HomeMy WebLinkAboutOrdinance No. 92-20 ORDINANCE NO. 92-20
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AUTHORIZING
THE USE OF A 1. 040 ACRE TRACT OF LAND IN THE CITY OF
FRIENDSWOOD, TEXAS, AS SPECIFIC USE - MINI GOLF;
PROVIDING LIMITATIONS, RESTRICTIONS, AND CONDITIONS ON
SUCH 5PECIFIC USE; DESCRIBING SUCH 1. 040 ACRE TRACT OF
LAND; APPROVING A SITE PLAN FOR SUCH TRACT; AMENDING THE
ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE
NO. 84-15; CONTAINING OTHER MATTERS RELATING TO THE
SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR
SEVERABILITY.
* * * * *
WHEREAS, Earl L. Moeller and Susan L. Moeller are the record
owners of a certain 1. 040 acre tract of land situated within the
corporate limits of the City of Friendswood, Texas, said tract
being more particularly described in Exhibit "A" attached hereto
and for all things made a part hereof; and
WHEREAS, said 1. 040 acre tract of land presently has a zoning
classification of Community Shopping Center District 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, Earl L. Moeller and Susan L. Moeller have made
application to the City of Friendswood for a specific use permit
authorizing the use of said tract of land as a Specific Use - Mini
Golf, 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 notice required by law and the Zoning Ordinance of
the City, a public hearing on such request for a Specific Use
Permit; and
WHEREAS, the Planning and Zoning Commission presented to the
City Council a recommendation that such request for Specific Use -
Mini Golf be denied; and
WHEREAS, the City Council deems it appropriate to grant such
requested specific use permit, subject to certain limitations,
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 matters set forth in the preamble of
this Ordinance are hereby found to be true and correct.
Section 2 . The 1. 040 acre tract of land described in Exhibit
"A" attached hereto and made a part hereof is hereby granted a
specific use permit authorizing the use of said tract of land as
Specific Use - Mini Golf, as authorized by the City of Friendswood
Zoning Ordinance and subject the limitations, restrictions, and
conditions contained in Section 4 herein.
Section 3 . The Specific Use of such tract of land authorized
and permitted by this Ordinance is Mini Golf.
Section 4. The Specific Use authorized and permitted by this
Ordinance shall be, and is, subject to the following limitations,
restrictions, and conditions:
A. All lighting and lighting fixtures shall be properly
hooded and limited in height so as to prohibit casting of light
onto adjoining or surrounding property;
B. Sidewalks shall be constructed when the street is
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constructed, at the applicants' sole cost;
C. Adequate visual screening shall be provided so as to
screen the mini golf operations from adjacent and surrounding
residential properties;
D. Dual driveway access shall be provided for ingress and
egress so as to ensure adequate traffic circulation;
E. There shall be provided not less than sixteen (16)
parking spaces for each eighteen (18) holes of mini golf;
F. All facilities shall comply with applicable provisions of
the Americans with Disabilities Act;
G. Hours of Operation. Operations shall cease at 11: 00 p.m.
on Friday and Saturday nights, with lights out no later than
midnight. All other days operations shall cease at 10: 00 p.m.
H. All development shall comply with the Site Plan depicted
on Exhibit "B" attached hereto and for all things made a part
hereof.
Section 5. The Zoning District Map of the City of Friendswood
shall be revised and amended to show the Specific Use permitted on
said 1. 040 acre tract of land as provided in Sections 2 and 3
hereof, with the appropriate reference thereon to the number and
effective date of this Ordinance and brief description of the
nature of the change.
Section 6. This Ordinance shall in no manner amend, change,
supplement, or revise any provisions of any ordinance of the City
of Friendswood, save and except the specific use permit granted to
the 1. 040 acre tract of land described in Section 2 hereof.
Section 7. Any person who shall violate any provision of this
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_ 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 8. 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 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 2nd day of
November , 1992 .
PASSED, APPROVED, AND ADOPTED on second and final reading this
7th day of December , 1992 .
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Evely B. Newman
Mayor
ATTEST:
. �
Deloris McKenz e, C
City Secretary
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