HomeMy WebLinkAboutORD 2019-37 - UDC Amendment ParklandORDINANCE NO. &�ZO ` ` 0' 3-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, AMENDING CHAPTER 3, APPLICATIONS AND PERMITS, CHAPTER
6, RESIDENTIAL DEVELOPMENT STANDARDS, CHAPTER 7, NON-
RESIDENTIAL DEVELOPMENT STANDARDS, CHAPTER 8, TREE
PRESERVATION, LANDSCAPING AND FENCING, AND CHAPTER 13,
INFRASTRUCTURE AND PUBLIC IMPROVEMENTS, OF THE UNIFIED
DEVELOPMENT CODE (UDC) RELATIVE TO THE PARKLAND DEDICATION
REQUIREMENTS, BUILDING STANDARDS IN THE MULTI -FAMILY
RESIDENTIAL ZONING DISTRICTS, PUBLIC NOTIFICATION
REQUIREMENTS FOR LAND USE CHANGES, AND SETBACKS AND
BUFFERYARDS WHEN NON-RESIDENTIAL DEVELOPMENT IS LOCATED
ADJACENT TO SINGLE-FAMILY DEVELOPMENT IN THE ETJ; 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 042418-X on April 24, 2018, adopting the
Unified Development Code (UDC) General Amendments List for 2018/19; and
WHEREAS, amendments relating to parkland dedication requirements, building and site
design standards of the multi -family residential zoning districts, public notification requirements
for land use changes, and setbacks and bufferyard standards when non-residential development
is located adjacent to single-family development in the ETJ were identified as Priority 1 in the
2018/19 UDC General Amendments List; and
ORDINANCE NO. 49 d PAGE 1 OF 3
DESCRIPTION: PARKLAND. ML.!LTL-rAMTI Y BLDG STANDARDS, PUBLIC NOTIFICATION: EXHIBITS A - G
NON RESIDENTIAL STANDARDS
DATE APPROVED: MAY 14, 2019
WHEREAS, the UDC Advisory Committee conducted a Public Hearing on the proposed
amendment at their April 10 and May 8, 2019 regular scheduled meetings, and recommended
approval of the amendments to the City Council; and
WHEREAS, the Parks and Recreation Advisory Board considered the proposed
amendment relative to the parkland dedication requirements at their April 11, 2019 regular
scheduled meeting, and recommended approval of the amendment to the City Council; and
WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the
proposed amendments at their April 16 and May 21, 2018 regular scheduled meetings, 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
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 3, Applications and Permits, Chapter 6, Residential Development
Standards, Chapter 7, Non -Residential Development Standards, Chapter 8, Tree Preservation,
Landscaping and Fencing, and Chapter 13, Infrastructure and Public Improvements, of the
Unified Development Code (UDC) are hereby amended as described in EXHIBITS "A" through
„G„
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 on July 1, 2019, in accordance with the provisions of
State Law and the CityCharter of the City of Georgetown.
ORDINANCE NO. ❑ ` 1 W PAGE 2 OF 3
DESCRIPTION: PARKLAND. MULTI -FAMILY 6LDC; STANDAR;Q5; Pl1BLIC NOTIFICATION: EXHIBITS A - G
NON-RESIDENTIAL STANDARDS
DATE APPROVED: MAY 14.2019
APPROVED on First Reading this 28 day of May, 2019.
APPROVED AND ADOPTED on Second Reading this 11 day of June, 2019,
THE CITY OF GEORGETOWN:
Dale Ross
Mayor
APPROVED AS TO FORM:
Charlie McNabb
City Attorney
ATTEST:
lfd A
Roby Densmore, TRMC
City Secretary
ORDINANCE NO. ZoO I31 _ PAGE 3 OF 3
DESCRIPTION: PARKLAND, MUL1'1-FA_MILYBLDG-I'ANDARDS;_PUBLIC NariFICATION; EXHIBITS A-G
NON-RESIDENTIAL STANDARDS
DATE APPROVED: MAY 14, 2019
EXHIBIT "A"
Rezoning Notification Requirements
UDC Amendment No. 17
Chapter 3 - APPLICATIONS AND PERMITS
SECTION 3.03. - PUBLIC HEARING AND NOTICE
Sec. 3.03.010. - Provision of Public Notice.
C. Mailed Notice.
1. Generally.
Printed on Apr. 11, 19
aA notice of Public Hearing shall be sent to owners of record of real
property within 2W300 feet of the boundary of the property under consideration,
as determined by the most recent municipal tax roll, acid central appraisal district
tax roll information.
b. A notice of Public Hearing shall Lie sent to borne owner and other similar
associations registered witiz the Cite and located wiIII ili 300 feat of the bou iida ry of
property under consideration.
c. Notice of Public Hearing shall be sent by United States snail. The notice may be
served by its deposit in the municipality, properly addressed with postage paid, in
United States mail at least 15 days prior to the date set for the Public Hearing or as
otherwise required by the Texas Local Government Code, as amended.
2. Special Mailed Notice Required for Certain Replats.
Replats containing any area or lot that, during the preceding five years, was limited by
an interim or permanent zoning classification to residential use for not more than two
residential units per lot or in the preceding plat was limited by deed restrictions to
residential use for not more than two residential units per lot, require mailed notice to
all owners of lots that are part of the original subdivision and located within 200 feet of
the boundary of the property to be replatted, in the same manner as prescribed in
Subsection 3.03.010.C.1.c above and in accordance with Texas Local Government Code
g 212.015, as amended.
D. Posted Notice.
Added language is underlined Page 1 of 2 Chapter 3, Sec 3.03
Deleted language is stFikethFawgh
EXHIBIT "A"
Rezoning Notification Requirements
UDC Amendment No. 17
Printed on Apr. 11, 19
-,e is considered served upon receipt by the deve:oj2er of t1u postecl i7L]L1ce(�j i1i
a format approved by the Director.
Added language is underlined Page 2 of 2 Chapter 3, Sec 3.03
Deleted language is StFikethFaugh
EXHIBIT "B"
Multi -Family Building Standards
UDC Amendment No. 14 Printed on Apr. 11, 19
Chapter 6 - RESIDENTIAL DEVELOPMENT STANDARDS
SECTION 6.02. - DEVELOPMENT STANDARDS
Sec. 6.02.080. - MF-1—Low Density Multifamily District.
The Low Density Multifamily District (MF-1) is intended for attached and detached multifamily
residential development, such as apartments, condominiums, triplexes, and fourplexes, at a
density not to exceed 14 dwelling units per acre. The MF-1 District is appropriate in areas
designated on the Future Land Use Plan as high density residential or one of the mixed -use
categories, and may be appropriate in the moderate density residential area based on location,
surrounding uses, and infrastructure impacts. Properties zoned MF-1 should have convenient
access to major thoroughfares and arterial streets and should not route traffic through lower
density residential areas. The MF-1 District is appropriate adjacent to both residential and non-
residential districts and may serve as a transition between single-family districts and more intense
multifamily or commercial districts.
A. Lot and Dimensional Standards.
MF-1- Low Density Multifamily
s4ni.eWfe, maximuvA 1 472
Side Setback to residential district or aii exis#ing single-family,
liome in khe CTI that is plattod and p1mined for residential usC 20
on the Future Land Use lylat" minimum feet
Rear Setback to Rresidential Adistrict or ati existing s.iiigle-
famil home in [lie ETI tliat is platted and planned for 20
residential use on the Future Ladd Use Mali, minimum feet
C. Residential Design Standards.
Added language is underlined Page 1 of 4 Chapter 6, Sec 6.02
Deleted language is St.'l( Ug;
EXHIBIT "B"
Multi -Family Building Standards
UDC Amendment No. 14
Printed on Apr. 11, 19
The design standards below apply to a4-residential development in the MF-1 District in
addition to the provisions of Sections 6.05 and 6.06 of this Chapter.
1. All development within the MF-1 District shall also comply with the building design
standards of Section ;-.-047.03 and the lighting design standards of Section 7,057.04 of
this Code.
2. A minimum building separation of 4-5-12 feet is required between all buildings on the
site.
5._ The maximuffli number of dwelling Linits per strgctgre shall be 14 units. Buildingswitli
more than 14 units may be allowed provided the following additional standards are
met:
a. The building does not face a 12ublic street right-of-way, residential zoning district,
or public park; or
b. The building is a non -rectangular building that has a shape similar to a "C", "U",
"T", "L" or other shape as approved by the Planning Director. In this event, the
]cngth of anY building facade/wall shall extend a minimune of om-third (1/3) of
the primary building facade/wall.
D. Non -Residential and Accessory Design Standards.
1. Non-residential structures shall meet all of the lot and dimensional standards of the
MF-1 District, in addition to the requirements of Sections 7-.047_03 and 7-.057.04 of this
Code.
2. Residential accessory structures shall meet the requirements of Section
6.06.0406.05.010.
Sec. 6.02.090. - MF-2—High Density Multifamily District.
The High Density Multifamily District (MF-2) is intended for attached multifamily residential
development, such as apartments and condominiums, at a density not to exceed 24 dwelling units
per acre. The MF-2 District is appropriate in areas designated on the Future Land Use Plan as
high density residential or mixed -use. Properties zoned MF-2 should have direct access to major
thoroughfares and arterial streets and should not route traffic through lower density residential
Added language is underlined Page 2 of 4 Chapter 6, Sec 6.02
Deleted language is StFikethFOUgh
EXHIBIT "B"
Multi -Family Building Standards
UDC Amendment No. 14
Printed on Apr. 11, 19
areas. The MF District is appropriate adjacent to both residential and non-residential districts and
may serve as a transition between single-family districts and more intense commercial districts.
A. Lot and Dimensional Standards.
MF-2 - High Density Multifamily
Side Setback to Residential District or a_n existing single-fam iiy
home in the I T that is platted and pkimied for residential use 30
on the Future Land Use Map -minimum feet
Rear Setback to Residential District or an existing sin le�l y
liome in the E'Fl that isplatled and lanned for residential use 30
on the Future Land Use M )_ minimum feet
C. Residential Design Standards.
The design standards below apply to a4residential development in the MF-2 District in
addition to the provisions of Sections 6.05 and 6.06 of this Chapter.
1. All development within the MF-2 District shall also comply with the building design
standards of Section 7,047_03 and the lighting design standards of Section 7-.057.04 of
this Code.
2. A minimum building separation of 15 feet is required between all buildings on the site.
5. The maximum number of dwellipg units per structure shall be 24 units. Buildings with
more than 24 units may be allwyed f7rovided the following additional standards are
met:
a. No building facadelwall shall exceed 240 feet in length.
b. Building Facade wall exceeding 240 feet in length may be permitled wheii:
Added language is underlined Page 3 of 4 Chapter 6, Sec 6.02
Deleted language is =*F"-
EXHIBIT'B"
Multi -Family Building Standards
UDC Amendment No. 14
Printed on Apr. 11, 19
i. nie building faOdefivall does not face a „public street .right-of-way,
residential zoning district, ar public park; or
ii. The building is part of a non -recta rigg [a r bUjIding that leas a shape similar
to a " C" "U" " T" "E_" or ofher ghal2t, as approved by the Planning Director. In
this event, the length of any building fa�adefwall shall extend a minimum of one-
tliird (113) of die primary building faCndelwall.
D. Non -Residential and Accessory Design Standards.
1. Non-residential structures shall meet all of the lot and dimensional standards of the
MF-2 District, in addition to the requirements of Sections 7-.047.03 and 7,057.04.
2. Residential accessory structures shall meet the requirements of Section
A6.05.010.
Added language is underlined Page 4 of 4 Chapter 6, Sec 6.02
Deleted language is S}F". oh
EXHIBIT "C"
Parkland Dedication Requirements
UDC Amendment No. 3
Chapter 6 - RESIDENTIAL DEVELOPMENT STANDARDS
SECTION 6.06. - COMMON AMENITY AREA
Sec. 6.06.010. - Applicability.
The provisions of this Section apply to:
A. To"ihouseti:
b-.—Attached ofAcOalaeE-1 iiiultifamily development;
C-B. Manufactured housing parks; and
Printed on Apr. 11, 19
DC. Any development type where three or morethan tive dwelling units are located on the
_ -a single l.c�t cti .}parcel, wit17 each dwelling iuiit located iii a structure with three or more
dWelli2lg units.
Added language is underlined Page 1 of 1 Chapter 6, Sec 6.06
Deleted language is stFik g"
EXHIBIT "D"
Non -Residential Standards Printed on May. 1, 19
UDC Amendment No.
Chapter 7 - NON-RESIDENTIAL DEVELOPMENT STANDARDS
SECTION 7.02. - DEVELOPMENT STANDARDS
Sec. 7.02.020. - Non -Residential Lot and Dimensional Standards.
The lot and dimensional standards provided in Table 7.02.020 are in addition to the
interpretations and exceptions in Section 7.02.030. Table 7.02.020 contains cross-references and
notes to specific sections or chapters of this Code when additional requirements or explanations
may apply.
Table 7.02.020: Non -Residential Lot and Dimensional Standards
Non -Residential Zoning Districts
Dimension
CN
C-1
C-3 OF BP IN PF DT
MU
District size, min. acreage
—
—
— — 5
Lot width, minimum feet
50
50
50 50 50 50 50 25
Front/street setback, min. feet
20
25
25 25 25 25 25 0
0
0
—,0 — — 0 —
Front setback, build -to option
Refer to Section 7.02.030.B for the Build -
to Option
Front setback, Downtown Gateway
Refer to Section 4.13.040 for Downtown
Overlay
Gateway
For MU Lot and
Setbacks
Dimensional
Side setback, min. feet
5
10
10 10 10 10 5 0
Standards, See
i
-
Section-4-144.09
Side setback to residential district or an
existing single-family hoine in t12e FT1
that is platted or planned for residential
10
15
15 15 20 25 15 0
use bll the Future Land Use Map, min.
feet
Rear setback, min. feet
0
0
10 10 10 10 0 0
Rear setback to residential district or an
existing single familX home in the ETT
20
25
25 25 25 35 25 0
that is -platted or planned for residential
Added language is underlined Page 1 of 2 Chapter 7, Sec 7.02
Deleted language is stril( ug
EXHIBIT "D"
Non -Residential Standards Printed on May. 1, 19
UDC Amendment No.
usi: qLi Elie Future Land Use Map,min.
feet
Building height, max. feet
Bufferyards
Landscaping
Impervious coverage
I
i
30 35 60 45 60 60 45 40
Refer to Section 8.04 for Bufferyard
Requirements
Refer to Chapter 8 for Minimum
Landscape
Requirements
Refer to Section 11.02 for Impervious
Coverage
Requirements
A. For properties located in an Overlay Zoning District, additional or alternative
provisions may apply. See Chapter 4 for all applicable Overlay Districts.
B. For Non -Residential development in a Conservation Subdivision, see Section 11.06 for
alternative development standards.
C. Additional design limitations may be required for specific uses in Chapter 5 of this
Code. When in conflict, the stricter provision shall apply.
Added language is underlined Page 2 of 2 Chapter 7, Sec 7.02
Deleted language is stril( g;
EXHIBIT "E"
Parkland Dedication Requirements
UDC Amendment No. 3
Chapter 8 - TREE PRESERVATION, LANDSCAPING AND FENCING
SECTION 8.02. - TREE PRESERVATION AND PROTECTION
Sec. 8.02.050. - Tree Preservation Incentives and Priorities.
A. Tree Preservation Incentives.
2. Parkland Dedication Credit.
Printed on Apr. 11, 19
The pParkland dedication requirement, detailed iFi Seet:3-i 13.05 of +3-.ig God+--, may be
reduced if a Heritage Tree is saved within the dedicated Pparkland arFealotin accordance
with Section 13.08 of this Code subject to approval by the Parks and Recreation Director.
used to a i,.
Added language is underlined Page 1 of 1 Chapter 8, Sec 8.02
Deleted language is S-"�«, , ,h
EXHIBIT "F"
Non -Residential Standards Printed on May. 2, 19
UDC Amendment No.
Chapter 8 - TREE PRESERVATION, LANDSCAPING AND FENCING
SECTION 8.04. - NON-RESIDENTIAL LANDSCAPE REQUIREMENTS
Sec. 8.04.060. - Bufferyards.
B. Bufferyard Required.
1. Table 8.04.060 indicates the level of bufferyard required between each zoning district or
land use. Letters "a" to "e" correspond with the information below Table 8.04.060 and
identify the type of bufferyard required and the specific situations in which the
bufferyard is required. A box with a "—" indicates that a bufferyard is not required
between those development types. The planting requirements of each type of bufferyard
can be found in Subsection C. below.
Table 8.04.060: Bufferyard Level Required
Adjacent District
AG
RE
RL
RS
TF
MH
I TH , MF1
MF2 CN
C- C OF PF BP IN
1
MU_T
DT
3
AG
c
c
c
c
c
c
c
c
c --
_
MH
a
a
a
a
a
-
-1
-
-
TH
a
a
a
a a
r b
MF1
a
c
c
c
c
c
-
-
-----
c
M172
a
c
c
c
c
c
CN
a
a
a
a
a
a
a
a
a --
- - - - --
-
C1
c
c
c
c
c
c
c
c
c
HaBufferyard
Required C3
c
c
c
c
c
c
c
c
c
---€-
- c
OF
c
c
c
c
c
c
c
c
c-
- -�
- c
PF
c
c
c
c
c
c
c
c
c
- �......I _�..-f
.. _......._ .
BP
c
c
c
c
c
c
c
c
c --
----
IN
e
e
e
e
e
e
e
e
e d �did�d
!di r-
d e
DT
Added language is underlined Page 1 of 2 Chapter 8, Sec 8.04
Deleted language is s..". as„
EXHIBIT "I"'
Non -Residential Standards Printed on May. 2, 19
UDC Amendment No.
* Shall ❑rile a 12121u in the case of one or inure s i ng le-(ani.iI X hones that zrL p Iatted or 121anned for
residential use on the Future Land Use Ma) in [lie ET),
a. A low level bufferyard is required when non-residential development, as defined in Section
8.01.040, is proposed adjacent to residential development.
b. A low level bufferyard is required when a single -lot development is proposed in a TH
District adjacent to an individual lot development in the MH District or when non-residential
development, as defined in Section 8.01.040, is proposed adjacent to residential development.
c. A medium level bufferyard is required when non-residential development, as defined in
Section 8.01.040, is proposed adjacent to residential development.
d. A medium level bufferyard is required when a property zoned IN District develops adjacent
to a C-1, C-3, OF, PF, or MU-DT District.
e. A high level bufferyard is required when a property zoned IN District develops adjacent to a
RE, RL, RS, TF, TH, MF-1, or MF-2 District, or when adjacent to an existing single-family home
in the AG District or ET].
D. De elv..r.,,en djaeent to ibe E rs Reserved.
i��
A low level btiffeityaed is required when a nan resident4al dpyele�pmefit is proposed 41 the
. --ai+4
40a any- 4-i-idential use an the Futkii-e Land Use Mal
Added language is underlined Page 2 of 2 Chapter 8, Sec 8.04
Deleted language is St ,.fin
EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3 Printed on Apr. 11, 19
Chapter 13 - INFRASTRUCTURE AND PUBLIC IMPROVEMENTS
SECTION 13.08. — PARKLAND
Note: Section 13.08, Parkland, is being revised in its entirety and replaced with a new Section 13.08,
Parkland.
Sec. 13.08.010. - Purpose
The purpose of this Section is to provide parks, open spaces, and trails that implement the
Georgetown Parks, Recreation and Trails Master Plan. The Georgetown City Council has
determined that parks, open spaces and trails are necessary and in the public welfare, and that
the adequate procedure to provide for same is by integrating standards into the procedures for
planning and developing property.
Sec. 13.08.020. - Applicability
The provisions of this section shall apply to the development of a tract of land for any residential
use of five (5) or more lots or dwelling units within the city limits and the extraterritorial
jurisdiction (ETJ). For the purposes of this Section, lots and dwelling units are interchangeable for
determining the Parkland dedication requirements.
Sec. 13.08.030. - Requirements for Parkland Dedication
A. Dedication of Public Parkland Required.
1. A developer of a tract of land for residential use of five (5) or more lots shall set aside and
dedicate to the public sufficient and suitable land for the purpose of public Parkland.
2. The minimum acreage of Public Parkland required shall be as follows:
a. For development with one (1) or two (2) dwelling units on a lot: one (1) acre for
each eighty (80) dwelling units, or fraction thereof.
b. For development with three (3) or more dwelling units on a lot: one (1) acre for
each one hundred ten (110) dwelling units, or fraction thereof.
3. The land to be dedicated shall form a single lot with a minimum area of three (3) acres.
4. Exemptions.
a. When two (2) or more, but less than three (3), acres of land would be required to
satisfy the Public Parkland dedication requirements, the Parks and Recreation
Director may approve parkland less than three (3) acres if it is determined that it
Added language is underlined Page 1 of 9 Chapter 13, Sec 13.08
Deleted language is s«.,ig ;
EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
would be in the public interest, and/or accept a financial contribution in lieu of
dedication of public Parkland to meet the dedication requirements of this Section.
b. A developer shall make a financial contribution in lieu of dedication of public
Parkland when:
i. No portion of the tract of land is located within the city limits.
ii. A developer proposes to develop one hundred (100) or fewer lots and where
no future phasing is proposed.
iii. Less than two (2) acres of land would be required to satisfy the Parkland
dedication requirements.
c. The rate required for the financial contribution shall be in accordance with the
adopted fee schedule. The fee shall be reviewed on annual basis to ensure accuracy
and value.
B. Park Development Fee
1. In addition to the dedication of Public Parkland or fee -in -lieu, a developer shall pay a Park
Development Fee to ensure that the public Parkland will be sufficiently developed for
park use.
2. The amount for the Park Development Fee shall be in accordance with the adopted fee
schedule and based on the level of service for the public Parkland.
3. Alternative Standards.
a. When two (2) or more acres of land are proposed to satisfy the Parkland dedication
requirements, the Parks and Recreation Director may consider a proposal from an
applicant to construct park improvements on Public Parkland in lieu of paying, in
whole or in part, the Park Development Fee.
b. Park improvements shall include the minimum number of facilities listed in Table
13.08.030.C.3.b:
Table 13.08.030.C.3.b
Parkland Acreage
Minimum number of facilities
3 or less
4
4-6
5
7-9
6
Added language is underlined Page 2 of 9 Chapter 13, Sec 13.08
Deleted language is StFilk�„ gh
EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
................... ....
10 or more 7
c. Park improvement facilities shall be selected from those listed below:
i. Age appropriate playground equipment with adequate safety surfacing
around the playground.
ii. Unlighted practice fields for baseball, softball, soccer, and football.
iii. Unlighted tennis courts.
iv. Lighted or unlighted multi -purpose courts for basketball and volleyball.
v. Improved multiuse green space.
vi. Picnic areas with benches, picnic tables and cooking grills.
vii. Shaded pavilions and gazebos.
viii. Jogging and exercise trails.
ix. Other facilities as approved by the Parks and Recreation Director.
d. When construction of park improvements is proposed, all park improvements
shall comply with the Parks Master Plan, Section 13.08.040 of this Code, and
applicable City regulations.
C. Credit for Private Parks
1. Where privately -owned and maintained parks or other recreational facilities with non-
exclusive private amenities are proposed for a single-family, two-family, townhome, or
detached multi -family residential development, the Parks and Recreation Director, after
recommendation from the Parks and Recreation Board, may grant a credit of up to fifty
percent (50%) of the required Public Parkland dedication and Park Development Fee.
2. Privately -owned and maintained parks or other recreational facilities shall meet the
following minimum standards:
a. The park or recreational facility shall have a minimum lot area of two (2) acres; and
b. The park or recreational facility shall include the minimum number and type of
facilities outlined in subsection 13.08.030.B.3; and
Added language is underlined Page 3 of 9 Chapter 13, Sec 13.08
Deleted language is StFikethFOUgh
EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
c. The park or recreational facility shall comply with the Parks Master Plan, subsection
13.08.040, and other applicable City regulations.
3. Privately -owned and maintained parks or other recreational facilities for a single-family,
two-family, townhome, or detached multi -family subdivision shall be identified on the
Subdivision Plat as a private open space lot.
4. Privately -owned and maintained parks or other recreational facilities shall be owned and
managed by a mandatory Homeowners Association (HOA), or similar permanent agency,
and subject to restrictive covenants that state the following:
a. The land shall be utilized for Parkland or open space in perpetuity.
b. Each property owner within the subdivision encumbered by the restrictive covenants
shall be required to pay dues and/or special assessments for the maintenance of the
private park or recreational facility.
c. If the responsible agency dissolves, cannot fulfill its obligations or elects to sell,
transfer or otherwise divest itself of the land, the City shall have the right of first
refusal on acquiring the property. If the City elects to acquire the land, said land shall
be transferred at no cost to the City and in accordance with Section 13.08.050, Method
of Dedicating Parkland.
d. The cessation of the privately -owned and maintained park or other recreational
facility shall be prohibited until such time as the declarant cedes control of the
responsible agency to purchasers of properties within the subdivision, and then only
upon amendment to the restrictive covenants approved by 3/4 of the members of the
responsible agency.
D. Credit for Heritage Tree Preservation
1. The parkland dedication requirement may be reduced if a Heritage Tree is saved within
the dedicated Parkland lot; however, the required Parkland lot shall not be less than three
(3) acres, unless the Parks and Recreation Director determines it to be in the public interest.
2. The Parkland dedication credit shall be a 15-dwelling unit reduction in the number of
units used to calculate the Parkland dedication requirement for each Heritage Tree
preserved within the Parkland lot.
3. Heritage trees counted towards this credit shall have their entire critical root zone (CRZ)
located within the Parkland lot.
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EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
4. Heritage trees within the 100-year FEMA or calculated floodplain shall not count towards
this credit.
Sec.13.08.040. — Location, Site and Development Standards for Public Parkland.
A. Any land to be dedicated to meet the requirements of this Section shall be suitable for public
parks and recreational activities as determined by the Parks and Recreation Director, and
comply the following standards and requirements:
The Parkland lot shall be centrally located within the development, when practicable.
Where existing or accepted public Parkland is located adjacent to the development, the
Parkland lot may abut the existing or accepted public Parkland provided it results in the
creation of a larger park as approved by the Parks and Recreation Director.
2. In unique circumstances, as approved by the Parks and Recreation Director, a developer
may propose dedication of land located outside the development boundary to meet the
provisions of this Section. In this event, the land proposed to be dedicated shall be located
within the same Benefit Zone as the development, and the value of the land shall be equal
to the land or fee -in -lieu of land that would be dedicated within the development.
Where a residential subdivision is proposed to be developed in phases, the Parkland lot
shall be located within the first phase of the development. If the required public Parkland
is proposed to be outside of the first phase, the first phase may be approved provided that
fee -in -lieu of dedication is paid for the number of lots within that phase. In this event, the
fee paid may be credited towards the required Park Development Fee for the subsequent
phase(s) of the development.
4. The Parkland lot shall have a minimum lot width and street frontage of two hundred (200)
feet. When practicable, the Parkland lot shall be a corner or multi -frontage lot with a
minimum street frontage of two hundred (200) feet on two (2) streets.
5. The Parkland lot shall only be located along street(s) where on -street parking may be
accommodated on both sides of the street.
6. A minimum of fifty percent (50%) of the Parkland lot shall not exceed a twenty percent
(20%) grade. A slope analysis exhibit shall be provided to the Parks and Recreation
Director.
7. Areas within the FEMA or calculated 100-year floodplain may be dedicated in partial
fulfillment of the dedication requirement not to exceed fifty percent (50%). When area
within the floodplain is proposed to be dedicated, a minimum of two (2) acres of land,
with a minimum width of one hundred (100) feet, shall be located outside the floodplain
to satisfy the Parkland dedication requirements.
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EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
8. Parkland lots with the following conditions shall not be accepted unless approved by the
Parks and Recreation Board:
a. The lot is primarily accessed by a cul-de-sac.
b. The lot is hindered by utility easements or similar encumbrances that make
development of the land unfeasible. This does not include required public utility
easements pursuant to Section 13.03 of this Code.
c. The lot is encumbered by sensitive environmental species or habitat areas.
d. The lot contains stormwater facilities. Where stormwater facilities are proposed,
stormwater facilities must be designed as a park amenity.
9. A minimum of two-inch water service line and six-inch gravity wastewater service line
shall be provided at one of the property lines in a location approved by the Parks and
Recreation Director.
10. Sidewalks in accordance with Section 12.07 of this Code shall be provided along all street
frontages.
B. Alternative Site and Development Standards
1. Alternative design standards for public Parkland may be proposed and submitted to the
Parks and Recreation Director, provided the intent of the requirements of this Section are
met.
2. Prior to submitting an application for development, the Applicant shall complete the
following:
a. Provide a letter to the Parks and Recreation Director that details the alternative design
for Parkland dedication and why it is equal to or better than the minimum standards;
and
b. Conduct a site visit with the Parks and Recreation Director to review the proposal.
3. The Parks and Recreation Director shall review the alternative design based on Section
13.08.030, Requirements for Parkland Dedication, and Section 13.08.040, Design Standards
for Parkland, of this Code and present the proposed alternative design to the Parks and
Recreation Board for a recommendation to the Parks and Recreation Director.
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Deleted language is StFik gh
EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
4. The Parks and Recreation Director shall approve, approve with conditions, or disapprove
the request.
13.08.050. Method of Dedicating Parkland
A. Land to be dedicated for public Parkland shall be identified on the Preliminary Plat, Final
Plat, and Subdivision Construction Plans. When construction of park improvements and/or
private parks is proposed, all amenities shall be identified on the Subdivision Construction
Plan or Site Development Plan, as applicable. Fiscal surety in the amount equal to the Park
Improvement Fee shall be provided prior to approval of Subdivision Construction Plan or
Site Development Plan, as applicable, for the park improvements on public Parkland.
B. Prior to acceptance of the public Parkland, the following conditions shall be met:
Land shall be in good condition, including the removal of all debris and dead plant
materials, and utility services, sidewalks and other public improvements installed. Any
land disturbed by activities not related to park development shall be restored and the soil
stabilized in a method approved by the Parks and Recreation Director in accordance with
the requirements of this Code.
2. Parkland Development Fee shall be paid. When construction of improvements on the
public parkland is approved, park improvements shall be constructed and accepted by
the City at the time of acceptance of all other public improvements, when required, or
final site inspection.
C. Prior to recordation of the Final Plat, the following conditions shall be met:
1. Land accepted for dedication under the requirements of this Section shall be conveyed by
warranty deed, transferring the property in fee simple to the City of Georgetown, Texas,
and shall be free and clear of any mortgages or liens at the time of such conveyance.
2. A copy of the warranty deed and other Parkland dedication documents as outlined in the
Development Manual shall be provided to the Parks and Recreation Director.
D. When financial contribution in lieu of dedication of public Parkland is approved as meeting
the requirements of this Section, no Final Plat may be recorded or Site Development Plan
approved, as applicable, until payment has been accepted by the City.
13.08.060. Park Fund Established
A. A separate fund entitled "Park Fund" has been created to hold in trust money paid to be used
solely and exclusively for the purpose of purchasing and/or improving public parks and
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EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
recreational lands, and shall not be used for maintaining or operating park facilities or for any
other purpose.
B. Where financial contribution is received in lieu of land dedication, the financial contribution
and Park Development Fee shall be expended on a neighborhood park located in the Benefit
Zone where the development is located. In the event there is not a suitable neighborhood park
within the benefit zone, the amount collected shall be expended on the closest community
park or regional park.
C. The City Council, based upon the recommendations of the Parks and Recreation Board, shall
determine whether there are sufficient funds to acquire public Parkland and/or construct
improvements. In making a determination for the acquisition of land, the conditions of
Section 13.08.040 shall be taken into consideration.
D. Benefit Zones. Funds shall be expended within the eligible Benefit Zones as shown in Figure
13.08.060.D.
PARKLAND DEDICATION BENEFIT ZONES I
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EXHIBIT "G"
Parkland Dedication Requirements
UDC Amendment No. 3
Printed on Apr. 11, 19
E. Any financial contribution paid in -lieu of the Parkland dedication requirements must be
expended by the City within ten (10) years from the date received. If the City does not expend
the financial contribution by the required deadline, the owners of the property may request a
refund in the following manner:
1. The owners of such property must request in writing to the City such refund within one
(1) year of the entitlement or such right shall be waived. Refunds shall be paid by the City
within ninety (90) days of the filing of the request.
2. A refund may only be provided for the unbuilt lots for which a fee -in -lieu of dedication
was paid.
Added language is underlined Page 9 of 9 Chapter 13, Sec 13.08
Deleted language is stFik g;