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HomeMy WebLinkAboutORD 2015-49 - UDC Executive AmendmentsORDINANCE NO. '►L () k S — � i An Ordinance of the City Council of the City of Georgetown, Texas, amending portions of the Unified Development Code (UDC) relative to the UDC text amendment process, Special Area Plan Overlay Districts, event facility land uses, outdoor living areas, and unified developments including Chapters 2-7 and 16 of the UDC, Passed and Adopted on the 111hDay of March 2003 Repealing Conflicting Ordinances and Resolutions; Including a Severabty Clause; and Establishing an Effective Date. Whereas, on March 11, 2003, the City Council of the City of Georgetown, Texas, adopted a set of comprehensive development regulations known as the Unified Development Code ("'UDC") via Ordinance No. 2003-16 which codified various zoning and subdivision standards; and Whereas, the City Council established a Unified Development Code Advisory Committee on November 12, 2011 to review%iro:rjosed or reLtuested amendments to the Unified Development Code other than executive amendments which are those amendments that are nondiscretionaryf mandatory', or legislative revisions to address state statutes or case laws, ratify published director determinations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel, and Whereas, the amendment language contained in this ordinance is executive in nature as it ratifies published director determinations and incorporates recently approved Council ordinances into the UDC; and Whereas, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of August 18, 2015, and recommended Rpproval of the amendments to the City Council. Now therefore, be it ordained by the City Council of the City of Georgetown, Tex"" that- I 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 vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance Number: —Q 0115 —4 9 Description: UDC Executive Amendments Date Approved: —Q� -21--at6 Page 1 of 2 Exhibit A Attached Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan. Section 2. Portions of the Unified Development Code are hereby amended as = 6=4 BrIm 1I I 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. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of state law and the City Charter of the City of Georgetown. Z 1 1 1! , 1 1 1 1 1 11 111 1111 111111131 9W THE CITY OF GEORGETOWN: Dale Ross Mayor Lk Bridget Chap a4 City Attorney Ordinance Number: D.Oks—'LA9 Date Approved: c) _ ATTEST: Page.2 of 2 Exhibit A Attached Chapter 2 Review ALIthority DOCK1333ME Section 2.08 Unified De mittee 2.07.010 Powers and Duties The UDC Advisory Committee has the followin-a- powers and duties: A. Review and Recommendation The UDC Advisory Committee shall review and make recommendations to the Planning and Unified Deyelgj2njgnt Code_-UI�C other than executive amendments which are those amendments that are nondiscretioniary,_ ess state statutes or case lea N �vs ratifv published director interoa•.etations incorporate recenlltjly a � •)roved Council ordinances, a°ocess City Cotancil designated ewer enc�r items or address revisions otherwise determined necessary by le(zal counsel, 2. Make recommendations and advise Council on the proposed amendments to the UDC, 3. Provide an additional for osed amendments to the UDC, and 4. Assist the zeneral oublic in understand ing-the proposed amendments to the UDC. 2.04.020 MershjR) a _gnd_Ay:LgWs The UDC Advisory Committee shall be constituted and conduct all activities in accordance with the- Citv Chart Page 1 of 16 'Chapter 3 Applications and Pert Page 2 of 16 City Limits Extraterritorial Jurisdiction Prior to Subdivision, Platting and any Development Comprehensive Plan Amendment X X Rezoning (Zoning Map Amendment) X Historic Overlay District Designation X Historic Landmark Designation X Special Use Permit X Development Agreement X X Access Point Connection Exemption L X X Subdivision &t Platting of Land Recording Plats X X Preliminary Plat X X Construction Plans X X Plat Vacation X X Plat Waiver X X Development Application Process Site Plan X Construction Plans X Zoning Verification Letter X Legal Lot Verification Letter X X Temporary Use Permit X Master Sign Plan X X Certificate of Appropriateness X Appeal of an Administrative Decision X X License to Encroach X X Variance X Administrative Exception X Special Exception X Stormwater Permit X X Driveway Permit X X Sign Permit X X Courthouse View Height Determination X Page 2 of 16 3.05.010 enter Amendments to this Unified Development Code UD may be made in order to establish and maintain sound, stable, and desirable development within the jurisdiction of the City, to correct errors in the text or because of changed or changing conditions in the City. All text amendments shall be consistent with the Comprehensive Plan. A. The UDC shall be reviewed on an annual basis: as provided for within this Section. A citizen cin ro erty owner pray rec nest at am tizze that a ro used text amendment be considered within the review orocess in manner provided by the Director. The Citv Council shall have final au royal of an amendment list identiNint- those items warranting review. B. The Director, or desiinall)r gneg11 epare and the Unified Deyglapinent sh Code Advisory Committee shall review IqEZLici,--eiddressiii-tl-tose items— identified on the amendment list. The Unified Developtnerzt Code Advzczry Ccrmrarittee shall hold a public hgLnn4 on th �arin Y -=e proposed amendments and forward a recommendation to the Planning and ronin Ccrmnzissioz� arld the City Council. C. The Plannn azrd Zoning Coarzarzission shall hold: a alalic hearin== on -the ro osed amendments and forward a recommendation to the Citv Council. D. The Cite Council shall then h osed amendments to the UDC; cc in accordance with Section 3.03 of this Code. F. The amendment shall become effective in the manner covidecl iav the City Charter or State Law. I I I A. A: �n amendment to this UDC, rnavbevrocessed—,'�,', as an executive amendment separate1v from the annual review -42 �cess -tendment is nondiscretionarv, -iandatorx, o -islative in if the an n r le�- nature and: :1. Is necessar° in oz der to address state statzrtesor case laws; 2.Is necssary in order to ratify a jazzblisled Director irzterprtation 3. d Council ordinances- or 4. Addresses revisions otherwise determined necessaE�,by le al counsel. Page 3 of 16 the UDC is an emergency and instruct thejDjiLrE�ej�ctor t �rocess the revision to be executive amendment separate from the annual review process. In the same manner, Citv Council, mav consider ai)Dfications from the oublic reauestin- such erner-encv amendment to the UDESuch emergency amendments should be the exception and should on1v be welfare of the Citv and the safe, orderlv, and healthful development of the Cityj 2. The Citv Council determines that waiting for the annual UDC review n—r—o is not in the best interest of the Citx-. and 3. The UDC do revision. C. An amendment under this Subsection shall be processed as follows: 1. The Director Commission shall hold a vublic hearing orl th Dr ment and forward a -2ninLimposed an -tend recommendation to the Citv Council. 2. The Citv Council shall th amendments to the UDC. 3. ublic notice in accordance with Section 103 of this Code. 4. The amendment shall become effective in the Page *of1e A MM 3.05.050 Approval Criteria In determining whether to approve, approve with modifications or disapprove a proposed amendment, the City Council shall consider . ;.. _ .:, -. whether the proposed amendment: A. promotes the health, safety or general welfare of the City and the safe, orderly, and healthful development of the City. B. 'Is consistent with the Comprehensive Plan,1 C. Is necessary to address conditions that have chanced in the Citv� D. Would positivelyornegatively impact the environment or community; E, Is in conformance with other -atat�lical�le e tiozas of tlae City Code. Page 5 of 16 Chapter 4 Zoning Districts Section 4.01 Establishment of Zoning Districts The following Zoning0 Districts may be established for the City of Georgetown as authorized by the City Charter and Chapter 211 of the Texas Local Government Code. Table 4.01.010 Zoning Districts Milli 111111 Residential Estate Residential Low Density 'Residential Single-family Townhouse ow Density Multi -family gh Density Multi -family ��manufactured Housint Neighborhood Commercial Local commercial General Commercial anon Agriculture Business Park Public Facilities Planned Unit Development iii Mixed Use Downtown pecial Area Plan Overlay Downtown Overlay *ld Towrr-,,#'veriay ®'Designateed Historic District Historic Landmark Designation Courthouse view Protection �,'qateway Overlay -Residential Housing Diversity Conservation Subdivision ultkLot Unified DeveloDmont Page 6 of 16 Section 4.05 Special Development Types This Section establishes two types of development that may be applied across more than one zoning district. 4.05.030 Multi -Lot Unified Derre [gpMent To encour certain setback development standards for prgj2osed unified developments across multi-oleabutting roverties with similar ancl com atible rises aticl zotti i districts. Pro ernes of a Multi -Lot Unified Devej2phent may be developed in accordatrce with the sions: A. Multi -Lot Unified wnlioLise Density Multi -fair ilv (MF-2),Nei ahborhood Coml.Industrial (INI, Agriculture (AG), Business Park (BP), and Public Facilities (PR Multi -Lot Unified develooments shall not be vermitted in anv sin -le -family or two-family residential tonin districts. B. A Multi -Lot Unified Developqient shall be documented under a single develor)ment appliLcation, either a Subdivisi d in this Code. The C. All lots or parcels within the boundaries of the Multi -Lot Unified Dej,eLot�ment must lie develoved in accordance with the approved plat or Site Development Plan. Any deviations will result in the submitta tion. D. The Citv may reouire a private ingress, egyress, cross -access and oarkin� easement over and across the varkine- areas and roadways within the boundaries of the Multi -Lot Unified DeveloT)ment to ensure adecivate off-street varkina, as well as safe vehicle, emerzencv and pedestrian access for the r LLL!ierties. Multi -Lot Unified De id in Sections 6.07 and 7.03 Section 4.07 Special Area Plan Overlay District This Section contains specific standards for designated Special Area Plan (SP) Overlay Districts. The standards for this Section must be met in addition to any standards of the underlying District. nPialbrITM, A. The SP District may be established in any base District other than the PUD or IN District. Art SP District may be established over more than one base District. B. The SP District will be established only by action of the City Council, following the procedures for establishment of a Planned Unit Development, with the Director acting as the applicant. Page 7 of 16 4.07.020 Permitted Uses Any use permitted in the underlying base Districts shall also be permitted in an SP District, unless otherwise limited by the particular SP District regulations. Page 8 of 16 Page 9 of 16 MITIM-1 Page 14 of 16 Chapter 5 Zoning Use Regulations V11"A"Exxx= W. E,ven1_fggj[M An Event Facilitv standards and limita-tio-n-s- 1. A Special Use Per it is rec vire iii tl�e - aril %' Lei tri is for l vent l ac lines ctesi ries to- host events with more tl-ian 300 atten C-1 and MU -DT districts for all Event Facilities. Page 11 of 16 Table s.04.010 Commercial Uses Live Music or Entertainment NONE Dance Hall or Nightclub 'Theater, Movie or Live Membership Club or Lodge exually Oriented Business MEMNON mom on Major Event Entertainment AIC::on Commercial Recreation no No IA1 MEMO Driving Range 111 Firing Range, Indoor Firing Range, Outdoor ........... W. E,ven1_fggj[M An Event Facilitv standards and limita-tio-n-s- 1. A Special Use Per it is rec vire iii tl�e - aril %' Lei tri is for l vent l ac lines ctesi ries to- host events with more tl-ian 300 atten C-1 and MU -DT districts for all Event Facilities. Page 11 of 16 2. env outdoor live music or entertainment area shall be shown on a Site Plan and shall beset back a miniMLIM of 50 feet from the roir)ertv line of -a residentially -z2ntd-RjgRej 3. Anv live music or entertainment in association with an event is ode. Page 12 of 16 IMM Chapter 6 Residential & Agriculture Zoning Districts., Lot, Dimensional & Design Standards qii I I pi I I I, is 11"11"11"12= The following features are allowed to be located within a required setback: 1. Landscape features (as defined in Chapter 16). 2. Driveways located: a. in a front setback, provided that the driveway does not run parallel to a public street; b. in a side setback, if serving a side -loaded or detached rear garage or other parking area; or c. in'a rear setback, if accessed by a rear alley or public street. 3. Sidewalks, fences, and walls, meeting the requirements of Section 8.07 4. Uncovered patios and pools, but only if located in the side or rear yards at least 3 feet from the property line. S. Uncovered outdoor kitchens located entirelt3 itl�in the side and c rear vas°d grid setback at least 3 feet from side and rear troperty lines: 6. a. located orts and overhangs: b. setback at least 3 feet from side and rear lornnerty lines; maintained with at feast 0"l aten riof elements; d. notencloseditlt road to reofrils other than that of the ria; structure ecce f that a shadin- system with at least 50% traisparencv is permitted oto tp to tiro sides, and e. no more than 8 feet in height. .7. Minor utilities. 58. Mechanical equipment such as air conditioning units, pool pumps, and similar equipment, but such equipment is not allowed in the front setback and is allowed in the side and rear setbacks only if such equipment cannot be reasonably located behind the structure. Sills, belt courses, cornices, buttresses, chimneys, flues, eaves and other architectural features provided that such features do not extend further than 18 inches into any required setback. Page 13 of 16 Parkin -0 areas that cover up to 50% of the required front setback, provided that: a. Landscape buffers eight feet wide are provided between the property line and the nearest side of the parking pad, and also between the structure and the nearest side of the parking pad. These buffers must be landscaped and each shall contain a 3 foot high screen consistinor of a continuous berm, hedge or wall; 0 b. The parking is on a paved surface, as that term is defined in this Code; and c. The impervious coverage requirements in Section 11.02 are met. �Al. None of the features above (except plant material and public sidewalks) shall extend into a public easement without approval of a License to Encroach. rXTzzT3n= 6.07.030 Multi -Lot Unified DevelgpMent A. Multi -Lot Unified ve and and Two- Earnil�TF z�oningd�istricts. B. Abuttir— orooerties with similar resjdenjj2j_K2njndistricts and that are artof a ll lti-1 of Unified Develo ent pursuant to Section n05.0 Ci of this Code n av be develo ed in accordance with is Code. Page 14 of 16 21= Chapter 7 Non -Residential Zoning Districts: Lot,, Dimensional, and Design Standards M E. Multi -Lot Unified Development buttit ro ernes t ifl� similar tonin districts and that are art of a Multi -Lot Unified e may be develnilNeel in accordance with the following standards: located within the rmir.d setback of an interior lot line and cross interior lot lines of a Multi -Lot Unified Qeyelc merit. n interior lot line of a Multi -Lot Unified structure be constructed across an interior lot line in accordance with Section .02. 10 of this Code. c. The exce ck or across lot lines shallon1v niolv to the interior lot lines of a Multi -Lot Unified i�c vela' merit and shall only be errnitted cvlaen no lartffervard is re hired r Table 8.04.060 of this Code. All setback an t lines of the Multi -Lot Unified l tvelotanient: 2. This subsection does not tanned districts as identified in Ch,a ter;o t ific uses as identified inf h-ipter 5 of this Code. Page 15 of 16 Chapter 16 Definitions Section 16.02 Definitions I ,Irn Event Facill . A building ---j,— r site available for rental Event Facility does not include an event room available for rental in a structunilata�si'ra aaat�tlaer ia�aar� use where the event room rental is an a ce c �t ease tca t}�e' rin��a as e 1.e, nerd I e taxa aat) car Communitv Center as it is defined in this Code. f cress - beam _gjirders and lattice system. Unified Dever nmerit CodeCity Council to advise cil on amendments to the Unified,DeYelt n�e��t Code. Page 16 of 16