Municipal Wayfinding Signs Notwithstanding any conflicting provisions the City shall allow directional signs, including subdivision directional signs, consistent with the City of Georgetown's Wayfinding Sign Program, as may be amended from time to time. The location, design, construction, installation and maintenance of these signs shall be the responsibility of the City of Georgetown. SECTION 22, Section 10.06.050 is hereby amended as follows 10.06.050 Multi -Tenant Signs Developments containing two or more businesses, whether in a single building or multiple buildings, shall share a sign structure for advertisement of multiple businesses located within the development. This provision is applicable to businesses located on the same lot upon which the sign is located as well as to businesses located upon different lots within the development. Such signs shall comply with the following: October 2004 UDC Amendments Page 11 of 18 opm A006w L SECTION 23. Section 11.02.020 (A)(3) is herebyamended as follows 11.02.020 Waiver of Impervious Cover Limitations The Director shall increase the amount of impervious cover as specifically listed below, upon verification by the Drainage Engineer that the development meets the waiver criteria. No combination of waivers may allow impervious cover to exceed the maximum provided. A. Approved Waivers 3. Preservation of Natural Areas (7%) The Director shall increase the amount of permitted impervious cover by seven percent if the development retains all of its buffer areas in natural preserve areas, and provides an agreement that such areas shall not be irrigated, fertilized, or insecticide or herbicide applied to such areas. Where additional landscaping in buffer or other common areas is required, such landscaping shall meet xeriscaping standards for low water use. Buffer areas will prevent erosion, trap sediment, filter runoff and function as a floodplain in high water periods and where adjacent to creeks or rivers. SECTION 24. Section 11.03.050 is hereby amended as follows 11.03.050 Replacement of Protected Trees All removal of protected trees or significant stands of trees shall be replaced. Calculation of removed trees shall be 50 percent of the total caliper inches of trees removed with a 40 percent replacement requirement of the total caliper inches. All replacement trees must be of the same species or comparable alternative and the same size at maturity as the tree or trees removed. All replacement trees must be located on the same lot, adjacent lot or within the same subdivision. The City encourages the use of native materials for tree replacement as listed in the City of Georgetown Preferred Plant List located in the UDC Development Manual. Each replacement tree shall be a minimum of four -inch (4") caliper measured four and one-half feet (4.5') above the natural grade. The preservation of existing trees, a minimum of four -inch (4") caliper measured four and one-half feet (4.5') above the natural grade, shall be credited towards the 50 percent replacement provision on a one to one basis. Credited trees must be an approved species identified on the City Tree Canopy Tree List, Table 8.02.030 A or the City of Georgetown Preferred Plan List. SECTION 25. Section 11.03.060 is hereby amended by adding (A) and (B) as follows: 11.03.060 Tree Protection at Time of Construction All trees within an approved building site to be preserved shall be flagged and encircled with protective fencing that extends beyond the full spread of the tree branches. No construction is to occur within an area that constitutes more than 50% of the critical root zone (as measured from the edge of the drip line to the trunk of the tree) for each tree being preserve. Additionally, no more than 30% of the viable portion of a protected tree's crown mat be removed. No grading or tree removal shall occur on a lot until the grading and tree protection plan has been appro\ed. October 2004 UDC Amendments Page 12 of 18 A. Tree Wells Tree wells shall be limited to a maximum depth of four (4) feet measured from finished grade. B. Tree Islands Tree islands shall be limited to a ma)dmum height of four (4) feet measured from finished grade. SECTION 26. Section 11.05.030 (F) is hereby amended as follows 11.05.030 General Design Requirements F. Design of all drainage facilities, including streets, inlets, storm sewers, outfall, culverts and ditches, shall conform to the City's Drainage Criteria Manual, City's Construction Specifications and Standards Manual, and the following general design standards. 1. Drainage facilities are not allowed within the front setback 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 structures, drainage berms, improved channels, or other improvements associated with the drainage improvements. 2. All detention ponds and water quality ponds within the front setback 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 front setback 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 front setback and the stone is mortared in place or dry stacked. Gabions are not allowed 3. Fencing is allowed around detention ponds only if the fencing is constructed of wrought iron or tubular steel or other similar product. 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. 4. 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 slope not exceeding 3:1, and no structural retaining walls are used. SECTION 27. Section 12.02.020 is hereby amended by adding (H) as follows 12.02.020 General Requirements A. Sidewalks shall be required (in accordance with Table 12.03.020) on both sides of all streets having a right-of-way width equal to or greater than 50 feet. A sidewalk may be required on cul-de-sac streets if needed to provide through pedestrian access to commercial and employment areas, parks, greenways, or streets. B. All required sidewalks must be constructed prior to Certificate of Occupancy. October 2004 UDC Amendments Page 13 of 18 ORD* Z005 C. Sidewalks may generally be placed within the right-of-way as determined by the Director and when so specified. D. Sidewalks must connect to existing adjacent sidewalks, or be designed and placed to allow connection to future adjacent sidewalks. Required sidewalks serving nonresidential lots or residential lots larger than one-half of an acre shall connect to parking within the lot and to primary building entrances. Required connections may include street crosswalks but may not span distances of more than 50 feet without an improvement to protect pedestrians from vehicles. E. Sidewalks shall be installed to provide all residential areas with direct access to all neighborhood facilities, including the elementary school, parks and playgrounds, churches, and shopping centers. F. Adequate signs and street markings shall be protiided for all crosswalks. G. Easements for sidewalk connections to adjacent required sidewalks not yet built shall be required. Easements for all accessways shall be required. H. Sidewalks will not be required for any residential subdivision of four (4) lots or less where no future sidewalks are identified to be constructed in the City Sidewalk Master Plan for that subdivision. However, sidewalks will be required for all subdivisions located 1,000 feet or less from a school or park. SECTION 28. Section 12.03.010 (C), (D) and (E) are herebyamended as follows 12.03.010 Street Classification The following street classifications are adopted for streets in the city of Georgetown and its extraterritorial jurisdiction. C. Residential Local Street A Residential Street serves up to 80 dwelling units and is expected to carry less than 800 vehicles per day. 1. Driveway access to residential units is permitted. 2. Alleys are permitted in conjunction with Residential Streets, but are not required. 3. On local streets, no driveway is permitted closer to a corner than 50 fBet. D. Residential Collector A Residential Collector is a street that has an actual or anticipated traffic flow of 800 average daily trips (ADT) or greater. 1. A Residential Collector may provide access to any type of residential unit. October 2004 UDC Amendments Page 14 of 18 . „» 2. A Residential Collector shall include on -street parking on both sides of the street in curbside lanes. 3. A Residential Collector shall provide two -through lanes for traffic. 4. A Residential Collector shall provide parking on both sides of the roadway. 5. Driveway access to single-family or two-family dwelling units is permitted when spaced 125 feet apart measured from center to center. 6. On collector streets, no dri\eway is permitted closer to a corner than 125 bet. E. Major Collector A Major Collector is a street that has an actual or anticipated traffic flow of 800 ADT or greater. 1. A Major Collector shall provide access to all types of commercial and industrial uses. 2. A Major Collector shall provide for two through lanes with parking on each side or four through lanes. 3. No driveway access to single-family or two-family dwelling units is permitted. SECTION 29. Section 12.04.020 is hereby amended as follows 12.04.020 Driveway Spacing from Intersections A. No driveway is permitted closer to a corner than the driveway separation standards provided in Section 12.03.020, B. Driveway spacing shall be measured from the edge of the street to the center of the driveway. C. Any request to deviate from these standards may be submitted to the Director. Any such request requires a Transportation Impact Studyas described in Section 12.05. SECTION 30. Section 13.01 is hereby amended by adding 13.01.050 as follows: 13.01.050 Subdivision Development Exemption The provisions of this Chapter shall not apply to residential development processed as a minor plat when eighty percent of the adjacent lots are developed. The development shall provide infrastructure improvements to the same, or similar, le\el as the adjacent lots. October 2004 UDC Amendments Page 15 of 18 ORID A005— 2L SECTION 31. Section 13.05.010 (A) is hereby amended as follows 13.05.010 Requirements for Parkland Dedication A. Dedication of Public Parkland Required Pursuant to the current adopted Ordinance regarding Parkland Dedication, it shall be required that a developer of multifamily residential or subdivider of any residential subdivision within the City's territorial jurisdiction set aside and dedicate to the public sufficient and suitable lands within the appropriate primary or secondary zones established by 13.05.030E, below, for the purpose of public Parkland and / or make a financial contribution for the acquisition of such Parkland in accordance with the provisions of this Section and these regulations generally. 1. All plats receiving subdivision approval of 4 or fewer units shall be exempt from conforming to the requirements of this Section. All other residential subdivisions and multifamily developments shall be in conformance with these requirements through either the combination of public Parkland dedication and/or payment of fees -in -lieu of required Parkland to satisfy the provisions of this Code. 2. In the event the subdivider offers to dedicate land for a public park classification that is defined in the Comprehensive Plan, which meets the design standards of these regulations, and that is three or more acres in size the City shall be obligated to accept the Parkland dedication. 3. Where a subdivider or multifamily developer proposes to develop 50 or fewer lots or units within the subdivision or development and where no future phasing is proposed the payment of fees in -lieu will be required. When the subdivider/or developer proposes to pay an in -lieu -fee as provided for below the Council may accept such payment as satisfying the Parkland dedication requirements of this Code, except that the City reserves the right to require the dedication of land for public park purposes in accordance with this Section when one or more acres of land would be required to satisfy the Parkland dedication requirements of this Code. SECTION 32. Section 13.07 is hereby amended by adding 13.07.030 as follows: Section 13.07 Street Lights 13.07.030 Street Lighting Requirements for Residential Rural Subdivisions Notwithstanding the above requirements, Residential Rural Subdivisions shall be subject to the following street lighting requirements. A. The installation of street lights shall be required at the main entrance to the subdivision. The type, size of luminaire, location, size of street light service and installation shall be determined by the Energy Services Department of the City's Georgetown Utility System. B. To allow for future installation of street lights the subdivider shall be responsible for the installation and capping of electrical conduits at all street intersections. October 2004 UDC Amendments Page 16 of 18 ORDO A005� Z SECTION 33. Section 16.04 is hereby amended 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 ready4o-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 carryto the restaurant's seating facilities, to motor vehicles, or off -premises; 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. Restaurant, General. An establishment engaged in the preparation and retail sale of food and beverages for on -premises consumption. Typical uses include diners, cafeterias, dinnerhouses and restaurants, but not including fast food restaurants: For General Restaurants licensed to serve alcoholic beverages the gross receipts for alcoholic beverages shall not exceed fifty (50%) percent of the total gross receipts. SECTION 34, Section 16.05 is hereby amended as follows: Section 16.05 Definitions Frontage. That side or front of a lot, parcel or tract of land abutting a street right-ofway. Sign. Any device or surface on which letters, numerals, emblems, pictures, outlines, character, spectacle delineation, announcement, trademark, logo, illustrations, designs, figures, or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached and used for advertising purposes of commercial and noncommercial messages. The term "sign" shall also include any use of color such as bands, stripes, patterns, outlines, or delineations displayed for the purpose of commercial identification or to create the effect of calling attention to the business or product, and which comprises more than one (1) percent of any facade or visible roof face shall be considered a sign. SECTION 35. 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 36. 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. October 2004 UDC Amendments Page 17 of 18 SECTION 37. This Ordinance shall become effective immediately upon its final adoption. PASSED AND APPROVED on First Reading on the 26th day of April 2004. PASSED AND APPROVED on Second Reading on the 10th day of May 2004. ATTEST: Sandra D. Lee City Secretary Approved as to Form: Patricia E. Carls, Brown & Carls, LLP City Attorney October 2004 UDC Amendments Page 18 of 18 aWS� 32L THE CITY OF GEORGETOWN