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HomeMy WebLinkAboutOrdinance No. 2000-49 � , , , ° , . ORDINANCE NO. 2000-49 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, BY GRANTING A SPECIFIC USE PERMIT FOR A RESIDENTIAL GATED COMMUNITY LOCATED ON LOTS 53, 54, AND 55 OF THE HOIDALE AND COFFMAN SUBDIVISION; 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 November 6, 2000, to consider an application for a specific use permit for a residential gated community, to be located in The Forest Subdivision, on part of Lots 53, 54, and 55 of the Hoidale and Coffinan Subdivision; 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 in such hearing all persons attending were allowed to be heard on the question of whether or not the expansion of the use allowed on said property by allowing a residential gated community 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 WHEREAS, the Friendswood Planning and Zoning Commission voted at its November 16, 2000, meeting to recommend approval of the application; 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 use is not Residential Gated Community-SUP 12/19/00 Pagel detrimental to the community, and is in conformance with the Comprehensive Master Plan and the zoning ordinance; 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, is hereby amended by amending the zoning classification of a certain 14.899 acres of land out of Lots 53, 54, and 55 of the Hoidale and Coffinan Subdivision, described further in the metes and bounds description attached as Exhibit "A", to allow the use of such described property for a residential gated community. All such facilities and related improvements shall be constructed on the site in accordance with the site development plan presented to Commission and Council at the public hearing of November 6, 2000, which is on file with the Community Development Department. Section 2. The official zoning map of the City shall be revised to show the above described tracts rezoned to SPECIFIC USE—RESIDENTIAL GATED COMMLJNITY. Section 3. 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 tracts described in Section 1 to SPECIFIC USE—RESIDENTIAL GATED COMMUNITY. Section 4. 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. Residential Gated Community-SUP 12/19/00 Page2 Section 5. 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. PASSED AND APPROVED on first reading this 4th day of December , 2000. PASSED, APPROVED, and ADOPTED on second and final reading this l8th day of December , 2000. Harold L. Whitaker Mayor ATTEST: MOZ'ION: COUNCILMEMBER MEL MEASELES , 2ND: COUNCILMEMBER KITTEN BRIZENDINE APPROVED: Unanimously Deloris McKenzie, T C City Secretary Residential Gated Community-SUP 12/19/00 Page3 FROM :• EOASTA'L BEND `" � 'ERTY DEV.LLC FRX N0. : 713-242-8916 Oct. � 2000 04:37?M P2. EXHIBIT "A" FIELD NOTES fvr . TIMBER CREEK VlL.l,AGE ALL OF THAT CERTAIN 14.899 ACRE TRACT OF LAND OUT OF LQTS 53, 54, AND �5 OF THE HDlO/lLE/�ND COFFMAN SUBDIVISION ACCORDING TO THE PLAT FILED 1N VQf l.1MF 215, PAGE 394, GALVESTON COUNTY MAP R�CORDS, SITUATEO IN THE PERRY AND AU8T1N l.E/\CUE, ABSTRACT 20, FRIENDSWOOD, GALV�STOM COUNTI, TF�CAS, ANrI AE..SO BEING OUT OF A 385.385 ACRE TRACT ONE IN THE DEED FROM NATIONS SAPIK OF � TEXAS, N.A., TRUSTEE TO COASTAL BEND PROPER7Y DEVELOPlUIENT, L.L.C., RECORDED IN CLERK'S MICRO FILM NO_ 011�9-2341 OF GALVESTON COUNTY, TEXAS, AND ALSO BEINO OUT OF A 43.954� ACRC TRACT IN THE DEED FROM URIEL H. JONES TO COASTAL BEND PROFER7Y QEVELOPMENT, L.L.C., RECORDED IN COUNTY CLERK'S FILE NO. 2000-00-1771 OF GALVC�TON COUNTY, TEXAS, AND BEING AAORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A FOUND 518 INCH IRON ROD WiTH CAP MAR}QNG THE NQRTHWEST GUFtN�R OF TFiE FOREST OF FRlENDSWOOD SECTION 5 ACCORDlNG TO TFiC PLAT THEREOF FIl.ED IN VOI.UME 98, PAGE 99�-992, GALVESTON COUNTY MAP RECORDS, SAiD P�INT AL50 BEiNC�A SOUTMWEST CORNER OF PROPOSED THE FOREST SECTION 10 AND ALSO BEfNG IN THEEASTERLY EASEMENT LIN� OF A 30-FOOT PHILLIPS PtPELlNE EASEMENT RECUl�UEU !N COUNTY CLERK'S FtLE M057868 OF HARRIS COUNTY, TEXAS; THENCE, NORTH 16° 15' 55" EAST, ALONG THE AFORESAID 30-FOOT PNILLIPS PIRELINE FASEMENT AND PROPOSED THE FOREST, SECTION 10,A DlSTANCE OF 899.18 FEET 7U A SET 5/8 INCH IRON R4D WfTH CAP FOR CORNER; THENCE, NORTH �1� ��' ��" FAST, ALA(�NG THE AFORESAID 30-FOOT PMILLIPS PIPELINE EASEMENT AND PROPOSED THE FOREST SECTION9 'f0 AND 12, A DISTANCE OF 912.91 FFFT TO A SET 5I81.NGH 1RON ROD WITH CAP FOR CORNER; THENC�, NORTH 47° 03' 10" EAST, ALONG THE AFQRESAID 3a-F{�nT PHII I IPS PIPELIAIE EASEMENT AND PROPOSED THE FOREST SECTION 12, A DISTANCE OF 98.71 FEET TO A 8ET 6/8 INCH IRON ROD WITH CAP FOR CORNER; THENCE, NORTH �3^ 20' 22" CAvT, AL�NG THE AFORES1llD 3Q FOOT PHtLLIPS PIPEIINE FASEMENT AND PROPOSED THE FOREST SEC714N 12, A DISTANCE OF 421_62 FEET TO A SET�/9 INGH IRON ROD FOR CORNCR MARKINC THE WES7 CORNER OF TH� HEREIN DESCRIBED TRACT AND THE NORTH CORNER OF PROPOSED THE FOREST SECTION 12 aNU BEIN�THE pLRGE OF 6EGWNfNG, THENCE, NQR I H b3° ZU' 72" EAST, ALONG THE AFORESAlD 30-FOOT PHILLlP3 PIPCLINC EASEMENT, A �IS7ANCE OF 677_09 FEET TO THE CENTERLIIdE OF CLEAR CREEK FOR CORNER, SAlD POINT BEING A NUht!H C:UKNEf2 OF THE HEREIN DESCRIBED TRACT, THENCE, SOUTH 05° 23' S0" WEST, ALONG THE CENTERLINE O� C;L�AK C;KEEK, A DISTANCE OF 6.59 FEET TO A POtNT FOR CORNER; 'THENCF, Sc'311TH 80° 38' 39" EAST, ALONG THE CENTERLINE OF CLEAR Cf2EEK, A DISTAPiCE OF 148.$� FEET TO A PO(NT FOR CORNER; THENCE. NORTH 61° 15' 5�" EAST, ALONG THE CENT�RLINE OF CLEAR CREEK, A DISTJWCE OF�99.93 FEET TO A POINT FOR CnRNER; THENCE, SOUTH ��1� 2�1' 35" EAST, ALnNG THF CFNTFRI.tNE �F CLEAR CREEK. A DISTANCE OF 26fl.58 FEET TO A POINT FOR CORNER; TNENCE, SOUTH 06° 22' 56" EAST, ALQNG THE PROPOSEO CENTERLINE OF CLEAR C�cCI<, A ���TANC6 oF*coo.30 FEEr To A pOiNT F�R r_nRNER; Received Time Oct � 4� 4:40PM �AGElOFI :�ROM : �OASTAL BEtJD ' =RT`�' DEIJ.LLC FAn tJO. • ?13-2�2-8916 0�I,. 2��� ��:38PM P3 THENCE, SOUTH Qa^ 37' S0" WEST, ALONG THE CENTFRi INE OF CIEAR CREEK, A DISTANCE OF 81.58 FEET TO A POINT FOR COftNER; THtN(:t, SOUTH '18° 58' 10" WEST, AI.ONG THE CENTERLINE OF CLEAR C;REEK, A DISTAN�F nF 108_18 FEET TO A POINT FOR CORNER; THENCE, SOU!H 14" 28' 04" WEST, AtONG TI IC CENTERLINE OF CLEAR CREEK, A DISTRNCE OF 156.20 FEET'Tf.)A POINT FOR CORNER; TH�NCE, SOU(H 22" 1Z' S3° WEST, ALONO Tt�IC CEl�ITERUNE OF CLEAR CREEK, A DiST11NCE OF 69.87 FEET TO A PQINT F�R CORNER; THENCE, SOUTH 46° 24' 12" WES I, ALONG THE CENTERLtNE OF CLCAR CREEK, J� DISTANCE OF 60.52 FEETTO A POW7 FQR C;ORNER: THENCE, SOUTH 31° 08' 26" WEST, ALONG 1 HE CENT�RLiNE O� CLEAR CREEIS A DISTANC�OF�i3_51 �CCT TO A POINT FOR CORNER; THENCE, SOUTH 05° 31' 58° WEST, ALONG THE CENTEKLINE OF CLEAR CREEK, A DISTRNCE OF 7.89 FEET TO A POlNT FOR CORNER MARKING A SOUTN CORNER OF THE' HFRFIN DESCRIBED TRACT AND THE EAST CORNER OF PROPOSED THE F4REST SECTION 12; �NENrE, NORTH 84° 28' 02" WEST, ALC3NG A NORTHEASTERLY 60UNDARY OF _ PROPOSED THE FOREST SECTION 12, A DlSTANCE OF 175.00 FEET TU A SET 5/8 tNCH IRON RUU W?TH CAP FOR GORNER; THENCE, NORTH 36° 23' 09" WEST, ALONG A NOR7HEASTERLY BOUNDAKY Uf PROPOSED THE FUKtST �ECTION �i2, A DISTANCE OF 137_78 FEET TO A SET 5/8 lNCH IRON ROD WITH CAP FOR CORNFR; THENCE, NORTH 3'i° Z3' 43" WEST, AI.ONG A NORTHCAi7ERLY BOUNDARY OF FROt'O�ED THE FOREST SECTIc�1�t 1�, A DISTANCE OF 133.33 FEET' TO A SEf 5/8 iNCN tRON ROD WITH CAP FOR CORN�R; TtiENCC, NORTH 38° 38' 28' WEST, A� (�Nt� a NORTHEASTERLY BOUNDARY OF PROPOSED THE FORES7 SEC710N 12, A DISTANCE OF 152.08 FEE7 TO A SET 5/8 INCH lRl3N ROD W1TH CAP FOR CORNER; THFNCE. NORTH 44° 20' 02" WEST, ALONG A NORTHEASTERLY BOUNDARY OF PROPOSED THE FOREST SECTiON 12, A DISTRNCE UF- t33_59 FEET TO A SET 5!8 iNCH IKON ROD WITN GAP F4R CORNER; THENC�, NORTH 49° ss� 39" WEST, ALONG THE NORTHEASTERLY E3UUNDARY L3NE OF 1'KUFOSED TtiE FOREST SECTION 1Z, A DlSTANCE OF 199.81 FFFT Tn A SET 5/8 INCH iRQN ROD WiTH CAP FOR CONRER; THENCE, NORTH 55° 45' 53" V1!'EST, ALONG A NORTHEASTERLY B4UNDARY OF PROPOSED THE FQRFST SECTION 12, A DfSTANCE O� 133.33 FEET' TO A SET 5/8 INCH IRON ROD WITH CAP FOR CORNER; Ti ICNCE, NORTH 61° 04' �3° WFST, ALONG A NORTHEASTERLY BOUNDARY OF PROPOSED THE FOREST SECTION 12, A DISTANCE OF 18�:06 FEET TO TH� PLACE UF BEGINNING AND CONTAtNINt� 14,899 AGRES"OF LAND, MORC OR LESS. C:1WordlMyDocslSection 12A(Timb2r Creek�Ilage)�FieM Notes Received Time Oct . 4. d�:40PM �A��ZO�2