HomeMy WebLinkAboutORD 2019-50 - 3167 Omnibus Shot ClockOrdinance No. 0 7 5?)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("CITY") RELATING TO APPROVALS,
PROCESSING, AND REQUIREMENTS FOR PLATS AND
PLANS PURSUANT TO CHAPTER 212 OF THE LOCAL
GOVERNMENT CODE; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; MAKING SUCH OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, House Bill 3167, enacted by the Texas Legislature on May 21, 2019
and signed into law by the Governor on June 14, 2019, requires the municipal authority
responsible for approving plats to approve, approve with conditions, or disapprove a
subdivision plan, subdivision construction plan, site plan, land development application,
site development plan, preliminary plat, general plan, final plat, or replat within 30 days of
the date the application is filed, beginning September 1, 2019; and
WHEREAS, House Bill 3167 requires the municipal authority responsible for
approving plats to issue a written statement that sets forth the conditions of a conditional
approval or reasons for a denial, to which the applicant may submit a response that purports
to address said conditions or reasons, and the municipal authority must approve, approve
with conditions, or disapprove the application within 15 days of the date the response is
filed; and
WHEREAS, the Planning and Zoning Commission (the "Commission") is the
municipal authority responsible for approving plats within the city limits or the ETJ of the
City; and
WHEREAS, site development plans, subdivision construction plans, and other land
development applications that are not plats currently only require administrative approval
under the City's Unified Development Code ("UDC"); and
WHEREAS, the City strives to provide comments on all complete development
applications within four weeks of submittal, a metric attained 90% of the time in 2018, and
comments on all resubmissions within two weeks of resubmittal, a metric also attained
90% of the time in 2018; and
WHEREAS, House Bill 3167's requirement that the Commission must approve,
conditionally approve, or deny all plats, plans, and other land development applications
would have required the Commission to have acted upon over 500 additional applications
in 2018; and
Ordinance Number: ❑ Page 1 of 4
Description: HB 3167 Omnibus Ordinance
Date Approved: ��2019
WHEREAS, in order to bring all plats, plans, and other development applications
to the Commission for final action within 30 days of the date the application is filed, as
well as all resubmissions to the Commission within 15 days of the date the response is
filed, the City will be required to limit the days on which said applications can be filed;
and
WHEREAS, in order to bring all plats, plans, and other land development
applications to the Commission for final action within 30 days of the date the application
is filed, as well as all resubmissions to the Commission within 15 days of the date the
response is filed, the City will be required to dedicate additional resources to the review of
said applications; and
WHEREAS, in the near future the City intends to amend various provisions of the
UDC to comply with House Bill 3167, but the imminence of the September 1, 2019
effective date of House Bill 3167 requires the City Council to forthwith enact an omnibus
ordinance that establishes new procedures relating to approvals, processing, and
requirements for plats and plans that comply with the legislation and that supersedes any
conflicting provisions in the UDC; and
WHEREAS, the City Council finds it necessary to adopt the provisions regarding
certain development applications in order to comply with House Bill 3167 as set out herein.
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.
Section 2. The following provisions shall apply to all applicable applications filed
with the City after September 1, 2019.
A. Notwithstanding any provisions of the City's Unified Development Code ("UDC")
or the Commission's Bylaws to the contrary, the Commission shall be the final
authority for the following applications:
1. Subdivision Plat (UDC Section 3.08)
2. Site Development Plan (UDC Section 3.09)
3. Stormwater Permit (UDC Section 3.17)
4. Driveway Access Permit (UDC Section 3.19)
5. Subdivision Variances (UDC Section 3.22)
6. Heritage Tree Removal Permit (UDC Section 3.23)
7. Heritage Tree Pruning Permit (UDC Section 3.24)
8. Construction Plans approval (UDC Section 3.08.100)
9. Traffic Impact Analysis approval (UDC Section 12.09)
Ordinance Number: 0 Page 2 of 4
Description: HB 3167 Omnibus Ordinance
Date Approved: hMM&tAj4 2019
B. Notwithstanding any provisions of the UDC or the Commission's Bylaws to the
contrary, the Commission shall approve, conditionally approve, or deny the
applications set forth in Section 2.A. of this Ordinance within 30 days of the date
the application is filed with the City, as well as any resubmittals within 15 days of
the date the response is filed with the City, and the UDC Development Manual
adopted pursuant to Section 1.11 of the UDC and the bylaws of the Commission
shall be amended accordingly.
C. Notwithstanding any provisions of the UDC to the contrary, for purposes of this
Ordinance and Section 212.009 of the Texas Local Government Code, an
application is considered "filed" on the date it is submitted to the City and all
application fees have been paid, so long as the application is administratively
complete.
D. Notwithstanding any provisions of the UDC to the contrary, an application is
considered "administratively complete" if the application contains all of the
documents and other information necessary to comply with the City's technical
requirements relating to the form and content of the application, as set forth in the
UDC Development Manual.
E. Pursuant to Section 212.009(b-1) of the Texas Local Government Code, an
applicant may request in writing that the Commission extend the 30-day review
period by an additional 30-days, and the Commission shall approve or deny the
extension request at the next -available Commission meeting.
F. Beginning September 1, 2019, and notwithstanding and provisions of the UDC or
the UDC Development Manual to the contrary, the applications set forth in Section
2.A. of this Ordinance may only be filed with the City not more than once per
calendar month, and responses to conditional approval or denial of said applications
may only be filed with the City not more than twice per calendar month.
G. The Director of the City's Planning Department shall, prior to September 1, 2019,
publish a calendar of the dates within the next calendar year on which the
applications set forth in Section 2.A. of this Ordinance may be filed with the City,
as well as the dates within the next calendar year on which responses to the
conditional approval or denial of such applications may be filed with the City, and
the UDC Development Manual shall be amended accordingly.
H. The Director of the City's Planning Department shall, prior to September 1, 2019,
bring before City Council a resolution for the adoption of a new application fee
schedule, effective September 1, 2019, that will cover the additional cost to the City
in order to comply with House Bill 3167.
Ordinance Number: O 1 Page 3 of 4
Description: HB 3167 Omnibus Ordinance
Date Approved: �2019
Section 3. All ordinances or resolutions that are in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other ordinances or resolutions
of the City not in conflict with the provisions of this ordinance shall remain in full 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 and be in full force and effect
in accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the �of2019.
PASSED AND APPROVED on Second Reading on the �� of 2019.
ATTEST:
7-6� b—"Wok-
Robyn Densmore, City Secretary
APPRO "S 'TO FORM:
Charlie McNabb, City Attorney
THE CITY OF GEORGETOWN
4ji-016
Dale Ross, Mayor
Ordinance Number: Ibl 61--$0 Page 4 of 4
Description: HB 3167 Omnibus Ordinance
Date Approved: I'�`�12019