Loading...
HomeMy WebLinkAboutORD 2001-45 - Amending Subdivision RegORDINANCE • AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS AMENDING THE SUBDIVISION REGULATIONS TO ADD SECTION 80000 ENTITLED "INTERIM SUBDIVISION REGULATIONS," PERTAINING TO ROAD ADEQUACY STANDARDS, IMPERVIOUS COVER LIMITATIONS AND PRESERVATION OF NATURAL FEATURES AND TREES; PROVIDING A CONFICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Georgetown has determined that its existing Subdivision Regulations inadequately address certain provisions pertaining to development that relate to traffic mitigation, environmental impact and site design requirements; and WHEREAS, the City of Georgetown has been experiencing rapid growth which has strained City resources and the ability of the City to develop and maintain a safe, efficient, and cost-effective transportation system; and WHEREAS, it appears that the City's existing standards relating roadway network standards are inadequate to mitigate the traffic impact from commercial development, particularly large-scale commercial projects; and WHEREAS, it is in the best interests of the citizens of Georgetown to protect water quality from the impact of development in the Edwards Aquifer recharge zone; and WHEREAS, the limitation of impervious cover by land use type is one means of protecting water quality; and WHEREAS, it appears that the City's existing impervious cover standards contained in its subdivision regulations are inadequate to mitigate water quality impacts arising from commercial development, particularly large-scale commercial projects; and WHEREAS, it appears that the reduction of impervious cover for commercial development has a direct beneficial impact on water quality within the recharge zone; and WHEREAS, the preservation of natural features such as groves of trees and other natural vegetation also protects water quality by serving the function of filtering potential pollutants to the Aquifer; and WHEREAS, the preservation of a significant amount of natural features may partly reduce the necessity to apply more stringent impervious cover limitations to commercial development in the recharge zone; and WHEREAS, it appears likely that large-scale commercial projects may be developed in the immediate future that will produce unmitigated traffic impacts and adverse environmental effects in the absence of enhanced subdivision standards; and WHEREAS, the City Council finds it to be in the best interest of the citizens of Georgetown to adopt this ordinance on an emergency basis and that the requirement for reading the ordinance on two separate days should be dispensed with in order for the immediate preservation of the public health safety or welfare due to such circumstances; 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 following elements of the Century Plan Policy Plan and that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the Policy Plan: 1. The Development Plan Policy Statement of the Century Plan provides, " The development of land is closely linked to the availability of services. The Development Plan recognizes those linkages and recommends a program for guiding and monitoring growth which ensures that land is served with an appropriate level of transportation, water, and wastewater services before it can be developed." 2. The Policy End 2.00 of the Century Plan provides, "Georgetown's natural and physical resources are managed so that citizens enjoy the benefits of economic and social development." 3. The Transportation element of the Century plan provides, "Georgetown's transportation system provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the needs of individuals." SECTION 2. The Subdivision Regulations of the Code of Ordinances of the City of Georgetown are hereby amended to read as follows: 80000 INTERIM SUBDIVISION REGULATIONS 80010 Applicability. These interim subdivision regulations apply to any non-exempt subdivision application for non-residential uses submitted after the effective date of this ordinance. /0 80020 Definitions For purposes of this Division 80000, certain ten -ns are defined as follows: (1) Development site means the gross area of land subject to a subdivision application. (2) Subdivision Application means any application for review, approval or modification of a concept plan, public review final plat, record final plat, replat or detailed development plan, that is not exempt from the requirements this division 80000. (3) Thoroughfare means any collector or arterial road, or a frontage road for a freeway o/r� highway, included in the City' s Century Plan or proposed amendments thereto. Lo O. OKA wai $ S i o 94 Ake OLPV£ -A'hee� c.*n.A."� d cti i w c tst.� mea e i d e� 0030 Road Adequacy Regulations. 6 1. Purpose and General Policy. (1) New development within the urban area must be supported by an adequate network of thoroughfares. (2) Thoroughfares are an essential component of the City's street network and are necessary to accommodate the continuing growth and development of the City. (3) It is necessary and desirable to obtain rights-of-way for off-site, abutting and internal thoroughfares to support new development at the time of platting or development of the land. (4) There must be a rough proportionality between the traffic impacts created by a new development and requirements placed on the property owner to dedicate and improve9 abuttin&thoroughfare rights-of-way to City standards. ACs; ¢ a.) a q-. er-vt &k (5) The City desires to assure both that development impacts are mitigated through contributions of thoroughfare rights-of-way and improvements and that a development project contribute not more than its fair share of thoroughfare costs. (6) It is the City's intent to institute a procedure to assure that mandatory dedications of thoroughfare rights-of-way and thoroughfare construction requirements are proportional to the traffic demands created by a new development. 16, le 3 7c' la es M (7) It is the intent of the City that a road adequacy determination be made prior to approval of subdivision applications. B. Minimum Road Standards. The following minimum standards shall govern the relationship between the provision of thoroughfares and the sufficiency of roads serving a new development, and collectively shall be referred to as "road adequacy" standards. Road adequacy standards shall apply to all subdivision applications. (1) Road standards. Rights-of-way for thoroughfares shall be dedicated and improved by the property owner in accordance with the dimensions and standards specified in the City` s Century Plan, or section 33030 of the City' s Subdivision Regulations. (2) Road network. New developments shall be supported by a road network having adequate capacity, and safe and efficient traffic circulation. (3) Dedication and improvement of thoroughfares. The property owner shall dedicate and improve all required rights-of-way for thoroughfares in accordance with the classification of streets contained in the Century Plan. In the case of perimeter streets, the City may require that the entire right- of-way be dedicated and improved to City design standards, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner. In the case of frontage or service roads for state and federally designated highways, the entire abutting right-of-way shall be dedicated and improved to applicable design standards. (4) Substandard street improvements. Where an existing thoroughfare that does not meet the City' s right-of-way or design standards abuts a proposed new development, the City may require the property owner to dedicate the right-of-way for a standard thoroughfare width, and to improve the street according to the dimensions and specifications in the Century Plan or section 33030 of the Subdivision Regulations, depending on factors such as the impact of the development on the thoroughfare, the timing of development in relation to need for the thoroughfare, and the likelihood that adjoining property will develop in a timely manner. (5) Participation in costs of improvements. The City may participate in the costs of improvements required for road adequacy in accordance with standard policies and procedures. C)7 ` V'5 C. Road Adequacy Detern ination After the effective date of these interim subdivision regulations, every subdivision application must demonstrate adequacy of the road network to serve the proposed development. The City shall condition the approval of the application on assurances that adequate thoroughfares be provided to serve the proposed development, including requirements for the dedication or improvement of thoroughfare rights-of-way. (1) A road adequacy determination shall be made for any subdivision application (i) for which no prior road adequacy determination has been made pursuant to this section, or (ii) for which the development proposed is more intensive than that included in a prior road adequacy determination. (2) Every subdivision application for a proposed non-residential development that generates traffic in excess of 2000 average daily trips, based upon the latest edition of the Institute of Transportation Engineers Trip Generation Manual, shall be accompanied by a traffic impact analysis prepared in accordance with standard transportation engineering practices for purposes of determining the adequacy of the road network to serve the proposed development, and whether road dedication and improvements should be made to mitigate the effects of the development proposed in the subdivision application. (3) If the adequacy determination for roadways and intersections indicates that the proposed development would cause a reduction in the level of service for any roadway or intersection below the level of service required, the proposed subdivision application shall be denied unless the developer agrees to one of the following conditions: (a) delay in final approval until thoroughfares with adequate capacity are constructed; (b) a reduction in the density or intensity of the proposed development sufficient to assure that the road network has adequate capacity to accommodate the additional traffic to be generated by the development; (c) the dedication or construction of all road facilities needed to achieve the level of service required; or (d) any combination of techniques identified that would ensure that development will not occur unless the level of service for all roadways and intersections within the traffic impact analysis study are adequate to accommodate the impacts of such development. (4) In lieu of the obligation to improve thoroughfares to achieve road adequacy, the applicant may propose to make equivalent cash contributions, which the City in its sole discretion may accept in satisfaction of road adequacy standards. (5) Upon request of the applicant or property owner, the obligation to dedicate or improve thoroughfare rights-of-way imposed on a subdivision application may be deferred to a later stage of the development process. As a condition of deferring the obligation to dedicate rights-of-way for or to improve thoroughfares, which deferral shall be in the sole discretion of the City, the City shall require the developer to execute an agreement specifying the amount and timing of the rights-of-way dedication or improvements to thoroughfares. (6) See, E. Petitions for Relief. (1) The applicant for a subdivision application may seek relief from the proposed conditions to be imposed as a result of the road adequacy and determination by petitioning the City Council. The petition must allege that recommended conditions requiring thoroughfare dedication or construction are not roughly proportional to the nature and extent of the traffic impacts on the road network created by the development being proposed. The petition may also allege that the imposition of the conditions deprives the owner of the economically viable use of the land, or of a vested property right. (2) Prior to decision by the Commission or, in the case of a detailed development plan, by the Development Process Core Team, on a subdivision application subject to this section, an applicant who proposes to challenge the a road adequacy determination shall file a notice of intent to appeal such determination to the City Council. Approval of such subdivision application by the Commission shall include a condition that approval is subject to the Council' s decision on the petition for relief. (3) If an appeal has been taken on other grounds to the Council, on the Commission' s or the Team' s decision on a subdivision application, or a request for a variance has been filed by the petitioner, the petition for relief may be submitted in conjunction with the Council' s review of the application or variance request. (4) The applicant shall provide a study in support of the petition including the following infonmation: /--eve & W 4 104tices (a) Total vehicle miles of road capacity utilized by the proposed development, employing average trip length and equivalency tables provided by the City. (b) Total vehicle miles of road capacity supplied by proposed dedications of rights-of-way or improvements to thoroughfares. (5) The City Council shall consider the petition and determine whether the thoroughfare dedication and construction requirements are roughly proportional to the nature and extent of the impacts on the road network created by the development proposed. If the petition also alleges that the proposed dedication or construction requirements constitute a deprivation of economically viable use or of a vested property right, the Council also shall resolve such issues. Following such determinations, the Council may take any of the following actions: (a) Deny the petitioner for relief, upon determining that the required dedications of rights-of-way for or improvements to thoroughfares are rough proportionality to the nature and extent of the impacts created by the development, and order that such dedication or improvements be made as a condition of approval of the subdivision application. (b) Deny the petition for relief, finding that the dedication or improvement requirements are inadequate to achieve road adequacy, and either deny the subdivision application or require that additional dedications of rights-of-way dedication for or improvements to thoroughfares be made as a condition of approval of the application. (c) Grant the petition for relief, and waive in whole or in part any thoroughfare dedication or construction requirement that is not roughly proportional; or (d) Grant the petition for relief, and direct that the City participate in the costs of acquiring right-of-way for or constructing such facility pursuant to standard participation policies. F. Application of Certain Standards to Detailed Development Plans Notwithstanding any provision of section 16020 of the subdivision regulations pertaining to exemptions, whenever a road adequacy determination results in the imposition of a condition attached to approval of a detailed development plan, � D . 200/- v5.. requiring that improvements be made to one or more thoroughfares, the provisions of section 25000, Construction Plans, and of section 28000, Assurances for Completion of Improvements, shall become applicable to the detailed development plan regarding the contribution of such improvements, and any reference in such sections to plats or subdivisions shall be construed as including detailed development plans. 80040 Impervious Cover Limitation Notwithstanding any other provision of sections 30000 through 38000 of the Subdivision Regulations to the contrary, the total of all impervious cover for all non-residential uses at a development site, other than an industrial site, exceeding five gross acres in the Edwards Aquifer recharge zone is limited to fifty percent (50%) of the gross area of the site. A. The area of impervious cover at a site will be the area of the impermeable surface measured horizontally. The area of impervious cover for a surface may be reduced based on data acceptable to the44ifeetw&r e€Cr� w� ed rlrti Ashowing that the surface has a significant degree of permeability. Af s o s 4$�4,j- e r- a r- B. The impervious cover of a development site may be increased up to sixty-five percent (65%) of the gross area of the site if a plan for preserving significant tree stands and other natural features of the site, or the landscaped arrangement and design of parking, provides substantially the same benefits of preserving water quality as reduction in impervious cover. 80050 Preservation of Natural Features and Trees A. Significant natural features on a non-residential development site exceeding five (5) gross acres, including protected trees, groves of native trees and any other significant areas of native vegetation, shall be preserved to the maximum feasibility extent and, where necessary, protected by setbacks from development. Natural areas to be preserved shall be integrated with the design of open space, screening and landscaped areas. B. For purposes of this section, a "protected tree" is any tree that has a trunk caliper of six (6) inches or more, as measured forty-eight inches (48") above natural grade level. Stands of trees with a predominance of trees having a trunk caliper of three (3) inches or more also are "protected trees" under this section. C. Every subdivision application covering a development site that exceeds five (5) gross acres must be accompanied by a tree survey and a tree protection plan. The tree survey and protection plan shall graphically identify protected trees and being preserved and those being removed. D. The tree protection plan shall be approved if the applicant demonstrates that all protected trees to be removed are necessary for efficient and orderly development of the property, that adequate provision is made for replacement of removed trees, and that all other protected trees are preserved. No subdivision application subject to this section shall be deemed complete for filing until a tree survey and protection plan has been submitted, and the failure to submit such infonnation shall be grounds for subsequent rejection or denial of the application. 80060 Exemptions The provisions of this section shall not apply to any subdivision application for which a prior related subdivision application has been approved and remains in effect, or for which a complete application for a related subdivision application is pending,, on the effective date of these interim subdivision regulations, or to P o u any subsequent related subdivision application for that development. A subdivision application is related for purposes of this exemption if it covers the same or a portion of the land subject to a prior approved or pending subdivision application, is consistent with such prior application, and is subject to any standards and conditions imposed on such prior application." gOD10 sec. SECTION 3. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Georgetown, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby superseded. SECTION 4. If any provision of this ordinance 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 5. The City Council finds it to be in the best interest of the citizens of Georgetown to adopt this ordinance on an emergency basis and that the requirement for reading the ordinance on two separate days is dispensed with for the immediate preservation of the public health safety and welfare in that it is likely that large-scale commercial projects may be developed in the immediate future that will produce unmitigated traffic impacts and adverse environmental effects in the absence of enhanced subdivision standards. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect immediately upon execution. PASSED AND APPROVED on the 30th day of July, 2001. ATTEST: THE CITY OF GEORGETOWN ,4 By: Sandra D. Lee, City Secretary APPROVED AS TO FORM: Cathleen R. Riedel, Acting ORj0, c>200I.<I fie /0 CIC /D e -r Attorney MaryEllen Kersch, Mayor Section 80030.0 (6) A road improvement shall be considered adequate for a subdivision application if the required improvement is included, funded, and approved in the City's, County's or State's 2 -year capital improvements plan for roads, or, if the improvement is included, funded, and approved in the City's, County's or State's 3 to 5 year capital improvements plan for roads, provided that the applicant agrees to phase development to conform to such scheduled improvement. 80070 Duration These interim subdivision regulations shall remain in effect until repealed or superseded, or until incorporated in a revised development code for the City of Georgetown, whichever first occurs.