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HomeMy WebLinkAboutORD 2020-40 - Utility Availability LetterORDINANCE NO. 2,0Z0 - 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTIONS 3.08.100, 3.09.030 AND 3.17.030, AND CHAPTER 16 OF THE UNIFIED DEVELOPMENT CODE (UDC), TO REQUIRE A LETTER OF SERVICE ABILITY PRIOR TO FINAL APPROVAL OF SUBDIVISION RELATED DEVELOPMENT APPLICATIONS AND TO ESTABLISH A DEFINITION FOR A LETTER OF SERVICE ABILITY; 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 via Resolution 032420-P on March 24, 2020, designated the amendment to the UDC relative to requiring a Utility Services Availability Letter 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 21, 2020 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 ORDINANCE NO. 201-0 b PAGE 1 OF 2 DESCRIPTION: UT[LITYAVAII..Afill.11YI.ETTE2 DATE APPROVED: MAY 12.2020 T 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 and Chapter 16, of the UDC are 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 28th day of April, 2020. APPROVED AND ADOPTED on Second Reading this 12th day of May, 2020. THE CITY OF GEORGETOWN: 6> 4-cQoAll Dale Ross Mayor APPROVE FORM: Charlie McNabb City Attorney ATTEST: 71a"vlj�- Robyn ensmore, TRMC City Secretary ORDINANCE NO. - %.D 17 d PAGE 2 OF 2 DESCRIPTION: UTILITY AVAILABILITY LETTER DATE APPROVED: MAY 12,2020 Electric Utility Line Extension Policy (Executive Amendment) Chapter 3 - APPLICATIONS AND PERMITS SECTION 3.08. - SUBDIVISION OF LAND Sec. 3.08.100. - Construction Plans. D. Approval Criteria. Printed on Apr. 13, 20 ***DRAFT*** The purpose of the Development Engineer's review is to ensure conformance to City policies and standards. However, the Development Engineer's review is limited to facts as presented on submitted plans. 4. Construction Plans shall not be api2roved until an Electric UftLLY-5ervioea-AvailabilLty Letter, as defijied in this Code bas been submitted to the City. SECTION 3.09. - SITE DEVELOPMENT PLAN Sec. 3.09.030. - Criteria for Approval. A Site Development Plan shall be approved if it is in compliance with the following criteria: K. An Electric Utility Services Availability Letter,_ as defined in this Code, has been submitted to the Cite. SECTION 3.17. - STORMWATER PERMIT Sec. 3.17.030. - Criteria for Approval. Added language is underlined Page 1 of 2 Chapter 3 1 Deleted language is strikethFaugh Electric Utility Line Extension Policy (Executive Amendment) Printed on Apr. 13, 20 ***DRAFT*** E. A Stormwater Permit s11all not be issued until an Electric Utility Services Availabili ty Le.tter, as n defined in this Code, has beesubmitted to the City. Added language is underlined Page 2 of 2 Chapter 3 Deleted language is stFik h Electric Utility Line Extension Policy (Executive Amendment) Chapter 16 - DEFINITIONS SECTION 16.01. - GENERAL *** SECTION 16.02. - DEFINITIONS The following definitions describe terms found in this Code. Printed on Apr. 13, 20 ***DRAFT*** Edwards Aquifer. Aquifer formation in Central Texas consisting of a Recharge Zone, Contributing Zone, and Transition Zone, all of which are often preceded in name by "Edwards Aquifer". The boundaries of the Edwards Aquifer and its divisions are determined by the Texas Commission on Environmental Quality (TCEQ). If not specifically singled out by individual zone, "Edwards Aquifer" shall be determined to encompass all three zones collectively. Also see "Aquifer". Electric Utility Services Availability Letter._ A letter issued by the appropriate electric distribUti011 utilit l certif iit the follo"In : 1 availability of electric utility service and electric distribcition irtfrastrticture to a property; and 21 cnnforirance to the requirements fordesigii and construction of electric utilities of this Code. Electrical Engineer. The person designated by the City's electric utility to make decisions regarding placement, design, procedures, and other authorized determinations regarding electrical public improvements. Added language is underlined Page 1 of 1 Chapter 16 Deleted language is stFik ag