AN ORDINANCE AMENDING CHAPTER 14 "APPENDIX "A" (ZONING ORDINANCE) OF THE BASTROP CITY CODE PERTAINING TO INCREASING MAXIMUM HEIGHT OF BUILDINGS; REPEALING CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Zoning Ordinance places height restrictions in each zoning district; and
WHEREAS, building height is an important reflection of neighborhood or district character; and
WHEREAS, careful siting and design treatment can mitigate height, bulk and scale impacts; and
WHEREAS, the Planning & Zoning Commission, after notice and hearing, recommended that Section 43.4 of the Zoning Ordinance be amended as provided herein.
NOW THEREFORE, be it ordained by the City Council of the City of Bastrop, Texas, that:
Part 1:That Section 43.4 of the Zoning Ordinance (Chapter 14, "Appendix A") of the Bastrop City Code of Ordinances be amended to read as follows:
43.4 SPECIAL HEIGHT REGULATIONS:
- No change.
- Increasing Maximum Height. The maximum height of buildings and structures may be increased above the maximum height allowed in the base zoning district by conditional use permit, as provided in Section 33, Conditional Use Permits, for those buildings and structures located in non-residential districts, and those buildings and facilities occupied by a church, political subdivision, or utility company in any zoning district.
1. In addition to the conditional use standards, the Planning and Zoning Commission and City Council shall consider, but not be limited to, the following factors when determining the maximum height:
a. Preservation of views of landmark buildings, significant open spaces, vistas or water bodies.
b. Access to light and air of surrounding properties.
c. Shadowing of residential properties or significant public spaces.
d. Height, bulk and scale relationships with surrounding uses and structures.
i. Type and amount of separation between surrounding uses and structures (e.g. separation by only a property line, by an alley or street, or by other physical features such as grade changes).
ii. Use of architectural style, details (such as roof lines or fenestration), color or materials that derive from the less intensive surrounding uses and structures.
iii. Creative use of landscaping or other screening
iv. Location of features on-site to facilitate transition, such as locating open space on the property edge so the building or structure is farther from lower intensity development.
v. Articulation of the building's facades vertically on horizontally in intervals that conform to existing structures or platting pattern.,
vi. Reducing the bulk of the building's upper floors.
vii. Limiting the length of, or otherwise modifying, facades.
e. Treating topographic conditions in ways that minimize impacts on neighboring development, such as by using a rockery rather than a retaining wall to give a more human scale to a project, or stepping a project down a hillside.
f. Relationship of windows, doors, exterior stairways, exterior balconies, sundecks, etc. with the privacy of neighbors.
2. Fire related standards:
- Fire flow is adequate.
- Buildings or structures over two (2) stories in height shall be in compliance with four (4) story fire code requirements for commercial fire suppression systems.
Part 2: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. 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.
Part 3:This Ordinance shall become effective in accordance with the City Charter and the laws of the State of Texas.
READ and APPROVED on First Reading on the 8th day of April 2008.
READ and ADOPTED on Second Reading on the 22nd day of April 2008.
APPROVED:

By: Tom Scott
Mayor
ATTEST:

Teresa Valdez
City Secretary
|