HomeMy WebLinkAboutRES 102814-D - UDC Water Quality EARZRESOLUTION NO. I NIEI9' D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, PURSUANT TO THE CODE OF ORDINANCES OF
GEORGETOWN, TEXAS, RECOMMENDING THE INITIATION OF AN
EXECUTIVE AMENDMENT TO THE UNIFIED DEVELOPMENT CODE
("UDC") TO ALLOW FOR FORMAL CODIFICATION OF CERTAIN WATER
QUALITY STANDARDS FOR PROPERTY LOCATED OVER THE
EDWARDS AQUIFER RECHARGE ZONE ("EARZ") WITHIN THE CITY
LIMITS AND ITS EXTRATERRITORIAL JURISDICTION ("ETJ" ), AND
SUBSEQUENT REPEAL OF ORDINANCE 2013-59 ADOPTED DECEMBER
20, 2013; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, on December 20, 2013, the City Council of the City of Georgetown, Texas,
adopted Ordinance 2013-59, establishing additional requirements for property located over the
Edwards Aquifer Recharge Zone ("EARZ") within the City limits and its Extraterritorial
Jurisdiction ("ETJ") to safeguard the stream and spring formations of the EARZ, and protect
water quality ("Water Quality Regulations"); and
WHEREAS, Ordinance 2013-59 established no -disturbance and minimal disturbance
zones around Georgetown Salamander habitat sites identified by the United States Fish and
Wildlife Service ("USFWS") and buffer zones around all springs and streams, as well as
improved water quality by increasing the percentage of total suspended solids removal from
80% to 85%; and
WHEREAS, on February 24, 2014, the USFWS listed the Georgetown Salamander as a
threatened species; and
WHEREAS, USFWS is currently in the process of developing a 4(d) special Rule that
will be attached to the threatened listing and is expected to be finalized by the end of calendar
year 2014; and
WHEREAS, it is the intent of the USFWS to incorporate the City's Water Quality
Regulations pertaining to the identified habitat sites into the proposed 4(d) special Rule; and
WHEREAS, Chapter 83 of the Texas Parks and Wildlife Code limits government entities
from imposing rules and regulations that are related to endangered species, thus limiting the
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WATER QUALITY REGULATIONS FOR THE EARZ
City's ability to enforce the sections of the Ordinance pertaining to the identified habitat sites;
and
WHEREAS, the City wishes to continue to protect water quality for properties located
over the EARZ within its jurisdiction in accordance with State Law; and
WHEREAS, the City Council established a Unified Development Code Advisory
Committee on November 12, 2013, to review proposed or requested amendments to the Unified
Development Code ("UDC") other than executive amendments which are those amendments
that are nondiscretionary, mandatory, or legislative revisions to address state statutes or
case laws, ratify published directors determinations, incorporate recently approved Council
ordinances, process City Co-uncil designated emergency items, or address revisions otherwise
determined necessary by legal counsel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1: The facts and recitations contained in the preamble of this resolution 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
resolution implements the City of Georgetown 2030 Comprehensive Plan.
SECTION 2: City Council hereby designates amendments to the UDC relative to certain water
quality standards for property located over the EARZ within its jurisdiction, and subsequent
repeal of Ordinance 2013-59, as a legislative revision to address state statutes.
SECTION 3: The Mayor is hereby authorized to execute, and the City Secretary to attest this
Resolution.
SECTION 4: This resolution shall become effective immediately upon adoption.
RESOLVED this a day of (7 C Tos , - 2014.
Dale Ross, Mayor
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WATER QUALITY REGULATIONS FOR THE EARZ
ATTEST:
Jes is Brettle, City Secretary
APPROVED AS TO FORM:
By: l
Bridget Chapman, City Attorney
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WATER QUALITY REGULATIONS FOR THE EARZ