Loading...
HomeMy WebLinkAboutORD 2004-07 - General Amendments to UDCORDINANCE NO. } D "I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE FOLOWING SECTIONS OF THE UNIFIED DEVELOPMENT CODE, PASSED AND ADOPTED ON THE 11TH DAY OF MARCH 2003, AS FOLLOWS: 1.03(0); 1.03{D); 4.01.010; 4.04.030(G); 4.05.040(C)(4); 5.01.020; 5.03.040{B)(3); 5.05.030(C)(2); 6.01.030(B); 6.02.030; 6.03.020; 6.03.040(B)(6)(a); 6.03.040(13)(6)(b); 7.03.050(C); 8,03.020(8); 9.03.020(A)(3); 9.03020(13); 10.03.020(J); 10,06.010; 10.06.040(G) • 11.03.050; 13.04.050; 13.04.070(A)(3); 13.04.070(13)(4); AND 13.07020(C); 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 in their motion to adopt the UDC directed staff to return to City Council at a future date with selected sections of the UDC for further study and amendment; and WHEREAS, a Public Workshop was conducted on October 30, 2003 to allow for public review of the proposed UDC amendments; and WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing on November 19, 2003 to consider a recommendation on these UDC amendments; and WHEREAS, the Planning and Zoning Commission at their meetingof November 19, 2003 made a report to the City Council recommending approval of the proposed UDC amendment; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O GEORGETOWN, TEXAS THAT: F 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: Poi-- c 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. Strate9Y: 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. "General" Amendments Page 1 of 8 SECTION 2. Section 1.03(C) and (D) of the "Unified Development Code," 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 provisions of the UDC. A waiver -from the Planning and Zoning Commission shall be required to maintain and utilize the platted setbacks. 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. In 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 "General" Amendments Page 2 of 8 16. Lost Addition SECTION 3. Table 4.01.010 of the "Unified Development Code" is hereby amended to delete reference to the "OT, Old Town Overlay". SECTION 4. Section 4.04.030(G) of the "Unified Development Code" is hereby deleted. SECTION 5. Section 4.05.040(C)(4) of the "Unified Development Code," is hereby amended o read as follows Section 4.05.040 SP Standards for Williams Drive (F.M. 2338) C. Special Site Design Standards 4, Parking Maintenance of the residential appearance of buildings in the SP (Williams Drive) District is furthered by the retention of front lawns free of vehicle parking. One off- street parking space shall be provided for each 300 square feet of floor area of the principle structure. All off-street parking spaces shall be located to the side or rear of the building and screened from view in accordance with the regulations set forth in Section 8.05.010. SECTION 6. Table 5.01.020 of the "Unified Development Code," is hereby amended to read as follows: Table 5.01.020 Permitted Uses by Zoning District The "C-2" Downtown Commercial Zoning District is amended by adding "P" (Permitted by right) to "Single family, attached" and "Single family, detached". The "C-3" General Commercial Zoning District is amended by deleting "P" (Permitted by right) and adding "L" (Limited Use) to "Vehicle sales, rental or leasing facility". The "IN" Industrial Zoning District is amended by adding "L" (Limited Use) to "Retail Sales and Service, All other sales -oriented uses" and a reference to Section 5.02.150 in the "Notes" column. SECTION 7. Section 5.03.040(8)(3) of the "Unified Development Code," is hereby amended to read as follows: Section 5.03.040 Day Care B. Family Day Care 3. Signs: One non -illuminated identification sign is permitted provided the sign is mounted flat on the exterior wall of the dwelling and has an area no greater than two square feet. "General" Amendments Page 3 of 8 094 o c1004 - 07 SECTION & Section 5.05.030(C)(2) of the "Unified Development Code," is hereby amended to read as follows: Section 5.05.030 Categories of Outdoor Storage and Display C. General Outdoor Storage 2. General outdoor storage shall be allowed in unlimited quantity, provided that the storage is screened from any public right-of-way by an eight foot tall wall for general screening made of materials that include, but are not limited to planting screens, masonry, red wood, cedar, preservative treated wood or other acceptable materials. SECTION 9. Section 6.01.030(B) of the "Unified Development Code," is hereby amended to read as follows: Section 6.01.030 Applicability B. Within Extraterritorial Jurisdiction All land within the City's extraterritorial jurisdiction must meet the following minimum requirements of Section 6.01.040 of this Chapter and the general lot design requirements in Section 6.04. SECTION 10. Table 6.02.030 of the "Unified Development Code," is hereby amended to read as follows: Table 6.02.030 Housing Type Dimensional Standards "Lot Width, minimum feef' is amended by adding: Minimum lot widths on cul-de-sac lots may be reduced between 30 feet and 50 feet at the front property line provided that the minimum required lot width is provided at the front setback line. SECTION 11. Table 6.03.020 of the "Unified Development Code," is hereby amended to read as follows: Table 6.03.020 Non -Residential Lot and Dimensional Standards **For projects in the Downtown Overlay District impervious coverage may be increased to 95% if in conformance with the Design Guidelines for the Downtown Overlay District and (1) if providing on-site structured parking, or (2) providing a payment of a parking fee-inAeu of the required parking in accordance with Section 9.02.060(G). If surface parking is provided all landscaping requirements of this Code shall apply. "General" Amendments Page 4 of 8 DAD. ao©q- 07 SECTION 12. Section 6.03.040(B)(6)(a) of the "Unified Development Code," is hereby amended by adding a new subsection (viii) as follows: Section 6.03.040 Non -Residential Lot Dimensions Interpretations and Exceptions B. Required Yards (Setbacks) 6. Features Allowed Within Required Yards a. The following features may be located within a required yard: viii. On-site parking serving contiguous commercial uses may be located within required side yards. SECTION 13. Section 6.03.040(6)(6)(b) of the "Unified Development Code," is hereby amended to read as follows: Section 6.03.040 Non -Residential Lot Dimensions interpretations and Exceptions B. Required Yards (Setbacks) 6. Features Allowed Within Required Yards b. None of the features above (except landscaping materials) shall extend into a public utility easement without approval of a License to Encroach into the easement. SECTION 14. Section 7.03.050(C) of the "Unified Development Code," is hereby deleted. SECTION 15. Section 8.03.020(B) of the "Unified Development Code," is hereby amended to read as follows: Sections 8.03.020 Standards B. 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 Tree Canopy Tree List in Section 8.02.030 A or the City of Georgetown Preferred Plant List located in the UDC Development Manual, and planted in accordance with standards of Section 8.02.030 B, or as approved by the Director. Preference shall be given to tree species native to the region. "General" Amendments Page 5 of 8 SECTION 16. Section 9.03.020(A) of the "Unified Development Code," is hereby amended by adding a new subsection (3) as follows: Section 9.03.020 Parking Space and Parking Lot Design: A. Parking Space Dimensions 3. Parking spaces designated as Handicapped shall comply with the design and locational requirements of the American National Standards Institute (Al 17.1) and the Texas Department of Licensing and Regulation. SECTION 17. Section 9.03.020(D) of the "Unified Development Code," is hereby amended to read as follows: D. Surface and Maintenance All designated fire lanes shall be paved according to the typical street cross sections for local street design in the City of Georgetown Construction Specifications and Standards, and kept in a dust free condition at all times. SECTION 18. Section 10.03.020(J) of the "Unified Development Code," is hereby amended to read as follows: Section 10.03.020 Provisionally Exempt Signs J. Signs Along Streets, Public Ways, or Railroads No sign or flag may be placed on or over the area located within ten (10) feet of the back of the street curb for city or county rights-of-way or the actual right-of-way, whichever is greater, or within twenty-five (25) feet for state rights-ofway or the actual right -of --way, whichever is greater, or if no curb exists, the impervious surface of the street, or if unpaved, the area located within ten (10) feet of the portion of the city ordinarily used for vehicular travel, the median of a street, across the public right-of-way line extended across a railroad right-of-way, or in the restricted areas at street intersections designated by Section 12.44.010 of the City of Georgetown Municipal Code, with the following exceptions: SECTION 19. Table 10.06.010 of the "Unified Development Code," is hereby amended to read as follows: Table 10.06.010 Sign Dimensional Standards Replace "Williams Drive Overlay" with "Williams Drive Corridor Study Area" "General" Amendments Page 6 of 8 ORD, aoo4 - 07 SECTION 20. Section 10.06.040(G) of the "Unified Development Code," is hereby amended to read as follows: Section 10.06.040 Subdivision Directional Signs G. No subdivision directional sign shall remain in place more than 30 days after the final Certificate of Occupancy for the subdivision has been issued. SECTION 21, Section 11.03.050 of the "Unified Development Code," is hereby amended to read as follows: Section 11.03.050 Replacement of Protected Trees A tree protection plan that provides for the removal of protected trees or significant stands of trees that are required to be preserved shall include provisions for the replacement of at least 50 percent of the trees on the same lot or an adjacent lot with a tree or series of trees whose circumference as calculated in the aggregate at the time of planting is at least 40 percent as great as the tree removed, and whose species has similar characteristics of configuration and size at maturity as the tree or trees removed. 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 (45) 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's Tree Canopy Tree List, Table 8.02.030 A or the City of Georgetown Preferred Plant List. SECTION 22. Section 11.05.050(C) of the "Unified Development Code," is hereby deleted. SECTION 23. Table 13.04.050 of the "Unified Development Code," is hereby amended to read as follows: Table 13.04.050 Rural Street Geometric Standards Amend the "Right -of -Way" width for "Residential Street" from 70 feet to 50 feet, and amend the "Right -of -Way" width for "Collector Street" from 80 feet to 70 feet. SECTION 24. Section 13.04.070(A) of the "Unified Development Code," is hereby amended to read by adding a new subsection (3) as follows: Section 13.04.070 Utilities in Rural Subdivisions A. Wastewater Collection Systems 3. The main size for wastewater improvements shall be a minimum diameter of 8 inches. "General" Amendments Page 7 of 8 O900 aOO41- D7 SECTION 25. Section 13.04.070(8) of the "Unified Development Code," is hereby amended to read by adding a new subsection (4) as follows: Section 13.04.070 Utilities in Rural Subdivisions B. Water Distribution Systems 4. The main size for w ater d istribution s ystem i mprovements s hall b e a m inimum diameter of 8 inches. SECTION 26. 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 27. 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 28. This Ordinance shall become effective immediately upon its final adoption. PASSED AND APPROVED on First Reading on the 16th day of December 2003, PASSED AND APPROVED on Second Reading on the 27th day of January 2004, ATTEST: Sandra D. Lee City Secretary Approved as to Form: `v c4zi� Patricia E. Carls, Brown & Carls, LLP City Attorney "General" Amendments Page 8 of 8 0"o cs 04 - THE CITY OF GEORGETOWN