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HomeMy WebLinkAboutOrdinance No. 2000-30 ORDINANCE NO. `2000-30 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 32.69 ACRES ALONG WEST BAY AREA BOULEVARD AT PARK BEND DRIVE; 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 July 10, 2000, to consider an application for a specific use permit for a residential gated community, to be located on 32.69 acres along West Bay Area Boulevard at Park Bend Drive; ar.d 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 July 20 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 8/21/00 Pagel detrimental to the community, and is in conformance with the Long Range Land Use Plan and the comprehensive 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 certain 32.69 acre tract of land, located along West Bay Area Boulevard at Park Bend Drive, 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 July 10, 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 COMMLTNITY. 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—RESIDETNAIL GATED COMMUIVITY. 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 Residential Gated Community-SUP 8/21/00 Page2 ,.._ ---, � . 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 7th day of August , 2000. PASSED, APPROVED, and ADOPTED on second and final reading this 21st day of August , 2000. Harold L. Whitaker Mayor ATTEST: . � . Deloris McKenzie, T C City Secretary MOTION: COUNCILMEMBER P�EL MEASELES 2ND: COUNCILI�EI��BER KITTEN BRIZENDINE APPROVED: 6-0 Residential Gated Community-SUP 8/21/00 Page3 50.04 ACRES OUT OF TI-� JOHN DICKSON SURVEY A-15 AND THE SARAH McKISSICK SURVEY, A-549 HARRIS COITNTY, TEXAS Description of a 50.04 acre (2,179742 square feet) tract of land being out of a called 128.897 acre tract of land described in the deed to Autumn Creek Development, LTD. and Harris County L.P., Inc., recorded under Harris County Clerk's File Nos. S953732 and S953733 and being situated in the John Dickson Survey Abstract No.15 and the Sarah McKissick Abstract No. 549, Harris County,Texas. Said 50.04 acres being described as follows: BEGINIVING at the intersection point of the westerly line of West Bay Area Boulevard called 12.501 acres,recorded under Harris County Clerk's File No. S604467 with the southeast corner of Autumn Creek Multi-Family Tract "One" called 24.65 acres,recorded in Harris County Clerk's File No. T441346; THENCE, South 22°12'47" West, with said westerly right-of-way line of said West Bay Area Boulevard, a distance of 1289.99 feet to the point of a curve to the left; THENCE, southwesterly, with said curve to the left, having a radius of 2050.00 feet, through delta angle of 26°53'43", the chord bears South 08°45'S6" West, a distance of 953.48 feet, for a total arc length of 962.29 feet to a point for corner°, THENCE, South 84°50'48" West, leaving the westerly line of said West Bay Area Boulevard, a distance of 37.80 feet to a point for corner; THENCE, North 35°07'11" West, a distance of 41.88 feet to a point for corner; THENCE, North 41°30'17" West, a distance of 75.20 feet to a point for corner; THENCE, North 77°46'20" West, a distance of 39.60 feet to a point for corner; THENCE, South 37°46'06" West, a distance of 106.81 feet to a point for corner; TI�NCE, South 67°51'08" West, a distance of 41.85 feet to a point for corner; T'HENCE, North 74°04'07" West, a distance of 36.58 feet to a point for corner; THENCE, North 55°58'4b" West, a distance of 76.98 feet to a point for corner; THENCE, South 67°04'19" West, a distance of 40.61 feet to a point for corner; THENCE, South 03°14'28" East, a distance of 72.07 feet to a point for corner; THENCE, South 18°11'37" West, a distance of 50.57 feet to a point for corner; THENCE, South 38°19'20" East, a distance of 86.26 feet to a point for corner; THENCE, South 00°25'23" East, a distance of 29.48 feet to a point for corner; TI�NCE, South 22°40'S3" West, a distance of 57.03 feet to a point for corner; THENCE, South 70°31'S1" West, a distance of 39.78 feet to a point for corner; THENCE, North 49°21'41" West, a distance of 37.53 feet to a point for corner; THENCE, North 63°41'00" West, a distance of 52.09 feet to a point for corner; THENCE, North 79°16'02" West, a distance of 52.80 feet to a point for corner; THENCE, South 56°40'10" West, a distance of 32.67 feet to a point for corner; THENCE, South 21°35'S8" West, a distance of 112.59 feet to a point for corner; THENCE, South 43°58'38" West, a distance of 112.42 feet to a point for corner; THENCE, North 88°45'46" West, a distance of 14.86 feet to a point for corner; THENCE, North 32°34'30" West, a distance of 85.50 feet to a point for corner; THENCE, North 06°53'S3" West, a distance of 87.56 feet to a point for corner; TI�NCE, North 24°59'S9" West, a distance of 69.54 feet to a point for corner; TI�NCE, North 28°56'12" East, a distance of 216.07 feet to a point for corner; THENCE, North 09°54'13" East, a distance of 149.73 feet to a point for corner; THENCE,North 21°57'43" West, a distance of 132.41 feet to a point for corner; TI�NCE, North 41°13'S7" West, a distance of 101.08 feet to a point for corner; THENCE, North 71°09'11" West, a distance of 119.03 feet to a point for corner; THENCE, North 76°32'S9" West, a distance of 105.74 feet to a point for corner; THENCE, North 62°55'37" West, a distance of 106.98 feet to a point for corner; THENCE,North 50°14'20" West, a distance of 172.66 feet to a point for corner; THENCE, North 23°41'32" West, a distance of 111.73 feet to a point for corner; THENCE, North 38°22'13" East, a distance of 1770.39 feet to a point for corner; THENCE, North 81°07'20" East, a distance of 692.06 feet to an angle point; THENCE, South 67°47'13" East, a distance of 116.08 feet to the POINT OF BEGINNING and containing 50.04 acres (2,179,742 square feet} of land. Carter&Burgess,Inc. June 5, 2000