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HomeMy WebLinkAboutORD 95-44 - Subdivision RegulationsORDINANCE NO. t?4:50i� Z/V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF GEORGETOWN, TEXAS; REQUIRING CONFORMANCE WITH THE PARK LAND DEDICATION REQUIREMENT FOR ALTERNATE FORM FINAL PLATS; AND ALLOWING DRIVEWAYS OF SIDE ENTRY GARAGES TO ENCROACH INTO SIDE YARD BUILDING SETBACKS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; INCLUDING A PENALTY FOR VIOLATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in accordance with the Constitution and laws of the State of Texas, including particularly the Local Government Code, Chapter 212, Municipal Regulation of Subdivisions and Property Development; and in accordance with the Charter of the City of Georgetown, Texas, hereinafter referred to as "City", the City is authorized to develop regulations for the subdivision and development of land in the territorial jurisdiction of the City, including the corporate limits, extraterritorial jurisdiction and other areas as permitted by law; and WHEREAS, the "Subdivision Regulations of the City of Georgetown", hereinafter referred to as "Regulations", were initially adopted by the City Council of the City of Georgetown on February 14, 1988, and have been periodically revised since that date; and WHEREAS, on January 10, 1995, the Georgetown City Council approved Ordinance #95- 2 revising the Regulations; and WHEREAS, the Planning and Zoning Commission reviewed the proposed revisions and conducted a public hearing on August 1, 1995, to take comments regarding the proposed revisions, and voted to recommend approval of the proposed revisions. 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: 1. Governmental Affairs Policy 1 which states "The City will encourage all citizens to actively participate in governmental functions"; and 2. Growth and Physical Development Policy 2 which states "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the 1995 SubRegs Revision Ordinance No. Page 1 of 3 opportunity to seek change with reasonable effort and expense"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The attached Exhibit A, relating to "Proposed 1995 Revisions to the Georgetown Subdivision Regulations" is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. 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 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. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. 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 in (10) 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 22nd day of August ,1995. PASSED AND t P 4 APPROVED on Second Reading on the/ -9'± day , ianara ij. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney 1995 SubRegs Revision Ordinance No. Page 2 of 3 THE CITY OF GEORGETOWN: y . `p y: EO WOOD Mayor 1995. Exhibit A PROPOSED 1995 REVISIONS TO THE GEORGETOWN SUBDIVISION REGULATIONS Key: Underlined words denote additions to the regulations. Section 34000 BLOCKS AND LOTS 34020 Lots G.2. "No structures or impervious construction shall be allowed in required side or rear building setback areas except for the following accessory structures on one (1), two (2) or three (3) family residential lots: d. Driveways to side entry 14arages." Section 42000 PARK LAND DEDICATION 42010 Dedication of Public Park Land Required "It shall be required that a subdivider of any residential subdivision within the City set aside and dedicate to the public sufficient and suitable lands within the subdivision for the purpose of public park land or make an in -lieu financial contribution for the acquisition of such park land in accordance with the provisions of this section and these regulations generally. Those subdivisions having received preliminary plat approval prior to the effective date of this ordinance shall be exempt from the requirements of this section except that the expiration of either the preliminary or final plat shall void this exemption. All plats receiving final plat or alternative form plat approval based on this ordinance shall conform to the requirements of this section ..." 1995 SubRegs Revision Ordinance No.5L 4141/ Page 3 of 3