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Home My WebLink AboutORD 2004-22 - Downtown Overlay DistrictORDINANCE NO. s' %0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTIONS 3.13.010(8 & D), AND 16.05 AND ADDING NEW SECTIONS 3.13.010(E & F), 3.13.040(E), AND ADDING NEW SECTIONS 4.04.030(G) AND 4.10 PERTAINING TO THE OLD TOWN OVERLAY DISTRICT OF THE UNIFIED DEVELOPMENT CODE, PASSED AND ADOPTED ON THE 11TH 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 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 duly noticed Public Hearings on November 19, 2003 and March 2, 2004 to consider a recommendation on these UDC amendments; and WHEREAS, the Planning and Zoning Commission at their meeting of March 2, 2004 made a report to the City Council recommending approval of the proposed UDC amendment. 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: 1. Growth and Physical Development End 7.0, which states: "Georgetown's land uses support economic, cultural and social activities for all residents, businesses and organizations; and the City's development process encourages new and infill development;" and 2. Growth and Physical Development End 7.1, which states: "The City's regulations implement the Policy Ends and provide the opportunity to seek change with reasonable effort and expense;" 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 3.13.010 (B) of the "Unified Development Code," is hereby amended in its Ordinance No. ;Z00 `;m Old Town Overlay Page 1 of 5 entirety as follows: 3.13.010 Applicability B. A Certificate of Design Compliance is required for development within the following areas of the City: 1. Any Historic Overlay District 2. The Downtown Overlay District 3. The Old Town Overlay District residential, commercial, or vacant properties used as or changing to commercial uses 4. Any High Priority structure proposed for demolition or relocation SECTION 3. Section 3.13.010 (D) of the "Unified Development Code," is hereby amended in its entirety as follows: D. Certificate of Design Compliance for Demolition No building or structure within the Downtown Overlay District, any other historic Overlay District, or on the List of High Priority Structures shall be demolished or relocated unless such demolition is approved by the Historic and Architectural Review Commission and a Certificate of Design Compliance for such demolition or relocation 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. SECTION 4. Section 3.13.010 (E & F)) of the "Unified Development Code," is hereby added in its entirety as follows: E. Definitions. Definitions are those in the Design Guidelines for the Downtown Overlay District and in the Historic Resources Survey of Georqetown, 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. F. 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 5. Section 3.13.040 (E) of the "Unified Development Code," is hereby added in its entirety as follows: Ordinance No. x oo4 `zz Old Town Overlay Page 2 of 5 3.13.040 Supplemental Demolition Criteria E. If the HARC denies the Certificate of Design Compliance for demolition or relocation, then a delay period of 175 days shall be initiated from the date of the public hearing. This time period allows for an attempt to find an alternative to demolition or relocation of the structure. During this time period, the applicant and city staff will work in good faith with the commission, local preservation groups, and individuals to find a way to preserve the structure. The case shall be placed on the first HARC agenda that falls after the 175 -day period for Final Action on the application for a Certificate of Design Compliance. SECTION 6. Section 4.04.030(G) of the "Unified Development Code," is hereby amended in its entirety as follows: 4.04.030 Special Districts G. Old Town Overlay (OT) The purpose of the Old Town Overlay District is to preserve and protect historic structures, maintain a residential appearance along South Austin and University Avenues, and maintain the integrity of the historic character in the Old Town Overlay District. SECTION 7. Section 4.10 of the "Unified Development Code," is hereby added in its entirety as follows: 4.10.010 Purpose and Intent The purpose of Old Town Overlay District is to preserve and protect historic structures, maintain a residential appearance along South Austin and University Avenues, and maintain the integrity of the historic character in the Old Town Overlay District, 4.10.020 Applicability Any property within the boundaries of the district as set forth below, which falls within the following categories shall be required to meet the standards in the Design Guidelines for the Downtown Overlay District and apply for a Certificate of Design Compliance from the Historic and Architectural Review Commission (Section 3.13). For the purposes of this section, exterior alterations shall not include exterior painting or maintenance and repair of an existing structure, but shall include any new construction, restoration, renovation, or addition to a structure and any additional parking or landscaping required to meet the commercial zoning or use requirements. A. Proposed Changes 1. Any exterior alterations to residential or commercial structures used as or changing to Commercial Use; and / or 2. Any new construction on vacant properties changing to Commercial Use. B. District Boundaries See Section 4.10.070, The Old Town Overlay District is generally bounded on the north by 2"d Street; on the east by Holly Street, the railroad tracks, University Avenue, and Hutto Road; on the south by 17tH 18tH and 19th Streets; and on the west by the properties on the western side Ordinance No. Al 004°'22 Old Town Overlay Page 3 of 5 C* of Austin Avenue and the boundaries of the Downtown Overlay District. Old Town Overlay District abuts, but does not include the Downtown Overlay District. The boundaries are depicted on the map incorporated in Section 4.10.070. Residential Contextual Standards On property within the boundaries of the Old Town Overlay District, a new residential dwelling unit shall use the buildings on the adjacent lots to determine the front setback dimensional standards and housing type, e.g. Single -Family Detached. The new dwelling unit should not be set closer to the street than the unit on any adjacent lot with the same housing type and may be set no farther back from the property line than 15 feet more than the unit on any adjacent lot with the same housing type that is closest to the street. Adjustments may be made to preserve existing large trees or significant features of the lot. The Director has sole authority to interpret any measurements related to contextual standards. 4.10.70 Boundaries of the Old Town Overlay District .„,,,,,,,.."•-^w i x # «€ 44 } .•e2 �fi` a _ will, , ses rr S� S:..t..,:I`z'. *s....�jn$.i'xti,d. ,..a�.?Y `a� r � 4l, rE .+adt''lst✓ } } lf^Yd t J✓'.^K�'N �r `fir 19 Y T 'l� l tolt Wee �ap-y.i k::t!w-, y.€#RVWyl iy�'y'64•h"0�,^.'=*'ice. "^cxp., F �yg,> �y��t �, w�p9yy ,+��}'".: �*Mt�� + Y,�,�Y`; r..^• i�ti :.r s � v�,� � i�C2�h�dP�ge✓��'T � �� a � ! .+. yn a .}F s, rjy'�� ,�,�. + �g'+r'+` 'sb`t`7n 'I'i° y3f. 1 r r xrs tom' a r °�, t �.✓,�- • .✓^c;-�r�:,r,,rk".a'r�.� s-'�a-s' "4�"'� le�encl uuwd D 'a'(lbh'n QagilOg Fropc i 04d Toam Cw4rWy,Disvk1 Ordinance No. ,2004" z� Old Town Overlay Page 4 of 5 Old Town Overlay District Proposed Area (r.o-)dary ar4 rnportyIk*samapproxinxtiny SECTION 8. Section 16.05 of the "Unified Development Code," is hereby amended as follows: Section 16.05 Definitions ® High Priority Structure. 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. SECTION 9. 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 10. 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 11. The City Secretary shall cause the caption of this Ordinance to be published one time within ten (10) days after its final passage, or as soon thereafter as possible, in the Williamson County Sun. SECTION 12: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. The UDC adopted by this ordinance shall take effect ten (10) days after the date of the publication of its caption in the Wiliamson County Sun. PASSED AND APPROVED on First Reading on the 23rd day of March, 2004. PASSED AND APPROVED on Second Reading on the day of r; 2004. THE CITY OF GEORGETOWN Mayor Approved as to Form: Patricia E. Carls, Brown & Carls, LLP City Attorney Ordinance No. 2Qo o Zz Old Town Overlay Page 5 of 5 ATTEST: Sandra D. Lee City Secretary