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Ordinance 2004-16


ORDINANCE NO. 2004-16


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; REPLACING ILLUSTRATIONS 1.01, 2.01, AND EXHIBIT H, RELATED TO DEVELOPMENT DISTRICTS; 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 May 13, 2004, 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:

ARTICLE I. - GENERAL PROVISIONS

1.01 Purpose and Intent

Sabine Investments has submitted a master plan (see illustration 1.01 above and illustrations Al and A2, Pages 40 and 41 respectively) for the development of 89.99 acres known as Hunter's Crossing. This document shall describe the planned development zoning district (PD) for areas of Hunter's Crossing. As a requirement of the developers service agreement and the Planned Improvement District (PID) created by council for Hunter's Crossing, Sabine Properties obligates itself to use this PD as a portion of its Conditions, Covenant and Restrictions (CCRs) and to request at the time of annexation any of the delineated property's zoning under this zoning district in-lieu-of an agricultural zoning classification that is generally assigned.

Hunter's Crossinq Section IA, composed of 28.830 acres, was annexed and zoned C-1 November 13, 2001, and is not affected by this document. The 10.48 acre tract shown in the master plan as Hx-M1 is excluded as well. An 89.99 acre tract has been requested to be annexed into the City of which most of the acres are proposed to be zoned under this PD zoning. The PD is divided into two areas as outlined in illustration 1.01 above. The Residential PD will be known as Hx-R and the Commercial PD will be known as Hx-C. Such designations shall be shown on the zoning map and in the Hunter's Crossing PD as codified in Chapter 12, Section 32 of the City of Bastrop Code of Ordinances.

Hunter's Crossing is intended to be developed as a viable community rather than as discreet parcels of land. To achieve this end, the development standards define the relationship of commercial and residential development and set a framework for review, approval and ongoing code enforcement for subsequent development of the land.

Illustration 1.01.

Development districts map.

Exhibit H: Public Open Space Plan.


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 8th day of June 2004.
READ and Adopted on Second Reading on the 22nd day of June 2004.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:

Signature of Teresa Valdez.
Teresa Valdez, City Secretary

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

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