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Home My WebLink AboutORD 2004-33 - UDC "General" AmendmentORDINANCE NO* 2004 - 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: TABLE 2.01.020; 2.02.020(B); TABLE 3.01.020; 3.02.010(C)(15); 3.09.010; 3.11.010; 3.19; 4.05.040(B); 4.05.040(C); 4.06.020(E); 5.02.090; 5.05.030; 6.02.010; TABLE 6.02.020; 6.02.030(8); TABLE 6.03.020; TABLE 12.03.020; 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, a Public Workshop was conducted on April 19, 2004 to allow for public review of the proposed UDC amendments; and WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing on May 18, 2004 to consider a recommendation on these UDC amendments; and WHEREAS, the Planning and Zoning Commission at their meeting of May 18, 2004 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 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' of the "Unified Development Code," is hereby amended to add "Driveway Permit" as an Administrative Action with the Engineer identified as the "Decision Making Authority'. "General" Amendments Page 1 of 13 SECTION 3, Section 2.02.020(B) of the "Unified Development ,&ode" is hereby amended to read as follows: Section 2.02.020 Development Engineer B. Powers and Duties The Development Engineer shall review and make reports to the Director or other final action authorities on all Site Plans and plats, and shall have final authority for approving construction plans and driveway permits. In the absence of a Drainage Engineer, the Development Engineer shall serve in that capacity. SECTION 4. Table 3,01 .020 "Applicability of Procedures" of the "Unified Development Code" is hereby amended to add "Driveway Permit" as a Development Application Process applicable within the City Limits and the Extraterritorial Jurisdiction, SECTION 5. Section 3.02.010(C) of the "Unified Development Code," is hereby amended by adding a new subsection (15) to read as follows: 3.02.010 Pre -application Conference C. A Pre -application Conference is required for the following applications. 15. Driveway Permits SECTION 6. Section 3.09.010 of the "Unified. Development Code," is hereby amended to read as follows: 3.09.010 Applicability Prior to any land disturbance for the purpose of development within the City limits, an applicant must prepare a Site Plan and obtain approval under this Section. Detached single-family and two-family development on individual, platted lots are exempt from this requirement. No other land disturbance or development shall be lawful or permitted to proceed without final Site Plan approval. All improvements reflected on approved Site Plans must be constructed at the time of development. All terms and conditions of Site Plan approval must be met at the time of development. Where site plan approval is required, no Building Permit approval shall be issued for any development of land until such property has received final site plan approval and is in conformity with the provision of this Code. The provisions of this Section relating to Site Plans are adopted in accordance with the Texas Local Government Code Chapter 211 and the City Charter. SECTION 7. Section 3.11.010 of the "Unified Development Code," is hereby amended to read as follows: Section 3.11 Temporary Use Permit 3.11.010 Applicability The following temporary uses may not be commenced until the applicant obtains a Temporary Use Permit from the Building Official. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this Section "General" Amendments Page 2 of 13 relating to Temporary Use P�:: nits are adopted in accordance with th, ► exas Local Government Code Chapter 211 and- the City Charter. The following uses maybe permitted, subject to the issuance of a temporary use permit: A. Pumpkins, Christmas trees, and other seasonal product sales. No permit shall be required for such uses operated as part of school or place of worship. B. Sales Offices and Model Homes pursuant to the standards set forth in Section 5.04.030. C. Temporary Parking Lots pursuant to the standards set firth in Section 5.04.050 D. Business offices or sales facilities where construction of a permanent facility is being diligently completed. E. Construction field offices pursuant to the standards set firth in Section 5.04.040 F. Private farmer's markets. G. Parties, receptions, events or similar functions anticipated to draw more than 15 total guests (including overnight guests) to a Bed and Breakfast, located within a Residential District, subject to the provisions set forth in Section 5.02.140 (B)(d). H. Similar temporary uses which, in the opinion of the Director of Planning and Development Services are compatible with the district and surrounding land uses. SECTION 8, Section 3.. 19 of the "Unified Development Code," is hereby added to read as follt?wS: Section 3.19 Driveway Per: nit 3.19.010 Purpose The purpose of a driveway permit is to determine the safety, mobility, and operational impacts that a proposed access connection will have on the roadway system. 3.19.020 Applicability Driveway Permits are required for the following: A. New driveway locations on roadways within the jurisdictional limits of the City. of Georgetown; B. Existing driveways on roadways within the jurisdictional limits of the City of Georgetown for those developments which represent a change in property usage or zoning. C. For the purposes of this Section the jurisdictional limits of the City of Georgetown shall include properties within the municipal limits of the City as well as the Extraterritorial Jurisdiction (ETJ). 3.19.030 Pre -Application Conference Pursuant to Section 3.02.010 a pre -application conference is required prior to the issuance of a permit application. "General" Amendments Page 3 of 13 3.19.040 Review Process Review of a Driveway Permit shall follow the Administrative Review procedures set forth in Section 3.03.040 subject to the Criteria br Approval set forth below. 3.19.050 Criteria for Approval No Driveway Permit will be denied unless it is determined by the Development Engineer that the proposed location of the driveway will have an adverse effect upon the public safety. In making this determination the following will be evaluated: A. Existing driveways; B. Land use (including but not limited to the intensity of development and trip attraction / generation potential, mix of vehicles and turning movements); C. Function of 'public street (including but not limited to the number of lanes, medians, median openings, vertical and horizontal curvature, sight distance, operating speeds, traffic volumes, entrance / exit ramps and frontage roads); D. The location of nearby streets and driveways, E. The site plan (including but not limited to on-site circulation, delineation of the intended paths, parking stalls, location of buildings, location of loading areas); F. Actual or anticipated excessive increase in vehicular traffic being routed onto streets occurring as a result of any such permit; G. Physical constraints on the site including topographyand site distance(s); H. Unusual lot configurations; 1. Potential traffic movements which are unsafe or have an adverse effect on traffic operations; and J. Joint access at the time of subdivision or site plan approve for abutting lots which have insufficient frontage to allow a driveway approach for each lot. K. That strict enforcement of the criteria for approval would result in a denial of access for the site. 3.19.060 Submission Requirements The Development Engineer will determine during the pre -application conference if further studies will be required. Such studies may include, but shall not be limited to, the bllowing: A. Engineering Study. 1. An Engineering Study may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of an engineering study that are necessary to answer the specific questions that arise during the review process. The Development Engineer will review the following information in the determination to require an Engineering Study "General" Amendments Page 4 of 13 a. Complian,_. with the minimum spacing requiremer_ of this Code; b. Deceleration or acceleration lane required; c. Traffic volumes and classification of the intersecting street at the proposed driveway location; d. Sight distance or physical obstructions and 1 or constraints that will result in a safety problem; e. Environmental or hydraulic issues associated with the proposed driveway(s); and f. Lot configuration. 2. An Engineering Study shall contain the following information: a. Trip Generation based upon the latest edition of the ITE Trip Generation Manual unless there is acceptable data that supports the use of another trip generation source. b. Trip Distribution, to be performed with input from the City. c. Traffic assignment to determine the forecasted turning movements attributable to the proposed development. d. Traffic volumes if determined by the Development Engineer and subject to the following criteria: i. The existing traffic counts will be grown using an annual growth rate as agreed to by the city to the build -out year of the proposed development; ii. The resulting traffic volumes will. be used as background traffic volumes, and the assigned forecasted turning movements will be added to the background traffic volumes resulting in the total traffic volumes; iii. The total traffic volumes will be used to determine the need for left -tum and right -turn lanes. B. Traffic Impact Analysis (TIA) 1. A TIA may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of a TIA that are necessary to answer the specific questions that arise during the permitting process. 2. A TIA shall contain the following information: a. All of the information outlined in Section 3.19.060 (A)(2) abo\e. b. Operational analysis (Level Of Service, Capacity, etc...) for the determined study intersections. "General" Amendments Page 5 of 13 c. Recomme, ..nations for mitigation measures should` >..a impact of the proposed access point(s) result in unacceptable levels of service. 3.19.070 Responsibility for Final Action The Development Engineer is responsible for final action on driveway permits. 3.19.080 Expiration A driveway permit shall expire 6 months after issuance if the driveway is not constructed in a manner consistent with the permit. SECTION 9. Section 4.05.040(8) of the "Unified Development Code," is hereby amended to read as follows: 4.05.040 SP Standards for Williams Drive (F.M. 2338) B. Permitted Uses The following uses are permitted within the Williams Drive SP District: 1. Insurance Office; 2, Real Estate Office; 3. Office for Attorneys, Architects, Accountants, Engineers and similar professionals; 4. Counseling in an Office Setting 5. Arts and Crafts Studio; 6. Artists and Photographic Studio; 7. Travel Agency; 8, Investment Broker; 9. Business Management Consultant; 10. Offices for Nonprofit Organizations; 11. Tailors and Upholsterers; and 12. Any Residential use permitted in the RS District. "General" Amendments Page 6 of 13 SECTION 10. Section 4.05.040 of the "Unified Development Cine," is hereby a -mended by adding (C) to read as follows: 4.05.040 SP Standards for Williams Drive (F.M. 2338) C. Uses Subject to a Special use Permit The following use(s) are permitted within the Williams Drive SP District only if approved by a Special Use Permit in accordance with the procedures in Section 3.07. Medical Offices providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, or similar practitioners of medical and healing arts for humans, licensed for such practice by the state. SECTION 11. Section 4.06.020 of the "Unified Development Code," is hereby amended by adding a new subsection (E) as follows: 4.06.020 Development Regulations E. Landscaping and Buffering Site Landscaping requirements shall be those contained within the Downtown Design Guidelines. SECTION 12. Section 5.02.090 of the "Unified Development Code," is hereby amended,to read as follows: 5.02.090 Places of Worship A place of worship is permitted in accordance with the Use Table in 5.01.030. Places of worship located within the RE, RL, RS, TF and MF Residential Districts are subject to the applicable standards contained in Table 6.02.030 "Housing Type Dimensional Standards" with the following exceptions: A. Building Setbacks: 1. Front: 25 feet 2. Side: 10 feet 3. Rear: 10 feet 4. Every place of worship shall be set back at least 25 feet from the boundaries of other residential uses provided, however, that any wall which is unbroken by doors, windows, or other openings shall be set back at least 15 feet from such boundaries. B. Impervious Coverage: 50%. Impervious Coverage can be increased to 65% provided that the development meets the waiver criteria in Section 11.02.020. C. Perimeter Buffer: A Type property line(s) abutting requirements. "General" Amendments Page 7 of 13 "B" buffer yard shall be provided along any side or rear a residential use. See Section 8.04.020(C) for specific D. A place of worship" in or adjacent to any Residential Dist s pct shall have its principal vehicular entrance and exit on a major collector street or on another thoroughfare within 150 feet of its intersection with a major collector street. E. Places of worship shall meet development standards and supplementary use standards for any accessory uses. F. All other applicable Code section shall apply. SECTION 13. Section 5.05.030 of the "Unified Development Code," is hereby amended to read as follows 5.05.030 Categories of Outdoor Storage and Display A. Outdoor Display 1. Outdoor display is display of items actively for sale. 2. Outdoor display, which is associated with the primary business on the site, shall be allowed adjacent to a principal building wall, and may not extend into the right-of- way, and may only extend a distance no greater than 5 feet from the wall. Such storage shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use the building. 3. Outdoor display may not occupy more than 30 percent of the linear distance along any principal building wall. B. Limited Outdoor Storage 1. Limited outdoor storage is temporary storage of goods in individual packaging and not in storage containers. Organic materials stored on pallets are considered limited outdoor storage. 2. Limited outdoor storage shall not exceed 1,000 square feet or 10 percent of the total site area (whichever is greater), except in the C-3 and IN Districts where additional outdoor storage and display is allowed, so long as it is completely screened from view outside the site by solid opaque wall or fence at least 6 feet in height. Such area may extend from the primary building, but not for a distance greater than 50 feet, and not into a public right-ofway. 3. Limited outdoor storage may not occupy more than 30 percent of the linear distance along any principal building wall. 4. Limited outdoor storage shall not be allov+,ed in off-street parking spaces. C. General Outdoor Storage 1. General outdoor storage consists of all remaining forms of outdoor storage not classified as outdoor display or limited outdoor storage, including items stored in shipping containers, conexes, and semi -trailers not attached to a truck. "General" Amendments Page 8 of 13 2. General outduur storage shall be allowed in unlimited .ivantity, provided that the storage area 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, redwood, cedar, preservative treated wood or other acceptable materials. 3. No general outdoor storage shall be permitted \Aithin the following areas: a. A required front or side setback; b. Between a front setback and the building front; and c. Between a side setback along a public right-of-way and any building or structure. 4. General outdoor storage may not occupy more than 30 percent of the linear distance along any principal building wall facing a public right-of-way. 5. Areas intended for general outdoor storage must be paved and painted to distinguish them from required off-street parking areas. No general outdoor storage shall be allowed in off-street parking areas. SECTION 14, Section 6.02.010 of the "Unified Development Code," is hereby amended to read as follows: 6.02.010 General The standards listed in this Section are allovtied by right unless otherwise expressly stated. The project must comply with all of the applicable development standards of this Section. The project must also compiywith 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 C-2, Downtown Commercial zoning district. Residential development within the C-2 district shall utilize the development standards of the C-2 district provided in Table 6.03.020 "Non -Residential Lot and Dimensional Standards". SECTION 15. Table 6.02.020 "Housing Types Permitted By District" of the "Unified Development Code," is hereby amended by adding "Zero Llot Line" as an allowed Housing Type with a Minimum Size Lot / Parcel of "5,500 SF lot" in the RS and TF Residential Districts. SECTION 16. Section 6.02.030 (B) of the "Unified Development Code," is hereby amended to read as follows: 6.02.030 Residential Dimensional Standards B. Contextual Standards Where an existing block was acknowledged by the City or created by plat recorded prior rto May 10, 1977, 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 "General" Amendments Page 9 of 13 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 anyadjacent 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. SECTION 17. Table 6.03.020 "Non -Residential Lot and Dimensional Standards" is of the "Unified Development Code," is hereby amended to delete the "Side Setback, minimum feet" of "4" required for the C-2 "Non -Residential Zoning District". "General" Amendments Page 10 of 13 SECTION 18. Table 12.03.020 of the "Unified Development Code," is hereby amended to read as follows: Tnhla 19 ftp n,2n* Stri±Qt Classificatinn Standards "Source: Adopted July2uul utyot ueorgetown unveway apacing c)wuyudtic:u un ti^Or7+lJ,KjIICJIUGjI �JJVVIPUV,. ..... • .,�.... J and Transportation Officials) sight distance standards. "Source: City of Georgetown, Access Management Policyprepared by HDR, December 2003 "*For 2 Lane Roadways Only "Genera!" Amendments Page 11 of 13 Residential ResidentialResidential Major Minor Major Standard Alley Lane Local Collector Collector Arterial Arterial Street Expected ADT — < 800 < 800 > 800 >2500 >12,500 >24,000 Right-of-way 20 50 50 65 73 ` 110 135 min. feet Paved Width (feet) 15 21 28 37 45 82 106 Traffic Lanes: 4 6 Number of Lanes 1 2 2 2 2w4 Lane Width feet 15 9.5 8 10.5 11-14.5 12 12 Median Width (feet) --- -- '-- 24 24 Design Speed (mph) — 20-30 20-30 30-35 30-35 35-45 35-45 Driveways Permitted? Yes No Yes Yes Yes Yes Yes Parking None None Both Sides Both Sides Both „ Sides None None Landscape Easement None Both Sides Both Sides Both Sides Both Sides Both Sides Both Sides min. 5' width Sidewalks None Both Sides Both Sides Both SidesFft�thSides Both Sides Both Sides min. 5' width Commercial Driveway Spacing for Ci 1 Counly Controlled Roadwa s* and State System Highways" Posted Spee MP Driveway Spacing Feet < 30 125 30-39 200 40-49 325 > 50 450 Minimum Connection Spacing Criteria for Freeway Frontage Roads" Minimum Connection Spacing feet Posted Speed One -Way Frontage Roads Two -Way Frontage Roads (MPH) <30 I 125 200 i 35 I _ 200 l 300 i _ j .40 i 325 s 360 45 j 325 I 435 i r� >50 I 450 510 Desirable Spacing between Freeway Exit Ramps and Drivewa s*" 1 Total Volume Driveway or Side Street Volume Spacing (Frontage Road + Ramp) (vph) (feet) { (vph) Number of Weaving Lanes 21 3 4 < 2500 < 250 460 1 460 560 > 250 520 460 560 > 750 790 460 560 > 1000 1000 460 560 >2500 < 250 920 460 560 > 250 950 1 460 560 > 750 1000 1 600 690 > 1000 1000 1 1000 1000 "Source: Adopted July2uul utyot ueorgetown unveway apacing c)wuyudtic:u un ti^Or7+lJ,KjIICJIUGjI �JJVVIPUV,. ..... • .,�.... J and Transportation Officials) sight distance standards. "Source: City of Georgetown, Access Management Policyprepared by HDR, December 2003 "*For 2 Lane Roadways Only "Genera!" Amendments Page 11 of 13 SECTION 19. The it cowing definitions of Section 16.04 of ..,e "Unified Development Code," are hereby amended to read as follows: Condominium. A form of real property ownership that combines separate ownership of individual apartments or units with common ownership of other elements such as land or accessory buildings. Townhouse. A dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group. Single -Family Dwelling. Attached. A single dwelling unit, located on its own lot, and that shares one or more common or abutting vtalls with one other dwelling unit. SECTION 20. Section 16.04 of the "Unified Development Code," is hereby amended to add the following definitions: Townhouse Group. Two or more contiguous townhouses. Townhouse Lot. The portion of a townhouse development that is intended for separate ownership as the location of a single townhouse and associated private yard area. SECTION 21. The following definition of Section 16.05 of the "Unified Development Code" is hereby amended to read as follows: Alley. A public or private traffic way, other than a street, having a minimum right-of-way width of 20 feet affording secondary means of access to abutting property. SECTION 22. 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 23. 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 24, This Ordinance shall become effective immediately upon its final adoption. "General" Amendments Page 12 of 13 PASSED AND APPI JED on First Reading on the 8th day 61 me 2004. PASSED AND APPROVED on Second Reading on the 22nd day of June 2004. ATTEST: 5anara U. Lee City Secretary Approved as to Form: Patricia E. Carts, Brown & Carls, LLP City Attorney "General" Amendments Page 13 of 13 THE CITY OF GEORGETOWN