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Ordinance 2006-5


ORDINANCE NO. 2006-5

AN ORDINANCE GRANTING A REQUEST TO REZONE PROPERTY, TO CHANGE THE ZONING CLASSIFICATION FOR A 2.1694+/- ACRE TRACT OF LAND OUT OF BUILDING BLOCK 107 EAST OF WATER STREET GENERALLY LOCATED AT 701 HWY 95, BASTROP, BASTROP COUNTY, TEXAS FROM AN AREA ZONED "C-2" - COMMERCIAL - 2 DISTRICT (HEAVY) TO AN AREA ZONED "GR" - GENERAL RETAIL DISTRICT; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, J.D. AND A.E. CRAWFORD (hereinafter referred to as "Applicants"), property owners, submitted a request to rezone property from a current zoning designation "C-2" - COMMERCIAL - 2 DISTRICT (HEAVY) to a zoning designation of "C-1" - COMMERCIAL - I DISTRICT (LIGHT), said land being generally located at 701 Hwy 95, Bastrop, Tx, and being legally described as being a 2.1694+/- ACRE TRACT OF LAND OUT OF BUILDING BLOCK 107 EAST OF WATER STREET, BASTROP, BASTROP COUNTY, TEXAS, hereinafter referred to as "the Property" and a description attached hereto as Exhibit "A."

WHEREAS, the intended use of the Property is neighborhood, local and regional shopping and service facilities for the retail sale of goods and services;

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 (200') of the Property,

WHEREAS the Planning and Zoning Commission of the City of Bastrop held a public hearing on the Applicants' rezoning request on December 1, 2005; and

WHEREAS, after notice and hearing, the Planning and Zoning Commission denied Applicants' request to rezone the Property to a zoning designation of "C-1" Commercial -1 District "Light" but recommended approval of rezoning the Property to a zoning designation of "GR"- General Retail District; 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 Applicants' rezoning request on December 13, 2005 to consider the request and the Commission's recommendation; and

WHEREAS, after consideration of the information presented, the City Council finds that it is in the public interest to approve the Commission's recommendation.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:

Part 1: The Property owned by the Applicants, said Property being generally located at 701 Hwy 95, Bastrop, Tx, such lot being legally described as an 2.1694+/- ACRE TRACT OF LAND OUT OF BUILDING BLOCK 107 EAST OF WATER STREET. BASTROP, TEXAS, is hereby rezoned from the current zoning designation of "C-2" - COMMERCIAL - 2 DISTRICT (HEAVY) to a zoning designation of "GR" GENERAL RETAIL DISTRICT.

Part 2: 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 13th day of December 2005.
READ and ADOPTED on Second Reading on the 10th day of January 2006.

APPROVED:

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 Attorneys


Exhibit A: map of tract #1.

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