AN ORDINANCE GRANTING
A REQUEST TO REZONE FROM "AOS"-
AGRICULTURAL OPEN SPACE TO "C-2" - COMMERCIAL DISTRICT (HEAVY),
FOR A 4.060+/- ACRE TRACT OF LAND OWNED BY THE MERLE ARNOLD PROKOP,
JR. REVOCABLE LIVING TRUST, WHICH IS LOCATED AT 315 HWY - 71 WEST,
BASTROP COUNTY, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, The Merle Arnold Prokop, Jr. Revocable Living
Trust (hereinafter referred to as "Applicant") submitted
a request to rezone, from zoning designation "AOS" - Agricultural
Open Space to zoning designation "C-2" - Commercial District
(Heavy), a 4.060+/-acre tract of land located at 315 HWY 71 West,
in Bastrop, Texas, and legally described as:
BEING A 4.060 ACRE
TRACT OF LAND LYING IN AND SITUATED OUT OF THE NANCY BLAKEY SURVEY,
ABSTRACT 98 IN BASTROP COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN
17.516 ACRE TRACT OF LAND CONVEYED TO THE MERLE ARNOLD PROKOP, JR.
REVOCABLE LIVING TRUST BY DEED RECORDED IN VOLUME 617, PAGE 308 OF
THE DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 4.060 ACRE TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SURVEYED UNDER THE SUPERVISION
OF JAMES E. GARON & ASSOCIATES IN APRIL, 2003.
Beginning
at a point on the west line of said 17.516 acre tract at the current
City Limit line of Bastrop, Texas as annexed August 3 1, 1993 for
the northwest corner hereof and from which the northwest corner of
said 17.516 acre tract, lying on the southerly r-o-w line of State
Highway 71 bears North 0°28'23" East a distance of 108.27
feet;
Thence
South 66'59'19" East a distance of 419.48 feet along said City
Limit line, 100' from and parallel to said r-o-w line, to a point
on the east line of said 17.5 16 acre tract and west line of Lot 1,
Block "A", Beck, NHP & Prokop Subdivision Section One
as recorded by plat in Cabinet 3, page 18113 of the plat records of
Bastrop County, Texas.
Thence
South 0°30'38" West a distance of 376.16 feet along said
line to an iron rod set for the proposed southeast corner of Lot 2,
Block "A"; Beck, NHP & Prokop Subdivision Section Two.
Thence
North 89°31'20" West a distance of 387.21 feet to an iron
rod set on the west line of said 17.516 acre tract for the proposed
southwest corner of Lot l, Block "A"; Beck, NHP & Prokop
Subdivision Section Two;
Thence North 0°28'23" East a distance of
536.91 feet along said west line to the POINT OF BEGINNING and containing
4.060 acres of land, more or less, and as shown on sketch of survey
prepared herewith; and hereinafter referred to as "the Property"
and more particularly described in the survey attached hereto as Exhibit
"A": and
WHEREAS,
the intended use of the Property is for commercial purposes; and
WHEREAS,
pursuant to Section 10.4 of the City's Zoning Ordinance, notice of
the rezoning request was given to all property owners located within
two hundred feet of the Property, and the Planning and Zoning Commission
of the City of Bastrop held a public hearing on the Applicant's rezoning
request June 12, 2003, and
WHEREAS,
after notice and hearing, the Planning and Zoning Commission has recommended
approval of the Applicant's request for rezoning; and
WHEREAS,
pursuant to Section 10.4 of the City's Zoning Ordinance, notice of
the rezoning request was given as required by the ordinance, and the
City Council of the City of Bastrop held a public hearing on the Applicant's
rezoning request on July 22, 2003 to consider the request; and
WHEREAS,
City Council finds that it is in the public interest to approve the
Applicants' rezoning request.
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:
Part 1: The tract
owned by the Applicant, said Property being more particularly described
a 4.060+/-acre tract of land located at 315 HWY 71 West in Bastrop,
Texas is hereby rezoned from "AOS" Agricultural Open Space
to "C-2" Commercial District (Heavy).
Part 2: This ordinance
shall take effect upon passage and in accordance with the laws of
the State of Texas.
READ and ACKNOWLEDGED on First Reading on the 22nd day of July, 2003.
READ and ADOPTED on Second Reading on the 12th day of August, 2003.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Miertschin, City Secretary
APPROVED AS TO FORM:
Jo-Christy Brown
Brown Carls, LLP
City Attorneys
