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Home My WebLink AboutORD 2009-37 - Amending 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 1.03 "Applicability"; Table 2.01.020 "Summary of Review Authority"; Section 2.02.010.13 "Powers and Duties"; Table 3.01.020 "Applicability of Procedures"; Section 3.02.010 "Pre -Application Conference"; Table 3.03.010 "Summary of Notice Requirements"; Table 3.03.020 ""Summary of Required Public Hearing"; Section 5.02.090 "Places of Worship"; Section 9.03.020 "Parking Space and Parking Lot Design"; Section 10.03.020 "Provisionally Exempt Signs"; Section 10.07 "Temporary Signs"; Section 11.02 "Impervious Cover Limitations"; and Section 16.04 Definitions of Uses"; and adding Section 3.20 "Development Agreement"; Section 10.07.040 "Temporary Signs for Temporary Events"; and Section 12.03.050 "Access Point Connection Exemption"; 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 second in a series of items the Task Force considered and completed for deliberation by Planning and Zoning and City Council; and 5 V.11 �`� 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 May 19, 2009 and May 26, 2009; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the draft amendments at their regular meeting of June 2, 2009, and recommended approval of the amendments 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 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. 4.1.13: 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. 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 as follows to reflect these annual updates: Section 1Applicability C. An applicant may eleet at. any time to use this Uftified IDevelopment Code pre-viouslyexisting.- plat that has platted setbacks, setbackwhich are in conflict with the standards of the UDC, shall be subject to the higher provision. of the UPC. A waiver fr• • Zoning Commission shall be required to maintain and utilize the platted lesser setbacks. Setback waivers, pursuant to this Section, shall be processed through the Planning and Zoning Commission subject to the factors outlined in Section 3.08.050 (I) "Waivers". 2. lw= Summary of Review Authority The following Table summarizes the decision-making authority of each review body for the City of Georgetown. Comprehensive Plan Amendment R <R> <DM> UDC Text Amendment R <R> U Zoning Map Amendment (Rezoning) R C� E L <R> <DM> Historic District Designation L Qc <R> <R> <DM> Special Use Permit ..o U <R> U Preliminary Plat R _ R Q t�1 > Procedure0.0 R m 0 o w = N a _ Development Agreement R D ti R U __ Comprehensive Plan Amendment R <R> <DM> UDC Text Amendment R <R> <DM> Zoning Map Amendment (Rezoning) R R <R> <DM> Historic District Designation R <R> <R> <DM> Special Use Permit R <R> <DM> Preliminary Plat R R R DM Final or Minor Plat w/ Waiver R R R DM Development Agreement R R DM Access Point Connection Exem t ion R R R DM Administrative Exception (Zoning) DM Administrative Plat (minor or amending DM R A plat) Final Plat DM I R I A A Site Plan Review DM Heritage Tree Protection Priority R I I R Temporary Use Permit I DM DM A Master Sign Plan DM A Construction Plans DM Stormwater Permit DM Driveway Permit DM Sign Permit DM A Heritage Tree Removal/Pruning Permit DM A Heritage Tree Protection Priority DM R R A Certificate of Design Compliance, Administrative DM A Certificate of Design Compliance I I I I I <DM> A Heritage Tree Protection Priority I R I I R I R I DM A R — Review or Recommendation DM — Decision Making Authority A — Appeal Authority < > - Public Hearing 2. Review and Report The Director shall review and make either a report or recommendation to the Historic and Architectural Review Commission, Zoning Board of Adjustment, Planning & Zoning Commission or City Council on the following procedures, subject to the terms and conditions set forth for such procedures in this code. a. Comprehensive Plan Amendment b. Unified Development Code Text Amendment c. Zoning Map Amendment (Rezoning) d. Historic District Designation e. Special Use Permit f. Certificate of Design Compliance g. Preliminary Plat Review h. Development A4reement i. Access Point Connection Exemption MIMO Applicability of Procedures The following Table shows which review procedures, applications and permits that apply in the City and its extraterritorial jurisdiction. 3.Q MO Pre -application Conference C. A Pre -application Conference is required for the following applications. 1. Comprehensive Plan Amendment 2. Zoning Map Amendment (Rezoning) 3. Historic District Designation 4. Special Use Permit 5. Preliminary Plat view b. Administrative Plat (Minor Plat or Amending Plat) 7. Site Plan review 8. Master Sign Plan 9. Certificate of Design Compliance 10. Variance 11. Unified Development Code Text Amendment 12. Construction Plan lbw 13. Final Plat Review 14. Planned Unit Development 15. Driveway Permit 16. Development Agreement Notice shall be required for application review as shown in the following Table. •` i i i' • r; -• Procedure Published Marled Posted City Council UDC Text Amendment X X Zoning Map Amendment (Rezoning) X X X Historic District Designation X X X Special Use Permit X X X Certificate of Design Compliance X Variance (Zoning) X X X Replat without Vacating (§212.0145) X X Develo ment Agreement X X X Access Point Connection Exemption X X X X = Notice Required 3.03.020 Required Public hearing The following Table identifies the types of applications requiring a Public Hearing and the review body responsible for conducting the Hearing. t •li��illillillillilillill 111111111111111111,-:• 1 111 • 111 Type of Application HARC Zoning Board of Adjustment i Planning & Zoning City Council Comprehensive Plan Amendment X X UDC Text Amendment X X Zoning Map Amendment (Rezoning) X X Historic District Designation X X Special Use Permit X X Appeal of Administrative Decision (Zoning) X Variance (Zoning) X Development Agreement X X Access Point Connection Exemption X X = Public Hearing Required 3mMO10 Awficabliltv A. Ana 7lication for a Development Agreement seeking to modifl, or delay certain rec ��iternet�ts of this Code {including any Manuals adopte1 bv reference by this Code) and/or ariv other provisions of the Cite Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinrizces may be filed in accordance with tlz.e terms and. conditions of this Section. B. This Section shall. appy to any new Agreeanent and any amendments thereto, as well as to any Amendi-nents to an existing Developrneiat Agreernent, agreennents 11 re ardi z idlut-ticipal Utility Districts or any other Special Districts as defined in Section 13.10 of this UDC. Initiation of a Develt)�njerq ��7•eernent or an An-€endnient may be made upon: 1. A iD r)li atior-tof a property owner oI tl-eir authorizeciagent, 2. Recommendation of the City Council; 3. Recommendation of the Planning and Zoning C:orninission or appropriate board or commission; oil 4. Recommendation of the Director. Applications shall lie reviewed bv a Development Agreement Committee which shall be des/hated by the Director at the bine <zf application to determine the necessary staff for the particular application. The Co m_rnittee will be established based on the functional areas needed in order to appy riatell resesl�c>nd to the request being considered. The Development Agreement Corninittee array consist of the Cites Develop n�ineerLCit- Attorney, Finance Director, Community Devel)n>nt Direct«r, Pla:nnn 7 Director, l�'larsner{si, Systems Einec Director, Georgetown Utility Systems R-epresentative(s) their designees or any other staff assigned to the cornsnittee. The Development Agreement Committee shall determine com fleteness of the anplication no more than fifteen workinC7 da vs following of the application. At that time the Committee shall also . assign staff hourly rates a payment schedule and determine if the application is consistent with Citi- policies and aclyances a legitimate City u-terest• otherwise the Committee may reject the application based on such criteria. 1. The Development ALyreement Committee shall review the aDDlication consider the Approval Criteria, and assign a Project Manager to lead the review and prepare a report to the Planning arid. Zoning Commission and/or appropriate board or co€nm_ission and Cite Council. 2. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and State statute. 3. .l,he l'ro'ect N1a include a recommenclation for final action. Public Notice in the form of Mailed Published and Posted Notice .shall be required per the notice provisions of this Code. 1. The Planning and Zoning Commission shall hold a Public .Hearing and make a recommend ation to the City Council. 2. Ay other rap rooriate board or commission, whose review and recommendation to City Council is deemed necessary by the Development A ;regiment Committee, shall hold a Public. Hearing and make a recommendation to the City Council. l.. The Citi' Council shall hold a Public Hearing ar-Ld may take final action on the proposed Development Agreernent or amendment. ?. The Develo rnent Ag_reement or amendment, shall._ become effective in the nzannemvjded b� the CityCharterr or Stats La1� I All outstanding application, staff and lecyai fees rnust be paid in full to the City prior to the adaption of the a€ireement or arnencirnent. 3aO5mO3QARR[QyW.Cjjj9rjA In determining, whether to approve approve with modifications or disapprove a proposed Development Agreement or amendment the City Council shall consider the following matters: A. The proposed agreement promotes the liealthsaf�,or general welfare of the city and the safe, orderly and healthful development of the city_ B. The proposed agreement is consistent with the Comprehensive Plan. :am .. • r - 1. Required off-street parking spaces shall have minimum dimensions of 9 feet in width by 18 feet in length unless otherwise indicated within this Section. 2. Subject to approval by the Director, Iff-parking areas with 20 or more parking spacesimay abc>cbe up to 3-51100 percent of the minimum number of required parking spaces may be al1ec^mor to reduced size vehicles inckiding compact cars and inotorcvcles if designed to the following standards: a. A compact car space shall not be less than eight and one half feet in width and 186 feet in length; b. A motorcycle space shall not be less than four and one half feet in width and eight: feet in Length; c. Compact car Reduced size spaces shall be laid out in a group and appropriately identified as intended for exclusive use by compact cars. they specified vehicle-; d_Other pajj kite jLctge clt=sigiis rria v be.considered „and shall be submitted to the Director for revietw 3. Parallel. parking spaces shall not be less than eight and one-half feet in width and 22 feet in length, 4. Parking spaces designated as handicapped shall comply with the design and location requirements of the American National Standards Institute (A117.1) and the Texas Department of Licensing and Regulation. The minimiini two-way drive aisle width shall be 24 feet. One-w,va_y and Two- AL"rive drive aisle widths adjoining off-street parking spaces must comply with the following standards: Table 9.03.020.B: Minimum Aisle Width for Specified Parking (in feet) Aisle Width Parkinp,p, Y%n, le Stall One fav Two Way 30° or 45)' 9 13 26 30" or 45' 10 12 24 60" 9 16 - 60° C 0 15 - h^(i r� 9 23 - 75° 10 22 - 90° 9 - 76 900 10 - 24 One Way ve Aisles 900 7-5e 60e 45e or- less 2.5 2-3476 142-.5 WIN 2. Temporary Event Signage is restricted within public rights-of-way in Section 10.07.040. WIN 11fiffill III ."Mal 11 WI all 2. Temporary Event Signage is restricted within public rights-of-way in Section 10.07.040. 10.07 Temporary Signs X8:87.849 Sign Construction and All temporary_ J ns shall be required to receive a 'Temporary Sign Permit, follc)wln�4 tlae procedures of Section 3."19 of fhis Code. rI'empora_ry sians rnav be allowed for pe�ent rases, temporary uses or for Temporary Events, all of Which may be addressed separately in this Section. All temporary signs shall be designed, constructed, and maintained in accordance with the following standards: Its •.- Temporary signs on private property, not inchiding those for Temporary Events, -are limited to banners and non-exempt window signs and shall be are allesived enly upon ,r rem .. p V ,,,, c; n,,,, a l ;+, which r subject to the following requirements: lOOLALL1 Ll. \. Vl 11fiffill III ."Mal 11 WI all I V al I I liiiiiiiii lip 15 m M11 W111 "I ■. --- W al ,-AWAWAM MWIVII Ira mWMWAIMMILM MW 9MC - •`al11000011IM I pa am m a a pa 11 par - : - .MM- ..-pa V W I'll, 10.07 Temporary Signs X8:87.849 Sign Construction and All temporary_ J ns shall be required to receive a 'Temporary Sign Permit, follc)wln�4 tlae procedures of Section 3."19 of fhis Code. rI'empora_ry sians rnav be allowed for pe�ent rases, temporary uses or for Temporary Events, all of Which may be addressed separately in this Section. All temporary signs shall be designed, constructed, and maintained in accordance with the following standards: Its •.- Temporary signs on private property, not inchiding those for Temporary Events, -are limited to banners and non-exempt window signs and shall be are allesived enly upon ,r rem .. p V ,,,, c; n,,,, a l ;+, which r subject to the following requirements: lOOLALL1 Ll. \. Vl 11fiffill III ."Mal 11 111, all 111111111111011 IW I V W IFI I I liiiiiiiii lip 15 m M11 W111 W mWMWAIMMILM Aft:" 0 11 par - : - .MM- ..-pa 10.07 Temporary Signs X8:87.849 Sign Construction and All temporary_ J ns shall be required to receive a 'Temporary Sign Permit, follc)wln�4 tlae procedures of Section 3."19 of fhis Code. rI'empora_ry sians rnav be allowed for pe�ent rases, temporary uses or for Temporary Events, all of Which may be addressed separately in this Section. All temporary signs shall be designed, constructed, and maintained in accordance with the following standards: Its •.- Temporary signs on private property, not inchiding those for Temporary Events, -are limited to banners and non-exempt window signs and shall be are allesived enly upon ,r rem .. p V ,,,, c; n,,,, a l ;+, which r subject to the following requirements: lOOLALL1 Ll. \. Vl A temporary sign permit allows the use of a temporary sign for no more than 45 days from date of issuance. B. Number Only one temporary sign per lot shall be allowed. sivill be per-mitted at a time to the me business o the same let A temporary sign is allowed only in designated Districts as set forth in this Chapter and shall be subject to all other requirements of that District. 10.07.020 Temporary Street Banners The City Manager is authorized to establish procedures for the permitting and installation of temporary street banners placed in public right-of-way. Such banners shall be allowed for the following public events upon compliance with the established procedures: RIX17YAMIUM• r= 11= Falli"IM 1;R 2. Banners in residential subdivision street right of way Banners are allowed along collector -level or higher classification streets within the platted boundaries of a residential subdivision and shall be designed with one overall, uniform design scheme. Such banners are limited to subdivision identification or seasonal decorations and works of art, and shall not be spaced closer than 300 feet apart. Such banners require the approval of the applicable electrical utility and the custodian of the public right of way, in. addition to a sign permit from the Division of Community DeveloY}} il.lent. Planning and Development Atlopmen SerylA 3. Banners in commercial subdivision street right of way Banners are allowed along collector -level and higher classification streets within the platted boundaries of a commercial subdivision and shall be designed with one overall, uniform design scheme. Such banners are limited to subdivision identification, shopping center or campus identification, or seasonal decorations and works of art, and shall not be spaced closer than 300 feet apart. Such banners must be approved by the applicable electric utility and the custodian of the public right of way, in addition to receiving a permit from the Division of Cornmun_ity DevelopmentPlanning and Pevelopm S view This section applies only to "Events" as that term is defined in Section 1.2.21.01.0 of the Georgetown Code of Ordinances or as a public gathering held on public or Private Property. These events may include, for example dem and mineral shm guilt shows, etc. but do not include Promotional sales everits for existing commercial uses. Specific events, activities, or sign regulations that are expressly addressed elsewhere in this Code shall apply and nothing in this Section shall n-iodify those other provisions or standards. Tern orary Event signs Mustmeet the following criteria: a. Signs m.ay not be placed in any State rights-of-way maintained by the Texas Department of Tra asportation. I- b. Signs placed on private property must be approved by the property owner. c. Sigmas must be placed at least three 3) feet frorn the edge of the pavement or curb. a. Si_crns placed. in the public right-of-way shall be limited in area to four square feet. Height is limited to three feet: from grade. b. Signs placed on private }property mmltmst meet design regulations relating to size and hei htcif the particular zonin district of the prop a. Signs irn the Public right-of-�/vay shall be in place no more than 24 hours prior to the first daK of the event and must be removed within 24 hours follow i -mg the last day of the event. b. Suns placed on private property shall be erected no more than I'D dans prior to the event and must be removed within 3 days following the last: day of the event. c. No temporary- event sige shall be in place longer than 30 dam a. Suns shall not be placed in a manner that inhibits or interferes with vision or otherwise affects public health, safety and welfare. b. No lightino, balloons streamers, or other devices or materials mrrav be attached to the sign.. C, Sig ns main not be placed on any roadway appurtenances including but not limited to bridges, traffic control devices, official signs, sign supports light: standards, pales, and, delineators. d. Sponsorships of the event nmav be indicated on the suns, but must be secondary. to the Promotion of the event. e. Signs maybe placed no more than one time in six months for the same event. ® Spicing Signs for the sane temporary event may not be placed less than 100 yards mart along a street riolit-of-way. A place of worship is permitted in accordance with the Use Table in 5.01.030. Places of worship located within the RE, RL, RS, TF and MF Residential Districts are subject to the applicable standards contained in Table 6.02.030 "Housing Type Dimensional Standards" with the following exceptions: • i ,- NOR • These impervious cover limitations are adopted to minimize negative flooding effects from stormwater runoff and to control, minimize and abate water pollution resulting from urban runoff of rainwater or other non -point specific sources, pursuant to the Texas Water Code. 11.02.010 Impervious Cover Limitations Impervious Cover limitations apply to all properties in the Citv Limits and the City's Extraterritorial jurisdiction (ET). - RMA "W :.FS ::- -•on -PaMMMORRVIMAW. •;. : aVA Mal "V �Nown. �. ......x ..;: Non -Residential Develoi nt it the City limits shall follo-v the rc7visions below, All development in the ETI shall follow the provisions in Section C below. 1. Over the EdwardLAguifer If the vrot)ertv is located over the Edih-ards Aquifer Recharge or Contributing; ERA . . • i ,- NOR • These impervious cover limitations are adopted to minimize negative flooding effects from stormwater runoff and to control, minimize and abate water pollution resulting from urban runoff of rainwater or other non -point specific sources, pursuant to the Texas Water Code. 11.02.010 Impervious Cover Limitations Impervious Cover limitations apply to all properties in the Citv Limits and the City's Extraterritorial jurisdiction (ET). - RMA "W :.FS ::- -•on -PaMMMORRVIMAW. •;. : aVA Mal "V �Nown. �. ......x ..;: Non -Residential Develoi nt it the City limits shall follo-v the rc7visions below, All development in the ETI shall follow the provisions in Section C below. 1. Over the EdwardLAguifer If the vrot)ertv is located over the Edih-ards Aquifer Recharge or Contributing; Zone, the maximum impervious coverage for the subdivision Must follOW the calculation described in subsections a b and c below. Once the maximum percentage for the gross subdivision has been determined, the plat shall denote the maximum per tot within the subdivision. Within a subdivision, impervious cover Percentages per lot may vary, provided that the subdivision maxi711um, per the following calculation, is not exceeded a. Subdivisions Less Than or Equal too Acres: ` be impervious cover maximum allowance is 70%'). b. Subdivisions Greater lean 5 Acres; For subdivisions greater than 5 acres, the impervious cover maximum allowance changes with the total acre s c} of the subdivision. The imPe Vious cover maximum is 70°"o of the first 5 acres and 55`,0 of the remaining acreage, as shown below. s- a • - may ! 1 in accordance with i � but 711 no bonus of 10`;% per subdivision is granted for all properties. For Acre age Ii case shall the gross Impervious cover exceed c. For properties over the Recharge or Contributing Zones, waivers to the 5Y'llo limit may be granted. in accordance with Section 1.1.02.020 but 711 no bonus of 10`;% per subdivision is granted for all properties. For case shall the gross Impervious cover exceed 70%() including all Waivers. If the oroPerty is not located over the Rechara-e or C;ontributini�.! Zones, the maximum allowable impervious cover percentages in Table 11.02.010, shall apply. All maximum percentages are established by district, regardless of use. Impervious cover credits are established for all properties, regardless of size and location in Section D below. ki. For Conservation Subdivisions I11 Non -Residential Zoning Districts, a bonus of 10`;% per subdivision is granted for all properties. For example, 60% where Development the maximum is 0% or 80°'() where a zoning Districts the provisions below. bonus of 10% per subdivision is granted for all properties. All development in district .maximum is 70%. in Section C below. C. For properties in the Downtown Overlav District, impervious cover may be increased to 95% if approved by the Development Eng ineer based on capacity in the Dovivxitovm Regional Stoirniwater Ponds. . For properties in MU or TOL? Districts, the standards established Section 4.04.020 and Section 4.11 shall govern in lieu of Table -11,02.010, w 3:' Residential For Conservation Development Subdivisions in Residential in the City limits shall follow Districts the provisions below. bonus of 10% per subdivision is granted for all properties. All development in the ETI shall follow the provisions in Section C below. . Exceot as r�ovided_in Subsection.b C1nd c, belo-vi 1m envious Cover for developni.ent located in Residential Zonincy Districts shall be calculated on a per subdivision basis and shall not exceed the limits set forth M Table 11.02.011. All maximum percentages are established b� district, regardless of use. The limits in Table 11.020.012 apple to all development located in Residential Zoning Districts over any part of the Edwards Aquifer- in the table below. ,;; w a. Impervious cover credits are established for all properties, res4ardless of size and location, in Section. D below. b, For PlousiniDiversity Developillents, the maximum impery ious cover limits set forth in Table 6.05.040 shall govern in lieu of Table 11.02.01.1. C. For Conservation Subdivisions in Residential Zonin Districts a bonus of 10% per subdivision is granted for all properties. Properties located in the Qjj�L-'s ETJ must comply with the following provisions. a. SiiiQ]e-family residential d.evel.c>r)ment wi.thout Dublic wasteyvater service shall not exceed forty percent (40%) impervious cover. Sirlgie- farnily and two-farnily residential development with public wastewater service shalt not exceedve errcent (45%) impervious coveragc. i b. Non-residential development shall follow the subdivision calculation described in subsections i ii, and iii below. Once the maximum percentage for the t Toss subdivision has been determines.-[, the plat shall denote the maximum per lot within the subdivision. Within a subdivision, impervious cover percentages per lot may vary, vrovided that: the subdivision maximum. ver- the followi.ne calculation. is not exceeded. i. Subdivisions Less'lhan or Equal to 5 Acres: The impervious cover maximum allowance is 7i)° ii. Subdivisions Cheater Than 5 Acres: For subdivisions Treater than 5 acres._the imper\•rious cover maxii-nun allowance chanVs with the total acreage of the subdivision. The impervious cover rnammurn is 70"4, of the first 5 acres and 50"X) of the remainhigacreage, as shown below: 1. .. ..- Acreage :.- Total. Zones, . . following shall a a. SiiiQ]e-family residential d.evel.c>r)ment wi.thout Dublic wasteyvater service shall not exceed forty percent (40%) impervious cover. Sirlgie- farnily and two-farnily residential development with public wastewater service shalt not exceedve errcent (45%) impervious coveragc. i b. Non-residential development shall follow the subdivision calculation described in subsections i ii, and iii below. Once the maximum percentage for the t Toss subdivision has been determines.-[, the plat shall denote the maximum per lot within the subdivision. Within a subdivision, impervious cover percentages per lot may vary, vrovided that: the subdivision maximum. ver- the followi.ne calculation. is not exceeded. i. Subdivisions Less'lhan or Equal to 5 Acres: The impervious cover maximum allowance is 7i)° ii. Subdivisions Cheater Than 5 Acres: For subdivisions Treater than 5 acres._the imper\•rious cover maxii-nun allowance chanVs with the total acreage of the subdivision. The impervious cover rnammurn is 70"4, of the first 5 acres and 50"X) of the remainhigacreage, as shown below: 1. Acreage Total. Zones, the following shall a a. SiiiQ]e-family residential d.evel.c>r)ment wi.thout Dublic wasteyvater service shall not exceed forty percent (40%) impervious cover. Sirlgie- farnily and two-farnily residential development with public wastewater service shalt not exceedve errcent (45%) impervious coveragc. i b. Non-residential development shall follow the subdivision calculation described in subsections i ii, and iii below. Once the maximum percentage for the t Toss subdivision has been determines.-[, the plat shall denote the maximum per lot within the subdivision. Within a subdivision, impervious cover percentages per lot may vary, vrovided that: the subdivision maximum. ver- the followi.ne calculation. is not exceeded. i. Subdivisions Less'lhan or Equal to 5 Acres: The impervious cover maximum allowance is 7i)° ii. Subdivisions Cheater Than 5 Acres: For subdivisions Treater than 5 acres._the imper\•rious cover maxii-nun allowance chanVs with the total acreage of the subdivision. The impervious cover rnammurn is 70"4, of the first 5 acres and 50"X) of the remainhigacreage, as shown below: 1. pefeent .• ) �ever-, Single family fesideiifial .• iii. For pProperties over • . •Aquifer Contributino Zones fop develepment ether- . be granted in, accordance Wlth Section 11.or> shall the gross impervious, cover exceed o waivers. Acreage Total. pefeent .• ) �ever-, Single family fesideiifial .• iii. For pProperties over • . •Aquifer Contributino Zones fop develepment ether- . be granted in, accordance Wlth Section 11.or> shall the gross impervious, cover exceed o waivers. a. Single-family residential development without Public wastewater service sliall not exceed. forty percent 40`1 impervious cover. Single- family and two-family residential development "ith public wastewater service shall not exceed forty-fivepercent (45",11 impervious cove. b. All other development shall. not exceed seventy percent (70`%)) LITIpE'rVloUs Co1'E'ragi'. ililillilljlllllllllllillillillillI.oi•.uis.i..�.ii.:iwe.•aa�a.wsw:aa�e♦•.ii•aaea.a��ir•:��tterr to a. Single-family residential development without Public wastewater service sliall not exceed. forty percent 40`1 impervious cover. Single- family and two-family residential development "ith public wastewater service shall not exceed forty-fivepercent (45",11 impervious cove. b. All other development shall. not exceed seventy percent (70`%)) LITIpE'rVloUs Co1'E'ragi'. to 11 K, 11 11 1 OF to VIEW toWPoll I VWWMLM:. Mfg : :PW1 OWN a a RE on WILWAVA IF All MI 14 1111 a 41 Mi MINI 1111111 -!Ml IN 0 Wi .' :.AS I ..MRr .' Iiiiiiiiiiiiiiiii• . . . . • V • i iffiPr V ii.iiiii,• a. Single-family residential development without Public wastewater service sliall not exceed. forty percent 40`1 impervious cover. Single- family and two-family residential development "ith public wastewater service shall not exceed forty-fivepercent (45",11 impervious cove. b. All other development shall. not exceed seventy percent (70`%)) LITIpE'rVloUs Co1'E'ragi'. ;- ;-;�. . Parkland to be dedicated shall be counted toward pervious area. The area of arterial and major collector streets shown on the Thoroughfare Plan and located within the subdivision shall be deleted from the calculation of gross area and impervious cover. . .• .•; J91 - For RE, RL and RS Districts, 50°/0 of the square footage of the water surface area of a residential swig mm� z Pool shall be counted as a pervious surface. This does not include the apron of the pooh surroundi.n patio, or decking, all of which will count towards t:le impervious cover (total. 11 K, 11 11 1 OF to VIEW toWPoll VWWMLM:. Mfg : :PW1 OWN 0toto .: .' :.AS ..MRr .' .' ;- ;-;�. . Parkland to be dedicated shall be counted toward pervious area. The area of arterial and major collector streets shown on the Thoroughfare Plan and located within the subdivision shall be deleted from the calculation of gross area and impervious cover. . .• .•; J91 - For RE, RL and RS Districts, 50°/0 of the square footage of the water surface area of a residential swig mm� z Pool shall be counted as a pervious surface. This does not include the apron of the pooh surroundi.n patio, or decking, all of which will count towards t:le impervious cover (total. 4. Credit for Places of Worship Impervious coverage for places of worship, for the Rl..,, RE, PS, TF, TH, and MF Districts, shall be a maximum of 55`%x. This coverage can be increased to a inaxinium of 70"Xo provided the development: meets the waiver criteria in Section 1-1.02.020. Places of worship in all other circumstances shall follow the applicable requirements of Section 1.1.02. 11.02.20 Waiver of Impervious Cover Limitations The Director shall increase the amount of impervious cover as specifically listed below, upon verification by the Development Engineer that the development meets the waiver criteria. No combination of waivers may allow impervious cover to exceed the maximum provided. Partial credit of each of the following waivers may be granted. 1 • •.101 M I ft a a a, The Director shall increase the amount of permitted impervious cover by seven percents %( if the development provides low impact development site design features such as: i. dry wells or infiltration trenches to capture rooftop and driveway runoff, ii. rainwater harvesting, iii. preserving stream buffers and riparian corridors, .iv. bio -retention facilities placed around the perimeter of parking lots, cam. wet ponds, and ori. using grassed filter strips and vegetated swales in place of traditional curb -and -gutter type drainage systems. b. The low impact site design features above must meet the following provisions: i. a.Accepted Low Impact Development designs must be utilized, following the guidelines and standards adopted by the Texas Commission on Environmental Quality. of an i+ief ease 4E)m the pr-edevelopment CN of no mor -e than sixuicdts. ii. The applicant is responsible for providing sufficient design information for the Development Engineer to examine and verify the improvement. iii. The applicant must provide a binding maintenance agreement.-an4 ide a guarantee of £'r-fofmaF' ee as deser-ibed in Sectio,-. 13.08, r.,l ieh is effective fer five years.- Y. ■ ■ 1 OF .�' .. - .' ... MKI 64; C iJ�i�awia.i�is.�ai�leo�1 of an i+ief ease 4E)m the pr-edevelopment CN of no mor -e than sixuicdts. ii. The applicant is responsible for providing sufficient design information for the Development Engineer to examine and verify the improvement. iii. The applicant must provide a binding maintenance agreement.-an4 ide a guarantee of £'r-fofmaF' ee as deser-ibed in Sectio,-. 13.08, r.,l ieh is effective fer five years.- 2. Parking Lot Design (5%) The Director shall increase the amount of permitted impervious cover by five percent t,5%oif the development provides a parking lot design that breaks up the parking area into areas separated by planted or natural landscaping features. The applicant must provide an Alternative Parking Plan as described in 9.02.050, and may be able to also receive a reduction of required off-street parking requirements if approved by the Director. 3. Preservation of Natural Areas (7%) The Director shall increase the amount of permitted impervious cover by seven percent7` o if the development retains all of its buffer areas in natural preserve areas, and provides an agreement that such areas shall not be irrigated, fertilized, or insecticide or herbicide applied to such areas. Where additional landscaping in buffer or other common areas is required, such landscaping shall meet xeriscaping standards for low water use. Buffer areas will prevent erosion, trap sediment, filter runoff, and function as a floodplain in high water periods and where adjacent to creeks or rivers. 4. Over -Provision of Landscaping (3%) The Director shall increase the amount of permitted impervious cover by three percent Q!I'oj if the development exceeds the landscaping and tree canopy area requirements of Section 8.03.010 by tljirty percent (30%), and will be installed and maintained as required by Section 8.14 of this Code. 5. Tree Preservation **Mis section left iiitentionally blank for future text addition" . r.-- Landscaping in the Extraterritorial Jurisdiction (7%) The Director shall increase the amount of permitted impervious cover by seven percent %`% for development in the extraterritorial jurisdiction that shows compliance with the landscaping and tree canopy area requirements of Section 8.03.020 and w}l4 be is installed and maintained as required by Section 8.14 of this Code. Any reduction in impervious cover limitations by the Director will require that the applicant utilize TCEQ (Texas Commission on Environmental Quality or successor agency) temporary erosion control practices during construction. Such practices will minimize disturbance to only areas that are undergoing active construction and avoid compaction of lawns and greenways with construction equipment. Specification notes shall be included on the construction plans delineating compliance with these requirements. A Subdivider is eligible to apply for an exemption from the recluire�t connection with a residential local street if each of the following conditions is met: a. The Subdividers p.r perty is located in either the h-idustrial (IN) or Business Park (3P) Zoning Districts- anti b. The adjacent residential subdivision(s) having street stubs is in a Resi&n4g �Xsqiqe that is not zoned as RE, RL, RS, TF, or Tip Zoning District, or, for properties in the ETI, is platted as a residential subdivision and .is shown on the Future Land Use Plan as a Residential. Land Use Category; and C. 'The Subdivider submits a revort, prepared and sealed by a Professional Engineer, licensed. in the State of Texas, ,stating; that the following measures have been studied and determined to be ineffective or -problematic to aLie uatel�- mitigate the impacts of traffic from the development in the IN or BP District on the adjacent residential neighborhood., L Traffic calminyiii the resideiztial subdivision; and ii. Restricting truck traffic in the residential subdivision by siL)-na2e or other means; and iii. Creating a circuitous route in the IN or BP District; and iv. Not making the street connection will. not. be inconsistent with the Traffic Impact Analysis (T.IA , if any, of both the of the residential subdivision and the land in the IN or BP District; and V . l"lie neriritted cul-de-sac leir� tl� in Section 12.C).t)2(J is not exceeded for the stub originating, in the residential subdivision; and vi. All Public im rovernents that would otherwise be required by the extension. of the street stub such as utility extensions caps and connections, etc.) can be adequately addressed, at the discretion of the Development En,i_neer. o ren �iplplicahon_for can exemption from the comiectivity requirements as allowed by this Section must be made before or simultarieously lvith an application for a P eliminary_Plat., b. Public Notification shall be required as described i.n Section 3.03.010. includinC7 Published Mailed. and Posted Notice. C. The Planning and Zoning Commission considers the exemption and makes a recommendation to the City Council. d. City Council holds one (I) Public Heari i�,Ya_nd the exemption shall be ranted if the ret est receives a favorable vote from the majority of the City Cl members, . If the exemption is granted and will require closure of a public street Luzd/or abandonment of a public: noj/7., the Subdivider shall fLI11V cooperate with the City and be responsible for all costs associated with such actions, it Applicable t� allExemptions. 3. nt All exemi--)tions granted tinder this Section shall be subject to all of the follow conditions: a. A coil -de -sac or other vehicle layer of turd -around meetralg the provisions of Chapter 12 shall be built at the end of the existing- stub on the Subdi`Tider's property if surface throu6 the foram of springs or artesian wells. Zone, all of which are often preceded in name by the turnaround is not already provided for and only if the existing stub exceeds 150 feet; and b. A Tvve C Buffervard is established at the Subdivider's Property line adiacent to the r.o.w, on all sides of the cul-de-sac; and C. Reservation of the R.O.W.extension for the connection. shall be granted to the City, to be shown orithe plat and shall be maintained by the owner of the kind being subdivided not counted as i ervious corer on the plat, and d. Once the exemption is granted and the street stub is closed, no access shall be taken from the cul-de-sac; and . Any other condition approved by the City Council. Relation• Adjoining 9Intersections Section 16.04 •.'.. of Aquifer. All unde:rgroun.d bed. or Underground layer of permeable rock that: retains groundwater. An. Recharge Zone, aquifer often releases water to the surface throu6 the foram of springs or artesian wells. Development Aueement An Agreement approved by the City Council that modifies or delascertain requirements of this Code (including any Manuals adopted by reference by this Code) and/or any other provisions of the City Code of Ord inances in order to present an alternative plan for development that could not otherwise be accomplished tinder this Code or the Code of Ordinances. Edwards Aquifer. Underground aquifer formation consisting of a Recharge Zone, Contributing Zone and Transition Zone, all of which are often preceded in name by 'Edwards Acfuifef. The boundaries of the Edwards Aquifer and its divisions are determined by the Texas Commission on Environmental Oualitv TC.E . If not specifically singled out by individual zone, `Edwards Aquifer' shall be determined to encompass all three zones collectively. Temporary Event. An "Event." as that term is defined in Section 1.2.24.0'10 of the Georgetown Code of Ordinances or a public gathering held on public or private property (.for example, g_em and mineral shows, guilt shows, etc.) 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. SECTION 6. This Ordinance shall become effective in accordance with the provisions of the City Charter, PASSED AND APPROVED on First Reading on June 23, 2009. PASSED AND APPROVED on Second Reading on July 14, 2009. ATTEST: r Je sica Hamilton City Secretary Approved as to Form: THE CITY OF GEORGETOWN tricia E. Carls, Carls, McDonald & Dalrymple, LLP Acting City Attorney �q F George Garver, Mayor