City of Bastrop seal.City of Bastrop

Ordinance 2003-36


ORDINANCE NO. 2003-36


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS AMENDING ORDINANCE NO. 2003-19, RELATED TO THE HUNTER'S CROSSING PLANNED DEVELOPMENT DISTRICT; AMENDING SIDE YARD STANDARDS, STREET FRONT AND ROADWAY STANDARDS AND STANDARDS RELATED TO THE APPEARANCE OF BUILDINGS; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, City Ordinance No. 2003-19, adopted by the City of Bastrop on or about July 3, 2003, contains provisions specifically applicable to the Hunter's Crossing Planned Development District; and

WHEREAS, on October 23, 2003, after proper notice and pursuant to the procedures set forth in the Zoning Ordinance, the Planning and Zoning Commission held a public hearing to consider the proposed amendments to the Zoning Ordinance No. 2003-19 related to the Hunter's Crossing Planned Development District; and

WHEREAS, all notices have been given in accordance with state law that a hearing will be held to consider amendments to the Zoning Ordinances of the City of Bastrop applicable to the Hunter's Crossing Planned Development District; and

WHEREAS, the Planning and Zoning Commission recommended that the City of Bastrop Zoning Ordinance No. 2003-19 be amended as reflected herein; and

WHEREAS, the City Council of the City of Bastrop has found and determined that changes to the Zoning Ordinance No. 2003-19 reflected in this amendment are in the best interest of the general welfare, health, and safety of the citizens of the City of Bastrop.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP 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.

SECTION 2: That Zoning Ordinance No. 2003-19 of the City of Bastrop, pertaining to the Hunter's Crossing Planned Development District is hereby amended as follows:

Section 302.2(e): Shall be amended to read as follows: "Fencing - A sixfoot fence with stone columns every 110' shall be erected along the property line of lots along collectors."

Section 302.3(a): Shall be amended to read as follows: "Access- Side access drives are permitted. Side access driveways shall be a minimum of 60' from the intersection. In general, driveways for corner lots, other than side access driveways, shall be located the maximum possible distance from street intersections. In general, driveways shall be located to maximize the space between driveways on the same side of the street, but not less than 13' apart. In order to maintain maximum distance of driveways from street intersections, where necessary within cul-de-sacs, or at the approximate mid-block locations between street intersections, driveways may be located less than 13' apart, but not less than 3' apart, measured at the property line. Minor variations to solve conflicts with storm sewer inlets, fire hydrants and similar appurtenances are acceptable.

Section 303.2(f) 2: Shall be amended to read as follows: "Fencing - Fences along an exterior side yard shall comply with the exterior side yard building setback, except along the right-of-way line on corner lots located on a collector street. For corner lots along a collector street, the fence may be located on the property line. However, in no instance shall any fence be located in a manner that creates an impediment to line of sight for vehicular or pedestrian traffic in accordance with Section 39.8 B, City of Bastrop Zoning Ordinance. No fence shall be over six feet high.

Section 303.2(h) 1: Shall be amended to read as follows: " Side Yards - Every part of a required side yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, and other architectural features. Projections are not to exceed twelve inches (12") into the side yard except for mechanical equipment such as air conditioning compressors."

Section 303.2(h) 3: Shall be amended to read as follows: "Side Yards - Air conditioner compressors and similar equipment are permitted in the side yard, provided said units may be screened by landscaping, but shall not be screened by fencing. Air conditioning units shall be offset and shall not be placed in locations in side yards that could impede fire rescue operations from second story windows in adjacent structures (e.g., across from second story windows in adjacent houses).

Section 303.1 Lot Types Shall be amended to read as follows:

(a): "SF-7 lots- Lots of width sixty feet (60') or greater shall follow the standards found in Section 17.4 of the City of Bastrop Zoning Ordinance with the exception of front, interior, exterior side setbacks, minimum dwelling unit area, and parking requirements which will follow the amended SF-7 standard contained herein. Limitations exist for side yard setbacks on sixty foot (60') and larger lots. See (d) below for details."

(b) SF-7 (amended) lots - lots of width from fifty feet (50') up to sixty feet (60'), as allowed by this specific PD zoning district.

[No proposed amendment to Section 303.1(c).] (d) Size of Yards

- Minimum Front Yard setback - 20'-30"', ***

- Minimum Interior Side Yard setback - 5'- 10""', ***, unless otherwise required as noted herein.

- Minimum Exterior Side Yard setback 15' (20' min. with side driveway entry)

- Minimum Rear Yard setback - 15'

Side yard setbacks of five feet (5) are allowed on lots that are sixty feet (60) wide or wider, but only if such reduced side yard setbacks are necessary in order to accommodate a wider house plan on a specific lot. For example: If a plan proposes a fifty feet (50) wide house, five-foot (5) side yard setbacks are permissible on a sixty foot (60) wide lot, so long as the house will not be constructed adjacent to another structure with less than ten foot (10) side yard setbacks, on either side. By way of further example: If the proposed house is forty feet (40) wide, and will be placed on a sixty foot (60) wide lot, a minimum of ten foot (10) side yard setbacks shall be required on each side of the house. In no event may a house plan that requires a five foot (5) side yard setback on a sixty foot (60) or wider lot be constructed adjacent to a house that is also to be constructed on a lot with a side yard setback of less than ten feet (10) on any common adjacent side. Further, there shall be A a minimum of two (2) forty foot (40'), or less, wide houses situated in between any two (2) proposed fifty foot (50') wide houses.

* The front facade of each house shall be staggered at least five feet from the adjacent house, except that periodically two houses side by side may have the same building setback. Not more than ten percent (10%) of the houses in a platted section may have the same front setback as the adjacent structure. Not more than two houses in a row may have the same set back. The occurrence of two houses with the same setback should be randomly spaced within a
section of homes.

** The eaves of each house in the side yard shall not be closer than seven feet (7) as measured from facia to facia. This allows for an 18" eave overhang.

*** Lots with an interior side yard that abuts the rear property line of a corner lot must have a minimum of a seven foot (7) side yard setback on the abutting side. Furthermore, such lots shall have a maximum front yard setback of twenty feet (20').

Section 303.3(e): Shall be amended to read as follows: "All first floor facades facing a public street and the first floor of interior and exterior side facades shall be 100% masonry construction except for gables, soffits, windows, doors, and trims. Stucco may be used only on 50% or less of any facade required to be masonry."

Section 303.3(h): Shall be amended to read as follows: "If interior side yard setbacks are less than ten feet (10'), side yard swales shall be installed on common side yard lot lines, or absent a swale, in the instance of hip roofs, where there is a single slope, the high side roof shall be guttered to direct roof top water away from the adjoining property."

Section 303.3(i): Shall be amended as follows: "Mechanical equipment may not be located on the roof, in a wall or window mounted.

Section 303.3(i): Shall be amended to read as follows: "To prevent the spread of fire, two story structures, or structures having gable- ends on side yard walls, may be placed on adjoining lots provided that: (a) in the instance of one-story units, if one has a gable-end roof, the adjoining one must have a hip roof; in the instance of two-story units (both two-story at the side building line) on adjoining lots, window and end wall gable vents above the first floor shall be offset not less than thirteen feet(13') as measured on the diagonal from the nearest point of each window or gable end vent to the one on the adjoining structure."

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: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.

READ and Acknowledged on First Reading on the 28th day of October 2003.
READ and Adopted on Second Reading on the 11th day of November 2003.


APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
City Secretary Teresa Miertschin's signature.

Teresa Miertschin, City Secretary

APPROVED AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP

City Attorney

Return to the City of Bastrop Home Page | Return to Ordinances Page