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HomeMy WebLinkAboutOrdinance No. 2009-14 (Title: An ordinance approving an amendment to PUD-SUP Ordinance No. 2007-09 regarding a 5.0 acre tract located at 1423 Parkwood Ave (The Gardens at Friendswood Lakes) to amend the site plan to add garages, a pavilion, and a swimming pool.) ORDINANCE NO. 2009-14 AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, ' TEXAS, ORDINANCE NO. 2007-09, SAME BEING AN AMENDMENT TO APPENDIX C (ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY, SAID ORDINANCE NO. 2007-09 THAT CHANGED THE ZONING CLASSIFICATION OF A 5.0 ACRE TRACT OF LAND LOCATED AT 1423 PARKWOOD FROM COMMUNITY SHOPPING CENTER (CSC) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) AND GRANTED A SPECIFIC USE PERMIT TO AUTHORIZE USE OF PROPERTY WITHIN SAID PUD FOR SENIOR CITIZEN MULTI- FAMILY PURPOSES; PROVIDING FOR AN AMENDMENT OF THE SITE PLAN FOR SUCH PLANNED UNIT DEVELOPMENT TO ALLOW GARAGES, A PAVILION, AND A SWIMMING POOL; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, pursuant to Ordinance No. 2007-09, the City Council approved a change in the zoning classification of a 5.0 acre tract of land, more or less, located at 1423 Parkwood within the City, from Community Shopping Center (CSC) to Planned Unit Development (PUD-SUP), and also granted a Specific Use Permit for Senior Citizen Multi-Family uses; and WHEREAS, the owner of such property has requested that the site plan attached to the specific use permit be amended to allow the addition of garages, a pavilion and a swimming pool; and WHEREAS, the Planning and Zoning Commission and the City Council conducted a joint public hearing to consider such application; and i WHEREAS, the hearing was duly called as provided by the laws of the State of Texas and Appendix C of the Code of Ordinances of the City, and that in such hearing all persons attending were allowed to be heard on the question of whether or not the change of the Specific Use Permit allowing addition of garages, a pavilion and a swimming pool in accordance with the amended site plan would affect the health, safety, convenience, or general welfare of the citizens of Friendswood, and whether or not such change would violate the rights of any interested person; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council which recommends approval of the application; and WHEREAS, as a result of the said public hearing and the recommendation of the Planning and Zoning Commission, the City Council hereby finds and determines that the proposed amendment to the Specific Use permit would not be detrimental to the community, and is in conformance with the zoning ordinance and comprehensive plan for development of the City; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. City of Friendswood, Texas, Ordinance No. 2007-09, same being an amendment to Appendix C (Zoning Ordinance) of the Code of Ordinances of the City, said Ordinance No. 2007-09 changing the zoning classification of a 5.0 acre tract of land (the "Property") located at 1423 Parkwood from Community Shopping Center (CSC) to Planned Unit Development (PUD-SUP), and granting a Specific Use Permit to authorize use of the Property for Senior Citizen Multi-Family uses, is hereby amended as follows: A. The SUP Site Plan referred to in Section 4A of said Ordinance No. 2007- 09 is hereby revised as described in the "Amendment to SUP Site Plan," same being attached hereto as Exhibit "A" and made a part hereof for all purposes. Development of the Property shall comply with the Amendment to SUP Site Plan. Section 3. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City of Friendswood, save and except the change in the Site Plan for the Property as described above. Section 4. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person I or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Ord.2009-14 2 Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 5. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 6`h day of July,2009. PASSED,APPROVED, and ADOPTED on second and final reading this 20tn day of July,2009. David J.H. Smith Mayor ATTEST: of pRtEpos A law; De oris McKenzie, TRMC City Secretary OF Ord.2009-14 3 . . 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