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Home My WebLink AboutOrdinance No. 2001-26 �\ � • � /� 1 • • ORDINANCE NO. 2001-26 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 66.3119-ACRE PARCEL OF LAND FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (SFR) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD); GRANTING A SPECIFIC USE PERMIT (SUP) FOR CERTAIN RESIDENTIAL USES AS A GATED COMMUNITY WITH PRIVATE STREETS, SAID PROPERTY BEING OUT OF THE I.G.N.R.R. SURVEY, ABSTRACT 622, AND KNOWN AS THE LAKE AT SAN JAOQUIN AND DESCRIBED BY METES AND BOUNDS; IMPOSING CERTAIN CONDITIONS; PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. � � * � � WHEREAS, D.R. Horton — Texas, Ltd and J. M. Rebescher is the owners (the "Owners") of a certain parcel of land presently zoned Single-Family Residential District (SFR) pursuant to the City's Zoning Ordinance, as amended; and WHEREAS, the Owner has made two applications to the City; the first to change the zoning classification of said parcel, same being more particularly described herein, from Single- Family Residential District (SFR) to Planned Unit Development District (PUD), and the second to consider an application for a Specific Use Permit to allow a residential gated community/private street on said tract of land; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the Zoning Ordinance of the City, a public hearing on such requests, and at such hearing all persons attending were allowed to be heard on the question of whether or not the zoning change and use of the property, as requested, FWD/SFR to PUD&SUP/Lake@ San Joaquin 1/8/02 . . � , would affect the public health, safety, morale, convenience, or general welfare of the citizens of Friendswood; and WHEREAS, the Planning and Zoning Commission has considered and recommended in favor of both applications, and the City Council now deems it appropriate to grant such requests and determined that such change in zoning change and the granting of such Specific Use Permit are not detrimental to the community, and is in conformance with the Comprehensive Master Plan 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. The zoning classification of the property municipally known as The Lake at San Joaquin, and being further described as a 66.3119 -acre tract of land out of the LG.N.R.R. Survey, Abstract 622, the metes and bounds of which are attached hereto as Exhibit "A" and made a part hereof, is hereby changed from Single-Family Residential District (SFR) to Planned Unit Development District (PUD). The zoning classification of such property is hereby further changed by granting a Specific Use Permit (SUP) to allow the use of such described property for a residential gated community/private street. All such facilities and related improvements shall be constructed on the site, in accordance with the site development plan presented to the Commission and City Council at the public hearing held on October 15, 2001, which plan will be available in the files of the Community Development Department. FWD/SFR to PUD&SUP/Lake�San Joaquin 1/8/02 Page 2 , , ��, , Section 3. Provided further, that such use shall be constructed in accordance with the following conditions which make the proposed use more compatible with the City's Comprehensive Plan and adjacent land uses: a. Restrictive covenants for the subdivision shall be submitted for review and approval by the City Attorney. The covenants shall specifically put all future property owners on notice of their responsibility for street and streetlight maintenance, and the future costs associated therewith. The covenants shall further include notice to all property owners that under Texas law, law enforcement officials are prohibited from enforcing city ordinances on private streets, and notify property owners of their petition rights to request enforcement pursuant to SB 217 (77th Legislature). Proof of filing of such covenants shall be required prior to issuance of building permits. b. Gate access shall be coordinated with all emergency services with regard to the type of gate to be used, method of entry, and other matters. All emergency services shall be immediately notified if any changes are made to the gates or limited access equipment are made. c. The City specifically reserves the right to assess costs for street maintenance and repair of the private streets located within the subdivision if the homeowners association fails to adequately maintain the streets or the provision of public safety services are jeopardized. Notice of such assessments and repairs shall be provided first to the homeowners association or other legal representative, and to all individual homeowners after the passage of 180 days, if corrective action is not taken. Section 4. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 66.3119-acre tract of land out of the I.G.N.R.R. Survey, Abstract 622, and known as The Lake at San Joaquin, as a Planned Unit Development District FWD/SFR to PUD&SUP/Lake @San Joaquin 1/8/02 Page 3 . . �. (PUD), and the issuance of a Specific Use Permit (SUP) — Gated Community, with the appropriate references thereon to the number and effective date of this Ordinance and a brief description of the nature of the change. Section 5. 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 zoning classification of said 66.3119-acre tract of land out of the I.GN.R.R. Survey, and known as The Lake at San Joaquin, to Planned Unit Development District(PUD) as described above. Section 6. 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 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 Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 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 $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this lOth day of December, 2001. PASSED, APPROVED, and ADOPTED on second and final reading this 7th day of January, 2002. Harold L. Whitaker Mayor FWD/SFR to PUD&SUP/Lake @San Joaquin 1/8/02 Page 4 ..-. ATTEST: . � Deloris McKenzie, T MC City Secretary MOTION: COUNCILMEMBER LARRY TAYLOR 2ND: COUNCILMEMBER MEL MEASELES APPROVED: 6-1 (Kim Brizendine opposed) FWD/SFR to PUD&SUP/Lake C�San Joaquin 1/8/02 Page 5 FROM•:, S�lE1T2ER+RSSDCtATE�- FA;; raD. : 2813a51i�6 Sea. 13 200i 02�17PM • • � ��.�1��2�30��1`�. ��a �,� c.a,,, • �� . �� +� � � . cv t!''lr.� r,�. °# C3? '� �2rn n4 �J � i,�s �� y� �,,.�� 7�� »cJ L/} � � ��I.T'� '�� (�(/ . �, ,yr �!' � . � t ��(��,� ��,�+,. � ; � �� , t , ��- �' � . � . �t �. . � . c �,, � . � �Tl� � � t 1 - . . � ' � �� _ '" �} � �� ` . ` . . � � . :' � � � � � � ..o: '`� � � � � � � � �� - �� c �� . . ; � � � � � �.. � �� ..r� _._......�- DESCRIPTION Of 66.3119 acres or 2,888,548 square feet of land situated in the I.G.N.R.R.�O.Survey,Abstract No.622, Galveston County,Texas and being out of that certain 76.67 acre tract of land conveyed to J.Michae�Rebescher, Trustee in a deed dated May 16, 1995,recorded in File No.GAC 9518517 in the Office of the County Clerk of Galveston County,Texas,said 66.3119 acres of land being more particularly described by metes and bounds as follows;(bearings based on the that certain Final Plat of San Joaquin Estates Section 2,recorded in Volume 17,Page 63 in the Office of the County Clerk of Galveston,Texas) BEGINNING at a 1 inch iron pipe found at the most Northerly oorner of the L&G.N.R.R.Co. Survey No.5,same being located in the Southwesterly line of the Mary Fabreau Survey,Abstract No.69 as recorded in Volume 199, Page 515,and being the Southerly Northeast corner of said 76.67 acre tract and the most Northerly corner of a 253.896 acre tract of land conveyed to George A.Bofysil,Jr.in Volume 2083,Page 848 of the Office of the County Clerk of Galveston County,Texas; THENCE South O1°15'35"East,along a common line between said 76.67 acre tract and said 253.896 acre tract,a distance of 1,733.50 feet to a 5/8 inch iron rod set for corner,same being the Southeast corner of said 76.67 acre tract and an interior corner of said 253.896 acre tract; THENCE South 89°41'24"West,along another common line between said 76.67 acre tract and said 253.896 acre tract,a distance of 1,999.49 feet to a 5/8 inch iron rod found for corner,same being the Southeast corner of that certain tract of land know as Tract I,conveyed to James allen Marshall,II et u�c,County Clerk's File No.GAC 9845185 in the Office of the County Clerk of Galveston County,Texas; THENCE Nortli O 1°12'43"East,along the East line of said Tract I,a distance of 217.17 feet to a 5/$inch iron rod set for an angle point; THENCE North 15°54'S3"West,continuing along said East,a distance of 9415 feet to a 5/8 inch iron rod set for an angle point; THENCE North Ob°33'S0"West,continuing along said East,a distance of 41.13 feet to a 1/2 inch iron rod found for comer,same being the Northeast corner of said 4.464 acre tract; ''�y'�)r n r } %�? ,�, .�; Page 1 of 3 ��'�x"�;� � 4J�� :�� 1 ��).� /`� � �� CiC i �tr � J! � '��• �. � '�� ;�� `, ;��: � ��}�-��= �� j,. , � � � �� , �t'� <-�� . ��, � ��a� �� c��o°C�o� �� . \�' �ry�°�� ', . iy"�. pn�P�' r�° \�'',^� �"'.�� +� .'� DESCRIPTION CONTINUED THENC�South 89°54'00"West,along the North line of said Tr�ct I,a distance of 535.53 feet(call 535.60 feet)to a 5/8 inch iron rod set for corner,in the Easterly line of the El Dorado Subdivision(unrecorded),same being the Northwest corner of said Tract 1; THENCE North 00°03'06"West,along the East line of said EI Dorado Subdivision(unrecorded),a distance of 243.59 feet(called 243.15 feet)to a 5/8 inch iron rod set for corner in the Southerly line of the Amended Replat of San Joaquin Estates as recorded in Volume 18,�age 230 in the Office of the County Clerk of Galveston County, Texas; THENCE South 89°58'20"East(South 89°59'20"West),along the Southerly line of said Amended Replat,a distance of 488.82 feet(ca11488.70 feet)to a 5/8 inch iron rod set for corner in the East line of Lot 16 of said Amended Replat; THENCE North 00°15'48"East,along said East line,a distance of 51.04 feet to a 5/8 inch iron rod set for corner in said East line,same being the Southwest corner of that certain 10.0 acre tract of land conveyed to J.Michael Rebescher and wife,Jane Rebescher; THENCE South 89°58'20"East,along the South line of said 10 acre tract,a distance of 676.01 feet to a 5/8 inch iron rod set for comer in the East line of said 10.0 acre tract; THENCE North 00°34'24"East,along said East line,a distance of 665.67 feet to a 5/8 inch iron rod set for comer, same being the Northeast corner of said 10.0 acres,and being in a North line of said 76.67 acre tract,said corner bearing North 89°38'49"West,a distance of 676.00 feet from the Northeast corner of Lot 16 of said Amended Replat of San Joaquin Estates and the Northwest corner of said 10.0 acre tract; THENCE South 89°38'49"East,along said North line of said 76.67 acre tract,a distance of 165.04 feet to a 5/8 inch iron rod set for corner in the Southeasterly line of a 60 foot wide Community Public Service Company Easement as recorded in Volume 1715,Page 69,in the Office of the County Clerk of Galveston County,Texas THENCE North 45°13'19"East,along the Southeasterly line of said 60 foot wide Community Public Service Company Easement,passing at ll 2.88 feet the most Southerly corner of Lot 19 of San Joaquin Estates,Section 2,as recorded in Volume 17,Page 64 in the Office of the County Clerk of Galveston County,Texas,continuing along a common line between said Southeaster�y line and the Northwesterly line af a 30 foot wide Temparary Drainage Easement,a distance of 1,152.64 feet to a 5/8 inch iron rod set for corner in the most Northeasterly line of said Section 2; Page 2 of 3 DESCRIPTION CONTINUED THENCE South 44°48'00"East,along the most Northeasterly line of said Section 2,a distance of 527.46 feet to the PLACE OF BEGINNING,containing within these calls 66.3ll9 acres ar 2,888,548 square feet of land. WITNESS MY HAND AND SEAL THIS 16TH DAY OF AUGUST, 1999. Revised 9-30-99 '� .O F TF � ,�` ��G�*�'��'N ------- �� - ..::...........°.:... ' - = -------- ------------------�---------_�------------------------------ J.GARLYN RAINWATER J.GARLYN RAINWATER •••rq••••••••••�_... Registered Professional Land Surveyor No.4722 �.y';oF47� a:•�Q �L o,•�l :::�. FOSTER-RAINWATER&ASSOCIATES SURV�YING O S�� 6059 WEST BROADWAY PEARLAND,TEXAS 77581 PHONE: (281)412-6586 FAX:(281)412-9025 09-20-0 l JOB No.99059 C:\99FILES\99059\99059.wpd Page 3 of 3 . _ ``�J� �/ y+�s� �r� <, �`� � �,'�°j'� 90 b �� `�91, SAti fAIGLL£L DR. �b,� o`t N a��r ��' y� 04 J� � �N h°� �� kY � � \\ V LAKE AT SAN JOAQUlN �p DR