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HomeMy WebLinkAboutORD 2022-89 - UDC AmendmentsORDINANCE NO. 7_39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CHAPTER 3 "APPLICATIONS AND PERMITS" AND CHAPTER 4 "ZONING DISTRICTS" OF THE UNIFIED DEVELOPMENT CODE (UDC) RELATIVE TO THE COURTHOUSE VIEW PROTECTION OVERLAY DISTRICT; 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 proposed amendments to the UDC would amend zoning regulations related to the Courthouse View Protection Overlay District, allowing a waiver process to the standards adopted within the district, and establishing a public hearing and notice requirements for the waiver process; WHEREAS, the City Council established the Planning and Zoning Commission pursuant to Chapter 212 of the Texas Local Government Code to provide a report on proposed changes to zoning regulations to City Council as well as perform other duties authorized by State law and the Georgetown City Charter and ordinances; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on the proposed amendments at their November 1, 2022 regular scheduled meeting and recommended to the City Council approval of the amendments. 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 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. ORDINANCE NO. PAGE 1 OF 2 Exhibits - I U ` DESCRIPTION: UDC Amendments View Corridor DATE APPROVED: November 22, 2022 SECTION 2: Chapter 3, Sections 3.03.010, Sec. 3.03.020. and 3.27 and Chapter 4 Sections 4.10.040 and 4.10.050 5.01.020 relating to "Courthouse View Corridor," of the Unified Development Code (UDC) are hereby amended as shown in Exhibit A attached hereto. 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 81h day of November 2022. APPROVED AND ADOPTED on Second Reading this 22nd day of November 2022. ATTEST: Robyn ensmore, TRMC City Secretary APPROVED AS TO FORM: Skye Masson City Attorney ORDINANCE NO. PAGE 2 OF 2 Exhibits - � V ( DESCRIPTION: UDC Amendments View Corridor DATE APPROVED: November 22, 2022 - UNIFIED DEVELOPMENT CODE Chapter 3 APPLICATIONS AND PERMITS Chapter 3 APPLICATIONS AND PERMITS SECTION 3.03. PUBLIC HEARING AND NOTICE Sec. 3.03.010. Provision of Public Notice. A. Summary of Notice Required. Notice shall be required for application review as shown in the following Table. Table 3.03.010: Summary of Notice Requirements Procedure Published Mailed Posted Annexation (Voluntary) X Appeal of Administrative Decision X Certificate of Appropriateness # Certificate of Appropriateness for relocation, removal or demolition, or building height, setback or floor -to -area ratio modification # # Comprehensive Plan Amendment X Development Agreement Historic Overlay District Designation X X X Historic Landmark Designation X X X Replat without Vacating (Texas Local Government Code § 212.0145) X X Rezoning (Zoning Map Amendment) X X X Special Exception X X X Special Use Permit X X X Subdivision Variance X X X UDC Text Amendment X Zoning Variance X X X Courthouse View Waiver L X X X X = Notice Required * = Notice to be determined by Development Agreement Committee per Section 3.20 # = Only applicable to Certificate of Appropriateness applications that require consideration by the Historic and Architectural Review Commission B. Published Notice. 1. A public notice shall be published at least once in a local newspaper of general circulation, as designated by the City Council, within the City prior to the meeting. The notice shall contain the time Georgetown, Texas, Unified Development Code Created: 2022-02-14 08:47:20 [EST] (Supp. No. 10) Page 1 of 5 and place of such public meeting or hearing and a brief description of the agenda items that may be considered or reviewed. 2. A published notice shall be published at least 15 days in advance of the public meeting or hearing. C. Mailed Notice. Generally. a. A notice of Public Hearing shall be sent to owners of record of real property within 300 feet of the boundary of the property under consideration, as determined by the most recent municipal tax roll, and central appraisal district tax roll information. b. A notice of Public Hearing shall be sent to home owner and other similar associations registered with the City and located within 300 feet of the boundary of property under consideration. C. Notice of Public Hearing shall be sent by United States mail. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in United States mail at least 15 days prior to the date set for the Public Hearing or as otherwise required by the Texas Local Government Code, as amended. 2. Special Mailed Notice Required for Certain Replats. Replats containing any area or lot that, during the preceding five years, was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, require mailed notice to all owners of lots that are part of the original subdivision and located within 200 feet of the boundary of the property to be replatted, in the same manner as prescribed in Subsection 3.03.010.C.1.c above and in accordance with Texas Local Government Code § 212.015, as amended. Special Mailed Notice Required for PUD Modification. a. For purposes of mailed notice, the boundary of a PUD modification shall be the boundary of any tract of land for which PUD standards or requirements are proposed to change due to the modification. b. In addition to the requirements of Subsection 3.03.010.C.1. above, mailed notice shall also be provided to all owners of property within the entire PUD boundary, not otherwise notified. Posted Notice. 1. Notice shall be posted in a format approved by the Director on the subject property, along rights -of - way contiguous to the proposed development according to the following standards: a. One sign for tracts of less than 300 feet of right-of-way frontage; b. One sign at each interval of 1,000 feet; and C. The total number of signs shall not be required to exceed a total of four signs per right-of-way. 2. Notice of application shall be posted at the project site such that it is visible from the public right-of- way, including contact information and meeting date. 3. The applicant shall be responsible for posting and maintaining the sign on a format approved by the Director, and for removing the sign within five days following the Public Hearing on the application. 4. Posted notice shall be posted not less than 15 days prior to the scheduled Public Hearing. 5. The notice is considered served upon receipt by the developer of the posted notice(s) in a format approved by the Director. (Supp. No. 10) Page 2 of 5 Created: 2022-02-14 08:47:17 [EST] 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; 2. The legal description or street address; 3. The substance of the application, including the type of proposed development and the current zoning district; 4. The time, date, and location of the Public Hearing; 5. A phone number to contact the City; and 6. A statement that interested parties may appear at the Public Hearing. F. Constructive Notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. G. Special Hearing Notice Required for Certain Replats. A Replat without vacation of the preceding plat must conform to the requirements of Texas Local Government Code §§ 212.014 and 212.015. (Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28- 2017; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019; Ord. No. 2019-37 , § 2(Exh. A), 6-11-2019) Sec. 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. Table 3.03.020: Summary of Required Public Hearing Type of Application HARC Zoning Board of Adjustment Planning & Zoning City Council Annexation (Voluntary) X(2) Appeal of Admin. Decision X Certificate of Appropriateness # Comprehensive Plan Amendment X X Development Agreement X Historic Overlay District Designation X X X Historic Landmark Designation X X Replat (Resubdivision) X X Rezoning (Zoning Map Amendment) X X Special Exception X Special Use Permit X X Subdivision Variance X (Supp. No. 10) Page 3 of 5 Created: 2022-02-14 08:47:17 [EST] UDC Text Amendment X X Zoning Variance X Courthouse View Waiver X X = Public Hearing Required R= Public Hearing to be determined by Development Agreement Committee per Section 3.20. # = Only applicable to certificate of appropriateness applications that require consideration by the Historic and Architectural Review Commission (Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2015-48, § 2(Exh. A), 9-22-2015; Ord. No. 2017-15, § 2, 2-28- 2017; Ord. No. 2019-21, § 2(Exh. A), 4-9-2019) 3.27 Courthouse View Waiver Sec. 3.27.010, Applicability, A request for waiver from the reguirernents of the Courthouse View Protection Overlay standards of this Code, as provided for within this Code, may be considered when a request does not meet the criteria for a Courthouse View Exception. Sec. 3.27.020. Initiation. Initiation of the Courthouse Waiver request may be made upon submittal of a complete application by a property owner or their designated agent. Sec. 3.27.030. Application and Completeness Determination. The applicant shall submit all of the Information required in the UDC Development Manual. The Director is resoonsibie for determining the completeness of an application submitted, pursuant to Section 3.02.040. Sec. 3.27.040. Staff Review. A. The Director shall review the application, considerIng applicable criteria fora roval and prepare a report to the City Council. B. The Director may establish procedures for administrative review necessary to ensure compliance with this Code and state statute. C. The Director's report may include a recommeEidation for final action. Sec. 3.27.050. Final Action. Following notice in accordance with Section 3.03, the City Council shall hold a public hearing in accordance with its rules and state law and consider the Courthouse View Waiver, Directo_ Cs_rep_ort, compliance with this _Code, and take final action. A. Approval of a Courthouse View Waiver for property located within the Downtown Overlay District shall require a simple majority vote plus_one additional vote of approval of the members present. (Supp. No. 10) Page 4 of 5 Created: 2022-02-14 08:47:17 [EST] B. Approval of a Courthouse View Waiver for all other property located outside of the Downtown Overlay District shall require a simple majority vote of the members present. Sec. 3.27.060. Approval Criteria. A Courthouse View Waiver may be approved, conditionally approved, or disapproved. The foltowina factors are reouired for approval: A. The existence of specific site opportunities or constraints. B. The proposed waiver furthers goals of the comprehensive plan, and any applicable small area plans, specific to the location of the property and furthers a specific implementation_stepfs) of the comprehensive plan. C. The waiver is not contrary to the public interest. D. The request for a waiver creates a building height that is in scale with conforming uses of nearby property and with the character of the neighborhood. When properties are located in a Historic Overlay District the development has undergone a conceptual review by the Historic and Architectural Review Committee LHARC] with general_support for the building massing and form. (Supp. No. 10) Page 5 of 5 Created: 2022-02-14 08:47:20 [EST] - UNIFIED DEVELOPMENT CODE Chapter 4 -ZONING DISTRICTS SECTION 4.10. COURTHOUSE VIEW PROTECTION OVERLAY DISTRICT SECTION 4.10. COURTHOUSE VIEW PROTECTION OVERLAY DISTRicr Sec. 4.10.010. Purpose and Intent. The Williamson County Courthouse provides a cultural, symbolic, and historic resource unique to the City. Residents, visitors, and the traveling public currently enjoy broad views of the Courthouse Dome from several corridors. The purpose of this section is to ensure that future development along the identified view corridors does not lead to the loss of the views of the Courthouse Dome. It is the intent that these broad views be protected, to the extent feasible, by means of careful siting of buildings and with consideration given to how the overall height of buildings impact those views. Compliance with the requirements of this section will be verified during the Site Plan process. (Ord. No. 2015-34, § 2(Exh. A), 5-12-2015) Sec. 4.10.020. Applicability. Where Site Plan review is required in accordance with Section 3.09, the Courthouse View Protection Overlay shall be applied to all properties within the view corridors listed below. The areas within the corridors listed below are not exact and are depicted graphically on the Courthouse View Protection Overlay District Map. The Planning and Development Department shall confirm applicability at a parcel level. 'Editor's note(s)—Ord. No. 2015-34, § 2(Exh. A), adopted May 12, 2015, repealed the former Section 4.10, §§ 4.10.010, 4.10.020 in its entirety, which pertained to the Historic Overlay District, and derived from original codification. Subsequently, said ordinance redesignated the provisions of former Section 4.12, §§ 4.12.010- 4.12.040 as Section 4.10, §§ 4.10.010-4.10.040. Georgetown, Texas, Unified Development Code (Supp. No. 10) Page 1 of 4 Created: 2022-02-14 08:47:29 [EST] If- r COURTXOiISE VIEW PROTECTION OVERLAY OISTRICT This map is available for viewing at the Planning and Development Department or as a downloadable map at http://www.georgetown.org/maps.overview.php. A. 1-35 View Corridor. 1.Properties located in the shaded areas between the Williamson County Courthouse, the western (southbound) lanes of 1-35 south of Northwest Boulevard beginning at 393 North I.H. 35 to the intersection at State Highway 29 (University Avenue), and 2.Properties lying within the protected view corridor along I.H.-35 from the State Spur 26 (Austin Avenue) Overpass to the Courthouse Dome. B. Austin Avenue View Corridor. 1.Properties within the protected view corridor projecting north from the Williamson County Courthouse to State Spur 158 (Austin Avenue) at F.M. 971 and continuing north to County Road 151 the width of the State Spur 158 (Austin Avenue) right-of-way, and 2.The Austin Avenue entrances to the downtown area from University Avenue north to the Williamson County Courthouse and from Spring Street south to the Williamson County Courthouse. (Ord. No. 2015-34, § 2(Exh. A), 5-12-2015) Sec. 4.10.030. Maximum Height Determination Required. All properties are permitted to build a structure of a single story, which is designed to minimize the impact on the protected view. All other structures proposed within the view corridors may not exceed the height of the plane delineating the corridor as determined by the height calculation formula in Section 4.10.030.C.3. below. The maximum height permitted is the lesser of either the base zoning district maximum height or the maximum height permitted in this section. A. Application for Height Determination. (Supp. No. 10) Page 2 of 4 Created: 2022-02-14 08:47:29 [EST] Prior to Site Plan application, properties within the Courthouse View Protection Overlay District proposing to build a new structure or expand an existing structure shall submit an application for height determination to establish the requirements of this district as they may relate to a specific property. An application form shall be submitted including the required calculations showing the elevations of the review site, view point, proposed height of building, and distances from view point to review site to the Courthouse, which establishes the allowable height according to the height calculation formula. An aerial map of the proposed site and Courthouse and view point elevations may be obtained from the City. For specific definitions of the terms of this section, refer to Chapter 16 of this Code. B. Elevation Study Required. As part of the height determination review, sites that lie within the Courthouse View Protection Overlay District shall be required to submit an elevation study illustrating the potential impact of all buildings in the project on the protected view of the Williamson County Courthouse Dome. C. Review Elements. Review of the application for height determination and associated elevation study shall consider the following elements: 1.Height. Within the Courthouse View Protection Overlay District, structure height shall be limited to avoid blocking the view to the Williamson County Courthouse Dome. Examples of design techniques to meet this requirement include: a. Overall reduction of height; and Stepping back the building height. 21ocation. Within the Courthouse View Protection Overlay District, structures shall be located to minimize the possible impact on the view to the Williamson County Courthouse Dome. Location of parking as it relates to the building shall be designed to best preserve the view of the Courthouse. Examples of techniques to avoid location impacts include: Relocation of building on the site outside the view corridor; and b. Cutting off building corners. 3. Height Calculation Formula. The height calculation formula is used to determine structure height for projects within the Courthouse View Protection Overlay District. An example of the formula can be found in the Development Manual. The height calculation formula is as follows: • Tan of angle = A/B = E/F (TAN Deg = A/B = E/F) • Tan of angle x F=E (TAN Deg x F=E) ■ E-D=G. • Combined formula (A/B x F) - D = G (allowable height) (Ord. No. 2015-34, § 2(Exh. A), 5-12-2015) (Supp. No. 10) Page 3 of 4 Created: 2022-02-14 08:47:29 [EST] Sec. 4.10.040. Courthouse View Determination. Upon completion of the administrative review and height determination the Director shall make a final determination. The applicant may request a Courthouse View Administrative Exceptionusing the procedures of Section 3.16, if strict application of the provisions of this section would not be consistent with the Purpose of the Overlay District due to unique topographical or physical characteristics of the subject site. In consideration of an Exception, the burden of proof shall be on the applicant to demonstrate that the proposed exception is consistent with the criteria contained in this section. The Director shall consider the following criteria in determining the Administrative Exception: A. Granting the Administrative Exception would not adversely affect any identified public view corridor; and B. Granting the Administrative Exception would be in the public interest and consistent with the Purpose of the Overlay District. (Ord. No. 2015-34, § 2(Exh. A), 5-12-2015) Sec. 4.10.050 Courthouse View Corridor Waiver Upon completion of the administrative review and height determination the Director shall make a final determination. The applicant_may request_relief _fromthe _mguirernents of the Courthouse View Corridor using the procedures of 3.27 (Supp. No. 10) Page 4 of 4 Created: 2022-02-14 08:47:29 [EST]