HomeMy WebLinkAboutORD 890275 - Subdivision RegulationsORDINANCE
AN ORDINANCE AMENDING THE SUBDIVISION
REGULATIONS OF THE CITY OF GEORGETOWN, TEXAS
BY THE ENACTMENT OF THE 1989 SUNSET
REVISIONS; EXTENDING THE REGULATIONS'
EXPIRATION DATE; ESTABLISHING AN EFFECTIVE
DATE; PROVIDING A REPEALING CLAUSE; PROVIDING
FOR PENALTIES UP TO $200 FOR VIOLATIONS; AND
PROVIDING A. SEVEP.A.BILITY 4T!AUSE .
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, on February 9, 1988 by the approval of Ordinance
088-0061 the City did adopt "Subdivision Regulations of the City
of Georgetown," hereinafter referred to as "Regulations;" and
WHEREAS, Ordinance 088-0061, Section 4 provides for the annual
review of the Regulations and the consideration of revisions
thereto by the City Council; and
WHEREAS, the Subdivision Regulations Advisory Committee
established by City Council Resolution 870442.00B has reviewed
the effect of the Regulations and has recommended to the City
Council certain revisions to the Regulations; and
WHEREAS, the Georgetown Planning and Zoning Commission has
conducted a public hearing on the recommended revisions and has
endorsed the recommendation of the Subdivision Regulations
Advisory Committee to the City Council; and
WHEREAS, the City Council finds that the adoption of this
ordinance effecting certain revisions to the Regulations will
further both the accomplishment of the purposes of the
Regulations as fully set forth in Section 13000 of the
Regulations and the implementation of the following Century Plan
policies and goals: Economic Development Policy, Goals 1, 2 and
5; Environmental and Resource Conservation Policy, Goals 1 and 2;
Facilities and Services Policy, Goal 1; Finance Policy, Goals 1
and 2; Governmental Affairs Policy, Goals 1 and 2; Growth and
Physical Developemnt Policy, Goals 1 through 5; Historic
Preservation and Urban Design Policy, Goals 1 and 2; Housing
SubRegs Amdg Ord/jwf
Policy, Goal 1; Recreation and Cultural Affairs Policy, Goal 2;
Transportation Policy, Goals 1 and 2; Utilities/Energy Policy,
Goals 1, 2, 4, 5 and 6; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS THAT:
Section 1. All of the facts recited in the preamble to this
ordinance are hereby found by the Council to be true and correct
and are incorporated by reference herein and expressly made a
part hereof, as if copied herein verbatim.
Section 2. The Regulations are hereby amended to incorporate the
specific changes, additions and deletions more fully set forth in
a certain document entitled "May 1989 Sunset Revisions to the
Georgetown Subdivision Regulations," hereinafter referred to as
"Revisions," which document is attached hereto and made a part
of this ordinance for all purposes.
Section 3. The Revisions to the Regulations shall take effect on
the date of adoption of this ordinance and ten days after
publication thereof by caption.
Section 4. The application and enforcement of the Regulations is
hereby extended to February 28, 1991 such that, unless subsequent
action extends the application and enforcement of the
Regulations, they shall expire on said date.
Section 5. If any section, phrase or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of this ordinance as a whole or of
any remaining part or provision thereof, other than the part so
declared to be invalid or unconstitutional
Section 6. Any ordinance or ordinances in conflict with the
provisions hereof are hereby repealed to the extent of such
conflict.
Section 7. 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 misdemeanor, and upon
conviction thereof, shall be punishable by a fine of not more
than $200. Each day a violation shall continue shall be deemed
to be a separate offense.
SubRegs Amdg Ord/jwf
READ AND APPROVED on first reading on this the day of jauxj.,
1989.
READ AND APPROVED on final reading on this the " day of Jze ,
1989
, ,Mayor
ATTEST:
LETki LLOUGHBY, CityL,
,iSecr ary
F
Approved as to form:
SubRegs Amdg Ord/jwf
• •" t, ! •�
To aid the reader in identifying revisions, in this printing:
* New text is underlined.
* Explanatory comments are included in [ ]*
89 Sunset Revisions/jwf 1
16010 Subject Developments
A.2 [ Developments outside the City's jurisdiction when platted
and which subsequently came within the City's subdivision
jurisdiction ] . . . and for which, as of May December 31, 1989,
the Commission finds that no substantial investment in public
improvements has occurred.
A.4.b [ Developments within the City's jurisdiction when
platted ] . . on or after November 10, 1982, and for which, as
of May December 31, 1989, the Planning Commission finds that no
substantial investment in public improvements has occurred, . .
A.7 Any banes Development Prej`eet which is intended to occupy a
single tract, lot, site or parcel where.
a. more
than one
(1)
primary
building or structure for the
primary
use will
be
located,
or
b. any building or structure is to be located,
excluding one: . .
i. Single family detached residence,
ii. Duplex, triplex or quadraplex residence
iii. eemmerelal Non-residential structure having a
ground area covered by roof of 5,000 square feet or
less, . . .
iv. Nan -residential structure with attendantpaving
having a combined area of impervious cover of 10,000
square feet or less.
c. excavation, grading or filling will alter the elevation
or slope of an affected land area of greater than 5,000
square feet.
d. paving, seal coating or other ground surfacing
application will result in a total area of impervious cover
greater than 5,000 square feet.
[ and for which a City permit is required . . . ]
89 Sunset RevisionsJjwf 2
24031
D. For
trunks
greater
plat.
Natural Features [ to be shown on Preliminary Plat ]
all non -single family . . . Clumps of trees with
greater than 4 inches in diameter and clump drip lines
than 15 feet in diameter shall also be indicated on the
A tree survey required by this section may be deferred to the
Detailed Development Plan if the Preliminary Plat includes no
proposed richt of wav or utility easement.
25000 CONSTRUCTION PLANS
25030 Content
G. For erosion and sediment control, where required:
[ The required technical content in this section anticipates a
corresponding provision in section 32040 requiring sedimentation
and erosion controls in all but low density residential
development. That requirement was deleted from section 32040 in
the approved subdivision regulations for all but industrial uses,
so this section's technical content is applicable only if water
quality controls are required as a condition of project
approval. As a result, water quality controls are considered
only on a case by case basis for non -industrial projects. ]
29030 Short Form Subdivisions
29031 Purpose and Applicability
The provision of adequate data concerning land use,
utility requirements, traffic impact, streets, easements
and dedications is vital to ensure the continued health,
safety and welfare of the City's residents. Recognizing
that the significance of this data is reduced for the
small scale projects that are most heavily impacted by
burden of producing this data, the City allows alternate
procedures for simple resubdivisions, and lot splits. and
the platting of existing development and of land proposed
for site development where public improvements are not
89 Sunset Revisions/jwf 3
[ Short Form Subdivisions, continued
Applicants for subdivisions or resubdivisions creating no
more than four (4) new lots may follow the procedure set
forth below provided that the subdivision meets all of the
following criteriaa
A. The Director shall certify that the proposed
subdivision meets all the requirements of the short
form subdivision.
B. No new public street shall be necessary for each
lot to access a public street.
C. Each of the lots is contiguous with at least one of
the other lots in the subdivision for a distance of at
least 50 feet.
- - -
E D. No off-site improvements to the City's
infrastructure are determined to be necessary by the
Public Works Department.
F E. No as-er off-site drainage improvements are
determined to be necessary by the Public Works
Department.
The Commission and/or the Council may require the standard
procedure if they determine that the plat is inconsistent
with any element of the Comprehensive Plan, or any
established City codes or policies.
29032 Format
The format of the final plat of a short form subdivision
shall correspond with the format for all final plats as
required by section 26020 of these regulations.
29033 Content
The content of the final plat for a short form subdivision
shall correspond with the €ermat content for all final
plats as required by sections 26030-26035 except that°
A. Construction plans may not be required
B. The Director may waive the requirement that a A
Registered Professional Engineer shad-�o-be-ecttied
to certify the 25 and 100 year flood plain [ and (C.)
may waive other burdensome informational requirements
89 Sunset Revisions/jwf 4
29440 Dedication Plats
29041 Purpose and Applicability
A comprehensive system of land use records and a mechanism
for coordination of various utilities' improvements are is
essential to the planning process. Readily available data
on the precise location uses and users of easements and
rights of way facilitates both the planning of the City's
street, drainage, water and wastewater systems, and the
development process. In order to ensure reliability and
availability of this information while minimizing the
costs, all dedications and abandonments shall be drawn in
accordance with these provisions, filed with the Director,
and approved by the City, except when such dedication or
abandonment is performed through a plat of record.
In order to minimize Citv-franchised public utilit
providers' costs of acquiring land necessary to their
operations, a land owner with approval of the
Director, convey to a public utility title to real
property lying within the jurisdiction of the City's
subdivision regulations. The Director shall approve such
subdivision and transfer upon finding that:
a. The parcel to be conveyed shall be used for those
activities and improvements necessary to 'the primary
service delivery function of the public utility, whic
shall not include operations support and maintenance
facilities.
b. The tDarcel conveved is of such size, configuration
and location that its use and improvement for the
proposed utility will not impose adverse impacts on
adjoining property. If in the opinion of the Director
the proposed utility will adversely impact surrounding
pro erty, the Director may require an alternative to
the dedication plat procedure.
C. The extension and/or provision of utility service
I
s not in conflict with the comprehensive plan,
established City policy or a franchise agreement.
d. A dedication plat
of Sections 29042 has
29042 Format and Content
Dmplying with ther
sen submitted.
i rpmpnt-c
All easements, rights of way,-er ether dedications, er
abandonments or transfers to a public utility shall be
drawn at a scale of one inch equals one hundred feet on
89 Sunset Revisions/jwf 5
[ Dedication Plat, format and content, continued
4 mile mylar, except that the Director may approve
another, more appropriate scale. The applicant shall
submit the following.
A. A completed application signed by the owner.
Be A copy of the proposed transfer instrument.
C. A drawing of the easement, certified by a registered
surveyor indicating . . [ boundaries, uses, etc.
D. Signatures of all parties having a vested interest
impacted by either the dedication or abandonment of the
easements and/or rights-of-waym or the transfer of
property rights to a public utility.
29043 Procedure
The subdivision and conveyance of property to a public
utility may proceed upon approval of the Director in
accordance with sections 29041 and 29042. All dedications
and abandonments of property rights to or by the City must
be approved by the Council. The submittal described in
section 29042 must be submitted to the Director no later
than fifteen (15) days prior to Council action.
Notification of abandonment or dedication of public right
of way must be posted on-site and in a newspaper of
general circulation in the City no fewer than 15 days
prior to Council action.
29050 Conveyance Plats
29051 Purpose and Applicability
Land owners
to parcels
Conveyance
the end use
sign s
occasionall
or which no
is allow
the resu
ds cannot
I
n conformance with th
lots whose size, limen
efficient and feasible
i
The intent
preceding
t o
desire
evelop
to divide land
ent is intende
the divisi
lting lots
be determ
lting lots
se regulat
on of land
is unknown
ined and, t
is allowed
ions. Conv
resubdivision of re
each other; 'for future devel
of the con
urposes wi
platting procedure or
these regulations.
M
title
or proposed.
recorded Mat
erefore ,
prior to
yance pl
..provide
ctive to
meet.
when
no
replattin
is create
eyance plat procedure is to accomp
hout circumventing the requirement
of subdivision improvements set fo
89 Sunset Revisions/jwf 6
lisp the
s of
in
[ Conveyance Plat, continued j
Applicants for subdivision by conveyance plat shall follow the
procedure set forth below provided that the subdivision meets all
of the following criteria;
A. The Director shall certify that the proposed subdivision
meets all the requirements of the conveyance plat procedure.
B. Not more than two additional lots shall be created.
C. All lots shall be used only for agricultural and/or ape
space purposes, except that existing uses and improvements,
including single family dwellings, shall be allowed to
remain in non-conformance with ;these regulations. Any
development of lots and any expansion of non -conforming use
or improvements other than existing single family dwellings
shall require reblattina. to include designation of
abbrobriate use.
D. The area, dimensions and configuration of each lot shall
facilitate resubdivision for eventual uses of higher
intensity than those allowed in the preceding Part C.
The Commission and/or the Council may require a subdivision
procedure other than a'conveyance plat upon determining that, by
reason of lot area, lot 'dimension, 'lot configuration or other
specified condition, the plata 1) is inconsistent with any
element of the Comprehensive Plan; 2) does not facilitate
efficient
and
feasible resubdivision; or
3) circumvents the
reguirements
appear
of platting
procedure or of
subdivision improvements
as
set forth
in these regulations.
29052 Format
The format of the final plat of a convey
shall conform to the format for all fines
section 26020 of these regulations.
29053 Content
ance plat subdivision
1 olats as reauired b -
The content of the final plat for a conveyance plat subdivision
shall correspond with the content for all final plats as required
by sections 26030-26035 except that:
A. Natural features and improvements shall not be shown.
B. Construction plans shall not be required.
C. Lot -specific impervious coverage limits shall not apply.
D. The following n
reauired by the Cit
es
shall
be
added to
to
appear
on
the
con
89 Sunset Revisions/jwf 7
neral notes
r vIma-.
[ Conveyance Plat content, continued I
to THE USE OF ALL LOTS SHALL BE LIMITED TO OPEN SPACE AND
AGRICULTURAL ACTIVI
1034031wd•lp .-
USE OR CONSTRUCTION OF SITE IMPROVEMENTS ON ANY LOT
SHALL NOT OCCUR PRIOR TO THE RECORDATION OF EITHER A
REVISED PLAT OR 'A RESUBDIVISION PLAT IN ACCORDANCE
WITH THE SUBDIVISION REGULATIONS OF THE CITY OF
GEORGETOWN.
2. IN THE EVENT OF RESUBDIVI
LOT(S), THE CITY OF GEORG
REQUIRE DEDICATION OF RIG
CONSTRUCTION OF`SUBDIVISI
NECESSARY. SUCH
WORM0104MV03 - t i ajrt s
• - - •
f�� t#i' 41' � • ��1413hj
PRODUCE DISPROPORTIONATE IMPACTS AMONG LOTS WITHIN
THIS PLAT. LOTS RESULTING FROM RESUBDIVISION MUST HAVE
DEDICATED PUBLIC ACCESS
3m THE CITY OF GEORGETOWN IN APPROVING THIS PLAT HAS MADE
NO COMMITMENT OF UTILITY SYSTEM CAPACITY OR UTILITY
SERVICE PROVISION TO THIS SUBDIVISION*
E. Water
apply.
29054 Procedure
ly and septic system certifications shall not
The procedure for review and approval of a conveyance plat shall
be the same as for a short form subdivision described in section
29034.
29055 Notification
Notification for the final plat of a conveyance plat subdivision
shall be the same as for a concept plan described in section
23050.
29056 Approval and Recordation
ocedure for
approval and
recordation
shall be
the same as
nal plats as
described
in
sections 26050
and
_26060.
89 Sunset Revisions/jwf 8
32100 Stormwater Management System Requirements
32102 General Design Requirements
P. Drainage Easements
[ 1. General Requirements ]
2. Design Requirements
C. Low-lying lands along watercourses subject to
flooding or overflowing during storm periods;
whether®�-net-��el�de�-��-a�ea�-€a�-ded�eat�e�®
shall be preserved and retained in their natural
state as drainage ways except where modification
can be shown to benefit the community and as
approved by the Commission. All development
activity within the regulatory floodplain must
comply with Citv and Federal Emergency Management
FEMA} floodpl
ement regulations.
Q. Drainage facilities shall be designed to serve the
entire subdivision. Be€eras-e€-the-esg-ef-danage
faer�rtrea-shad-met-fie-meed In the case of a short
form subdivision, the Commission may approve deferral of
design of drainage facilities, if any are reguired, to the
Detailed Development Plan. For all other subdivisions,
design of drainage facilities' shall be completed with other
required construction plans in order to ensure adequate
drainage easements and other reservations on the plat.
34020.E Design Standards for Lots
[ See revised Table 34020, with notes, following page ]
34030 Easements
All existing and proposed easements, safety lanes, and
rights-of-way shall be clearly indicated on the plat. The
use of each easement or right-of-way shall be indicated.
No permanent structure may be placed in or over any
easement or right-of-way except a structure whose use and
location are necessary to the designated use of the
right-of-wayor easement or which otherwise will not
affect the use, maintenance or repair of such easement.
[ Each easement or right-of-way shall be described by . .
89 Sunset Revisions/jwf 9
TABLE 34020
USE, .AREA WIDTH DEPTH o MAX. IMPERVIOUS SETBACKS (FT.)
(FT.) (FT.) BLDG COVERAGE FRONT .REAR SIDE
R -SFA 3,000 sq.ft. 20 85 30 40 25 20 10
R-SFD 6,000 sq.ft. 35b 100 30 40 25 20 5/10f
R -2F 81000 sq.ft. 80 100 30 40 25 25 5/lof
R -3F 10,000 sq.ft. 80 120 35 40 25 25 5/10f
R -MF 12,000 sq.ft. 100c 120 35 50 25 20de 15des
C -O 0.5 acres 150c 120 20 70 25 20de 24de
C -RS 0.5 acres 150c 120 20 70 25 20de 2p'de
C -HI 1..0 acres 150c 120 20 70 25 20de 2pde
I 1.0 acres 200c 200 40 50 35 35de 35de
-P---------a--- a----------a---------a------a----------a-------a ----a
P 0.5 acres 150c 120 20 70 25' 2pde 20de
OTHER a a a. a a a a a
a as approved by the Commission
b 50 ft. minimum width is required at the front
and rear building setback lines
c minimum street frontage for individual (as opposed to
common) access shall vary according to the
classification of the fronting street
d Side and rear setbacks shall be increased by two
horizontal feet.for each verticle foot of building
height in excess of these horizontal dimensions for
parcels abutting property platted or used for
residential purposes. F -ox lots abutting property used
for non-residential purposes. Side and rear setbacks
shall be increased by one horizontal foot for each
vertical foot of building height in excess of 35 feet
e Side and rear setbacks may be reduced by 50% along lot
lines abutting property used and/or platted for
commercial or industrial purposes.
f a total distance of 15 feet is required between
buildings with a 10 ft. minimum side setback being
required on one side of each lot
g for multi -dwelling units, this applies to the exterior
side of end units
89 Sunset Revisions/jwf 10
37030.E Bufferyard Requirements
[ Figure 37030 is the graphic illustration
width./planting options. Revise as follows,
For Type 'E' bufferyard, remove "B" (berm)
and add it to the 15 -foot width. ]
of bufferyard
to correct error.
from the 20 -foot width
[ Add Footnoted I Any fence constructed to satisfy bufferyard
requirements shall be opaque and shall be six feet in height,
except as otherwise provided in section 37040 or as otherwise
approved by the Commission.
37030.F.
Parking
Lots.
When
a
parking lot is
located between a
public
street and
a building,
or
when parking
is the primary use
of a parcel, a type 'D' bufferyard as
shall be provided between the street
described in Figure 37030
and parkinq lot.
To reduce the thermal impact of unshaded parking lots, trees
shall be planted throughout parking lots so that no portion of
the lot is more than 64 feet away from the trunk of a tree unless
otherwise approved by the Commission.
42030 Fee Payment In -lieu of Park Land Dedication
[ Revisions to Section 42030 reflect the procedures established
by City Council Resolution 880288 of August 23, 1988. I
The following procedures and conditions shall be complied with in
determining the amount of the in -lieu payment.
1. The fair market value of the land shall be
determined no more than six (6) months before
submission of the final plat to the City Council.
2. The representative cash value of the land that
would otherwise be required to be dedicated shall be
the full and fair market value of the raw land plus a
proportionate share of those incidental costs as
defined in Section 42070 of these regulations which
would be attached to a subdivider in those cases where
land itself was given. Such value shall be determined
by averaging the value of all residentially zoned
acreage in the preliminary plat.
3. The City staff shall accept as fair market value
the value most recently established by the Williamson
County Appraisal District as the appraised value of a
parcel or parcels included within a plat.
89 Sunset Revisions/jwf 11
[ Park land fee, continued ]
4 4. l'he-fall-r a ket-value-shell-lie-effete t tl�ed-by
�e�et�a�lo�s-be�we�n-the-sttbd��lde�-a�c�-the-�lty®--l€
r�egatlalans-haeme-ailec-e-eaeh-ageerae�t A
subdivider who believes the fair market value of land
included within a plat to be different from the
appraised value established in accordance with the
preceding Section 3 may request that the Council, with
the recommendation of the Commission, approve an
alternative fair market value for the purpose of
computing a fee in lieu of park land dedication. The
subdivider's request shall be submitted in writing
with appropriate supporting material to the Director
on or before the established deadline for submittal of
items for the Commission's agenda.
5. It is the intent of the City in establishing the
procedures in the preceding Sections 3 and 4 to
provide a simple, equitable and expedient method of
determining fair market value for the purpose of
computing in -lieu fees. However, if a subdivider
requests approval of an alternative fair market value
and the Council does not approve an alternative 'fair
market value as provided in the preceding`Section 4 by
the time the final plat is submitted, then within five
days an appraisal Board, whose appraisal shall be
final and binding on both parties, shall be appointed
to determine the fair market value. The appraisal
Board shall consist of three qualified real estate
appraisers, one selected by the City, one selected by
the subdivider, and one selected by the chosen
appraisers. The appraisers' fees shall be paid
Jointly by the City and the subdivider. Within ten
(10) days, the Appraisal Board shall tender a report
of the fair market value of the land as of the date
the Appraisal Board was appointed.
60000 Administration
60070 Variances
[ Whenever . . . the strict application of these regulations
would result in substantial hardship or inequity, the Commission
may vary or modify, except as otherwise indicated, the
requirements of subdivision design or site design but not of
procedure or improvements, so that an owner may develop property
in a reasonable manner but so that, at the same time, the public
welfare and interests of the City are preserved in accordance
with the following provisions:
89 Sunset Revisionsjjwf 12
[ Variances, continued
A. The Commission may approve and the Council may ratify
variances to the design standards for a limited range of
features . .
MM
B.
Such modification
may be granted upon written request of
the
subdivider
stating the reason
for each modification and
each
modification
may be approved
by four-fifths (4%5) vote
of
the regular
full membership of
the Commission, subject to
the
acceptance
of the plat and the
dedications thereon by
the
Council.
In granting approval
of a request for variance
the
Commission
shall
make
findings
that.
a. The public convenience and welfare will be
substantially served; and
b. The appropriate use of surrounding property will not
besubstantiallyor permanently impaired or
diminished; and
c. The applicant has not created the hardship from
which relief is sought; and
d. the 'variance will not 'confer upon the applicant a
special right or privilege not commonly shared or
available to the owners of similar and surrounding
property; and
e. The hardship from which relief is sought is not
solely of an economic nature.
70404 Definitions
B. For the purpose of these regulations, certain terms
herein are defined as follows:
Public Use: Places of non-commercial public assembly or
administrative functions where the primary activity is
contained within a building(s), including but not limited to
churches, schools and government buildings.
89 Sunset Revisions/jwf 13