AN ORDINANCE GRANTING
A REQUEST FOR A CONDITIONAL USE PERMIT FROM THE FIRST BAPTIST CHURCH
TO ALLOW FOR THE USE OF A CHURCH AND AN ACCESSORY BUILDING ON APPROXIMATELY
1.09 ACRES IN AN AREA ZONED "SF-7" SINGLE FAMILY RESIDENTIAL
WITHIN THE CITY LIMITS OF BASTROP, TEXAS; SETTING OUT CONDITIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the First Baptist Church, Bastrop, Texas, (hereinafter referred to
as the "Church"), filed a request for a Conditional Use
Permit on March 22, 2006, to allow for the use of a church and an
accessory building approximately 1,440 square feet in size on property
with existing church facilities that were built and/or constructed
prior to the Zoning Ordinance requirements generally located at 1201
Water Street and legally described as being a +/- 1.091 acre tract
within Farm Lot 1 East of Main Street and a +/0.249 acre tract within
Farm Lot 2 West of Main Street, Bastrop, Bastrop County, Texas, in
an area zoned "SF-7", Single Family Residential; and
WHEREAS, pursuant
to Section 10 of the Zoning Ordinance of the City of Bastrop, Texas,
churches may be located in areas zoned "SF-7", Single Family
Residential, pursuant to the terms of approved Conditional Use Permits;
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 April 27, 2006, by the Planning and Zoning Commission (hereinafter
"Commission") regarding the Church's request for a Conditional
Use Permit; and
WHEREAS,
following a public hearing on April 27, 2006, and consideration of
the evidence and testimony presented therein, the Commission recommended
approval of the Church's request for a Conditional Use Permit, subject
to certain conditions set forth herein; 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
May 9, 2006, by the City Council regarding the request for a Conditional
Use Permit by the Church; and
WHEREAS,
after consideration of the recommendations of the Commission, the
City Council finds that it is in the public interest to approve the
requested Conditional Use Permit to provide for and allow the Church
the use of a church and to allow the Church use of an accessory building,
approximately 1,440 square feet in size, in an area zoned "SF-7"
Single Family Residential on property with existing Church facilities/structures
that were built and/or constructed prior to the Zoning Ordinance requirements,
subject to conditions noted herein.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:
Part 1: That the Conditional Use Permit requested by the First
Baptist Church, Bastrop, Texas, to allow for the use of a church in
an area zoned "SF-7" Single Family Residential and to allow
a church use of an accessory building approximately 1,440 square feet
in size, on property with the existing Church facilities/structures
that were built and/or constructed prior to the Zoning Ordinance requirements
generally located at 1201 Water Street and legally described as being
a +/- 1.091 acre tract within Farm Lot 1 East of Main Street and a
+/- 0.249 acre tract within Farm Lot 2 West of Main Street, Bastrop,
Bastrop County, Texas, in an area zoned "SF-7", Single Family
Residential is hereby approved, subject to compliance with the following
conditions:
1. The individual
lot with the Church use accessory structure is a part of the
First Baptist Church development.
2. The property lot line between the two tracts owned and
used by the Church for the First Baptist Church development
shall be removed, as required by city ordinance and state
law, at such time as any structure(s) and/or any portion of
the Church property, subject to this Conditional Use Permit,
is conveyed, transferred, granted, sold or used by any entity
other than the First Baptist Church.
3. No enlargement, modification, or structural alterations
shall be made to the site plan or architectural renderings
of the accessory structure approved by the City Council, unless
a request for an amended Conditional Use Permit is reviewed
by the Planning and Zoning Commission and approved by the
City Council.
4. The use of all structures shall be solely limited to Church
uses.
5. Existing structures on the property owned by the First
Baptist Church shall retain their status as non-conforming
structures subject to the authority of the Zoning Board of
Adjustment.
6. This Conditional Use Permit may be amended and/or revoked
if all conditions set forth herein are not fully complied
with.
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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 9th day of May 2006.
READ and Adopted on Second Reading on the 16th day of May 2006.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
City Attorney
