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Ordinance 2005-47


ORDINANCE NO. 2005-47

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; AMENDING ARTICLE III "DISTRICT STANDARDS" SECTION 305.0 RELATING TO THE LIGHT INTENSITY COMMERCIAL DISTRICT AND THE INTENSITY ZONE USE LIST; 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, City Ordinance No. 2004-16, adopted by the City of Bastrop on or about June 22, 2004 contains provisions amending 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 to amend Article III "Building Standards" Section 305.0 related to the area zoned Light Intensity Commercial district and the use list of permitted, conditionally and not permitted uses in this area; 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 Section 305.0 Hx-C, pertaining to the Hunter's Crossing Planned Development District is hereby amended as follows:

Section 305.0 Hx-C

The Hx-C zoning district utilizes the C-1 zoning district and regulates all Commercial and Multi-family uses within the PD zoning district.

Illustration 305.1 zoning map.

Illustration 305.1


Section 305.1 Uses.

Three zones are identified in the HxC-PD. Zone "H" refers to a "High Intensity Zone", Zone "M" refers to a "Medium Intensity Zone", and Zone "L" refers to a "Low Intensity Zone".

The uses are allocated to high, medium and low intensity categories. High intensity uses are suitable fronting State Highway 71 and include uses typically found in C-1 and C-2. Medium intensity uses are appropriate along all thoroughfares and collectors in the Hx-C district to within 300 feet of the LCRA easement. Low intensity uses are uses allowed within a 300' deep zone and abutting residential properties within the Hx-R district.

Zone "H" uses are appropriate for highway adjacency and have no compatibility with single family uses. Zone "M" uses are higher intensity uses that are not compatible with single family uses, but may be somewhat compatible if greater setbacks (300) are provided from the single family. Zone "L" uses are generally
compatible when placed adjacent to single family uses. All uses in the lists below may be located in Zone "H." All uses allowed in Zone "L" are allowed in
Zone "H" and "M." Several uses are listed in "Uses and activities expressly disallowed," which are disallowed by the Hunter's Crossing Conditions, Covenants and Restrictions (CCRs).

The letter "L" shown after the use in the lists below indicates the only uses allowed in Zone "L" and also allowed in Zones "M" and "H." The letter "M" shown after the use in the lists below indicates the uses not allowed in Zone "L" but allowed in Zones "M" and "H." The letter "H" shown after the use in the lists
below indicates uses not allowed in Zones "L" or "M." The Letter "C" after any use listed requires a conditional use permit for the lowest zone allowed. Note
that commercial uses adjacent to single family uses will require screening and setbacks.

The following uses are allowed by right in these categories:

Residential Uses

Multi-family, Apartments and Condominiums (up to 25 units/acre) - L, G Bed & Breakfast Inns - L

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 6th day of December 2005.
READ and Adopted on Second Reading on the 13th day of December 2005.

THE CITY OF BASTROP:

Mayor Tom Scott's signature.

By: Tom Scott
Mayor

ATTEST:

City Secretary's signature, Teresa Valdez.
Teresa Valdez
City Secretary

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

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