EXECUTIVE SUMMARY 04/06/2017

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1 AGENDA ITEM #22 EXECUTIVE SUMMARY 04/06/2017 COUNCIL AGENDA SUBJECT: Discuss and consider the Second Reading of an Ordinance regarding 16-OR-006a amending the Leander Code of Ordinances, Chapter 14, Zoning, Article 14.02, Zoning Ordinance, by adopting streetscape standards, updating lot size requirements, and related matters, Leander, Williamson and Travis Counties, Texas; providing a savings clause; providing a severability clause; and providing an effective date. BACKGROUND: This request is the second step in the ordinance amendment process. The Comprehensive Plan was adopted on October 15, 2015 and included goals related to the Composite Zoning Ordinance as part of the action plan. The purpose in this amendment is to incorporate the policies that were adopted as part of the Comprehensive Plan. These amendments include: Adopt streetscape standards including street trees and coordinated landscape plans to enhance Leander s public spaces to create and link destinations. Modify garage access standards for smaller lot subdivisions to enhance streetscapes. Update use components to provide lot size maximums in order to require a mixture of housing types within neighborhoods and encourage higher density residential closest to the intersections of major roadways. Identify criteria for lots to be serviced by on-site sewage treatment systems to support the plan for complete utility extension and oversizing projects. Add compatibility standards for commercial developments adjacent to residential neighborhoods. Staff conducted two (2) joint work sessions with the Planning & Zoning Commission and City Council on March 03, 2016 and September 15, Staff also conducted three (3) work sessions with the Planning & Zoning Commission on July 28, 2016, December 08, 2016, and December 22, 2016 to discuss the proposed changes. Staff also met with the Leander Chamber Real Estate Advisory Committee and HBA to discuss the proposed amendments. Based on the results of these meetings, staff is proposing the adoption of the attached ordinance.

2 AGENDA ITEM #22 RECOMMENDATION: Staff recommends approval of the ordinance amendments. The Planning & Zoning Commission unanimously recommended approval of the ordinance amendments at the January 26, 2017 meeting with the following conditions: 1. Add a definition for building envelope to clarify alley requirements. 2. Update Article VIII, Section 5 (j) (3) to require that the percentage of the garage mixture is calculated based on the preliminary plat instead of the final plat. 3. Update the Lot Size Summary Table included in Article III, Section 18 to add N/A to the maximum lot width column associated with Tiny Houses. At the February 16, 2017 meeting, the City Council voted to remove the provisions in Article VIII, Section 5(j)(3) regarding the percentage of street-facing, front-loaded garages in the SFC, SFU and SFS districts and to exclude all revisions related to limiting the location of lots that may be served by on-site septic systems until the Council could conduct a work session on March 2, This first reading of the ordinance will include the modification to those sections as determined during the work session. The proposed language regarding the garage placement is the result of a meeting between staff and the HBA on February 21, The second reading of this ordinance was updated to include the following at the March 16, 2017 meeting: Remove the paint color for the garage doors Remove the alternative paving materials for driveways Update the lot mix requirements The ordinance was updated to also include the Setback Table. The way the previous ordinance was worded could possibly be interpreted to delete the paving, aisle, loading, canopy, outdoor display, and outdoor storage setback. This portion of the ordinance clarifies the action in this ordinance since it is all part of the same proceedings. The City Council delayed the second reading of the ordinance to the April 6, 2017 meeting in order to allow staff time to prepare a definition for buildable area to be incorporated in to the ordinance. ATTACHMENTS: 1. Proposed Amendments 2. Ordinance PREPARED BY: Tom Yantis, AICP Assistant City Manager 03/20/2017

3 COMPOSITE ZONING ORDINANCE AMENDMENTS ARTICLE III USE COMPONENTS SECTION 1: SFR SINGLE-FAMILY RURAL (a) Statement of Intent The Single-Family Rural use component is intended for the development of singlefamily detached dwellings on lots one acre or larger in size and for other uses that are compatible and complimentary to large lot and very low density residential development. The purpose of this component is to provide regulations to preserve rural character and maintain and protect the City's single-family residences and neighborhoods in an area with larger lot sizes. This component is also intended to preserve the larger tracts of land for future economic development in accordance with the Comprehensive Plan, while permitting rural/agricultural uses on the land to continue. In addition, this use component is appropriate for areas where sewer is not feasible due to areas with steep topography, floodplain, or other natural features, including areas within the LCRA jurisdiction that are marked by steeper slopes and where there are strict regulations on wastewater discharge. ARTICLE VI SITE STANDARDS SECTION 6: SETBACKS (a) The purpose of this section is to provide for building, paving, and outdoor storage setbacks. The setback table incorporates setback requirements by street types in order to identify parking lot locations. The street types range from A Street which is the most pedestrian oriented to C Streets which is the least pedestrian oriented. Building / Structure and Site Improvements: BUILDING / STRUCTURE SINGLE-FAMILY RESIDENTIAL DISTRICTS Use Architectural Component Component Front Side Street Side Rear SFR 25' 7' 15' 15' SFE, SFS, SFU, 20' 5' 15' 15' SFU/MH, TF Standard Setback SFC, SFL 15' * 5' or 0 & 15' 15' 10 CH***** Garage Setback TH 10 * SFT 10' * SFR, SFE, SFS, SFU, SFU/MH. SFC. SFL, CH, SFT, TF 0 or 10' See Article VIII, Section 5 (i) 15' 15' Added Text, Removed Text, Change Made after 03/02 1

4 NON-RESIDENTIAL & MULTI-FAMILY DISTRICTS A Street B Street All Other Streets Special Setback Where Adjacent to SFR, SFE, SFS, SFU, SFC, SFL, SFU/MH, CH, TH, TF** Standard Setback Special Setback Where Adjacent to SF or TF** Standard Setback Special Setback Where Adjacent to SF or TF** Use Component Architectural Component Max Front Min Front Min Side Min Street Side Max Street Side Min Rear NR Type A, B MF Type A ' Type B ' LO, LC, GC, Type A, B ' HC, HI Type C ' GC, HC, HI Type D ' NR Type A, B MF Type A, B ' LO, LC, GC, Type A, B ' HC, HI Type C ' GC, HC, HI Type D ' NR Type A, B 15 * MF LO, LC, GC, HC, HI Type A 20' 10' 20' 20' Type B 25' 10' 25' 20' Type A, B 15' 10' 15' 10' Type C 20' 10' 20' 10' GC, HC, HI Type D 25' 15' 25' 15' MF, LO, LC, GC, HC, HI LO, LC, GC, HC, HI Type A (NA) 20' (N/A) 20' Type B (NA) 25' (N/A) 25' Type C (NA) 30' (N/A) 30' GC, HC, HI Type D (NA) 50' (N/A) 50' PARKING, AISLE, LOADING, CANOPIES, OUTDOOR DISPLAY Use Site Street Front Side Rear Component Component Side MF All 20' 5'**** 20' 5'**** Type 1, 2 15' 5'**** 15' 5'**** LO, LC, GC, Type 3 20' 5'**** 20' 5'**** HC, HI Type 4, 5 25' 5'**** 25' 5'**** MF, LO, LC, GC, HC, HI Use Component LO, LC, GC, HC, HI LO, LC, GC, HC, HI Type 1-3 (N/A) 15' (N/A) 15' Type 4, 5 (N/A) 20' (N/A) 20' OUTDOOR STORAGE Site Street Front Side Component Side Rear Type 3-4 *** 5'**** *** 0' Type 5 25' 0'**** 25' 0' Type 3-5 (N/A) 25' (N/A) 25' * In no case shall the garage be closer to the ROW than 18 ** Unless such district is utilized for a non-residential use *** No closer than the street facing wall of the primary structure that utilizes such storage. **** Setback does not apply for parking, drive aisles, storage etc. that are intended to cross lot line. ***** Setbacks are for the perimeter of the project, not the individual units. Added Text, Removed Text, Change Made after 03/02 2

5 ARTICLE VIII - ARCHITECTURAL STANDARDS SECTION 5: MASONRY AND OTHER ARCHITECTURAL STANDARDS **** (j) Residential dwelling street-facing garage standards. To prevent residential streetscapes from being dominated by garage doors, and to allow the visually interesting features of the house to dominate the streetscape, the following standards shall apply: (1) All residential dwellings in the CH, SFL and SFT districts and on any lot or building envelope less than fifty (50) feet wide shall provide access to garages from a rear alley. (2) All garages and parking areas in NR districts shall be accessed from a rear alley or located behind the primary structure. (3) Three car garages in the SFC, SFU and SFS districts may only have two (2) street facing garage bay openings. (4) No residential dwellings within the SFR districts shall have front entry, street facing garages forward of the front wall of the primary structure. (5) Street facing garage doors shall be painted the same color as the primary facade color of the house unless the door is a natural or synthetic wood door. (6) Residential dwellings with three or more garage bay openings doors in the SFC, SFU and SFS districts must utilize an alternative driveway paving material such as exposed aggregate, tinted concrete, brick pavers or similar surface material as approved by the Director of Planning. (7)(5) Residential driveway width within the right-of-way is limited to eighteen (18) feet. (8)(6) No more than two (2) street facing garage bays may be adjacent to each other on attached dwellings such as duplexes and townhouses. (9)(7) Except as provided for in this subsection, street-facing garages must be recessed at least five (5) feet behind the ground floor living area of the dwelling or a roofcovered porch that is at least seven (7) feet wide by six (6) feet deep. (10)(8) The total width of the garage door openings of a garage with street-facing doors shall be no more than fifty (50) percent of the ground floor street-facing linear building frontage. (11)(9) Street-facing garages that have a total garage door opening width that is less than forty (40) percent of the ground floor street-facing linear building frontage width, may be in-line with the ground floor living area or roof-covered porch that is at least seven (7) feet wide by six (6) feet deep. (12)(10) Street-facing garages that have a total garage door opening width of less than forty (40) percent of the ground floor street-facing linear building frontage width and that incorporate enhanced architectural features as described in this section, may protrude up to five (5) feet in front of the ground floor living area of the dwelling or roof-covered porch that is at least seven (7) feet wide by six (6) feet deep, but in no case shall the garage be setback from the street less than the minimum setback for the zoning district. (13)(11) For garages that meet the standards of subsection (911) and where the site topography (typically slopes greater than 10% or for other similar topography as allowed by the Planning Director) requires stairs from the garage into the living space, the garage may protrude up to eight (8) feet in front of the ground floor living area of the dwelling or roof-covered porch that is at least seven (7) feet wide by six (6) feet deep, but in no case shall the garage be setback from the street less than the minimum building setback for the zoning district. (14)(12) The Planning Director may approve garage placement that does not meet the standards of this section in the case of unique site conditions including the existence of significant trees, extreme topography and similar natural features. (15)(13) For the purposes of this subsection, enhanced architectural features shall include: Added Text, Removed Text, Change Made after 03/02 3

6 a. Architectural garage doors that are painted to match the color scheme of the house and include decorative hardware; or b. Doors that have a natural wood appearance; and c. Both a. and b. above must also be combined with at least one of the following features: (i) a garage door recess of at least two (2) feet; (ii) a roof overhang over the garage doors with supporting architectural (iii) columns that extends at least two (2) feet in front of the garage doors; or any similar architectural feature, approved by the Planning Director, that diminishes the prominence of the garage doors on the street-facing building facade. (16)(14) Garages accessed from rear alleys are exempt from the standards of this section. (17)(15) Second or higher floor living areas do not count toward the measurement of ground floor street-facing linear building frontage. (18)(16) The following residential lot mix requirements shall apply to all new residential subdivisions except those served by on-site sewage treatment systems. For the purposes of this section, net acres shall mean the total acres of the subdivision minus the required parkland. In addition, three (3) car garages with only one (1) street facing garage bay do not count as street facing garages for the purposes of this section. a. Subdivisions between zero (0) and thirty (30) net acres shall not have a specific residential lot mix requirement. a.b. Subdivisions greater than thirty (30) and less than sixty (60) ninety (90) net acres shall include at least two (2) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision with the following limitations related to street facing, front entry garages: (i) (ii) (iii) SFC (Single-Family Compact): no percentage restriction SFU (Single-Family Urban): no more than eighty (80%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. SFS (Single-Family Suburban): no more than seventy (70%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (iv) SFE (Single-Family Estate): no more than sixty (60%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. b.c. Subdivisions greater than sixty (60) ninety (90) net acres shall include at least three (3) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision with the following limitations related to street facing, front entry garages: (i) (ii) (iii) SFC (Single-Family Compact): no percentage restriction SFU (Single-Family Urban): no more than eighty (80%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. SFS (Single-Family Suburban): no more than seventy (70%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (iv) SFE (Single-Family Estate): no more than sixty (60%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (19)(17) Master Architectural Plan a. The intent of the Master Architectural Plan is to provide for a cohesive development on all four corners at the intersections of arterials and collectors. Added Text, Removed Text, Change Made after 03/02 4

7 This plan should incorporate common elements that evoke a sense of place and have elements that contribute to cohesive identity. b. Development on all four corners of intersections of arterials and collectors shall provide and comply with a Master Architectural Plan that incorporates the following: (i) Exterior building materials used on the exterior of each structure (ii) (iii) Exterior building color palettes Exterior elements of building facades such as wall accents, covered entries, columns, or other features (iv) Other elements as approved by the Director of Planning. c. Development at these intersections shall comply with the plan after the date of the initial submittal of a Master Architectural Plan. d. This plan shall be submitted with the site development permit for the project. The plan may be amended as the intersection develops to incorporate additional standards. Added Text, Removed Text, Change Made after 03/02 5

8 Amending Ordinance AN ORDINANCE OF THE CITY OF LEANDER, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY OF LEANDER, TEXAS AMENDING SECTIONS OF ARTICLE 14.02, THE COMPOSITE ZONING ORDINANCE, TO ADOPT STREETSCAPE STANDARDS, IDENTIFY CRITERIA FOR LOTS TO BE SERVED BY ON-SITE SEWAGE TREATMENT SYSTEMS; UPDATE THE SETBACK TABLE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING SAVINGS, EFFECTIVE DATE AND OPEN MEETINGS CLAUSES, AND PROVIDING FOR RELATED MATTERS. WHEREAS, the City Council of the City of Leander, Texas (the City ) adopted a Comprehensive Plan on October 15, 2015, which included recommendations for establishing a governance structure to achieve the goals and vision of the Comprehensive Plan; WHEREAS, the purpose of this ordinance is to amend the Composite Zoning Ordinance to establish regulations that will implement certain aspects of the Comprehensive Plan related to enhancing public places and creating link destinations, and planning for utility service and expansion; WHEREAS, the Planning & Zoning Commission (the Commission ) held three public work sessions and the City Council and the Commission held two joint public work sessions on proposed changes to zoning regulations to achieve the goals of the Comprehensive Plan; WHEREAS, the Commission held a public hearing on the proposed amendments to Section , Article 14.02, Chapter 14, Leander Code of Ordinances (the Composite Zoning Ordinance ), and forwarded its recommendation on the amendments to the City Council; and WHEREAS, after publishing notice of the public hearing at least fifteen days prior to the date of such hearing, the City Council at a public hearing has considered the proposed amendments and finds that the amendments are reasonable and necessary to protect the health, safety, and welfare of the present and future residents of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEANDER, TEXAS, THAT: SECTION 1. Findings of Fact. The above and foregoing recitals are hereby found to be true and correct and are incorporated herein as findings of fact. SECTION 2. Amendment of Article III, Section 1 (a). Article III, Section 1 (a) of the Composite Zoning Ordinance is hereby amended to read as follows: (a) Statement of Intent The Single-Family Rural use component is intended for the development of single- -1-

9 Amending Ordinance family detached dwellings on lots one acre or larger in size and for other uses that are compatible and complimentary to large lot and very low density residential development. The purpose of this component is to provide regulations to preserve rural character and maintain and protect the City's single-family residences and neighborhoods in an area with larger lot sizes. This component is also intended to preserve the larger tracts of land for future economic development in accordance with the Comprehensive Plan, while permitting rural/agricultural uses on the land to continue. In addition, this use component is appropriate for areas where sewer is not feasible due to steep topography, floodplain, or other natural features, including areas within the LCRA jurisdiction that are marked by steeper slopes and where there are strict regulations on wastewater discharge. SECTION 3. Amendment of Article VIII, Section 5 (j). Article VIII, Section 5 (j) of the Composite Zoning Ordinance is hereby amended to read as follows: (j) Residential dwelling street-facing garage standards. To prevent residential streetscapes from being dominated by garage doors, and to allow the visually interesting features of the house to dominate the streetscape, the following standards shall apply: (1) All residential dwellings in the CH, SFL and SFT districts and on any lot or building envelope less than fifty (50) feet wide shall provide access to garages from a rear alley. (2) All garages and parking areas in NR districts shall be accessed from a rear alley or located behind the primary structure. (3) Three car garages in the SFC, SFU, and SFS districts may only have two (2) street facing garage bay openings. (4) No residential dwellings within the SFR districts shall have front entry, street facing garages forward of the front wall of the primary structure. (5) Street facing garage doors shall be painted the same color as the primary facade color of the house unless the door is a natural or synthetic wood door. (6) Residential dwellings with three or more garage bay openings in the SFC, SFU, and SFS districts must utilize an alternative driveway paving material such as exposed aggregate, tinted concrete, brick pavers or similar surface material as approved by the Director of Planning. (7) Residential driveway width within the right-of-way is limited to eighteen (18) feet. (8) No more than two (2) street facing garage bays may be adjacent to each other on attached dwellings such as duplexes and townhouses. (9) Except as provided for in this subsection, street-facing garages must be recessed at least five (5) feet behind the ground floor living area of the dwelling or a roof-covered porch that is at least seven (7) feet wide by six (6) feet deep. (10) The total width of the garage door openings of a garage with street-facing doors shall be no more than fifty (50) percent of the ground floor street-facing linear building frontage. (11) Street-facing garages that have a total garage door opening width that is less than forty (40) percent of the ground floor street-facing linear building frontage width, may be inline with the ground floor living area or roof-covered porch that is at least seven (7) feet wide by six (6) feet deep. -2-

10 Amending Ordinance (12) Street-facing garages that have a total garage door opening width of less than forty (40) percent of the ground floor street-facing linear building frontage width and that incorporate enhanced architectural features as described in this section, may protrude up to five (5) feet in front of the ground floor living area of the dwelling or roof-covered porch that is at least seven (7) feet wide by six (6) feet deep, but in no case shall the garage be setback from the street less than the minimum setback for the zoning district. (13) For garages that meet the standards of subsection (11) and where the site topography (typically slopes greater than 10% or for other similar topography as allowed by the Planning Director) requires stairs from the garage into the living space, the garage may protrude up to eight (8) feet in front of the ground floor living area of the dwelling or roof-covered porch that is at least seven (7) feet wide by six (6) feet deep, but in no case shall the garage be setback from the street less than the minimum building setback for the zoning district. (14) The Planning Director may approve garage placement that does not meet the standards of this section in the case of unique site conditions including the existence of significant trees, extreme topography and similar natural features. (15) For the purposes of this subsection, enhanced architectural features shall include: a. Architectural garage doors that are painted to match the color scheme of the house and include decorative hardware; or b. Doors that have a natural wood appearance; and c. Both a. and b. above must also be combined with at least one of the following features: (i) (ii) a garage door recess of at least two (2) feet; a roof overhang over the garage doors with supporting architectural columns that extends at least two (2) feet in front of the garage doors; or (iii) any similar architectural feature, approved by the Planning Director, that diminishes the prominence of the garage doors on the street-facing building facade. (16) Garages accessed from rear alleys are exempt from the standards of this section. (17) Second or higher floor living areas do not count toward the measurement of ground floor street-facing linear building frontage. (18) The following residential lot mix requirements shall apply to all new residential subdivisions. For the purposes of this section, net acres shall mean the total acres of the subdivision minus the required parkland. In addition, three (3) car garages with only one (1) street facing garage bay do not count as street facing garages for the purposes of this section. a. Subdivisions between zero (0) and thirty (30) net acres shall not have a specific residential lot mix requirement. b. Subdivisions greater than thirty (30) and less than sixty (60) net acres shall include at least two (2) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision with the following limitations related to street facing, front entry garages: (i) SFC: no percentage restriction -3-

11 Amending Ordinance (ii) SFU: no more than eighty (80%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (iii) SFS: no more than seventy (70%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (iv) SFE: no more than sixty (60%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. c. Subdivisions greater than sixty (60) net acres shall include at least three (3) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision with the following limitations related to street facing, front entry garages: (i) (ii) SFC: no percentage restriction SFU: no more than eighty (80%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (iii) SFS: no more than seventy (70%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (iv) SFE: no more than sixty (60%) percent of the residential dwellings may have front loaded, street facing garages forward of the rear wall of the primary structure. (19) Master Architectural Plan a. The intent of the Master Architectural Plan is to provide for a cohesive development on all four corners at the intersections of arterials and collectors. This plan should incorporate common elements that evoke a sense of place and have elements that contribute to cohesive identity. b. Development on all four corners of intersections of arterials and collectors shall provide and comply with a Master Architectural Plan that incorporates the following: (i) Exterior building materials used on the exterior of each structure. (ii) Exterior building color palettes. (iii) Exterior elements of building facades such as wall accents, covered entries, columns, or other features. (iv) Other elements as approved by the Director of Planning. c. Development at these intersections shall comply with the plan after the date of the initial submittal of a Master Architectural Plan. d. This plan shall be submitted with the site development permit for the project. The plan may be amended as the intersection develops to incorporate additional standards. SECTION 4. Amendment of Article VI, Section 6 (a). Article VI, Section 6 (a) of the Composite Zoning Ordinance is hereby amended to read as follows: -4-

12 Amending Ordinance Section 6: Setbacks (a) The purpose of this section is to provide for building, paving, and outdoor storage setbacks. The setback table incorporates setback requirements by street types in order to identify parking lot locations. The street types range from A Street which is the most pedestrian oriented to C Streets which is the least pedestrian oriented. Building / Structure and Site Improvements: BUILDING / STRUCTURE SINGLE-FAMILY RESIDENTIAL DISTRICTS Use Architectural Component Component Front Side Street Side Rear SFR 25' 7' 15' 15' SFE, SFS, SFU, 20' 5' 15' 15' SFU/MH, TF Standard Setback SFC, SFL 15' * 5' or 0 & 10 15' 15' CH***** TH 10 * SFT 10' * 0 or 10' 15' 15' SFR, SFE, SFS, SFU, Garage Setback SFU/MH. SFC. SFL, CH, SFT, TF See Article VIII, Section 5 (i) NON-RESIDENTIAL & MULTI-FAMILY DISTRICTS A Street B Street All Other Streets Special Setback Where Adjacent to Use Component Architectural Component Max Front Min Front Min Side Min Street Side Max Street Side Min Rear NR Type A, B MF Type A ' Type B ' LO, LC, GC, Type A, B ' HC, HI Type C ' GC, HC, HI Type D ' NR Type A, B MF Type A, B ' LO, LC, GC, Type A, B ' HC, HI Type C ' GC, HC, HI Type D ' NR Type A, B 15 * MF Type A 20' 10' 20' 20' Type B 25' 10' 25' 20' LO, LC, GC, Type A, B 15' 10' 15' 10' HC, HI Type C 20' 10' 20' 10' GC, HC, HI Type D 25' 15' 25' 15' MF, LO, LC, GC, HC, HI Type A (NA) 20' (N/A) 20' Type B (NA) 25' (N/A) 25' -5-

13 Amending Ordinance SFR, SFE, SFS, SFU, SFC, SFL, SFU/MH, CH, TH, TF** LO, LC, GC, HC, HI Type C (NA) 30' (N/A) 30' GC, HC, HI Type D (NA) 50' (N/A) 50' Standard Setback Special Setback Where Adjacent to SF or TF** PARKING, AISLE, LOADING, CANOPIES, OUTDOOR DISPLAY Use Component Site Component Front Side Street Side Rear MF All 20' 5'**** 20' 5'**** Type 1, 2 15' 5'**** 15' 5'**** LO, LC, GC, Type 3 20' 5'**** 20' 5'**** HC, HI Type 4, 5 25' 5'**** 25' 5'**** MF, LO, LC, GC, HC, HI Type 1-3 (N/A) 15' (N/A) 15' Type 4, 5 (N/A) 20' (N/A) 20' Standard Setback Special Setback Where Adjacent to SF or TF** Use Component LO, LC, GC, HC, HI LO, LC, GC, HC, HI OUTDOOR STORAGE Site Component Front Side Street Side Rear Type 3-4 *** 5'**** *** 0' Type 5 25' 0'**** 25' 0' Type 3-5 (N/A) 25' (N/A) 25' * In no case shall the garage be closer to the ROW than 18 ** Unless such district is utilized for a non-residential use *** No closer than the street facing wall of the primary structure that utilizes such storage. **** Setback does not apply for parking, drive aisles, storage etc. that are intended to cross lot line. ***** Setbacks are for the perimeter of the project, not the individual units. SECTION 5. Conflicting Ordinances. Exhibit A, Section , Article 14.02, Leander Code of Ordinances and of Ordinance No is amended as provided herein. All ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted herein, are hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, the terms and provisions of this ordinance shall govern. SECTION 6. Savings Clause. All rights and remedies of the City of Leander are expressly saved as to any and all violations of the provisions of any ordinances affecting zoning within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. Effective Date. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov't. Code and the City Charter. SECTION 8. Severability. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, sentence, paragraph or section of this Ordinance should be declared invalid by the final -6-

14 Amending Ordinance judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. SECTION 9. Open Meetings. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act. PASSED AND APPROVED on the 2 nd of March, 2017 PASSED AND FINALLY APPROVED on the 6 th day of April, 2017 THE CITY OF LEANDER, TEXAS ATTEST: Christopher Fielder, Mayor Dara Crabtree, City Secretary -7-

15 AGENDA ITEM #23 EXECUTIVE SUMMARY 04/06/2017 COUNCIL AGENDA SUBJECT: Discuss and consider an Ordinance regarding 16- OR-003a amending the Leander Code of Ordinances, Chapter 10, Subdivision Regulation, Article 10.02, Subdivision Ordinance, adopting streetscape standards by amending the Concept Plan requirements to encourage high intensity uses closer to the intersections of major roadways, identify criteria for lots to be served by on-site sewage treatment systems, and related matters, Leander, Williamson and Travis Counties, Texas; providing a savings clause; providing for a severability clause; and providing an effective date. BACKGROUND: This request is the final step in the ordinance amendment process. The Comprehensive Plan was adopted on October 15, 2015 and included goals related to the Subdivision Ordinance as part of the action plan. The purpose in this amendment is to incorporate the policies that were adopted as part of the Comprehensive Plan. These amendments include: Adopt streetscape standards to enhance Leander s public spaces to create and link destinations. Update the concept plan requirements to accommodate a mixture of housing types within neighborhoods and encourage higher density residential closest to the intersections of major roadways. Identify criteria for lots to be serviced by on-site sewage treatment systems to support the plan for complete utility extension and oversizing projects. Staff conducted two (2) work sessions with the Planning & Zoning Commission on December 08, 2016 and December 22, 2016 to discuss the proposed changes. Staff also met with the Leander Advisory Committee and HBA to discuss the proposed amendments. Based on the results of that meeting, staff is proposing the adoption of the attached ordinance. RECOMMENDATION: Staff recommends approval of the ordinance amendments. The Planning & Zoning Commission unanimously recommended approval of the ordinance amendments at the January 26, 2017 meeting. 1. Staff shall work with the HBA to accommodate the construction plan needs of the developers with regard to a delay in the implementation of the street tree requirements.

16 AGENDA ITEM #23 The City Council delayed the first reading of the ordinance to March 2, 2017 and requested that the requirements associated with large lot developments and septic systems, and lot mix requirements were reviewed as part of a separate ordinance after a work session with the HBA. The City Council delayed the first reading of the ordinance to March 16, 2017 in order to review this ordinance amendment at the same time as the Composite Zoning Ordinance amendment. The City Council delayed the first reading of the ordinance to the April 6, 2017 meeting in order to allow staff time to prepare a definition for buildable area to be incorporated in to the ordinance. ATTACHMENTS: 1. Proposed Amendments 2. Ordinance PREPARED BY: Tom Yantis, AICP Assistant City Manager 03/20/2017

17 SUBDIVISION ORDINANCE AMENDMENTS ARTICLE II. PROCEDURE SECTION 21. CONCEPT PLAN (a) Purpose. The purpose of the Concept Plan is to demonstrate conformance with the Master Plan, compatibility of the proposed development with this and other applicable City ordinances, and the coordination of improvements within and among individually platted parcels, sections, or phases of a development, prior to the consideration of a Preliminary Plat. (1) A Concept Plan shall be required for all subdivisions of land, except as otherwise provided for in this Ordinance for Short Form Final Plats. (2) The Concept Plan shall include all adjacent and contiguous land, owned or controlled by the developer or the person, firm or corporation that sold the tract being developed. (3) It shall not be necessary to submit a Concept Plan on any land more than once, unless the concept substantially or materially changes, or approval of the precedent Concept Plan has expired, as defined in this Ordinance. (4) The Concept Plan shall demonstrate compliance with the Comprehensive Plan. The Comprehensive Plan calls for higher density residential and non-residential uses closer to the core of the established Centers. Areas located within one half mile of a Center shall also provide for higher density residential and transition to lower density residential as development moves away from the Centers. (5) Concept Plans shall demonstrate compliance with the Composite Zoning Ordinance. The following residential lot mix requirements shall apply to all new residential subdivisions except those served by on-site sewage treatment systems. For the purposes of this section, net acres shall mean the total acres of the subdivision minus the required parkland. i. Subdivisions between zero (0) and thirty (30) net acres shall not have a specific residential lot mix requirement. ii. Subdivisions greater than thirty (30) and less than sixty (60) ninety (90) net acres shall include at least two (2) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision. iii. Subdivisions greater than sixty (60) ninety (90) net acres shall include at least three (3) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision. SECTION 45. BLOCKS AND LOTS ARTICLE III. DESIGN STANDARDS **** (b) Lots. All land area within the boundaries of the subdivision or re-subdivision except that area specifically dedicated as public right-of-way for any purpose shall be designated as a lot. Added Text, Removed Text, Change Made after 03/02 1

18 (2) The minimum lot size and development constraints for all lots approved to be served by on-site utilities shall be as follows. (i) (ii) Lots approved to be served by on-site sewage treatment systems and to be connected to a community water supply shall be a minimum of one acre in size and conform to the County or LCRA regulations based on percolation tests and soils analysis. Lots approved to be served by on-site sewage treatment systems and on-site private water wells shall be a minimum of two acres in size and conform to the County or LCRA regulations based on percolation tests and soils analysis. (ii)(iii) Lots may only be approved to be served by on-site sewage treatment systems if the lots have steep topography, floodplain, or other natural features that prohibit the use of City sewer. This includes areas within the LCRA jurisdiction that are marked by steeper slopes and subject to strict regulations on wastewater discharge. If there are no physical constraints to sewer service, then on-site sewage treatment systems are not permitted may be permitted as an exception by the Planning & Zoning Commission and City Council. Added Text, Removed Text, Change Made after 03/02 2

19 AN ORDINANCE OF THE CITY OF LEANDER, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY OF LEANDER, TEXAS AMENDING SECTIONS OF CHAPTER 10, THE SUBDIVISION ORDINANCE, TO ADOPT STREETSCAPE STANDARDS, TO AMEND CONCEPT PLAN REQUIREMENTS, IDENTIFY CRITERIA FOR LOTS TO BE SERVED BY ON-SITE SEWAGE TREATMENT SYSTEMS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING SAVINGS, EFFECTIVE DATE AND OPEN MEETINGS CLAUSES, AND PROVIDING FOR RELATED MATTERS. WHEREAS, the City Council of the City of Leander, Texas (the City ) adopted a Comprehensive Plan on October 15, 2015, which included recommendations for establishing a governance structure to achieve the goals and vision of the Comprehensive Plan; WHEREAS, the purpose of this ordinance is to amend the City s subdivision ordinance to establish regulations that will implement certain aspects of the Comprehensive Plan related to enhancing public places and creating link destinations, encouraging a variety of lot sizes and higher density residential closest to the intersections of major roadways, and planning for utility service and expansion; WHEREAS, the Planning & Zoning Commission (the Commission ) held three public work sessions and the City Council and the Commission held two joint public work sessions on proposed changes to zoning regulations to achieve the goals of the Comprehensive Plan; WHEREAS, the City Council held a public hearing on the proposed amendments to Chapter 10, Article 10.02, Section , Exhibit A, Leander Code of Ordinances (the Subdivision Ordinance ); and WHEREAS, the City Council at a public meeting has considered the proposed amendments and finds that the amendments are reasonable and necessary to protect the health, safety, and welfare of the present and future residents of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEANDER, TEXAS, THAT: SECTION 1. Findings of Fact. The above and foregoing recitals are hereby found to be true and correct and are incorporated herein as findings of fact. SECTION 2. Amendment to Article II, Section 21 (a). Article II, Section 21 (a) of the Subdivision Ordinance is hereby amended to add subsection (5) to read as follows: (5) Concept Plans shall demonstrate compliance with the Composite Zoning Ordinance. The following residential lot mix requirements shall apply to all new residential subdivisions except those served by on-site sewage treatment systems. For the purposes of this section, net acres shall mean the total acres of the subdivision minus the required parkland. (i) Subdivisions between zero (0) and thirty (30) net acres shall not have a specific residential lot mix requirement.

20 (ii) Subdivisions greater than thirty (30) and less than ninety (90) net acres shall include at least two (2) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision. (iii) Subdivisions greater than ninety (90) net acres shall include at least three (3) different residential use components each of which shall include at least twenty (20%) of the lots within the subdivision. SECTION 3. Amendment to Article III, Section 45 (b)(2). Article III, Section 45 (b)(2) of the Subdivision Ordinance is hereby amended in its entirety to read as follows: (2) The minimum lot size and development constraints for all lots approved to be served by on-site utilities shall be as follows. (i) Lots approved to be served by on-site sewage treatment systems and to be connected to a community water supply shall be a minimum of one acre in size and conform to the County or LCRA regulations based on percolation tests and soils (ii) analysis. Lots approved to be served by on-site sewage treatment systems and on-site private water wells shall be a minimum of two acres in size and conform to the County or LCRA regulations based on percolation tests and soils analysis. (iii) Lots may only be approved to be served by on-site sewage treatment systems if the lots have steep topography, floodplain, or other natural features that prohibit the use of City sewer. This includes areas within the LCRA jurisdiction that are marked by steeper slopes and subject to strict regulations on wastewater discharge. If there are no physical constraints to sewer service, then on-site sewage treatment systems may be permitted as an exception by the Planning & Zoning Commission and City Council. SECTION 4. Conflicting Ordinances. Exhibit A, Section , Article 10.02, Chapter 10, Leander Code of Ordinances is amended as provided herein. All ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance as adopted herein, are hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, the terms and provisions of this ordinance shall govern. SECTION 5. Savings Clause. All rights and remedies of the City of Leander are expressly saved as to any and all violations of the provisions of any ordinances affecting subdivision within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. Effective Date. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov't. Code and the City Charter. SECTION 7. Severability. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if -2-

21 any phrase, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. SECTION 8. Open Meetings. It is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act. PASSED AND APPROVED on the 6 th day of April, THE CITY OF LEANDER, TEXAS ATTEST: Christopher Fielder, Mayor Dara Crabtree, City Secretary -3-