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Home My WebLink AboutOrdinance No. 2001-24 ORDINANCE NO. '2001-24 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15 BEING THE ZONING ORDINANCE OF THE CITY, AND BY AMENDING ORDINANCE NO. 136, SAID ORDINANCE GRANTING A SPECIFIC USE PERMIT TO THE CATHOLIC DIOCESE OF GALVESTON-HOUSTON, TO ALLOW A CHURCH ON 7.9041 ACRES, MORE OR LESS, BY AMENDING SAID SPECIFIC USE PERMIT TO INCLUDE AN ADDITIONAL 6.2839 ACRES, MORE OR LESS; BY AMENDING SAID SPECIFIC USE PERMIT BY ALLOWING THE USE OF THE LAND FOR A CHURCH AND RELATED FACILITIES INCLUDING A FAMILY LIFE CENTER, LIVING QUARTERS AND OTHER ANCILLARY FACILITIES AND IMPROVEMENTS AS SHOWN ON THE SITE PLAN DATED OCTOBER 18, 2001, AND IMPOSING CERTAIN CONDITIONS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; 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, the Friendswood City Council and the Friendswood Planning and Zoning Commission conducted a joint public hearing on August 6, 2001, to consider an application for an amendment to a specific use permit for Mary Queen Catholic Church, brought forward by the Catholic Diocese of Galveston-Houston; and WHEREAS, the hearing was duly called as provided by the laws of the State of Texas and Ordinance No. 84-15 of the City of Friendswood, and that at such hearing all persons attending were allowed to be heard on the question of whether or not the inclusion of additional acreage and expansion of the uses allowed on said property by allowing the construction of a family life center on the site would affect the public health, safety, morale, convenience, or general welfare of the citizens of Friendswood, and whether or not rezoning would violate the rights of any interested person; and SUP—Catholic Church/10/31/O1 Page 1 WHEREAS, the City recognizes that there are adjacent property owners who must be provided adequate access to their property; and WHEREAS, the Friendswood Planning and Zoning Commission voted at its October 18, 2001 meeting to recommend approval of the application as shown on the site plan of that same date, presented to Commission and on file with the Community Development Department, and subject to certain conditions which would make the proposed expansion and additional uses more compatible with the adjacent land uses; and WHEREAS, as a result of the said public hearing and the recommendation from the Friendswood Planning and Zoning Commission, the City Council finds that such amendment of the specific use permit is not detrimental to the community, is in conformance with the City of Friendswood long range plan and comprehensive zoning regulations; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That City of Friendswood, Texas, Ordinance No. 84-15, passed and approved on November 19, 1984, and known as the Zoning Ordinance, and Ordinance No. 136, which granted a specific use permit for certain uses to the Catholic Diocese of Galveston- Houston for Mary Queen Catholic Church, located on 7.9041 acres of land, more or less, are hereby amended by amending the zoning classification of certain property described as a total of 14.188 acres, more or less, out of Block 3, Friendswood Subdivision, Sarah McKissick or J.R. Williams League, Abstract 151, Galveston County, Texas, and which property is known municipally as 606 Cedarwood Drive, Friendswood, Texas, and may be known by such other numbering as is assigned in the future for new buildings on the site, to include the additional 6.2839 acres, more or less, being added to the original 7.9041 acres, more or less, within the SUP—Catholic Church/10/31/O1 Page2 boundaries of the Specific Use Permit, and to allow the use of such described property for a church, a family life center, living quarters, and ancillary facilities and improvements as shown on the site plan dated October 18, 2001. All such facilities and related improvements shall be constructed on the site in accordance with the site development plan presented to the Council and Commission, dated October 18, 2001, and which is on file in the Community Development Deparhnent, unless such shall be amended as provided for by City ordinances. Such uses shall be subject to the following conditions, which are necessary to make the proposed increase in area and changes in use more compatible with the adjacent land uses: 1. A final plat for the property has been previously approved by the Commission, but it has not been filed of record. A corrected final plat shall be filed with the Commission and filed of record in order to address certain access issues. To ensure traffic safety and access to adjacent residential uses, the Church will ensure that legal access is assured to all adjacent residential property owners. Such access will be provided through a new access easement 25' in width from Cedar Oak Lane to the existing 25' Roadway Easement (Book 2251, Page 655, G.C.D.R.), with such easement and deed reference number being shown on the subdivision plat of the property. Such access shall be shown on the corrected final plat, and shall be paved to match the existing paving on Cedar Oak Lane. 2. A "911" gate shall be installed along the end of the existing Queens Drive to prevent parishioners from exiting the south corner of the parking lot, and to allow for access by emergency vehicles. 3. The drainage swales shall be constructed on the property as shown on the site plan dated October 18, 2001. SUP—Catholic Church/10/31/O1 Page3 4. A fence shall be required on the Church property adjacent to Cedar Oak Lane, and it shall be a three-rail rustic fence, not to exceed four feet (4') in height. 5. If there are repeated intrusions through the natural vegetation on the southwest and southeast boundaries of the property on which the Family Life Center is to be located, and if repeated efforts by the Diocese at vegetation control do not end the intrusions, and if other reasonable efforts by the Diocese do not end the intrusions, the City may require a�the Diocese�to erect a fence to end the intrusions. 6. Appropriate "no parking" and "dead end streeY' signage shall be placed along Cedar Oak Lane. 7. Construction of the extension of Cedar Oak Lane and placement of all signage shall occur within six(6) months from the date of approval of this SUP. Section 2. The official zoning map of the City shall be revised to show the above described property rezoned to SPECIFIC USE—CHURCH AND RELATED FACILITIES. Section 3. This Specific Use Permit is valid for a period of two years from the date of second reading by City Council, provided however, that the property owner may request such extensions as are available under current City ordinances or as those ordinances may be amended and be in effect prior to the expiration of this approval. Section 4. This Ordinance shall in no way reduce, amend, supplement, or change any provision of any ordinance of the City of Friendswood, other than to accomplish the rezoning of the tract described in Section 1 to SPECIFIC USE—CHURCH AND RELATED FACILITIES. Section 5. 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. SUP—Catholic Church/10/31/O1 Page4 Section 6. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances 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 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 such part thus declared to be invalid or unconstitutional,whether there be one or more parts. e PASSED AND APPROVED on first reading this 5th day of November , 2001. PA5SED, APPROVED, and ADOPTED on second and final reading this 19t� day of November , 2001. Harold L. Whitaker Mayor ATTEST: � ---'�.i D loris McKenzie, RM City Secretary MOTION: COUNCILMEMBER JERRY ERICSSON 2ND: COUNCILMEMBER KITTEN BRIZENDINE APPROVED: UNANIMOUSLY SUP—Catholic Church/10/31/O1 PageS