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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