HomeMy WebLinkAboutOrdinance No. 99-05 • • � . . ' ,. .
ORDINANCE NO. 9 9-5
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY PASSED AND
APPROVED THE 19TH DAY OF NOVEMBER 1984, AND BEING THE
ZONING ORDINANCE OF THE CITY, BY GRANTING A SPECIFIC USE
PERMIT AUTHORIZING THE USE OF 17.747 ACRES, TRACT I
RESTRICTED RESERVE "A," LOCATED AT WEST BAY AREA
BOULEVARD AND F.M. 528, HARRIS COUNTY, TEXAS FOR
APARTMENT PURPOSES; PROVIDING LIMITATIONS, RESTRICTIONS,
AND CONDITIONS ON SUCH SPECIFIC USE; PROVIDING FOR THE
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, Autumn Creek Development, Ltd., is the owner of a certain 17.747 acre
tract located at West Bay Area Boulevard and F.M. 528, Harris County, Texas, zoned MFR-
H; and
WHEREAS, Autumn Creek Development, Ltd., has made application to the City to
grant to the applicants a Specific Use Permit authorizing the development of an apartment
complex on said property; 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 each such request; and
WHEREAS, the Planning and Zoning Commission recommended and the City Council
now deems it appropriate to grant each such request subject to certain regulations, restrictions,
and conditions; now, therefore,
FWD/PUD 1&2-SUP/01/OS/99
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. Said 17.747 acre tract of land is hereby granted a Specific Use Permit
authorizing the use of said tract for an apartment complex as authorized by City of
Friendswood Ordinance No. 84-15, and subject to the conditions and limitations contained
herein.
Section 3. The Specific Use authorized and permitted hereby shall be, and is,
subject to the following limitations, restrictions, and conditions:
A. Access. Ingress and egress into said tract shall be limited as shown on
this development plan for same as depicted on Exhibit A hereto.
B. Fences, Walls, Screenin�, Buffering. All fences, walls, screening and
buffering shall be constructed and maintained in accordance with and subject to the
development plan for same as depicted and delineated on Exhibit A hereto.
C. Parkin�. Parking shall be provided in accordance with the parking plan
contained in Exhibit A hereto.
D. Draina�e. All drainage improvements shall be constructed in accordance
with the development plan contained in Exhibit A hereto.
E. S_ig_ns. Signs shall comply with applicable sign regulations for MFR-H.
F. Compliance with Site and Development Plan. The granting of the
Specific Use Permit shall be, and is hereby, conditioned upon substantial compliance with the
site and development plan attached hereto as Exhibit A.
FWD/PUD 1&2-SUP/01/OS/99 2
. .�,. � � . -
Section 4. 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 granting of the
Specific Use Permit therefor, and the imposition of the rules, regulations, restrictions, and
conditions applicable to the Specific Use Permit specifically contained herein.
Section 5. 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 and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 6. 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.
FWD/PUD 1&2-SUP/01/OS/99 3
� � � � -
PASSED AND APPROVED on first reading this 4th day of ,Tanuarv , 199g.
PASSED, APPROVED, and ADOPTED on second and final reading this 18th day of
January , 1999.
Harold F. Whitaker
Mayor
ATTEST
. ,
loris McKenzie T
City Secretary
Motion - Councilman Hajecate
2nd - Councilman Measeles
Unanimousl_y
FWD/PUD 1&2-SUP/01/OS/99 4
,s
�` � �- �
FIELD NOTES
17.747 ACRES
THOMAS CHOATE SURVEY A-12 AND THE
SARAH MCKISSICK SURVEY A-549
HARRIS COUNTY, TEXAS
Description of a 17.747 acre (773,062 square feet) tract of land being out of a called 319.553.acre
tract of land described in the deed to Sunwood Development Corporation recorded under Harris
County Clerk's File No.P053763 and being located in the Thomas Choate Survey Abstract
No.12, and�the Sarah McKissick Survey Abstract No.549 Harris County, Texas, said 17.747 acre
tract being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod set in the westerly right-of-way line of Bay Area Boulevard
(100 foot wide right-of-way)as described in the deed to the City of Friendswood and recorded
under Harris County Clerk's File No.S604467 at its intersection with the northerly line of a 160
foot wide drainage easement as described in the deed to H.C.F.C.D. and recorded under Harris
County Clerk's File No.K384682;
THENCE, South 81°07'20" West, departing the westerly right-of-way line of said Bay Area
Boulevard and with the northerly line of said 160 foot drainage easement, a distance of 554.08
feet to a 5/8-inch iron rod set in the easterly line of a 150 foot wide drainage easement as
described in the deed to H.C.F.C.D. and recorded under Harris County Clerk's File No.E449568
and being the southwest corner of the herein describe tract;
TI�NCE, North 30°29'21" East, with the easterly line of said 150 foot drainage easement, a
distance of 40.19 feet to a 5/8-inch iron rod found for corner;
THENCE, North 14°46'44" East, continuing with the easterly line of said easement, a distance of
157.17 feet to a 5/8-inch iron rod found for corner;
THENCE, North 00°55'S4" West, continuing with the easterly line of said easement, a distance of
157.17 feet to a 5/8-inch iron rod found for corner;
THENCE, North 08°47'13" West, continuing with the easterly line of said easement, a distance of
755.59 feet to a 5/8-inch iron rod set for the northwest corner of the herein described tract;
THENCE, North 81°12'47" East, departing the easterly line of said easement, a distance of
614.36 feet to a 5/8-inch iron rod set at the point of tangency of a curve to the right;
THENCE, southeasterly, with the easterly line of said curve to the right, having a radius of
125.00 feet, through a central angle of 33°16'06", the chord bears South 82°09'10" East, a
distance of 71.56 feet, for a total arc length of 72.58 to a 5/8-inch iron rod set for corner;
1 OF 2
, . ♦ . - m.
THENCE, South 65°31'14" East, a distance of 30.07 feet to a 5/8-inch iron rod set at the point of
tangency of a curve to the left;l
TI�NCE, southeasterly, along said curve to the left, having a radius of 125.00 feet, through a
central angle of 29°09'24", the chord bears South 80°OS'S6" East, a distance of 62.93 feet, for a
total arc length of 63.61 feet to a 5/8-inch iron rod set for corner;
TI�NCE, IVorth 85°19'23" East, a distance of 58.03 feet to a 5/8inch iron rod set in the westerly
right-of-way line of said bay Area Boulevard and being the of a curve to the right;
THENCE, southwesterly, with the westerly right-of-way line of said Bay Area Boulevard and said
curve to the right, having a radius of 1950.00 feet, through a central angle of 26°54'15", the chord
bears South 08°45'40" West, a distance of 907.26 feet, for a total arc length of 915.65 feet to a
5/8-inch iron rod found for corner;
THENCE, South 22°12'47 West, continuing with the westerly right-of-way line of said Bay Area
Boulevard, a distance of 209.10 feet to the POINT OF BEGINr1ING and containing 17.747 acres
(773,062 square feet) of land
This Description is based on the survey made by Gary Carlile, Registered Professional Land
Surveyor on Apri124, 1998
..�°`��
� ` �,.t:
, `� � �\
, � .
Gary Car e ;;` °.�
Registered Professional Land Surveyor No.4917 '
:-�-'~"
H:\973201 W-802\71 ACREFN.DOC
20F2