AN ORDINANCE GRANTING A REQUEST TO REZONE AN AREA ZONED "C-1"
- COMMERCIAL (LIGHT) TO ZONING DESIGNATION "C-2" COMMERCIAL
(HEAVY) A +/- 3.446 ACRE TRACT OUT OF THE NANCY BLAKEY A98 SURVEY
ON THE NORTH SIDE OF STATE HIGHWAY 71 GENERALLY LOCATED AT 507 STATE
HIGHWAY 71 WEST, BASTROP, BASTROP COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Tin Van and Mary Ngo (hereinafter referred
to as an "Applicant") submitted a request to rezone an area
currently zoned "C-1" - Commercial (light) to a zoning designation
"C-2"- Commercial (Heavy) a +/- 3.446 acre tract of land
out of the Nancy Blakey A98 Survey located on the north side of State
Highway 71 or generally located at 507 Highway 71 West in Bastrop,
Bastrop County, Texas, hereinafter referred to as "the Property"
and more particularly shown on a site plan accompanying the application
hereto as Exhibit "A"; and
WHEREAS,
the Property is currently zoned as "C-1" - Commercial, and
WHEREAS,
the Applicant originally applied for a zoning change from "C-1"
- Commercial (light) to "C-2" - Commercial (Heavy) in June,
2007 and the Planning and Zoning Commission held a public hearing
July 26, 2007 and recommended disapproval of the request for the proposed
C-2, Commercial (Heavy) zoning change of the property; 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 July 26, 2007; and
WHEREAS,
after notice and hearing, the Planning and Zoning Commission has recommended
denial of the Applicant's request for rezoning; and
WHEREAS, pursuant
to Section 10.4 of the City's Zoning Ordinance, notice of 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 August 14, 2007 to consider the request; and
WHEREAS,
after consideration of the information presented, including particularly
the applicants statement of development plans, as illustrated in the
attached document (see bound copy of Presentation Information for
RSC Equipment Rental) pursuant to Sectionl0.8.E of the City's Zoning
Ordinance, City Council finds by at least a three-fourths (3/4) majority,
that it is in the public interest to approve the applicant's rezoning
request; and,
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
as a +/- 3.446 acre tract of land out of the Nancy Blakely A98 Survey
located on the north side of State Highway 71 or generally located
at 507 Highway 71 West in Bastrop, Bastrop County, Texas are hereby
rezoned from zoning designation "C-1" - Commercial (Light)
to zoning designation "C-2" - Commercial (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 14th day of August, 2007.
READ and ACKNOWLEDGED on the Second Reading on the 28th day of August,
2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APROVED
AS TO FORM :
Jo-Christy Brown
Brown & Carls, LLP
City Attorney
