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HomeMy WebLinkAboutOrdinance No. 2003-02 Title: An Ordinance granting a Specific Use Permit to the Hope Lutheran Church of Friendswood, to authorize development and use of 8.136 acres located at 1804 South Friendswood Drive for Religious Organization purposes. ORDINANCE NO._2Q0�02 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GRANrING A SPECIFIC USE PERMIT TO HOPE LUTHERAN CHURCH FOR USE OF 8.136 ACRE5 OF LAND LOCATED AT 1804 SOUTH FRIENDSWOOD DRIVE, FOR RELIGIOUS ORGAI�IIZATION PURPOSES; IMPOSING CERTAIN CONDITIONS AND LIMITATIONS AS A CONDITION OF THE GRANTING OF SUCH SPECIFIC USE PERMIT; PROVIDING FOR THE AMENDMENT OF TI� ZOIVING DISTRICT MAP OF T'HE CITY AS ADOPTED BY ORDINANCE NO. 84 15, AS AMENDED, SAME BEING THE ZOIVING ORDINANCE OF THE CITY; CONTAI1vING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. * � * � � WI�REAS, the Hope Lutheran Church of Friendswood (the "Owner"), has requested a Specific Use Permit for 8.136 acres of land, more or less, located at 1804 5outh Friendswood Drive, Friendswood, Galveston County, Texas, said tract being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes; and WHEREAS, the Property presently has an underlying zoning classification of Single Family Residential ("SFR") pursuant to Ordinance No. 8415, as amended, originally passed and approved the 19th day of November 1984, same being the Zoning Ordinance of the City; and WHEREAS, the Owner has made application to the City for the granting of a 5pecific Use Permit to authorize use of the Property for religious organization uses, as authorized by the City's Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission and the City Council of the City have, in the time and manner and after the notice required by law and the City's Zoning Ordinance, conducted a public hearing on such request for the granting of the Specific Use Pernut described above; and WHEREAS, the Planning and Zoning Commission has recommended and the City Council now deems it appropriate to approve such request; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Sr�rtinn 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section2. A Specific Use Permit for use of the Property for Religious Organization purposes, subject to the terms and conditions set forth below, is hereby granted. Cr�rtinn 3. The Zoning District Map of the City shall be revised and amended to show the Specific Use authorized hereby for the Property as provided in Section 2 hereof, with the appropriate references thereon to the number and effective date of this Ordinance and a br�f description of the nature of the Specific Use authorized. SPrtio�4. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City, save and except the granting of the Specific Use Pernut as herein provided. Section�. The Specific Use Pernut granted hereby shall be null and void after the expiration of two (2) years from the date of adoption hereof, unless (i) construction or use in accordance herewith is substantially underway during said two-year period, (ii) an extension of time is approved by City Council as otherwise authorized by Section �H-7 said Ordinance No. 84-15, as amended, or (iii) the development is based on a longterm multi-phased master plan, in aoos-oz 2 � . .P.=�, ..�. , which case there shall be no expiration date. If said development is subject to a longterm master-phased plan, such plan shall be attached hereto and made a part hereof as E�chibit "C" . Sectionb. The Specific Use Permit granted hereby shall also be subject to the following conditions: 1. Construction and use of facilities shall be in accordance with the application, including all plans attached thereto, all as set forth in E�chibit "B" attached hereto and made a part of this Ordinance for all purposes. 2. 3. Cr�tinn 7, Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Section_8. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person 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 than the part declared to be invalid or unconstitutional; and the Ciry Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the Zoo3-oz 3 omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 6th day of January, 2003. PA5SED, APPROVED, and ADOPTED on second and final reading this 20th day of January, 2003. C.,-���� ��� � � ; � Harold L. Whitaker Mayor ATTEST w � De oris McKenzie, T C City Secretary MOTION : COUNCILMEMBER JEP.RY ERICSSON 2ND : COUNCILMEMBER TRACY GOZA APPROVED : UNANIMOUSLY 2003-02 4