AN ORDINANCE GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW
A DISCOUNT TIRE DEALERSHIP TO BE LOCATED ON PROPERTY AT 716 HIGHWAY
71 WEST, IN AN AREA ZONED COMMERCIAL (C-1), AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Wade Benton, Agent of Owner of the Property
in question, (the "Applicant") filed a request for a Conditional
Use Permit for property located at 716 Highway 71 West, to allow a Discount
Tire dealership to be located in an area zoned Commercial (C-1): and
WHEREAS, pursuant to Section 10 of the Zoning Ordinance
of the City of Bastrop, Texas, a public notice has been given, and a
public hearing was held on May 13, 2004 by the Bastrop Planning &
Zoning Commission regarding the request for a Conditional Use Permit
by the Applicant and at that time. the Commission recommended approval.
with the conditions noted herein below: and
WHEREAS, pursuant to Section 10 of the Zoning Ordinance
of the City of Bastrop. Texas. a public notice has been given, and a
public hearing was held on May 25. 2004 by the City_ Council regarding
the request for a Conditional Use Permit by the Applicant: and
WHEREAS, the City Council finds that it is in the public
interest to approve the requested Conditional Use Permit to permit the
placement of the Discount Tire dealership on a lot located at 716 Highway
71 West. in an area zoned as Commercial (C-1). subject to the conditions
noted herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BASTROP, TEXAS:
Part I : The Conditional Use Permit requested
by Wade Benton, as Agent for Owner of the Property, to allow the placement
of a Discount Tire dealership on property zoned Commercial C-1 at 716
State Highway 71 West, is hereby approved, subject to the following
special conditions:
-
No over
night storage of customer vehicles shall be allowed on the Property;
- No on-site parking of service
vehicles (e.g., wreckers, etc.) shall be allowed on the Property,
- No exterior storage of materials
or equipment shall be allowed on the Property;
- No accessory or temporary
structures or outdoor work areas shall be allowed on the Property;
- Additional landscaping to
that currently proposed by the Applicant shall be required. Specifically,
Applicant shall: (1) upgrade the proposed lawn to include groundcovers,
and (2) change the proposed shrubs along the "channel" located
upon the Property to include a combination of shrubs and trees, (such
as Cypress trees, to soften the blank backside of the proposed building;
- Physical screening (e.g.
fencing, hedges, etc.) of the service bays shall be required. For example,
the site design lends itself to the placement of a "gated fence"
or the inclusion of "landscaped islands" between the proposed
`office display room' and the proposed `service bays'. Additionally,
applicant shall increase the screening along the property line running
between Discount Tire dealership and the adjacent property which is
the current site of Home Depot; and
- Applicant shall restrict
the activities allowed on-site to services as described by Applicant,
as follows:
Sales and installation of passenger and light truck tires, wheels and
related services
Tire repair
Tire rotation
Tire balancing
Wheel alignment
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 25th day of May, 2004.
READ and Adopted on Second Reading on the 8th day of June, 2004.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
APPROVED AS TO FORM:
Jo-Christy Brown
Brown Carls, LLP
City Attorney
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