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HomeMy WebLinkAboutORD 2009-33 - Amendments to UDCAn Ordinance of the City Council of the City of Georgetown, Texas, amending the Unified Development Code, Passed and Adopted on the 11th Day of March 2003, as follows: Section 1.14 "Downtown Design Guidelines"; Table 2.01.020 "Summary of Review Authority"; Section 2.04.010.A "Final Action"; Section 3.03.010.E "Content of Notice"; Section 3.03.030.13 "Record"; Section 3.08.050.) "Expiration of Preliminary Plat"; Section 3.08.070.17 "Expiration of Final Plat and Plans"; Section 3.09.030 "Criteria for Approval"; Section 3.09.070 "Site Related Construction Plans"; Section 3.17.030 "Criteria for Approval"; Section 3.19.060.A "Engineering Study"; Section 4.04.030.A.5 "Development Plan"; Section 4.05.040.A "Establishment"; Section 4.06.020.6 "Landscaping and Buffering"; Section 9.03.020.1) "Surfacing and Maintenance"; Section 9.04.010 "Minimum Number of Spaces"; and Section 16.04 "Definitions of Uses"; and adding Section 9.03.020.17 "Parking"; 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; me 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 were the items that the Task Force considered and were completed in time to be considered by Planning and Zoning and City Council for the initial schedule; and 2008-2009 UDC Amendments — First Round Page I of 8 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 March 24, 2009, and April 2, 2009; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of May 5, 2009, and recommended approval of the amendments to the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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. 10 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. 2008-2009 UDC Amendments — First Round Page 2 of 8 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 throughout the various chapters of the document to reflect edits or updates to the following items: • The name of the department name to the Planning and Development Department from the Division of Planning and Development Services, Planning and Development Services, Planning and Development Services Division, or Planning Department. ® City staff titles to the Director of Community Development from the Director of Planning and Development, Director of Planning and Development Services, or Zoning Administrator and to Fire Marshall or Building Official from the Fire Marshall. • Illustrative flow charts that do not match reference the companion text. ® Chapter, section, subsection, table or page numbers corresponding with other amendments made to the UDC. SECTION 3. The Unified Development Code is hereby amended as follows to reflect these annual updates: Section 1.14 Downtown Design Guidelines The Design Guidelines for the Downtown Overlay District, adopted as Ordinance No. 2001-48 as amended from time to time, is hereby adopted by reference as if set forth in full. The Design Guidelines establish criteria to guide improvements to properties and work within the Downtown Overlay District, Old Town Overlay District, and Historic Overlay Districts, Section 2.04 Zoning Board of Adjustment (ZBA) 2.04.010 Powers and Duties The Zoning Board of Adjustment has the powers and duties set forth in Chapter 211 of the Texas Local Government Code. The Zoning Board of Adjustment's jurisdiction extends to and includes the following specific powers and duties: A. Final Action The ZBA shall be responsible for Hearing and taking final action on the following procedures described in this Code. 1. Appeal of an Administrative Decision (Zoning) and Appeals of Temporary Use and Sign Permits 2. Variance (from zoning standards of this Code) 2008-2009 UDC Amendments — First Round Page 3 of 8 2.01.020 Summary of Review Authority The following Table summarizes the decision-making authority of each review body for the City of Georgetown. i i©ridd Are an ia rC Action a) Certificate of Design Compliance U I_ L A Heritage Tree Protection Priority CAL R L DM A c Q c c U U Procedure m 0 o w LL = N CL nom. o v i i©ridd Are an ia rC Action Certificate of Design Compliance <DM> A Heritage Tree Protection Priority R R R DM A Appeal of Administrative Decision <DM> (Zoning) Variance (Zoning) I I I I <DM> Heritage Tree Protection Priority ( R ( I R I R I I I DM I A R — Review or Recommendation DM — Decision Making Authority A — Appeal Authority < > - Public Hearing 2008-2009 UDC Amendments — First Round Page 4 of 8 Section 3.03 Public Hearing and Notice 3.03.010 Provision of Public Notice E. Content of Notice Published or mailed notices shall contain at least the following specific information: 1. The general location of land that is the subject of the application, including a location map with the mailed notice only; 3.03.030 Conduct of Public Hearings Do Record 1. An audio recording and/or written minutes shall be made of all required Public Hearings and such audio recordings shall be kept for two years. 3.08.050 Preliminary Plat Review J. Expiration of Preliminary Plat 1. For Preliminary Plats on projects that are not phased, or not to be developed sequentially, the Preliminary Plat shall become null and void 24 months after its approval unless a Final Plat is filed and approved for all of the Preliminary Plat within that time. 2. For Preliminary Plats on projects that are phased, or that will be developed sequentially, the approval of a Final Plat for a phase of the project shall extend the expiration date for the remaining portion of the original Preliminary Plat for a period of 18 months after the date of approval of the Final Plat. Approval of each subsequent Final Plat within 18 months of the date of approval of the preceding Final Plat shall extend the expiration date for the portion of the original Preliminary Plat for which no Final Plats have been approved for an additional 18 months from the date of approval of such Final Plat. a. Each 18 -month extension period for the expiration of the original Preliminary Plat runs from the date of the latest Final Plat approval. Extension periods are not cumulative. b. If a Final Plat is not filed and approved during the 18 -month extension period, the original Preliminary Plat, together with any unapproved Final Plat applications or expired Final Plats, lapse. 3.08.070 Final Plat Approval F. Expiration of Final Plat and Plans An approved Final Plat that has not been filed in the appropriate records of Williamson County within 18 months of its approval shall expire and be considered null and void. 2008-2009 UDC Amendments — First Round Page 5 of 8 004 to ^JO6 0 3.09.030 Criteria for Approval G. The Site Plan shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the state of Texas. 3.09.070 Site Related Construction Plans C. For all private improvements, the plans shall conform to standard engineering practices and must be sealed by a licensed Professional Engineer licensed in the state of Texas. 3.17.030 Criteria for Approval A. The applicant must ensure that the application for a Stormwater Permit was prepared or reviewed, approved and sealed by a Professional Engineer licensed in the state of Texas prior to submission to the City, and that the application meets the requirements of the UDC Development Manual, 3.19.O60.A Engineering Study 1. An Engineering Study may be required based upon the determination of the Development Engineer. In all cases the City will require only those elements of an engineering study that are necessary to answer the specific questions that arise during the review process. The engineering study shall conform to standard engineering practices and must be sealed by a Professional Engineer licensed in the state of Texas. The Development Engineer will review the following information in the determination to require an Engineering Study: 4.04.O30.A.5 Development Plan x. Compliance with Chapters 11 and 12, Environmental Protection and Roadway Adequacy shall also be demonstrated as part of the PUD zoning application, unless the applicant does not include or request any changes to the provisions in Chapters 11 and 12 and nothing in the application would indirectly affect the provisions in these chapters. For applications for PUDs of more than 25 acres, 5,000 vehicle trips per day, or 500 residential units compliance with Chapters 11 and 12 shall be demonstrated, even if no modifications to these chapters are proposed. 4.05.040 SP Standards for Williams Drive (F.M. 2338) A. Establishment 2. Any special site design standards of the SP (Williams Drive) District shall govern when in conflict with any site design standards of the underlying zoning District. 2008-2009 UDC Amendments — First Round Page 6 of 8 us. Section 4.06 Downtown Overlay District Standards 4.06.020.G Landscaping and Buffering Site landscaping requirements shall be those contained within Chapter 8 of the UDC in conjunction with the design criteria in the Downtown Design Guidelines. 9.03.020 Parking Space and Parking Lot Design D. Surfacing and Maintenance All required parking, driveways, drive aisles, and entrances shall have a Paved Surface, as approved by the Development Engineer. All designated fire lanes shall be paved according to the typical street cross sections for local street design in the City of Georgetown Construction Specifications and Details, and kept in a dust -free condition at all times F. Parking All required parking shall be constructed of a Paved Surface. No parking -shall be allowed on any surface other than a Paved Surface. Section 9.04 Vehicle Stacking Areas 9.04.010 Minimum Number of Spaces Off-street stacking spaces shall be provided as indicated in the following Table. Off- street stacking spaces shall be in addition to any required parking and loading spaces. Section 16.04 Definitions of Uses Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. Paved Surface. An area surfaced with single or multiple course surface treatment, asphalt, concrete, pervious concrete, or grasscrete pavement constructed on a base course, or similar all-weather surface, not including gravel, grass, stones, or similar unpaved materials. SECTION 4. 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 5. 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. 2008-2009 UDC Amendments — First Round Page 7 of 8 0 SECTION 6. This Ordinance shall become effective in accordance with the provisions of the City Charter. PASSED AND APPROVED on First Reading on May 26, 2009. PASSED AND APPROVED on Second Reading on June 9, 2009. ATTEST: Jessica _.City Secretary THE CITY OF GEORGETOWN Approved as to Form: Patricia E. Carls, Carls, McDonald & Dalrymple, LLP City Attorney George Garver, Mayor 2008-2009 UDC Amendments — First Round Page 8 of 8