HomeMy WebLinkAboutORD 2001-74 - New Interim StandardsAN ORDINANCE OF THE CITY OF GEORGETOWN-, TEXAS
REPEALING ORDINANCE NO. 200145 AND THEREBY
SECTION 80000 OF THE SUBDIVISION REGULATIONS
ENTITLED "INTERIM SUBDIVISION REGULATIONS";
REPLACING SUCH PROVISIONS WITH NEW INTERIM
SUBDIVISION STANDARDS FOR NON-RESIDENTIAL
SUBDIVISIONS, CODIFIED AS SECTION 80000 OF THE
SUBDIVISION REGULATIONS; INCORPORATING
DEFINITIONS, ESTABLISHING NEW ROAD ADEQUACY
STANDARDS AND PROCEDURES; ESTABLISHING NEW
IMPERVIOUS COVER LIMITATIONS; ESTABLISHING
NEW STANDARDS GOVERNING TREE PRESERVATION;
PROVIDING EXEMPTIONS; PROVIDING A CONFLICTS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted interim subdivision standards as section 80000 of the
City of Georgetown Subdivision Regulations by Ordinance No. 2001-4.5 on July 30, 2001; and
WBEREAS, the need for revision of the interim subdivision standards has become apparent;
and
W11EREAS, the City Council finds that it is in the best interests of the citizens of the City of
Georgetown to replace the interim standards in order to clarify the intent and applicability of such
standards and to add additional standards in furtherance of the public health, safety and general welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TBE CITY OF
GEORGETOWN, TEXAS, that:
SEC'T'ION 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 Poiicies, as required by Section 2.03 of the
Administrative Chapter the Policy Plan:
A The Deveicptnert Platr Policy Statement of the Century Plan provides, " The
development of land is closely linked to the availability of services. The
Developimetnt 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, e=ater, and wastewater services before it can be developed."
B.
'The Policy Enii x'.00 of tl:e Century Plan provides, "CTeorgetown's natural and physical
resources are managed so that citizens enjoy the benefits of economic and social
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development."
C. 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, Section 80000, Interim Regulations, as established by Ordinance No. 2001-45, hereby
are amended by repealing and replacing Section 80000 in its entirety with the following provisions:
80000 INTERIM SUBDIVISION REGULATIONS
80010 Definitions
For purposes of this Division 80000, certain terms are defined as follows:
A, Commission means the Planning and Zoning Commission of the City of Georgetown.
1J. Development site means the gross area of land subject to a subdivision application.
C. 'Low Impact Development (LID) is an integrated site design approach for maintaining
or replicating the pre -development hydrologic regime through the use of design
techniques. LID practices include grading minimization, impervious area
disconnections, and preservation of landscaping and topography, increasing flow
lengths, lengthening the time of concentration and increasing opportunities to inimic
pre-existing hydrology.
D. 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 of this division 80000.
E. Subdivision Improvement Agreement means a written agreement between the
property owner and the City concerning the construction of transportation
improvements and cost participation to comply with the requirements of this Odvision
80000,
F. Thoroughfare means any collector or arterial road, or a frontag4 road for a freeway
or highway.
80020 Road Adequacy Regulations.
A. .4pplicability. The road adequacy regulations in this section apply to all non-exempt
subdivision applications within the City limits and within the City's extratenitorial
jui isdiction. The applicability of particular road adequacy standards may be furthe
qufa ified below.
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C
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 ol�
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 improve offsite, abutting and internal thoroughfare rights-of-
way to City standards.
{>} 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.
(5) 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.
(7) It is the intent of the City that a road adequacy determination be :made prior
to approval of subdivision applications.
Minimum Road Standards.
{1} Applicability. All non-residential subdivision applications shall provide for
adequate roads to support proposed development through compliance with
the following rninimum standards governing dedication and improvement of
internal and adjacent thoroughfares. For purposes of this section, "adjacent
thoroughfares" shall include thoroughfares abutting the proposed subdivision,
whether located within the boundaries of the subdivision or within public
rights-of-way.
{2) Standard) and Specij"rcations. The property owner shall dedicate and improve
all required rights-of-way for internal and adjacent thoroughfares requited . y
then: regulations in accordance with the classification of streets contained ill
the Century Plan.
{3} l?edication and improvement of internal and adjacent thorough• fares. For
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adjacent thoroughfares, the property owner shall dedicate and improve one-
half of the right-of-way necessary to meet the specification in the Century
Plan. The City may require additional land and improvements for rights-of-
way for adjacent thoroughfares where necessary to achieve adequacy of the
road network and where such additional land and improvements are
proportional to the traffic impacts generated by the proposed subdivision,
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 adjacent frontage or service roads for state and
federally designated highways, the property owner shall dedicate sufficient
right-of-way and make authorized improvements in order to provide an
adequate road network to serve the subdivision.
(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) Capital improvements plan for roads. A road improvement may 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 two-year capital improvements plan for roads, or if the improvement
is included, funded, and approved in. the City's, County's or State's three to
five year capital improvements plan for roads, provided that the applicant
agrees to phase development to conform to such scheduled improvement.
This section shall not be construed to prevent the City from requiring
dedication of rights-of-way for such roads, or from assigning trips to such
mads in a traffic impact study in order to determine a development project's
proportionate costs of improvements.
(6' Participation in costs of improvements. The City may participate in the costs
of improvements required. by this section in order to achieve proportionality
between the traffic impacts created by the proposed development and the
obligation to provide adequate roadways. In such cases, the property owner
shall be responsible for the entire initial costs of road improvements,
including design costs. Reimbursement of the City's agreed share of the
costs shall be made as funds become available. The construction of
improvements and the provisions for participation in costs by the City shall
be included in a subdivision improvement agreement.
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I). Traffic Impact Analysis
(1) Applicability. This section applies to any non-residential subdivision
application for which proposed development generates traffic in excess of
2000 average daily tAips, based upon the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Manual. In the event that
land uses for the development are not specified at the time of subdivision
application, the daily trip generation rate shall be computed based upon the
maximum land use intensity allowed under the Century Plan for the land to
be subdivided.
(2) Every subdivision application for a proposed development that generates
traffic in excess of 2000 average daily trips, shall be accompanied by a traffic
impact analysis based on the ITE Manual, 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 off-site road dedication and improvements should be made to
mitigate the effects of the development proposed in the subdivision
application.
(a) An initial traffic impact analysis shall be submitted with the concept
plan or first subdivision application for the development. An updated
traffic impact analysis shall be submitted with each. public review
final plat submitted for approval and shall be generally consistent
with the initial traffic impact analysis. The initial traffic impact
analysis shall be updated whenever the concept pian is modified to
authorize more intensive development.
(b) The traffic impact analysis shall determine (1) trips to be generated
by the proposed development; (2) assignment of such trips to the road
network analyzed; (3) the capacity of affected thoroughfares before
and after the proposed development; (4) specific recommendations
for thoroughfare improvements and traffic control modifications
needed to mitigate the traffic from the proposed development and (S)
the development project's proportionate share of the costs of such
improvements and modifications.
(3) City evaluation and action. The City shall evaluate the adequacy of the traffic
impact analysis prepared by the applicant. Based upon such evaluation, the
City shall determine (1) whether the application may be approved in the
:absence of dedication of rights-of-way or constriction of improvements to
each affected thoroughfare and (2) the extent of the applicant's obligations
to make such dedications or improvements. The City shall condition the
approval of the subdivision application on one or more of the following
perfortrances by the applicant:
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(a) delay or phasing of development until thoroughfares with adequate
capacity or intersection improvements 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 thoroughfares or traffic control
improvements needed to mitigate the traffic impacts generated by the
- proposed development.
(4) Deferral of obligation. Upon request of the applicant or property owner,
the obligation to dedicate or improve thoroughfare rights-of-way or to make
intersection improvements 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 a subdivision improvement
agreement specifying the amount and timing of the rights-of-way dedication
or improvements to thoroughfares.
O Cash contributions. In lieu of the obligation to dedicate or improve
thoroughfares or make traffic control improvements to achieve road
adequacy, the applicant may propose to make equivalent cash contributions
rased upon the development project's proportionate share of the costs of
improvements, which the City in its sole discretion may accept in satisfaction
of road adequacy standards in this section. Any funds accepted by the City
shall be earmarked for construction of the improvements for which the
contribution was made.
(6) Options. Whenever the proposed development's share of the costs of a
thoroughfare or traffic control improvement needed to mitigate traffic
generated by the development is Iess than 100%, the City in its sole discretion
may do the following:
a, participate in the excess costs; or
b. aggregate the costs of improving multiple thoroughfares or
intersections identified in the traffic impact analysis, and require
improvements to only some of the thoroughfares or intersections
affected by the development.
E. Appeal Lf Road Adequacy Conditions.
(1) pasisfrrr appeal and deadline. The applicant for a subdivision application.
may appeal a decision by the planning and Zoning Commission or ip the case
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of a detailed development plan, by the Planning and Development Services
Division, to the City Council that imposes conditions based upon the road
adequacy standards contained in subsections C and D of this section. The
appeal shall allege that recommended conditions requiring dedication or
construction of thoroughfares or traffic control improvements are not .roughly
proportional to the nature and extent of the traffic impacts on the road
network created by the development being proposed. The appeal 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. The
append shall be filed with the Council within thirty (30) days of the date of the
decision by the Commission or the Planning and Development Services
Division, accompanied by an unconditional waiver of any claims that the City
has failed to process the application in accordance within the times otherwise
mandated by the Subdivision Regulations.
(2) Required documentation on appeal. The applicant shall provide a study in
support of the appeal including the following information:
(a) Total vehicle miles of road capacity utilized by the proposed
development.
(b) Total vehicle miles of road capacity supplied by proposed dedications
of rights-of-way or improvements to thoroughfares.
(3) The City Council shall consider the petition and determine whether the
thoroughfare or traffic control 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 constiute 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 appeal, upon determining that the required dedications of
rights-of-way for or improvements to thoroughfares or traffic control
improvements are roughly proportional 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 appeal, 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 -sway dedication for or improvements to thoroughfares, or
traffic control improvements, be made as a condition of approvai of
the application.
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(c) Grant the appeal and waive in whole or in part any dedication or
construction requirement that is not roughly proportional; or
(d) Grant the appeal, and direct that the City participate in the costs of
acquiring rights-of-way or constructing improvements sufficient to
achieve proportionality.
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,
requiring that improvements be made to one or more thoroughfares, the provisions
of section 25000, Construction Plans, and of section 25000, 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,
50030 Impervious Cover Limitation
A. Applicability. Notwithstanding any other provision of sections 30000 through 35000
of the Subdivision Regulations to the contrary, the total of all impervious cover for
all nor. -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.
B. Waiver, A waiver of the fifty percent (50%) limitation may be requested at the
Detailed Development Plan stage and, upon review and approvall by the Planning and
Development Services Division, the impervious cover of a development may be
increased up to sixty-five percent (65%) of the gross area of the site by utilizing one
of the following Low Impact Development methods to achieve improved water
quality:
(?) Site design features such as dry wells or infiltration trenches to capture
rooftop anti driveway runoff, preserving stream buffers and riparian corridors,
using grasser filter strips and vegetated swales in place of traditional curb -
and -gutter type drainage systems and bioretention facilities placed around the
perimeter of parking lots.
(2) Construction practices that minimize disturbance to only areas that are
undergoing active construction and avoid compaction of lawns and
greenways with construction equipment.
(3) Exceeding the landscape requirements found in Section 6 of the Zoning
Ordinance and/or tree preservation requirement by 30 percent in a manner,
wherel,n fclloLving review by the Planning and Development Division staff,
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it is determined that the water quality impact of the development is
adequately mitigated.
C. 141'aivcr of Parking dimension standards. By providing a parking design layout that
breaks up the area of parking beyond the requirements of Section 6.4 of the Zoning
Ordinance, Parking Lot Landscaping and Screening, and provides additional water
quality benefits, a waiver from the parking dimension standards of the Subdivision
regulations Sec. 33057 may be requested by the applicant and approved by the
Division.
.1 t
Preservation of Trees
A. Applicability. Significant natural features on a non-residential development site
exceeding five (5) gross acres, including protected trees, and significant stands 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. Definitions.
(1) Diameter Breast Height (DBH) or Diameter inches. The cross-sectional
measurement of the trunk of an existing tree at 4-1/2 feet above grade. If the
tree is on a slope, it shail be measured from the high side of the slope. Newly
planted. trees shall be measured six inches above grade.
(2 Protected Trees. For purposes of this section, a "protected tree" is any tree
measuring tweivP inches DBH or larger. The following species of trees are
excluded from protected tree status, pursuant to this section: Chinaberry,
Hackberry, Cedar and Bois d'Arc.
(3) Significant Stand. A clustering of four (4) or more trees, excluding those tree
species listed in Subsection B above, that have a combined caliper
measurement of thirty-six inches or greater and trunks spaced at no greater
than four to six _foot (4' to b') intervals.
(4) "Tree removal" means an act that causes or may be reasonably expected to
cause a tne to die, including uprooting, severang the main trunk; damaging
the root system, excessive pruning, and excessive fill.
C. Tree surrey required. Every initial subdivision application covering a non-residential
development site that exceeds five (5) gross acres must be accompanied by a tree
survey and a tree protFctton plan. The tree survey shall graphically identify all trees
of 8" DBH or greater, protec l<Ni trees and significant stands of trees. No subdivision
application shall be deemed complete for filinL until a tree survey has been
submitted, and the failure to submit such information shall be grounds for subsequent
rejection or denial of the application.
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ORD. Z-001 a 7
D. Tree removal prohibited. All grading and/ or tree removal on applicable sites is
prohibited prior to the approval of a Tree Protection Plan.
E Tree Protection Plan Required. At or -before -Detailed Development phase, and prior
to the removal of any trees, the applicant shall submit a Tree Protection Plan which
shall graphically identify protected trees and significant stands of trees and identify
those being preserved and those being removed.
F. 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 fifty percent (50%)
of the trees on the same lot or an adjacent lot with a tree or trees whose total
circumference, as calculated in the aggregate, is at least forty percent (40 %) as great
as the tree(s) removed, and whose species has similar characteristics of configuration
and size at maturity as the tree or trees removed.
G. Variance. When strict compliance with the requirements of Section 80040 would
result in substantial hardship or inequity, the applicant may request a variance
pursuant to the provisions of Section 60070 of the Subdivision Regulations.
1 . Violations. Removal of protected trees or groves of trees in violation of this section,
in addition to other remedies permitted by the Code of Ordinances, may require
applicant to fully mitigate damages caused by the tree removal.
80050 Exemptions
�'he provisions or this Section 80000, as may be amended from time to time, 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
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. Any amendments to this section 80000 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 is pending, on the
effective date of the amendatory ordinance, or to any subsequent related subdivision
application for that development,
80060 Duraflon
These interim Subdivision Rcaulations shall remain in effect until repealed or superseded, or
until incorporated in a revised developmcnt code for the City of Georgetown, whichever first
occurs.
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SECTION 3. This ordinance supersedes and replaces Ordinance No. 2001-45, codified as
Section 30000 of the Subdivision Regulations, in its entirety. This ordinance shall be and is hereby
declared to be cumulative of all other ordinances of the City of Georgetown, and, except with regard
to its repealing effect on Ordinance No. 2001-45, 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 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.
SECTION b. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 7. 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. 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 in ten days on and after
publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 13 day of ltll/' ' a ; 2001.
PASSED AND APPROVED on the Second Reading on the . day of 1%iyel 4be , 2001.
ATTEST:
Sandra ll. Lee, City Secretary
APPROVED AS TO FORM:
cia E. Carls, City Attorney
THE CITY OF GEORGETOWN
B y: J.A%�
I
MaryEllen Kersch, Mayor
P; ge I I of _ 1
11/27/01