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Home My WebLink AboutOrdinance No. 98-07 . � . �-. . ,..� . � \ . . . . ORDINANCE N0. 98-7 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE REQUEST FOR A SPECIFIC USE PERMIT FOR 16.9225 ACRES LOCATED AT F.M. 528 AND WINDSONG OUT OF LOTS 12 AND 15, SECTION 6,B,S & F SURVEY, BURGESS ADDITION, GALVESTON COUNPY, TEXAS, SINGLE FAMILY RESIDENTIAL (SFR) FOR A SPECIFIC USE PERMIT-SCHOOL (SUP-SCHOOL) , AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15;AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000. FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING FOR SEVERABILITY. * * * * * * * * * * * * * WHEREAS, record owner Friendswood Independent School District, has requested a SPECIFIC USE PERMIT for 16.9255 acres of property located at F.M. 528 and Windsong, out of lots 12 and 15, section 6,B,S & F Survey, Burgess Addition, Galveston County, Texas, situated within the corporate limits of the City of Friendswood, Texas; and WHEREAS, said tract of land presently has a zoning classification of SINGLE FAMILY RESIDENTIAL (SFR) pursuant to Ordinance no. 84-15, passed and approved the 19th day of November 1984, same being the City of Friendswood Zoning Ordinance; and WHEREAS, Record Owner/Agent for said property, has made application to the City of Friendswood to request a SPECIFIC USE PERMIT-SCHOOL (SUP-SCHOOL) , as authorized by the City's Zoning Ordinance; and WHEREAS, the Planning and Zoning commission and the City Council of the City of Friendswood have conducted, in the time and manner and after the notice required by law and the Zoning Ordinance of the City, a public hearing on such request for change in zoning classification; and WHEREAS, the Planning and Zoning Commission has recommended APPROVAL and the City Council now deems it appropriate to APPROVE such requested change in classification; NOW, THEREFORE 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. The zoning classification of that certain property located at F.M. 528 and Windsong, 16.9255 acres, out of Lots 12 and 15, Section 6 B, S & F Survey, Burgess Addition, Galveston County, Texas, is hereby changed to SPECIFIC USE PERMIT-SCHOOL, (SUP-SCHOOL) . ORD.SUP/LST03 I � • e�1 ' .'�� . • � Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the zoning classification of the above described property, Friendswood, Galveston County, Texas as provided in Section 2, hereof, with the appropriate reference thereon to the number and effective date of the ordinance and brief description of the nature of the change. 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 change in zoning classification for property located at F.M. 528 and Windsong, 16.9255 acres ALSO KNOW AS BEING OUT OF LOT 12 AND 15, SECTION 6, B, S & F SURVEY, BURGESS ADDITION, Galveston County, Texas as described by the metes and bounds in attached Exhibit "A" . Section 5. This Specific Use Permit shall become null and void after a period of two (2) years after the date of issuance unless construction or use is substantially underway during said two-year period, or unless an extension of time is approved by City Council. 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 the amount not to exceed $2, 000. Each day of violation shall constitute a separate offense. Section 7. In the event any clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjusted invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED, APPROVED ON FIRST READING THIS 16tr1 DAY OF Ma rch ,1998. PASSED, APPROVED, AND ADOPTED ON SECOND AND FINAL READING THIS 6 th DAY OF April , 1998. Mayor Harold L. Whitake City of Friendswood ATTE � Deloris McKenzi , T C City Secretary Appr ved to Form: J"i��T`o�P�° /Z( EL �9ST�i� ,�N�; J�,1/.c% D�`�k�y City Att rney �f�iQO �f�Q� �(Nl�'/!�//�1m y$L�/ � / ORD.SUP/LST03 ' ° � EXHIBIT ifA° . DE;SrCRIP��ON Of 16.9255 acres or 737,273 squarc foot of land being ali of a cdil 7.4058 atx�e tract as dcscnbed in a de�d co Fri�ndswaod Indcpcndent School Diarrict, and being out of Lots 12 ut� 1 S along wzth�t pattloit af a 40 foot widc piattcd ronci as showa on a plat of thc Burgcsa Sub�iviaion of 3ec�ion b, B. S. & F. Sca-vcy as c�eoocdod�Vo�mc I 19,Pag,e 14 of the Deed R�ecords Gatvcsion Couniy. Teacas(bcarings based on Texas D�utn,,ent o�f'Tn�Map af FM 528, Swth 37°41�7"We.�i aloqg the Wesi�y Right-0f-Way line of FM 528) said 16.9255 acces bcing ctbonc Partic��larfY desccibod bY�nc�and bout�ds as failows; B�GD�i1�IING at a ooix�ete moaua�eat in the WestecfY Right-Of-Way line of FM 528 (180 foot vc+ide Right- of way>�che souc�iy�m-of way tinc of w�song�(60�ot �a�x�-oc w�y), T�NC'�Souih 37°41'27" Wtst nlo�g the Wcstdiy Right-Of-Way[ine of FM 528 n dist�+nce o�'1,517.81 fe�et to a SB irx�iron rod get fos cancr in the Noft}�erly Right-0f-W�}r tine of C�presa Point Drivt(80 foo�t wide Rig4rt-Of-way)as shown in a plat of Sctttnuadow Scctiou 3,raroc�dcd in Yolutne I5, Page 38, of thc Msp Recocds of Gatv�eston Couuty, Texas; THEKCE Nath 52°18'19"West,atoc�tbe Nocthtciy Ri,ght-Qf-Way(ina of C�rpresa Poiat Dcive a�istae:ce af48.69 fbet to a po�t for ihe most Sovrherfy co�er o�fLoc 79,Btock 9 of said Sunmexdow Soction 3, from said point a SI8 inch iron rod in conu�ete was found�g North 20°34'UQ"F.ssi, l.23 f�eat; THENCE North 06°I37A"East,atloug d�e Easta{y line of'said Block 9,a distance of 1,520.56 f�eet ta a 5!8 inch irva rod aet for ooraer, 'Y'HENCE North 87°08'S4"East,afon8 ttx Nort2�fy bne o�'saic� 7.4U58 acxe uucx,��iatarxx of 406.37 foct (c�!404.98 fax}to a poi�t for oorna in tho Wcsicr�y Right-Of-Way ti�o of said Windsoag La»c, from sai� poist a 1 'snch inon pipe was f�ound bearing I�Iorth 21°1T52' F.�st,0.67 foet; IiI�L��Jl�l��VO L7�� T r�7�IVQ� UlG W��y+�+t-Of-Way lia�of smd Windsong Lu�c a distancc of 50.00 foet to�'�4 inch irosi rod frHsnd for nn aagie poist: T'HENCE Sout�52°14'01" East, along ihe Sout��y Right-Of-Way line of VY�indsoag La�c, a distauoc o1 ' 547.48 feet (ca�t 548.59 foet)to ttu PLACE OF BEGINNYNG. `WTI'NESS MY HAND AND S�AL T'HLS THE 29TH DAY OF DECEMBF.g, 1997. .GARY. 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