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HomeMy WebLinkAboutORD 93-12 - Subdivision RegulationsORDINANCE`{ • `�, i r 1 .,r �_ i 1 �. is WHEREAS, in accordance with the Constitution and laws of the State of Texas, including particularly the Local Government Code, Chapter 212, Municipal regulation of Subdivisions and Property Development; and in accordance with the Charter of the City of Georgetown, Texas, hereinafter referred to as "City", the City is authorized to develop regulations for the subdivision and development of land in the territorial jurisdiction of the City, including the corporate limits, extraterritorial jurisdiction and other areas as permitted by law; and WHEREAS, on February 9, 1988, by approval of Ordinance 088-0061 the City did adopt "Subdivision Regulations of the City of Georgetown," hereinafter referred to as "Regulations;" and WHEREAS, Ordinance 088-0061, Section 4 provides for the annual review of the Regulations and the consideration of revisions thereto by the City Council; and WHEREAS, Ordinance 93-6, adopted on January 26, 1993, did extend the effective date of the Regulations to May 1, 1993; and WHEREAS, the Subdivision Regulations Advisory Committee, appointed by motion of the City Council, has reviewed the effect of the Regulations and has recommended to the City Council certain revisions to the Regulations; and WHEREAS, on March 22, 1993, the Georgetown Planning and Zoning Commission conducted a public hearing on the revisions proposed by the Subdivision Regulations Advisory Committee and recommended approval of the revisions to the City Council. 1OW9 THEREFORE,BE IT ORDAINED BY THE CITY CO1 OF CITY OF GEORGETOWN, TEXAS, THAT, SubRegs Revision Ordinance No. Page 1 of 3 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 Growth and Physical Development Policy 2 of the Century Plan - Policy Plan Element which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The attached Exhibit "A", relating to "1993 Sunset Revisions to the Georgetown Subdivision Regulations" is hereby adopted by the City Council of the City of Georgetown, Texas, SECTION 3. The application and enforcement of the Regulations is hereby extended to February 28, 1994, such that, unless subsequent action extends the application and enforcement of the Regulations, they shall expire on said date. SECTION 4. 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 5. 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 6. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. SECTION 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. SubRegs Revision Ordinance No. Page 2 of 3 PASSED AND APPROVED on First Reading on the 27th day of March, 1993. PASSED AND APPROVED on Second Reading on the fl day of 11993, ATTEST: THE CITE' OF GEORGETOWN: Elizabeth Gray City Secretary Marianne Landers Banks City Attorney SubRegs Revision Ordinance No a. .- Page 3 of 3 IC • ! t Mayor Exhibit A 1993 Sunset Revisions to the Georgetown Subdivision Regulations new text is underlined deleted text is struck through unmodified passages appear in normal type and may include text to remain unmodified all revisions are subject to review by the City Attorney ?I" I " to indicate additional existing These subdivision regulations shall apply to all subdivisions of land and land development activities, as they are both defined herein, and for all property identified in a deed of record, any part of which are located within the territorial jurisdiction of the City as established by law in effect at the time of adoption of these regulations or as may be amended from time to time. The territorial jurisdiction of the City shall be defined as follows: A. The corporate limits cf the City of Georgetown, Texas; and B. The Extra -Territorial Jurisdiction of the City of Georgetown, Texas; and, C. Any additional area outside (A), (B) above as permitted by law and which has been approved by the Council, 16010 Subject Developments A. The provisions of these subdivision regulations, including design standards and improvement requirements, shall apply to the following forms of land subdivision and development activity: 2. All subdivisions of land whether by metes and bounds division or by plat, that were in existence on or before February 14, 1988, which were outside the jurisdiction of the City°s subdivision regulations in effect at the time said plat or deed was filed in the official records of Williamson County, Texas and which subsequently came within the jurisdiction of the City's subdivision regulations through:...... 11 16020 2,1 All subdivisions of land whether by metes and bounds division or byplat that were in existence on or after February 15, 1988 which were outside the jurisdiction of the City's Subdivision Regulations in effect at the time said plat or deed was filed in the official records of Williamson County?, Texas and which subsequently came within the jurisdiction of the City's Subdivision Regulations through as annexation or; bo extension of the City's Extra -Territorial Jurisdiction or; ce adoption of the Subdivision Regulations and for which by the end of one year from the date of recordation the Commission finds that no substantial investment in public improvements has occurred; or 7. Any development which is intended to occupy a single tract, lot, site or parcel where: b, Any building or structure to be located on a legally_ subdivided tract, lot, site or parcel, excluding one: Exemptions The provisions of Sections 23000 through 26000 of the subdivision regulations shall not apply to; He The division of an existing legal lot said division being caused by the City's acquisition of a part of said legal lot when the Council finds that the acquisition by the City is in the best interest of the public health, safety and welfare of the citizens of Georgetown and it's Extra - Territorial Jurisdiction. Upon the Council so finding the resulting parcels shall be deemed to constitute legal lots for the purposes of developing under the requirements of this ordinance and other applicable city regulations. In creating said division, the Council is empowered to attach to the resulting_ parcels such conditions as it finds reasonable and necessary to off- set any adverse effects resulting from the City's acquisition as a part of the original legal _lot in so far as any such condition is not contrary to the spirit and intent of the ordinance. K D. For all non -single family detached or two-family residential subdivisions, the locations and descriptions of all trees, Oaks, Pecans, Magnolias and other hard woods with diameters greater than or equal to 8-inehes, 12 inches measured three (3) feet above finished grade, except that data for areas of dense foliage, severe typography or other special constraints may be generalized until construction plan submittal, unless said areas are included in any proposed right-of-way and/or utility easement< dumps of trees with trunks greater than 4 inches in diameter and clump drip lines greater than 15 feet in diameter shall also be indicated on the plat. All structures and improvements shall be located so as to minimize any damage to and/or removal of identified existing trees. Upon construction, any identified tree may be removed, but must be replaced with two (2) times the caliper value of each tree removed. 24032 Improvements A. The locations, sizes and descriptions of all existing utilities including, but not limited to gas or petroleum lines, sewer lines, water lines, water towers, water wells, power lines, and telecommunication lines above and or below grade within the subdivision adjacent thereto or proposed for use by the subdivision. Be The size and location of all utilities proposed to be constructed on and off the site. All electric service electric superintendent. D. The location dimensions and materials proposed to be utilized for any subdivision entry features. Any such feature shall conform to the following guidelines. 1. The structure shall be located upon private property and not within any dedicated public rights -of -way. 2. The structure shall be built of no less than 50 percent natural materials. Such materials shall be of a composition to withstand the extremes of weather. 3_ The entryway surrounding the structure shall 3 conformanceutilize landscaQe or xerQscai2e desian and be in 0000 s a o 4. The Articles for Incorporation for a Neighborhood or Homeowners Association shall provide for the maintenance or the upkeep of the entry features and associated landscaping. 5. In the event that the neighborhood or homeowner association fails to adequately maintain the entry features the City shall retain the right to maintain or demolish same, following the proper posting of a demolition notice on site and placement of a public notice in the newspaper of general circulation no less than 15 days prior to removal. 25010C Purpose and Applicability No final plat shall be certified by the Director until such time as construction plans completely describing the on -site and off -site improvements required by this and other City codes have been approved, in writing, by the Director of Public Works, except that in special and unique situations, the Director, at his discretion may allow certification of a final plat with deferral of construction plan approval until just prior to recordation of the final. plat. 25030 Content N. A construction traffic routing_ proposal identifying a route to be followed_ by all construction related vehicles. This proposal shall take into consideration street conditions and neighborhood characteristics and gauge any possible negative impacts on the surrounding areas. • i 1. � � :: i s. i - �, � :► 37020 General Requirements Co Planting Criteria 1. Trees. Trees shall be a minimum of 'I¢�^4- hei.-ght, two (2) inches in caliper measured three (3) feet above finished grade immediately after planting. If trees are Taroposed that are not chosen from the recommended list nrovided in the appendix, trees shall have an average mature crown greater than 15 feet in diameter. Trees having an 0 average mature crown less than 15 feet in diameter may be substituted by grouping the same so as to create at maturity the equivalentof • 15 foot diameter crown if the drip line area is maintained. 41030 Continuity of Improvements All improvements shall be designed and installed so as to provide for a logical system of utilities, drainage and streets and to create continuity of improvements for the development of adjacent properties. Water, wastewater, transportation and drainage improvements shall be extended to the perimeter of a subdivision, except that notwithstanding the prohibition of granting variances for improvements as set forth in Section 60070, the Commission is authorized to vary or modify the requirement for extending water, wastewater, transportation and drainage improvements to the perimeter of a subdivision in accordance with the_p_r_ocedural requirements contained in Section 60070. sa ...• :s- �• 42010 Dedication of Public Park Land Required It shall be required that a subdivider of any residential subdivision within the City set aside and dedicate to the public sufficient and suitable lands within the subdivision for the purpose of public park land or make an in -lieu financial contribution for the acquisition of such park land in accordance with the provisions of this section and these regulations generally. Those subdivisions having received preliminary plat approval prior to the effective date of this ordinance shall be exempt from the requirements of this section except that the expiration of either the preliminary or final plat shall void this exemption. it shall be at t wh -ethe Gr3 aft xa— _ . , F- i r Y+ �-.4- i .rsav .•..-� 1 I Ce4anWiz---:-.--e-�z&- 14� P in aeeerdane. .Jth the fe ' tamed. s less, than tvvw pe,r- The Council and subdivider maw negotiate the combination of public parkland medication and/or payment of fees -in -lieu of required parkland to satisfy the provisions of this ordinance. However, in the event the subdivider offers to dedicate for public parkland one i lj or more acres of land meeting or exceeding the requirements of Section 42020 the City shall be obligated to accept the parkland dedication subject to the parkland location being acceptable to the E Council. Where a subdivider_ proposes to pay an in -lieu -fee as provided for in Section 42030 the Council may accept such payment as satisfying the parkland dedication requirements of this ordinance, except that the City reserves the right to require the dedication of land for Dublic park purposes in accordance with Section 42020 when one (1) or more acres of land would be required to satisfy the parkland dedication requirements of this ordinance. Formula For Calculating Area of Park Land The acreage to be contributed prior to final approval by the Council of any residential subdivision shall be pro -rated in an amount equal to one (1) acre for each 150 dwelling units projected to occupy the fully developed subdivision. (42020 A, B, and C shall be deleted) 42030 Fee Payment In -Lieu of Park Land Dedication When the amount of land required by Section 42020 is less than one (1) acre the Council may require the subdivider to pay a fee -in -lieu of parkland dedication. Where the payment of a fee -in -lieu of parkland dedication is required or acceptable to the Council as provided for in this ordinance, such fee shall be in an amount equal to $225.00 per dwelling unit projected to occupy the fully developed subdivision except that where structures each containing more than four (4) dwelling units are projected to be developed the fee shall be in an amount equal to the greater of $900.00 or $125.00 per dwelling unit. The subdivider shall tender and -oay over to the City said fee prior to recordation of the final plat. (42030 A and B shall be G'��I*i�Z•�`r��3��s��������31t��`kl 60070 Variances deleted) D. 6. The variance is not contrary to the public interest and; 7. Due to special conditions the literal enforcement of the ordinance would result in an unnecessary hardship and; 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done. 6 A task f orce should be appointed to explore and recommend ways to improve housing affordability for the low and moderate income segment of the local population. clear definite r decision on loodplaindevelopmenta be made to resolve uncertainty about placing floodplains in easements or requiring their outright dedication and the use of floodplains for public parkland. 3) Encourage energy efficient subdivision design and building construction. 4) Reconsider the 40 acre minimum lot size for triggering compliance with the City°s Subdivision Regulations. 5) Review the City°s regulations for controlling construction - related traffic and its associated impacts. 6) Request the Park and Recreation Board to re-examine and recommend methods for acquiring and funding purchase of public parkland. 6*4433#111 ft2MV93ZdWVVIjx . March 22, 1993 6:00 p.m. March 23, 1993 5:30 p.m. March 23, 1993 7:00 p.m. April 13, 1993 7:00 p.m. Special Planning & Zoning Commission Meeting City Council Workshop City Council Meeting - 1st Reading of Ordinance City Council Meeting - 2nd Reading of Ordinance All meetings will be held in the City Council Chambers in City Hall at 107 E. 8th Street, Georgetown, Texas.