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