AN ORDINANCE GRANTING A REQUEST FOR A CONDITONAL USE PERMIT FROM BASTROP INDEPENDENT SCHOOL DISTRICT TO ALLOW FOR A SCHOOL FACILITY (PERFORMING ARTS CENTER) TO BE CONSTRUCTED AT 1401 CEDAR STREET IN AN AREA ZONED "SF-7" SINGLE FAMILY RESIDENTIAL AND FOR SAID FACILITY TO BE CONSTRUCTED AT A MAXIMUM HEIGHT OF 63 FEET AND SIX (6) INCHES WITHIN THE CITY LIMITS OF BASTROP, TEXAS; SETTING OUT CONDITIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bastrop Independent School District, Bastrop, Texas, (hereinafter referred to as the "Applicant"), filed a request for a Conditional Use Permit on May 6, 2008 to allow for the construction of a school facility (performing arts center) in an area zoned SF-7, Single Family Residential and for said facility to be a maximum height of 63 feet and six (6) inches. The property is located at 1401 Cedar Street at the southwest corner of the Cedar Street and Chamber Street intersection, approximately 10.575 acres out of Farm Lot 35 East of Main within the city limits of the City of Bastrop, Texas. The tract is currently zoned SF-7; Single Family Residential; and
WHEREAS, pursuant to Section 36, Use Regulation, of the City of Bastrop Zoning Ordinance requires a Conditional Use Permit for a school facility to be placed in an area zoned"SF-7" single family residential. The Applicant proposes to locate a performing arts center consisting of a 1,500 seat auditorium and 3,480 square foot theater at 1401 Cedar Street; and
WHEREAS, pursuant to Section 43.4, Special Height Regulation, of the City of Bastrop Zoning Ordinance requires a Conditional Use Permit for a facility to increase the maximum height above the base zoning district for a facility occupied by a government subdivision in an area zoned"SF-7" single family residential. The Applicant proposes to construct a performing arts center with a maximum height of 63 feet and six (6) inches at 1401 Cedar Street; and
WHEREAS, pursuant to Section 33 of the City's Zoning Ordinance of the City of Bastrop, Texas, a public notice has been given, and a public hearing was held on June 26, 2008, by the Planning and Zoning Commission (hereinafter referred to as the "Commission") regarding the Applicant's request for a Conditional Use Permit; and
WHEREAS, following a public hearing on July 8, 2008, and consideration of the evidence and testimony presented therein, the Commission recommended approval of the Applicant's request for a Conditional Use Permit, subject to certain conditions set forth herein; and
WHEREAS, pursuant to Section 33 of the Zoning Ordinance of the City of Bastrop, Texas, a public notice has been given, and a public hearing was held July 8, 2008, by the City Council regarding the request for a Conditional Use Permit by the Applicant; and
WHEREAS, after consideration of the information presented, City Council finds that it is in the public interest to approve the requested Conditional Use Permit to allow for a school facility to be located in a area zoned "SF-7" single family residential and for said facility to be constructed at a maximum height of 63 feet and six (6) inches at 1401 Cedar Street, subject to conditions noted herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:
Part 1: That the Conditional Use Permit requested by Bastrop Independent School District, Bastrop, Texas to allow for a school facility to be located in a area zoned "SF-7" Single Family Residential and for said facility to be constructed at a maximum height of 63 feet and six (6) inches at 1401 Cedar Street and legally described as being a +/- 10.575 acres out of Farm Lot 35 East of Main, City of Bastrop, Bastrop County, Texas, in an area zoned "SF-7", Single Family Residential is hereby approved, subject to compliance with the following conditions:
- Post restrictions against loitering on the grounds after the conclusion of an event.
- The shrubs planted to form the hedge row shall be a minimum of three feet in height at time of planting and achieve a height of six feet within five years.
- A cluster of trees shall be planted south of the performing arts center in such a manner that visual screening is achieved from the southern properties.
- Structures shall have fully automatic sprinkler systems for fire protection in accordance with NFPA-13 (National Fire Protection Association).
- Building permits shall be applied and secured within one year of the approval of the conditional use permit and prior to construction.
- BISD take appropriate steps for pedestrian safety during day events.
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 8th day of July 2008.
READ and ACKNOWLEDGED on the Second Reading on the 22nd day of July 2008.
