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HomeMy WebLinkAboutOrdinance No. 297 ORDINANCE NO. c�Z �J AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 40. 252 ACRE TRACT OF LAND I1V THE CITY OF FRIENDSWOOD, TEXAS, FROM R-1 TO SPECIFIC USE - EXCAVATION/LAKE; AMENDING THE OFFICIAL ZONING MAP OF THE CITY AS ADOPTED BY CITY OF FRIENDSWOOD ORDINANCE NO. 291 PASSED AND APPROVED ON NOVEMBER 7, 1977; ESTABLISHING CERTAIN LIMITATIONS, RESTRICTIONS, AND CONDITIOPdS FOR SUCH SPECIFIC USE CLASSIFICATION AND PERMIT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. * * * * WHEREAS, Sand, Inc. , is the owner of a certain 40. 252 acre tract of land situated within the corporate limits of the City of Friendswood, Texas; and WHEREAS, said 40. 252 acre tract of land presently has a zoning classification of R-1 under City of Friendswood Ordi- nance No. 291, the Zoning Ordinance of such City; and WHEREAS, Sand, Inc. , and its predecessor in title to such 40. 252 acre tract of land, Louis Letzerich, have petitioned the City of Friendswood to change such zoning classification of said tract of land from R-1 to Specific Use - Excavation/ Lake, as authorized by the City' s Zoning Ordinance; and 4VHEREAS , the Planning and Zoning Commission and the City Council of the City of Friendswood have each 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 recomr►ended and the City Council now deems it appropriate to grant such requested change in classification, subject to certain limita- tions, restrictions , and conditions; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and recitations set forth in the preamble of this ordinance are hereby adopted, ratified, and confirmed. Section 2. The zoning classification of the following described property is changed from R-1 to Specific Use - Excavation/Lake, as authorized by the City of Friendswood Zoning Ordinance and subject to the limitations, restrictions, and conditions contained herein: All that certain 40. 252 acre tract of land being out of and a part of Slones Second Subdivision, a subdivision in the John Dickinson League, Abstract No. 9 , Galveston County, Texas, plat of said subdivi- sion being recorded in Volume 254-A, Pages 12 and 15, in the Office of the County Clerk of Galveston County, Texas: BEGINNING at a 2" iron pipe for the Southwest corner of the tract herein described, said pipe also being the Southwest corner of Slones Second Subdivision, and the Southeast corner of Slones Subdivision as recorded in Volume 254-A, Page 6 in the Office of the County Clerk of Galveston County, Texas; THENCE North 33° East, along and with the West line of Slones Second Subdivision also being the East line of Slones Subdivision, a distance of 1715. 36 feet to a point for corner; THENCE South 55° 26 ' 52" East, a distance of 1518. 47 feet to a point for corner in the fence line on the Westerly line of Windamere Road; THENCE South 34° 33 ' 08" West, along and with said fence line, a distance of 613 . 46 feet to a point for corner; THENCE South 87° 45" West, a distance of 1838. 37 feet to the place of beginning; and containing 40 . 252 Acres of land, more or less. Section 3. The 5pecific Use of such tract of land authorized and permitted by the change in zoning classification effected hereby is the excavation of sand, gravel, and dirt from such tract of land, for use or sale off premises, and the conversion of such excavation, within five years from the date hereof, into a lake Section 4 . The Specific Use authorized and permitted by the change in zoning classification effected by this ordinance shall be, and is, subject to the following limitations, re- striction, and conditions: (a) The right to excavate sand, gravel, and dirt from such tract of land shall extend for a maximum period of five -2- years from the effective date of this ordinance. (b) The conversion of such excavation from a sand, gravel, or dirt pit into a lake shall be accomplished within five years from the effective date of this ordinance. Such excavation shall be gradually sloped from top to bottom to a depth of approximately thirty feet and shall be in full conformity with the plans for such excavation and lake attached hereto as Exhibit "A" . Such Exhibit "A" is made a part of this ordinance for all purposes. (c) No part of such excavation, or the lake into which it shall be converted, shall be situated within fifty feet of the boundaries of such 40. 252 acre tract of land. (d) The owner or owners of such 40 . 252 acre tract of land shall assure the City of the completion of such excavation and its conversion into a lake, according to the terms and conditions hereof and Exhibit "A" attached hereto and made a part hereof, by furnishing to the City a performance bond in a minimum amount of $ ;,� �� �' � � ' �' �' . Such performance bond shall be signed by such owner or owners and one or more corporate sureties authorized to do business in the State of Texas and shall remain in full force and effect throughout the time of the Specific Use permitted hereby and for such addi- tional time as may be necessary to assure the excavation and conversion authorized hereby. (e) The owner or owners of such tract of land shall comply with all federal, state, county, and city laws, rules and regu- lations having any application to such tract of land and the use thereof permitted hereby, including, but not limited to, those laws, rules, and regulations relating to environmental protection, health, safety, drainage, permits, and licenses. (f) Under no circumstances shall all or any part of such 40. 252 acre tract of land or the excavation thereon be used for sanitary land fill purposes or for the storage or disposal -3- of refuse, garbage, or waste materials of any kind or char- acter. (g) Throughout the terms of the Specific Use permitted hereby and the conversion of such excavation into a lake according to the terms and conditions hereaf, the owner or owners of such tract of land shall repair and maintain, according to City standards and specifications, the dedicated road, known as Windamere Road, leading to such 40 . 252 acre tract from Farm to Market Road 518. (h) During the term of the Specific Use permitted hereby, and for such additional time as the City Council of the City of Friendswood shall direct, the owner or owners of such 40. 252 acre tract shall erect and maintain around all of the exterior boundaries thereof a four strand barb wire fence. The top barb wire strand of such fence shall be a minimum of four feet above ground level and the bottom strand shall be a m�ximum of one and one half feet above ground level. (i) The Specific Use authorized and permitted hereby may be revoked, after notice and hearing to the owner or owners of said 40. 252 acre tract of land, by the City Council of the City of Friendswood upon its finding and determination that the owner or owners of said tract of land, or their officers, agents, employees, lessers, assigns, or operators, have failed to comply with any of the terms or conditions of this ordinance. Section 5. The Official Zoning Map of the City of Friends- wood shall be revised and amended to show that the zoning classification of said 40. 252 acre tract of land has been changed from R-1 to Specific Use - Excavation/Lake, with appropriate reference thereon to the number and effective date of this ordinance. Section 6. 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 -4- zoning classification of the 40. 252 acre tract of land de- scribed in Section 2 hereof from R-1 to Specific Use - Excava- tion/Lake and the imposition of the findings, limitations, restrictions, and conditions contained herein. PA5SED AND APPROVED on first reading this �day of ���cc-�-� , 19 7 8. PASSED AND APPROVED on second reading this lp�day of ,�� , 19 7 8. PASSED, APPROVED, AND ADOPTED on third and final reading this ��j�day of �«�� , 1978. � ���" �;%K. cYG�I��- Mayor ATTEST: � �� City Secretary APPROVED AS TO FORM: City Attorney °�CITY OF FRI�EMDSWOOD PWB -�i4821083 � P_ 01 ' . � � � h, � . . '� " - -•?:;��'�.� � sM�n .. . �� . i .. �•;�"..,��',�y'i.� ^ �, ' • • ':;"*�_.. �;- � � ..� . . .' � ,;;,.';:.;�1`k'.`.�•::-,;. � �•'l•'•�i.:�1P�� 1 � ., • , , . . K-::� s ;, .ti r . ' . _-.,': .::��;.�� 9 , , •� . � �:r�:t `% � ? . � . . 'r:i � .yy. . �;'� �;��;,_,.. � •,, . � . �<5,�,: .. _.s? ' SAtan iNC4r.�oRA�rr;n � I.A.� �sITE �°`°}"''� .���- ;�; � '.�a .. . .. �,fy�M• . :��' A11 thak ceztain 40.252 acre tract v� land being ouc o� and � part � ' ;:�`..,;.;.;�y.. � ,,;.<.. o:E Sloncs Secoz�d Subdiviszon, a subdxvision in the John Aickinsvn Leagu�, � ; ,.�, Abstxuct No. 9, �alvostan C�uney, T2xas, pXa[ vf sa.i.d svbdiv�$ion beiug , °�":�. recozded in Vul.ume 254�,A,, Pa�es :l2 and �5, i.n khe Offi,ce o� Che County Cle�rk. �'�` ;��, of G:ilvc,ston Co�inty, Texas; ' `. �� :., `,.; ` -. T3k:CINNING At � 2" iron Dip� for_ the Sout}awest cozner o� th� Cract herei.n ,. -;'�; described. said..pipE� alsv bezag the S�uthwest caxner o.f Slones Second . •' Subdivision, �nd the 9outheasl. �orneX of Slone� Subd�v3�ion as re�orded ' . . a.z� Volume 254—A, Pa�;e 6 a.n th� Office of the Cout�ty C�.erk v�. Ga7�veston ' . � � " � �;:�,; Coailty, x'exas; . -!..s-' .�.t"�; 'IHF.�CE Noxth 33° I.a�t, alo�at; and with the West �Yne of S�.vnee Seco�td � �� � �� '��, 5ubd,ivisLc�n a.lso bei.n�* L•he l;ast �.ine of Slones Subdivis�r�tt, a distance o£ ' ' ����; 1,725.36 fce:t to a poinL- for corner; ' � � ` -'�`�'� 1'H�NC� Soutt� 55° "l6' S2" East, a disrance of 1518.47 feee to a poine. For� � � corner in the fence l.ine qti the Wester�,y line of Windamexe �Load; � � � � . � . ;�� THFIVCE 5outh 34° 33' 06" ��ese, aLong and with. s�id fence 13.a�, a distance � �° � •� of fi13.46 teet to a pv�nt £vr c�rner; , " `•`'.:'4 TH�C� South 87° 45" We�t, a dxstance of 183$:37 feet to th.e ��.ACE OF' . . � �� :�..: }S�GIN�IY�1G. � ... ��,,;. CUNT.A�I�IN�' �i0.252 A,cres of T.,c�n�, More or Less. . � � --,-.,.��uaxy 2, 1977 . ,:J:.: " StCS/d�b � . . .� .,�a:.•_, � � ��'ih'��'`:�g•;�i , 3/10/77 . . . ' .t�.;: ... A� ,:.