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Home My WebLink AboutORD 2019-30 - Zoning Use RegulationORDINANCE NO. �7D lot —"Y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 5, ZONING USE REGULATIONS, RELATIVE TO MULTI -FAMILY, FOOD AND BEVERAGE, AND AUTO -RELATED USES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY 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 UDC Advisory Committee on November 12, 2013, to review proposed or requested amendments to the UDC other than executive amendments, which are those amendments that are nondiscretionary, mandatory, or legislative revisions to address state statutes or case laws, ratify published directors determinations, incorporate recently approved Council ordinances, process City Council designated emergency items, or address revisions otherwise determined necessary by legal counsel; and WHEREAS, the City Council adopted Resolution No. 032619-T on March 26, 2019, designating the amendment to the UDC relative multi -family, food and beverage establishments, and auto -related uses an emergency amendment in accordance with UDC Section 3.05.030; and WHEREAS, by City Council declaring this amendment an emergency amendment, it will be processed as an executive amendment that is not reviewed by the UDC Advisory Committee; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the proposed amendment at their April 16, 2019 regular scheduled meeting, and recommended approval of the amendment to the City Council. 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 the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and ORDINANCE NO. 0 PAGE 1 OF 2 DESCRIPTION: ZONING USE REGULKNON5 MF _FOOT} ESTABLISHMENTS. AUTO -RELATED USES). DATE APPROVED: MAY 14, 2019 further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan. SECTION 2: Chapter 5, Zoning Use Regulations, of the UDC is hereby amended as described in EXHIBIT "A" and "B". 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. APPROVED on First Reading this 23 day of April, 2019. APPROVED AND ADOPTED on Second Reading this 14 day of May, 2019. THE CITY OF GEORGETOWN: ddavvl--- Dale Ross Mayor APPR VED A FORM: Charlie McNabb City Attorney ATTEST: Robyn bensmore, TRMC City Secretary ORDINANCE NO. ~ � PAGE 2 OF 2 DESCRIPTION: ZONING USE REGULATIOMS tME POOL] ESTABLISI IME UTO-RELATED USES DATE APPROVED: MAY 14. 2019 EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Chapter 5 - ZONING USE REGULATIONS SECTION 5.02. - RESIDENTIAL USES Sec. 5.02.010. - Residential Uses Allowed by District. Printed on Apr. 11, 19 The following use table presents the residential uses that are allowed in each zoning district, in accordance with the standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section 5.02.020. The 'Notes' column of the table contains direction on the specific limitation of the particular use. Table 5.02.010: Residential Uses Speciis MF MF AG RE RL RS TF TH MH CN C1 C3 OF BP IN PF MUDT MU Notes Use Household Living Multifamily, See Detached Section _ _ J _ _ P Dwelling _ _ _ _ _ _ _ —S 44-1 Units 4.09 Sec. 5.02.020. - Residential Use Limitations. All residential uses shall meet any applicable provisions of the City of Georgetown Code of Ordinances, in addition to the following limitations: E. Multifamily, Attached Dwelling Units. 2. A Special Use Permit, pursuant to Section 3.07, is required for attached multifamily dwelling units as designated in Table 5.02.010 and is subject to the following conditions: Added language is underlined Page 1 of 8 Chapter 5 Deleted language is StFik ""O"s"nh EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Printed on Apr. 11, 19 f. Attached multifamily development in all districts must also meet the building design standards of Section 7:947.03, the lighting design standards of Section 7457.04, and the non-residential landscape requirements of Section 8.04. g. Attached multifamily development in all districts must also meet the common amenity area requirements of Section 6.06.020 and the parkland dedication requirements of Section 13 0513.08. G. Multifamily, Detached Dwelling Uliits. 1. Detached inultifainily dwelling LMits are permitted in accordatice with 'l Ible 5.02.010. 2. A S ecial Use Permit ursuant to Section 3.07 is rec wired for detached muhifamil dwelling units as designated in Table 5.02.010 and is subject to the followhi conditions. a. The location and context of the detached multifamily development shall be secondary and supportive to established surrounding coimmercial uses, lielping to facilitate an activca pedestrian friendly environinew where the mixture of uses enables people to live. work, WaX, and shoes b. Setbacks shall be in conformance with the setbacks of the district in which the detached multifamily development is proposed. c. Building Height ~hall be_iii coiiforinatice with the building 17eiglit of the district in which the detached multifamily development is proposcd. d. Detached multifamily development iii all districts s€iall also ineet the building, des_igit standards of_Section 7.03, the lightin cg iesign_standards of Section 7.04, and the nun -residential I andscal2c.re uirements of Section 8.04. e. Detached multifamily development in all districts must also meet the common amenity area rec uirements of Section 6.06.020 anti the parkland dedication requirements of Section 13.08. 3. In addition to the requirements of Section 5.02.020.G.2 when reviewinz the conceptual site layout required per Section 3,07-the City Council may consider and add conditions provided the regWremeiits of the zuriing district are not exceeded,. to the S ecial Use Permit including but not Iimited to the following: Added language is underlined Page 2 of 8 Chapter 5 Deleted language is StFi k ug EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 a. Location of the develo merit.. b. Amouii L of lot frontage along a commercial corridor; c. Dwell in g units 12er. acre maximum 24 d. Max iinvm buildin p. hei ghts U. Dwelling units per struck f. Tie acid Slumber cif amcjiities; g. Accessory structures;. h. 1:zgress and egress Iocations; and i Landscape buffers. kkk SECTION 5.04. - COMMERCIAL USES kkk Sec. 5.04.010. - Commercial Uses Allowed by District. Printed on Apr. 11, 19 The following use table presents the commercial uses that are allowed in each zoning district, in accordance with all standards and regulations of this Code. Certain uses are allowed with limitations detailed in Section 5.04.020. The 'Notes' column of the use table contains direction on the specific limitation of the particular use. Table 5.04.010: Commercial Uses Specific AG RE RL Use RS MTFTHMF1 M172 MH CN C1 C3 OF BP IN PF MUDTFMU Notes kkk Food and Beverage Establishments Restaurant, General — — — _ _ _ — — L L P L L S L P E, A Restaurant, Drive- — — — — — — — — — S L P L — S E, A through 5 Added language is underlined Page 3 of 8 Chapter 5 Deleted language is `tFigig, EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Printed on Apr. 11, 19 Specific AG RE RL RS TF TH MF1 MF2 MH CN C1 C3 OF BP IN PF MUDT MU Notes Use Bar, Tavern or Pub _ - - - - - - S L L - - - - S F, A Micro Brewery, e+ Micro Winery, car - - -- ---- - - - - - L L L - - - - L G, A Micro Distillery kkk Automotive Sales and Services Automobile Sales, Rental or - - - - - - - - - - S - P - - S Leasing Facility Commercial Vehicle Rental or S P - - X - Leasing Facility Automobile Parts and Accessories - - - - - - - - - S P - - - A Sales, Indoor kkk Automobile Repair and Service, - - - - - - - - - - S - - P - - �V - General Fuel Sales - - - - - - S L - S P - - U-T Fuel Sales with more than ten -- - - - - - - - - - - S - P - - T4-7 multi -fuel dispensers Car Wash - - - - - - - - - S PLl S P - - V_U kkk Added language is underlined Page 4 of 8 Chapter 5 Deleted language is StFik�„,�mug„ EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Sec. 5.04.020. - Commercial Use Limitations. Printed on Apr. 11, 19 All commercial uses shall meet any applicable provisions of the City Code of Ordinances, in addition to the following limitations. Outdoor display and storage requirements, if applicable, shall be met in accordance with Section 5.09. A. Building Size Limitation. Commercial, retail, service, and office buildings are limited to the following maximum building size: 1. In the CN District, the floor -to -area ratio shall not exceed 0.3. The maximum building size of each building on an individual lot or parcel shall be 7,500 square feet. 2. In the C-1 District, the floor -to -area ratio shall not exceed 0.5. F. Bar, Tavern or Pub, Dance Hall or Nightclub. A bar, tavern, pub, dancehall, or nightclub is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: 1. The establishment shall be located no less than 300 feet from a church, public or private school or public hospital, subject to the measurements of the City Code of Ordinances. OFclinan Reserved. 3. The establishment is subject to the provisions of Chapter 6.40, Alcoholic Beverages, of the City Code of Ordinances. G. Micro Brewery of -Micro Winery or Micro Distillery. A micro brewery, e+L-micro wineryis permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: 1. A micro brewery, er-micro winery, or micro distillery shall be located no less than 300 feet from a church, public or private school or public hospital subject to the measurements of the City Code of Ordinances. Added language is underlined Page 5 of 8 Chapter 5 Deleted language is 54ik g EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Printed on Apr. 11, 19 2. A micro brewery, er-micro winery, is subject to the provisions of Chapter 6.40, Alcoholic Beverages, of the City Code of Ordinances. T. Fuel Sales. A fuel sales establishment is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: 8. In addition to the requirements in Section 7-.057.04, any freestanding light fixtures shall be reduced in height to 15 feet if the use is adjacent to a residential district. NOTE: Subsection T1 has been renumbered and moved to Subsection Z T4. Fuel Sales with more than ien multi fuel di U. Car Wash. A car wash is permitted in accordance with Table 5.04.010 and subject to the following standards and limitations: A self-service car wash facility may contain a maximum of four self-service bays. 2. A fuel sales use is not allowed with either a full -service or self-service car wash. V, ResevvedAutomobile Repair and Service. General. 1. In the General Commercial C-3 District temi2orary outdoor storage of automobiles awaiting service or Li.ick-upis perniftted within the guidelines specified in Section 5.09.030. No other outdoor storage is allowed in the C:-3 District. 2. In the Industrial (IN) District, all outdoor storage, except as limited in 5.09.030, is permitted. Added language is underlined Page 6 of 8 Chapter 5 Deleted language is stFikethFeHgh EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Printed on Apr. 11, 19 X. Reserved Commercial Vehicle Sales, Rental or Leasing Facility. Commercial Vehicle sales rental or leasing facility is permitted in accordance with Table 5.04,010 and subject to the following standards and limitations: 1. Lighting. Fixed lighting shall be shielded or have cut-off fixtures to 12reveilt direct glare of beams onto any adjacent pttblic or private ro ert , or street. Light oles shall be p)laced no closer that? 45 feet a part. 2. Screening from Residential. Screcnit7 * nicetin, the guidelines -of i 1li gh Level $offer yard shall be provided a Igig all lot liras abutting or adjacent to a let idential District or when adjacent to an existing single-family home in the AG District, or when adjacent to an existiltl; single -fa mil), homo in the ETi that is Rlatted arnd }Manned for residential ttse oti the Future Land Use Mau. 3. Outdoor Display and Storage. a. Disptay and storage areas shall be dearly shown on the Site Plan and identified on the site. b. Outdoor display of commercial vehicles shall be set back a minimum of 25 feet from all lot Iines abutting residentiatly zoned or developed property. C. Outdoor storage shall be located belihid the from bgiiding facade of the primary structure. d. Permanent and temporary tent catin ies may be erected over areas used for automobile spies display and shall not be considered buildings, but may not encroach into building setbacks, regttt,red parking spaces, drive aisles or bufferyards. All necessary buildhigperm it:s shall be required, but a revision to an existing Site P - shall not be required if the tent canopy is located over an existing display area. Al.l safety issues regard in g fire and bitildivig codes shall be addressed. 4. Accessory_ Uses. Au.tn:mobile Repair and Service Limited and General and Automobile Parts and Accessory Sales, Itldaor _shaiI be allowed accessory uses with a Com.mercial Vehicle Added language is underlined Page 7 of 8 Chapter 5 Deleted language is StFik�, gh EXHIBIT "A" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Printed on Apr. 11, 19 Sales Facility. Automo bike Repair and Service General shell not be perrnitted on the prErnises of a Rental Facility aird any allowed limited repairs shall be pej-foriried only within the principal building; Z. Fuel Sales with more than ten multi -fuel dispensers. A Special Use Permit For a fuel sales establishment with more than ten multi -fuel dispensers (20 fuel positioiis) shall be required in the General Commercial &Ll , i ii district pursuant to Sectitm 3.07 and subject to tl e stajida.rcds in subsections T 4 through ('1r)(9) above. Added language is underlined Page 8 of 8 Chapter 5 Deleted language is StFil( gh EXHIBIT "B" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Chapter 16 - DEFINITIONS SECTION 16.02. - DEFINITIONS The following definitions describe terms found in this Code. Commercial Use. See "Use, Commercial". Printed on Apr. 11, 19 Commercial Vehicle. A vehicle t i r corn bjnation of vehicles used to trans porl Lassen ers or l2roperix that: 1. i•las a manufacturer's rate•tl carryiial; �+t[ri�ht c�clu71 to nr krcater than [me anc�,ntle_l�yif lops; 2. is designed to transport 16 or more passengers, includingtlie driver; I Is transporting iazardous materials and is required (o be vlacarded under 49 C.F.R. Part 172, Subpart F, as amended: 4. Is a "road tractor" as that term is defined in Chapter 541 of the Texas Transportation Code- s. Is a "truck tractor" as that term ifi defined in Chapter 511 of the Texas Tran_s�)ortati n Co e• 6. is a '12ole trailer' as that tcrin is defined in Chapter 541 of the Texas Transporta t ioji C de. or 7. Is a "'tmitrailcr" as that term is defined in Chapter 541 of the Texas Transl2orkation Code_ Commercial Vehicle Rental or Leasing Facility, A facility engaged in the rental of commercial vehicles i TICI Ud i nr, incidentxal stura e and limited servicin =. Commercial Vehicle Sales Facility, The sale of commercial vehicles including incidental storage, maintenance, and servicing, Micro brewery. A retail establishment where beer is produced on the premises for in-house consumption and sale. Food sales or a restaurant may also be included, as well as associated retail sales. A microbrewery typically produces less than 15,000 barrels annually. Micro Winery. A retail establishment where wine is produced on premises for in-house consumption and sale. Food sales or a restaurant may also be included, as well as associated retail sales. A micro winery is typically a small wine producer that generates up to 15,000 gallons of wine annually. Added language is.underlined Page 1 of 2 Chapter 16 Deleted language is 5tFik g; EXHIBIT "B" Zoning Use Regulations (Executive Amendment) UDC Amendment No. 11 Printed on Apr. 11, 19 rblicro distill iy._A _r. lail, establishrnenttiyliere_alcoliol is produced ort the premises for ill -!louse c(x111AIM)tiun anti sale. Food sales or a restaurant may also be 1 I)CI Ll d e.d as well as associated retail sales. A micro-dis€illery € r icall y krodttces loss llian 15,000 barrels a inual3 . Added language is underlined Page 2 of 2 Chapter 16 Deleted language is StFi gr