HomeMy WebLinkAboutAgenda UDCAC 09.12.2018Notice of Meeting for the
Unified Dev elopment Code Adv isory Committee
of the City of Georgetown
September 12, 2018 at 3:00 PM
at Historic Light and Waterworks Building located at 406 W. 8th Street Georgetown,
TX 78626
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Regular Session
(This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose
authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.)
A Call to Ord er
Legislativ e Regular Agenda
B Pres entatio n and d is cus s io n regarding propos ed changes to S ectio n 6.06, C o mmo n Amenity Area,
Sectio n 8.02, Tree P res ervatio n and Protec tion, and Sec tion 13.08, Parkland , o f the Unified Development
Co d e (UDC) regarding Parkland Dedic atio n req uirements (Amend ment No. 3). Kimberly Garret, Parks
and Recreation Directo r, and And reina Dávila-Quintero , AICP, Current Planning Manager.
C Up d ate on the 2018 UDC Annual Review Plan, Sc hedule and Next Step s . Andreina Dávila-Quintero ,
AICP, Current Planning Manager
Adjournment
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 1 of 12
City of Georgetown, Texas
Unified Development Code Advisory Committee
September 12, 2018
SUBJECT:
Presentatio n and dis c us sion regard ing propo s ed c hanges to Sec tion 6.06, Common Amenity Area, Section
8.02, Tree Pres ervatio n and Protectio n, and Sec tion 13.08, Parkland, of the Unified Development Code
(UDC) regard ing P arkland Ded icatio n req uirements (Amendment No. 3). Kimb erly Garret, P arks and
Rec reation Direc tor, and Andreina Dávila-Quintero, AICP, Current Planning Manager.
ITEM SUMMARY:
Parkland d edic ation is o ne o f the many stand ard s a municipality may imp os e fo r all res id ential sub d ivisions
and d evelopment of land within its juris d iction to promote the health, safety, morals , or general welfare, as
well as the s afe, orderly, and healthful d evelo p ment of the munic ip ality. This is ac complished by ens uring
that new resid ential develo p ment is ad eq uately s erved by essential p ublic fac ilities and services, includ ing
p ark and recreational fac ilities. Development s eeking or req uiring p ublic fac ilities mus t b e in ac cordance
with the Co mprehens ive P lan, to includ e the P arks Mas ter Plan and Regional Trail Mas ter Plan, and meet
the minimum s tandards o f the Unified Develo p ment C o d e (UDC).
To continue with thes e goals and p o licies, the C ity C o uncil d irected staff to review and up d ate the UDC’s
s tand ard s and c urrent parkland d ed icatio n requirements as p art o f the 2016 and 2018 UDC Annual Review
p ro cesses. The p urpos e o f this amendment is to inc o rp o rate needed changes and recommend ations from
the Parks and R ec reatio n Ad visory Board to ens ure cons is tency with the Parks Mas ter Plan.
Proposed Amendments:
Proposed changes to the UDC includ e an inc reas e in the fee in lieu of p arkland d ed icatio n fee to reflec t real
land values ; inc lus io n o f a p ark imp ro vement fee s o that the cost of b uilding the p ark is on the res id ential
d eveloper rather than the City; and allo wing partial c red it fo r private neighbo rhood p arks meeting certain
criteria. Attachment 1 o utlines a summary of the proposed UDC amendments .
The p urpose of this item is to continue the d is c us s io n fro m the August 8, 2018 UDC Ad visory Co mmittee
meeting o n the p ro p o s ed amend ments to the UDC , which are s ummarized in Attac hment 1 and d rafted in
Attac hment 2.
FINANCIAL IMPACT:
None studied at this time.
SUBMITTED BY:
And reina Dávila-Quintero , AICP, Current Planning Manager
ATTACHMENTS:
Description Type
Attachment 1 - Summary of Propos ed Amendments revis ed Backup Material
Attachment 2 - Propos ed Amendment to UDC regarding Parkland
requirements
Backup Material
Page 2 of 12
Summary of proposed changes to Parkland Dedication Requirements (UDC Section 13.08)
As of September 5, 2018
UDC Section General Topic Requirement Current UDC
Requirement Proposed UDC Change
13.08 Parkland
Dedication
Parkland Fee in lieu
of land dedication
$200/unit for MF
$250/unit for SF
$500 per unit for both SF and
MF
13.08 Parkland
Dedication
Parkland
Improvement Fee
Not Applicable SF - $1,500 per unit or install
improvements.
MF – Fee to be determined
based on gross density.
13.08 Parkland
Dedication
Private Park Credit Not Applicable Up to 50% credit provided
certain criteria are met.
13.08 Parkland
Dedication
Design Standards Parkland may not be
accepted when:
• Accessed primarily by
cul de sac
• Encumbered by utility
easements
• Encumbered by sensitive
environmental features
13.08 Parkland
Dedication
Park Benefit Zones 19 zones 4 benefit zones – direct
benefit to service area or
used in a community or
regional park
13.08 Parkland
Dedication
Floodplain Along SG River –
partial fulfilment –
could be 99%
All others – up to
50%
Up to 50%, with at least 2
acres out of floodplain –
must have 200 feet of street
frontage
13.08 Parkland
Dedication
Parkland Fund Expend funds in 5
years
Expend funds in 10 years
13.08 Parkland
Dedication
Dedication of
parkland
City required to
accept parkland if
over 3 acres
City – 3 acres or more, must
dedicate land
2-3 acres, option to ace
Less than 2 acres, fee in lieu.
ETJ – fee in lieu
13.08 Parkland
Dedication
Parkland Approval Parks Board
recommends to P&Z
and City Council
Meets requirements, the
Director can approve. Add
language consistent with
current practice.
Appeal decision to Parks
Board.
Page 3 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 1 of 8
Deleted language is strikethrough
SECTION 6.06. - COMMON AMENITY AREA
Sec. 6.06.010. - Applicability.
The provisions of this Section apply to:
A. Townhouses;
B. Attached or detached multifamily development;
CB. Manufactured housing parks; and
DC. Any development type where more than two dwelling units are located on the same parcel.
***
***
SECTION 8.02. - TREE PRESERVATION AND PROTECTION
***
Sec. 8.02.050. - Tree Preservation Incentives and Priorities.
A. Tree Preservation Incentives.
***
2. Parkland Dedication Credit.
The pParkland dedication requirement, detailed in Section 13.0513.08 of this Code, may
be reduced if a Heritage Tree is saved within the dedicated Pparkland arealot, subject to
approval by the Parks and Recreation Director. The pParkland dedication credit will be a
15-dwelling unit reduction in the number of units used to calculate the pParkland
dedication requirement for each Heritage Tree saved within the pParkland lot. Heritage
Ttrees counted towards this credit shall have their entire CRZ located within the
pParkland arealot. Heritage Trees within the 100-year FEMA or calculated floodplain do
not count toward this credit.
***
***
SECTION 13.08. – PARKLAND
Note: Section 13.08, Parkland, is being revised in its entirety and replaced with a new Section 13.08,
Parkland.
Page 4 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 2 of 8
Deleted language is strikethrough
Sec. 13.08.010. - Purpose
The purpose of this Section is to provide parks, open spaces, and trails that implement the
Georgetown Parks, Recreation and Trails Master Plan. The Georgetown City Council has
determined that parks, open spaces and trails are necessary and in the public welfare, and that
the adequate procedure to provide for same is by integrating standards into the procedures for
planning and developing property.
Sec. 13.08.020. - Applicability
The provisions of this section shall apply to the development of a tract of land for any residential
use of five (5) or more lots or dwelling units within the city limits and the extraterritorial
jurisdiction (ETJ). For the purposes of this Section, lots and dwelling units are interchangeable for
determining the Parkland dedication requirements.
Sec. 13.08.030. - Requirements for Parkland Dedication
A. Dedication of Public Parkland Required.
1. A developer of a tract of land for residential use of five (5) or more lots shall set aside and
dedicate to the public sufficient and suitable land for the purpose of public Parkland.
2. The acreage of Public Parkland required shall be equal to one (1) acre for each fifty (50)
dwelling units, or fraction thereof.
3. The land to be dedicated shall form a single lot with a minimum area of three (3) acres.
4. Exemptions.
a. When two (2) or more acres of land would be required to satisfy the Public
Parkland dedication requirements, the Parks and Recreation Director may
approve parkland less than three (3) acres if it is determined that it would be in
the public interest, and/or accept a financial contribution in lieu of dedication of
public Parkland to meet the dedication requirements of this Section.
b. A developer shall make a financial contribution in lieu of dedication of public
Parkland when:
i. The tract of land is located completely within the ETJ.
ii. A developer proposes to develop one hundred (100) or fewer lots and where
no future phasing is proposed.
Page 5 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 3 of 8
Deleted language is strikethrough
iii. Less than two (2) acres of land would be required to satisfy the Parkland
dedication requirements.
c. The rate required for the financial contribution shall be in accordance with the
adopted fee schedule. The fee shall be reviewed on annual basis to ensure accuracy
and value.
C. Park Development Fee
1. In addition to the dedication of Public Parkland or fee-in-lieu, a developer shall pay a Park
Development Fee to ensure that the public Parkland will be sufficiently developed for
park use.
2. The amount for the Park Development Fee shall be in accordance with the adopted fee
schedule and based on the level of service for the public Parkland.
3. Exemptions.
a. The Parks and Recreation Director may consider a proposal from an applicant to
construct recreational amenities on Public Parkland in lieu of paying, in whole or
in part, the Park Development Fee.
b. Recreational amenities shall include four (4) or more of the following facilities:
i. Age appropriate playground equipment with adequate safety surfacing
around the playground.
ii. Unlighted practice fields for baseball, softball, soccer, and football.
iii. Unlighted tennis courts.
iv. Lighted or unlighted multi-purpose courts for basketball and volleyball.
v. Active areas for unorganized play.
vi. Picnic areas with benches, picnic tables and cooking grills.
vii. Shaded pavilions and gazebos.
viii. Jogging and exercise trails.
Page 6 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 4 of 8
Deleted language is strikethrough
c. When construction of recreational amenities is proposed, all recreational amenities
shall comply with the Parks Master Plan, Section 13.08.040, and applicable City
regulations.
D. Credit for Private Parks
1. Where privately-owned and maintained parks or other recreational facilities with non-
exclusive private amenities are proposed for a single-family, two-family, townhome, or
detached multi-family residential subdivision, the Parks and Recreation Board, after
recommendation from the Parks and Recreation Director, may grant a credit of up to fifty
percent (50%) of the required Public Parkland dedication and Park Development Fee.
2. Privately-owned and maintained parks or other recreational facilities shall meet the
following minimum standards:
a. The park or recreational facility shall have a minimum lot area of two (2) acres; and
b. The park or recreational facility shall include two (2) or more of the facilities outlined
in subsection 13.08.030.C; and
c. The park or recreational facility shall comply with the Parks Master Plan, subsection
13.08.040, and other applicable City regulations.
3. Privately-owned and maintained parks or other recreational facilities for a single-family,
two-family, or townhome subdivision shall be identified on the Subdivision Plat as a
private open space lot.
4. Privately-owned parks or recreational facilities shall be owned and managed by a
mandatory Homeowners Association (HOA), or similar permanent agency, and subject
to restrictive covenants that state the following:
a. The land shall be utilized for Parkland or open space in perpetuity.
b. Each property owner within the subdivision encumbered by the restrictive covenants
shall be required to pay dues and/or special assessments for the maintenance of the
private park or recreational facility.
c. If the responsible agency dissolves, cannot fulfill its obligations or elects to sell,
transfer or otherwise divest itself of the land, the City shall have the right of first
refusal on acquiring the property. If the City elects to acquire the land, said land shall
be transferred at no cost to the City and in accordance with Section 13.08.050, Method
of Dedicating Parkland, below.
Page 7 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 5 of 8
Deleted language is strikethrough
d. The cessation of the privately-owned park or recreational facility shall be prohibited
until such time as the declarant cedes control of the responsible agency to purchasers
of properties within the subdivision, and then only upon amendment to the restrictive
covenants approved by ¾ of the members of the responsible agency.
E. Credit for Heritage Trees
The parkland dedication requirement may be reduced if a Heritage Tree is saved within the
dedicated Parkland lot in accordance with Section 8.02.050.A.2 of this Code; however, in no
circumstance shall the required Parkland lot be less than three (3) acres.
Sec. 13.08.040. – Location, Site and Development Standards for Public Parkland.
A. Any land to be dedicated to meet the requirements of this Section shall be suitable for public
parks and recreational activities as determined by the Parks and Recreation Director, and
comply the following standards and requirements:
1. The Parkland lot shall be centrally located within the development, when practicable.
Where existing or accepted public Parkland is located adjacent to the development, the
Parkland lot may abut the existing or accepted public Parkland provided it results in the
creation of a larger park as approved by the Parks and Recreation Director.
2. In unique circumstances, as approved by the Parks and Recreation Director, a developer
may propose dedication of land located outside the development boundary to meet the
provisions of this Section. In this event, the land proposed to be dedicated shall be located
within the same Benefit Zone as the development, and the value of the land shall be equal
to the land or fee-in-lieu of land that would be dedicated within the development.
3. Where a residential subdivision is proposed to be developed in phases, the Parkland lot
shall be located within the first phase of the development. When the required public
Parkland is not included in the first phase, the first phase may be approved provided that
fee-in-lieu of dedication is paid for the number of lots within that phase. In this event, the
fee paid may be credited towards the required Park Development Fee for the subsequent
phase(s) of the development.
4. The Parkland lot shall have a minimum lot width and street frontage of two hundred (200)
feet. When practicable, the Parkland lot shall be a corner or multi-frontage lot with a
minimum street frontage of two hundred (200) feet on two (2) streets.
5. The Parkland lot shall only be located along street(s) where on-street parking may be
accommodated on both sides of the street.
Page 8 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 6 of 8
Deleted language is strikethrough
6. A minimum of fifty percent (50%) of the Parkland lot shall not exceed a twenty percent
(20%) grade. A slope analysis exhibit shall be provided to the Parks and Recreation
Director.
7. Areas within the FEMA or calculated 100-year floodplain may be dedicated in partial
fulfillment of the dedication requirement not to exceed fifty percent (50%). When area
within the floodplain is proposed to be dedicated, a minimum of two (2) acres of land,
with a minimum width of one hundred (100) feet, shall be located outside the floodplain
to satisfy the Parkland dedication requirements.
8. Parkland lots with the following conditions shall not be accepted unless approved by the
Parks and Recreation Board:
a. The lot is primarily accessed by a cul-de-sac.
b. The lot is hindered by utility easements or similar encumbrances that make
development of the land unfeasible. This does not include required public utility
easements located along the property lines.
c. The lot is encumbered by sensitive environmental species or habitat areas.
d. The lot contains stormwater facilities. Where stormwater facilities are proposed,
stormwater facilities must be designed as a park amenity.
9. Utilities. A minimum of two-inch water service line and six-inch gravity wastewater
service line shall be provided at one of the property lines in a location approved by the
Parks and Recreation Director.
10. Access. Sidewalks in accordance with Section 12.07 of this Code shall be provided along
all street frontages.
B. Alternative Site and Development Standards
1. Alternative design standards for public Parkland may be proposed and submitted to the
Parks and Recreation Director, provided the intent of the requirements of this Section are
met.
2. Prior to submitting an application for development, the Applicant shall complete the
following:
a. Provide a letter to the Parks and Recreation Director that details the alternative design
for Parkland dedication and why it is equal to or better than the minimum standards;
and
Page 9 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 7 of 8
Deleted language is strikethrough
b. Conduct a site visit with the Parks and Recreation Director to review the proposal.
3. The Parks and Recreation Director shall review the alternative design based on Section
13.08.030, Requirements for Parkland Dedication, and Section 13.08.040, Design Standards
for Parkland, and make a recommendation to the Parks and Recreation Board.
4. The Parks and Recreation Board shall consider the alternative design and approve,
approve with conditions, or deny the request.
5. The applicant may appeal the decision of the Parks and Recreation Board to the City
Council. The decision of the City Council shall be considered final.
13.08.050. Method of Dedicating Parkland
A. Land to be dedicated for public Parkland shall be identified on the Preliminary Plat, Final
Plat, and Subdivision Construction Plans. When construction of recreational amenities and/or
private parks is proposed, all amenities shall be identified on the Site Development Plan.
Fiscal surety in the amount equal to the Park Development Fee shall be provided prior to
approval of Site Development Plan for the recreational amenities on public Parkland.
B. Prior to acceptance of the public Parkland, the following conditions shall be met:
1. Land shall be in good condition, including the removal of all debris and dead plant
materials, and utility services, sidewalks and other public improvements installed. Any
land disturbed by activities not related to park development shall be restored and the soil
stabilized in a method approved by the Parks and Recreation Director in accordance with
the requirements of this Code.
2. Parkland Development Fee shall be paid. When construction of recreational amenities is
approved, recreational amenities shall be constructed and accepted by the City.
C. Prior to recordation of the Final Plat, the following conditions shall be met:
1. Land accepted for dedication under the requirements of this Section shall be conveyed by
warranty deed, transferring the property in fee simple to the City of Georgetown, Texas,
and shall be free and clear of any mortgages or liens at the time of such conveyance.
2. A copy of the warranty deed and other Parkland dedication documents as outlined in the
Development Manual shall be provided to the Parks and Recreation Director.
Page 10 of 12
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Sep. 7, 18
Added language is underlined Page 8 of 8
Deleted language is strikethrough
D. When financial contribution in lieu of dedication of public Parkland is approved as meeting
the requirements of this Section, no Final Plat may be recorded or Site Development Plan
approved, as applicable, until payment has been accepted by the City.
13.08.060. Park Fund Established
A. A separate fund entitled "Park Fund" has been created to hold in trust money paid to be used
solely and exclusively for the purpose of purchasing and/or improving public parks and
recreational lands, and shall not be used for maintaining or operating park facilities or for any
other purpose.
B. Where fees are received in lieu of land dedication, the fees shall be expended on a
neighborhood park located in the Benefit Zone where the development is located. In the event
there is not a suitable neighborhood park within the benefit zone, the fees collected shall be
expended on the closest community park or regional park.
C. The City Council, based upon the recommendations of the Parks and Recreation Board, shall
determine whether there are sufficient funds to acquire public Parkland and/or construct
improvements. In making a determination for the acquisition of land, the conditions of
Section 13.08.040 shall be taken into consideration.
D. Benefit Zones. Funds shall be expended within the eligible Benefit Zones for each park type
as shown in Table 13.08.040.B and Figure 13.08.040.C.
[Insert Table 13.08.040.B Park Types]
[Insert Figure 13.08.040.C Parkland Benefit Zones]
E. Any fees paid in-lieu of the Parkland dedication requirements must be expended by the City
within ten (10) years from the date received. If the City does not expend the fee by the required
deadline, the owners of the property may request a refund in the following manner:
1. The owners of such property must request in writing to the City such refund within one
(1) year of the entitlement or such right shall be waived. Refunds shall be paid by the City
within ninety (90) days of the filing of the request.
2. A refund may only be provided for the unbuilt lots for which a fee-in-lieu of dedication
was paid.
Page 11 of 12
City of Georgetown, Texas
Unified Development Code Advisory Committee
September 12, 2018
SUBJECT:
Update on the 2018 UDC Annual Review Plan, S c hed ule and Next Step s . And reina Dávila-Quintero, AICP,
Current Planning Manager
ITEM SUMMARY:
The p urpose of this item to provid e an up date on the UDC Annual Review P lan, tentative sc hedule and
next s teps. In ad d ition, City Staff and memb ers of the UDCAC will disc uss the tas ks identified at the
p revious meeting, as well as new tasks to be c o mp leted fo r the next meeting. Feedbac k and informatio n
received on eac h tas k will b e incorporated when related UDC topic s are s cheduled and presented fo r
d is cus s io n.
FINANCIAL IMPACT:
None at this time.
SUBMITTED BY:
And reina Dávila-Quintero , AICP, Current Planning Manager
Page 12 of 12