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HomeMy WebLinkAboutORD 2009-56 - UDC AmendmentsAn Ordinance of the City Council of the City of Georgetown, Texas, amending the Unified Development Code, Passed and Adopted on the 111h Day of March 2003, as follows: Section 3.13.010 "Applicability"; Section 3.15 "Variance (Zoning)"; repealing Chapter 4 Zoning Districts, Chapter 6 Lot Standards, and Chapter 7 Site Design Standards and adding new Chapter 4 Zoning Districts, Chapter 6 Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards, and Chapter 7 Non -Residential Zoning Districts: Lot, Dimensional and Design Standards; Repealing Conflicting Ordinances and Resolutions; Including a Severability Clause; and Establishing an Effective Date. WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11., 2003; and WHEREAS, the City Council adopted Resolution 102808-S on October 28, 2008, establishing a new annual amendment process to the Unified Development Code that included a UDC Task Force group comprised of members of the public; and WHEREAS, the amendment process established has been followed as described; and WHEREAS, the Planning and Zoning Commission reviewed the list of proposed amendments at a special meeting with the UDC Task Force on October 27, 2008, and recommended that the list be forwarded to the City Council for review; and WHEREAS, the City Council reviewed the list of proposed amendments at their regular meeting on October 28, 2008, and directed to staff to begin preparation of the draft language; and WHEREAS, the adopted Resolution established that some items on the proposed list of amendments would not be on the initial schedule for public hearing and consideration; and WHEREAS, the amendments contained in this ordinance are the third in a series of items the Task Force considered and completed for deliberation by Planning and Zoning and City Council; and WHEREAS, the Task Force conducted numerous open meetings as a whole and in small focus groups to consider the amendment items; and WHEREAS, public workshops were conducted on August 27, 2009 and August 28, 2009; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of September 1, 2009, and recommended approval of the amendments to the City Council. NOW • ORDAINED BY THE CITY COUNCILOF • 0 GEORGETOWN, 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 2030 Comprehensive Plan, Thoroughfare Plan, and Land Use Element as follows: Vision Statement 4: Effective Governance 4.1: Efficient, Responsive Government 4.1.A: Our City government retains its reputation for providing a high level of responsiveness to citizens and in exercising visionary leadership in planning and investing for the future. 4.1.B: We have created and enforced innovative, effective, and fair regulatory codes and development standards to guide growth and improve development quality. We have streamlined the regulatory process, particularly for desired development types and locations. Land Use Goals, Policies, and Actions: Goal 1: Promote sound, sustainable, and compact development patterns with balanced land uses, a variety of housing choices and well -integrated transportation, public facilities, and open space amenities. 1C: Establish standards appropriate for new residential development pertaining to lot sizes, open space, buffers, road connectivity, etc. 2A: Remove present inadvertent impediments to infill and re -investment in older, developed areas. 2D1: Ensure that public and private initiatives preserve and enhance historic resources. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statement or Goal, Policy, and Action. SECTION 2. The Unified Development Code is hereby amended to repeal Chapter 4 Zoning Districts, Chapter 6 Lot Standards, and Chapter 7 Site Design Standards and adopt new Chapter 4 Zoning Districts, Chapter 6 Residential and Agriculture Zoning Districts: Lot, Dimensional and Design Standards, and Chapter 7 Non -Residential Zoning Districts: Lot, Dimensional and Design Standard. New Chapters 4, 6, and 7 are attached hereto as Exhibit A, B, and C, respectively. SECTION 3. The Unified Development Code is hereby amended further to permit the Director to make edits that correct word usage conflicts, such Right of Way, right-of-way, ROW, and no.w., and to determine the appropriate term or spelling of the words in conflict. In addition, the Director may include illustrative drawings to represent a description of the written text where the Director determines appropriate. SECTION 4. The Unified Development Code is hereby amended further as follows: siection 3.13 Certificate of • • Cection 3.13.010 Applicability LI Section . , Special Exception t Applicability A. Variance In accordance with the provisions of the Texas Local Government Code Chapters 211 and 231, the Zoning Board of Adjustment Board shall have the authority to hear and grant requests for a Vvariance from the zoning provisions of this Unified Development Code. A Vvariance to the development standards of this code shall be considered an exception to the regulations, rather than a right. Waivers of the standards required for plat approval are not considered Vvariances and must be requested from the Planning & Zoning Commission during the subdivision rReview process. Any Vvariance request up to 10 percent (lo %) of any minimum or maximum measurement required by this Code may be treated as an Administrative Exception if the Director agrees to act on feeeffifnend the Administrative Exception. B. Special Exce]ptions In accordance A ith the provisions of the Texas Local Government Code Chapter 211, the Zoning Board of Adjustment shall also have the authority to hear and decide Special Exceptions to the terms of this Code when the Code requires the Board to do so. A. Initiation Initiation of a request for a zoning Vvariance or Special Exception may be made upon application by the property owner of the affected property or their authorized agent. B. Application Application for a Vvariance or Special Exception must comply with the UDC Development Manual. Applications must include all materials determined necessary by the Director. Fermat r-equifements and matef a4s r equired f r Z C. Completeness Determination Upon submission of an application, the Director shall determine whether the application is complete, as described in Section 3.02.040. D. Staff Review 1. Once an application for a Vvariance or Special Exception request has been received and the application deemed complete, the Director shall review the application, considering any applicable criteria for approval and prepare a report to the Zoning Board of Adjustment. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statutes. 3. The Director may assign staff to review the application and make a preliminary report to the Director. q.. The Director's report may include a recommendation for final action. A. Required Findings The Zoning Board of Adjustment may authorize a Vvariance from the requirements of the zoning provisions of this Unified Development Code if the variance from the terms of the zoning provisions is not contrary to the public interest and, due to special conditions, a literal enforcement of the requirements would result in unnecessary hardship, so the spirit of this Code is preserved and substantial justice done. No Vvariance shall be granted unless the ZBA finds all of the following: 1. Extraordinary Conditions That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Vvariance might be justified because of topographic or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage. 2. No Substantial Detriment That the granting of the Vvariance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this code. 3. Other Property That the conditions that create the need for the Vvariance do not generally apply to other property in the vicinity. 4. Applicant's Actions That the conditions that create the need for the Vvariance are not the result of the applicant's own actions. 5. Comprehensive Plan That the granting of the Vvariance would not substantially conflict with the Comprehensive Plan and the purposes of this code. 6. Utilization That because of the conditions that create the need for the Vvariance, the application of this code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. 7. Insufficient Findings The following types of possible findings do not constitute sufficient grounds for granting a Vvariance: a. That the property cannot be used for its highest and best use. b. That there is a financial or economic hardship. c. That there is a self-created hardship by the property owner or their agent. d. That the development objectives of the property owner are or will be frustrated. B. Limitations The Zoning Board of Adjustment may not grant a Vvariance when the effect of which would be any of the following: :t. To allow the establishment of a use not otherwise permitted in the applicable Zoning District. 2. To increase the density of a use above that permitted by the applicable District. 3. To extend physically a nonconforming use of land. q.. To change the Zoning District boundaries shown on the Official Zoning Map. C. Profitability Not to Be Considered The fact that property may be utilized more profitably should a Vvariance be granted may not be considered grounds for a Vvariance. D. Limitation on Variances for Signs No Vvariance for a sign may increase the overall permitted area of a sign. Sign - related Vvariances may only be granted, in accordance with this Section, for height or other location restrictions. No Vvariance application(s) shall be accepted for prohibited signs listed in Section 10.04 ("Signs Prohibited Under this Code"). E. variances from Floodplain or Stormwater Management Regulations The ZBA may not approve a Vvariance from floodplain or stormwater management regulations. The ZBA shall forward any Vvariance request from floodplain or stormwater management regulations to the City Council for final action. 3.15.040 Criteria for Special Exception Review If authorized by this Code, the Zoning Board of Adjustment may grant a Special Exception from the requirements of the certain provisions of this Unified Development Code if the Special Exception is not contrary to the public interest and the spirit of this Code is preserved and substantial justice done. No Special Exception shall be granted unless the ZBA finds the specific criteria identified in this Code are met. The only Special Exceptions that may be granted by the Board are for the following: ® Residential Setback Modification pursuant to Section 4.10-.04o.B. A. Each case before the Board must be heard by at least 75 percent of its members. B. The concurring vote of 75 percent of the members of the board is necessary to approve a Vvariance request or grant a Special Exception. A. Within 10 days after a Zoning Board of Adjustment decision, any of the following persons may present to a District court, county court, or county court at law a verified petition stating that the decision of the Zoning Board of Adjustment is illegal in whole or in part and specifying the grounds of the illegality: a. a person aggrieved by a decision of the board; 2. a taxpayer; or 3. an officer, department, board, or bureau of the municipality. B. The petition must be presented within ro days after the date the decision is filed in the Board's office. C. On the presentation of the petition, the court may grant a writ of certiorari directed to the Board to review the Board's decision. The writ must indicate the time by which the Board's return must be made and served on the petitioner's attorney, which must be after to days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the Board the court may grant a restraining order if due cause is shown. D. The Board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The Board is not required to return the original documents on which the Board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. E. If at the Hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision. E. The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the Board unless the court determines that the Board acted with gross negligence, in bad faith, or with malice in making its decision. A Special Exception shall expire twelve (12) months from the date of Board approval, tmless: A. A complete Building Permit application has been issued and construction commenced or, if no Building Permit is required, a Certificate of Occupancy been issued. B. The Board pproval extended the 12 month expiration date and provided for an alternative expiration; however, in no case shall the expiration date exceed 24 months. SECTION 5. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. If any provision of this Ordinance or the UDC, 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 7. This Ordinance shall become effective in accordance with the provisions of the City Charter. PASSED AND APPROVED on First Reading on October 13, 2009. PASSED AND APPROVED on Second Reading on October 27, 2009. ATTEST: yam., 4 s � i f 3 Jessica Hamiltor City Secretary 8 Approved as to Form: Mark Sokolow City Attorney THE CITY OF GEORGETOWN f 3 r `V f Geor e Garver, Mayor