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HomeMy WebLinkAboutORD 2004-17 - Courthouse View ProtectionORDINANCE ,,its WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and WHEREAS, the City Council in their motion to adopt the UDC directed staff to return to City Council at a future date with selected sections of the UDC for further study and amendment; and WHEREAS, a Public Workshop was conducted on October 30, 2003 to allow for public review of the proposed UDC amendments; and WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing on November 19, 2003 and December 2, 2003 to consider a recommendation on these UDC amendments; and WHEREAS, the Planning and Zoning Commission at their meeting of December 2, 2003 made a report to the City Council recommending denial of the proposed UDC amendment; and NOW THEREFORE,ORDAINED r GEORGETOWN, 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. The City Council hereby finds that t his ordinance implements the Century Plan as follows: Policy 1.0: The community enjoys the benefits of well-planned land use in which conflicting needs are balanced. Goal: Develop policies which enhance the quality of life for the community while preserving the unique character and natural resources. Strateg Implement the Unified Development Code (UDC) to ensure consistency of the City's development ordinances to preserve the character of the community. Policy 4.0: Prehistoric and historic resources are preserved, protected and promoted for the benefit of the citizens of Georgetown. and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Pian. ORD. aoo4 - 0 Courthouse View Protection Overlay District Page 1 of 5 SECTION 2. Section 4.09 of the "Unified Development Code," is hereby amended in its entirety to read as follows: Section 4.09 Courthouse View Protection Overlay District 4.09.010 Purpose and Intent The Williamson County Courthouse provides a cultural, symbolic and historic resource unique to the City of Georgetown. Residents, visitors and the travelling public currently enjoy broad views of the Courthouse Dome from several corridors. The purpose of this Section is to ensure that future development along the identified view corridors does not lead to the loss of the views of the Courthouse Dome. It is the intent that these broad views be protected, to the extent feasible, by means of careful siting of buildings and with consideration given to how the overall height of buildings impact those views. Compliance with the requirements of this Section will be verified during the Site Plan Review process. 4.09.020 Definitions Allowable Height. The maximum height allowed for any building, fagade, decorative feature, sign or rooftop mechanical equipment screening. Courthouse Dome Protected View. A view of the dome of the Courthouse from the top of the cornice to the top of the statue. Distance. The distance from the View Point to either the Review Site (RS) or the Courthouse Review Site (RS). Proposed location of development. Sightline. A line drawn from the View Point to the lowest protected point on the Courthouse. View Corridor. That area projecting from the Courthouse to the farthest point of the View Point as reflected in the Map, Section 4.09.060, or any point in between from which there is a view within public right-of-way of the protected view of the Courthouse Dome. View point (VP). The point from which the Sightline establishes a maximum height which may not be exceeded by any structure. The elevation at the view point is established from four (4) feet above the lowest elevation of any lane within the right-of-way of a View Corridor from which the protected view of the Courthouse Dome is visible. A view triangle encompassing the full range of view for the complete site shall be included in the view point. 4.09.030 Applicability Where Site Plan review is required in accordance with Section 3.09, the Courthouse View Protection Overlay s hall b e a ppiied for all properties within the specific view corridors listed below, and graphically shown on the Courthouse View Protection Overlay District Map in Section 4.09.060. Contact the Planning and Development Services office to confirm applicability at a parcel level. A. 1-35 View Corridor 1. Properties lying within the triangle between the Williamson Courthouse, the western (southbound) lanes of 1-35 south of Northwest Boulevard beginning at 393 North IH 35 to the intersection at Highway 29, and Courthouse View Protection Overlay District Page 2 of 5 2. Properties lying within the protected view corridor along IH35 from the Business 81 Overpass to the Courthouse Dome. B. Austin Avenue View Corridor 1. Properties within the protected view corridor projecting north from the Williamson County Courthouse to Austin Avenue at FM 971 and continuing north to County Road 151 the width of the Austin Avenue right-of-way, and 2. The Austin Avenue entrances to the downtown area from University Avenue north to the Williamson County Courthouse and from Spring Street south to the Williamson County Courthouse. 4.09.040 Special Site Plan Review Requirement All properties are permitted to build a structure of a single story, which is designed to minimize the impact on the protected view. All other structures proposed within the view corridors may not exceed the height of the plane delineating the corridor as determined by the Height Calculation Formula in paragraph °C" below. The maximum height permitted is the lesser of either the base zoning district maximum height or the maximum height permitted in this section. Prior to Site ,Plan application, properties within the Courthouse View Protection Overlay District, proposing to build a new structure or expand an existing structure shall submit an Application for Height Determination to establish the requirements of this district as it may relate to a specific property. During Site Plan review, sites that lie within the Courthouse View Protection Overlay District shall be required to submit an elevation study illustrating the potential impact of all buildings in the project on the protected view of the Williamson County Courthouse Dome. Review of the Site Plan and associated elevation study shall consider the following elements: A. Height Within the Courthouse View Protection Overlay District, structure height shail be limited to avoid blocking the view to the Williamson County Courthouse Dome. Examples of design techniques to meet this requirement include: 1. Overall reduction of height; and 2. Stepping back the building height. B. Building Location Within the Courthouse View Protection Overlay District, structures shall be located to minimize the possible impact on the view to the Williamson County Courthouse Dome. Examples of techniques to avoid location impacts include: 1. Relocation of building on the site outside the view corridor; and cutting off building corners. 2. Location of parking as it relates to the building shall be designed to best preserve the view of the Courthouse. 0 tJ. x.0®4 - t'7 Courthouse View Protection Overlay District Page 3 of 5 C. Height Calculation Formula The Height Calculation Formula, used in determining structure height for projects within the Courthouse View Protection Overlay District is: Tan of angle = A/B = E/F (TAN Deg = A/B = E/F) Tan of angle x F=E (TAN Deg x F=E) E - D=G. Combined formula (A/B x F) - D = G (allowable height), See Height Calculation Formula example in the UDC Development Manual, D. Application for Height Determination: 1. An aerial map of the proposed site and Courthouse elevations may be obtained from the City of Georgetown, Division of Planning and Development Services. 2. Submit an application form with calculations showing the elevations of Review Site, View Point, proposed height of building, and distances from View Point to Review Site and to Courthouse, which establishes the allowable height according to the Height Calculation formula. 4.09.050 Final Determination Upon completion of the administrative review and height determination the Director shall make a final determination. The applicant may request an administrative waiver if a strict application of the provisions of this Section would not be consistent with the Purpose of the Overlay District due to unique topograpical or physical characteristics of the subject site. In consideration of a waiver, the burden of proof shall be on the applicant to demonstrate by a preponderance of evidence that the proposed exception is consistent with the criteria contained in this section. The Director may grant an administrative waiver from the requirements of this Section provided that the subject application meets all of the following criteria: A. Granting the administrative waiver would not adversely affect any identified public view corridor. B. Granting the administrative waiver would be in the public interest and consistent with the Purpose of the Overlay District. Section 4.09.060 Courthouse View Protection Overlay District Map Map attached as Exhibit A of this Ordinance to be inserted here. SECTION 3. All ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. If any provision of this Ordinance or the UDC, 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 be effective immediately upon its final adoption. Courthouse View Protection Overlay District Page 4 of 5 PASSED AND APPROVED on First Reading on the 16th day of December 2003, PASSED AND APPROVED on Second Reading on the 27th day of February, 2004. ATTEST: THE CITY OF GEORGETOWN City Secretary Approved as to Form: Patricia E. Carts, Brown & Carls, LLP City Attorney Courthouse View Protection Overlay District Page 5 of 5 .2 a fl Patricia E. Carts, Brown & Carls, LLP City Attorney Courthouse View Protection Overlay District Page 5 of 5 r • •t � 1 7 ' • 1r O •• t , .,r I + +040040 00r00 00 \