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.
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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.
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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.
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(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,
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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.