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HomeMy WebLinkAboutOrdinance No. 2000-47 ORDINANCE NO. 2000-47 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 MIXED-USE COMMERCIAL SITE, ON A CERTAIN TRACT OF LAND, BEING A .8904 ACRE SITE LOCATED IN DIVISION E OF LOT 63 IN THE HOIDALE AND COFFMAN SUBDIVISION, CITY OF FRIENDSWOOD; 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 mixed-use commercial site, to be located on a .8904 acre tract of land on Division E of Lot 63 in 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 mixed-use commercial 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 Timber Creek Golf Club House Mixed-Use Commercial Site-SUP 12/19/00 Pagel 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 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 l. 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 .8904 tract of land located at Division E of Lot 63, in the Hoidale and Coffinan Subdivision more particularly described by the metes and bounds description in Exhibit "A" attached hereto, to allow the use of such described property for a mixed-use commercial site for a golf course clubhouse offering food and beverage (alcoholic and non-alcoholic) sales, golf pro training and instruction, and related retail sales thereto. 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 tract rezoned to SPECIFIC USE—MIXED-USE COMMERCIAL SITE. 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 tract described in Section 1 to SPECIFIC USE—MIXED-USE COMMERCIAL SITE. Timber Creek Golf Club House Mixed-Use Commercial Site-SUP 12/19/00 Page2 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. 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 �8th day of December , 2000. Harold L. Whitaker Mayor ATTEST: MOTION: COUNCILMEMBER KIM BRIZENDINE 2ND: COUNCILMEMBER JERRY ERICSSON • '� , APPROVED: Unanimously Deloris McKenzie, TRM City Secretary Timber Creek Golf Club House Mixed-Use Commercial Site-SUP 12/19/00 Page3 � � , � , ' EXHIBIT "A" METES AND BOUNDS FOR PROPOSED P.U.D. AT TIMBER CREEK GOLF CLUB A TRACT OF LAND GONTAINING 0.8904 ACRES(38,787.66 SQUARE FEET)MORE OR LESS, OUT OF DIVIStON E OF LOT 63 OF THE HOIDALE AND COFFIVIAN SUBDIVISION, SAID DIVISION RECORDED IN VOLUME 3, PAGE 6 OF THE HARRIS COUNTY MAP RECORDS,AND BEING IN THE J.E. PERRY AND E.M. AUSTIN LEAGUE, A65TRACT 55, HARRIS COUNTY, TEXAS,AND BEING IN THE 185.994 ACRE TRACT ONE OF THE DEED FROM NATIONS BANK OF TEXAS N.A., TRUSTEE, TO COASTAL BEND PROPERTY DEVELOPMENT, L.L.C., AS RECORDED IN FILM CODE NO. S903462 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF GALVESTON COUNTY,TEXAS,AND MORE FU�LY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 3/8 INCH IRON ROD THAT MARKS THE WESTERLY CORNER OF DIVISION C, LOT 63, THE NORTHERLY CORNER OF DIVfSION D, LOT 63, T.HE NORTHERLY CORNER OF DlVISION D, LOT63,AND BEING IN THE SOUTHEASTERLY LINE OF DIVISION E, LOT 63, AND THE COASTAL BEND PROEPRTY DEVELOPMENT TRACT ONE; THENCE, SOUTH 41° 19'42"WEST A DISTANCE OF 37.90 FEET TO A POINT FOR CORNER; THENCE, NORTH 47° 39' 24"WEST, A DISTANCE OF 317.45 FEET TO A SET 5/8 INCH IRON ROD WITH CAP MARKING THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT,SAID IRON ROD BEING THE PLACE OF BEGINNING; THENCE, NORTH 47° 39' 24" WEST, A DISTANCE OF 159.62 FEET TO A SET 5/8 INCH IRON ROD WITH CAP FOR CORNER; THENCE, NORTH 42°20'36"EAST A DISTANCE OF 243.00 FEET TO A SET 5/8 INCH IRON ROD WITH CAP FOR CORNER; THENCE, SOUTH 47° 39' 24" EAST, A DISTANCE OF 159.62 FEET TO A SET 5/8 INCH IRON ROD WITH CAP FOR CORNER; THENCE, SOUTH 42° 20' 36" WEST, A DISTANCE OF 243.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.8904 ACRES(38,787.66 SQUARE FEET)OF LAND,MORE OR LESS. 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