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HomeMy WebLinkAboutOrdinance No. 2006-10 (Title: An ordinance changing the zoning classification of 3.283 acres out of Lot 58, Section 22, I&GNNR Company Survey, Abstract 616, Friendswood, Galveston County, Tezas, from Specific Use Permit—"Oil well" to Single Family Residential(SFR)) ORDINANCE NO. 2006-10 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 3.283 ACRE TRACT OF LAND WITHIN THE CITY FROM SPECIFIC USE PERMIT —��OIL WELL" TO SINGLE FAMILY RESIDENTIAL (SFR), SUCH TRACT ALSO BEING OUT OF LOT 58, SECTION 22, I&GNNR COMPANY SURVEY, ABSTRACT 616, FRIENDSWOOD, GALVESTON COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; 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, Cody Owen and Ryan Moss are the owners ("Owner") of a certain 3.283 acre tract of land, more or less, presently zoned Specific Use Permit—"Oil Well" pursuant to the City's Zoning Ordinance, as amended; and WHEREAS, the Owner has made application to the City to change the zoning classification of said 3.283 acre tract, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Specific Use Permit — "Oil Well" to Single Family Residential (SFR); 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 such request; 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 detrimental to the community, and is in conformance with the zoning ordinance; and WHEREAS, the Planning and Zoning Commission has recommended approval of the application and the City Council deems it appropriate to grant such request; 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 3.283 acre tract of land, same being mare particularly described in Exhibit "A" attached hereto and for all things made a part hereof, and also being out of Lot 58, Section 22, I&GNNR Company Survey, Abstract 616, Friendswood, Galveston County, Texas, is hereby changed from Specific Use Permit—"Oil well" to Single Family Residential (SFR). Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 3.283 acre tract, as described in Section 2 above, with the appropriate reference thereon to the number and effective date of this Ordinance, and a 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 classitication of said 3.283 acre tract to Single Family Residential (SFR) as described above. Ord.2006-10 2 Section 5. 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. Section 6. 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 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 ar unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this Stb day of June 2006. PASSED,APPROVED, and ADOPTED on second and final reading this 26tb day of June 2006. � � � . . th Mayor ATTEST: o� �R�NOB � , � � O� � v Deloris McKenzie, TRMC * * City Secretary a�,,r� � ��+�, Ord.2006-10 3 �IBIT "A" � ' J'V:,, `,;,�, �, `�, . � '� �, `� '� METES AND BOUNDS DESCRIPTION �3v°� �U� 20� ��'�, 3.283 ACRES (143,000 SQUARE FEET) ��, R�C�-�JE� D °" I. & G.N.R.R. COMPANY SURVEY, SECTION 22 �, .�oFFR���SP� ��`� ABSTRACT NUMBER 616 �'`:��G`�m���� �,`�, � CITY OF FRIENDSWOOD ''°._S!hl �t�`\;`� GALVESTON COUNTY, TEXAS Being a tract or parcel containing 3.283 acres (143,000 square feet) of land and being out of Lot 58 of the subdivision of Section 22 of the I. & G.N.R.R. Company Survey, Abstract Number 616, Galveston County, Texas as reco�ded in Volume 1657, Page 189, Gaiveston County Deed Records and in Volume 1, Page 67, Brazoria County Plat Records; being out of that certain tract of land conveyed to Ryan Moss and Cody Owen as described in deed recorded under Gavleston County Clerk's File Number 2005070479; being all of that certain tract of land as described in City of Friendswood Ordinance Number 81/8 and passed, approved and adopted on May 18, 1981 by the City of Friendswood City Council and the City of Friendswood Planning and Zoning Commission; said 3.283 acre tract being more particularly described as follows (bearings are oriented to the easterly right-of-way {R.O.W.) line of Mandafe Road as depicted on LESLIES'S LOTS, a subdivision plat recorded at Plat Record 18, Map Number 1066, Galveston County Map Records): COMMENC(NG at a 1-inch sucker rod found marking the northeast corner of Lot 9, Block 1 of said LESLIE'S LOTS and for the southeast corner of said Lot 58 and said tract conveyed to Ryan Moss and Cody Owen; THENCE, No�th 00°19'04" West, along the easterly line of said Lot 58, a distance of 115.40 feet to the southeast corner and POINT OF BEGINNING of the herein described tract; THENCE, South 89°49'02" West, over and across said Lot 58, a distance of 440.00 feet to the southwest corner of the herein described tract; THENCE, North 00°19'04" West, over and across said Lot 58, a distance of 325.00 feet to the common line of said Lot 58 and 57 of Section 22 and for the northwest corner of the herein described tract; THENCE, North 89°49'02" East, along the common line of said Lots 57 and 58, a distance of 440.00 feet to the easterly common corner of said Lots 57 and 58 and for the northeast corner of the herein described tract; THENCE, Sauth 00°19'04" East, along the easterly line of said Lot 58, a distance of 325.00 feet to the POINT OF BEGINNING and containing 3.283 acres (143,000 square feet) of land. This description is based upon the Land Title Survey of 21.756 Acres of Land prepared by Boundary One Surveyors, L.L.C., dated January 23, 2006. Project Number 4635-0601. Com iled b : Christian Offenbur er, R.P.LS. ��� P Y 9 !�'''�� %�� 0 F �:_. Boundary One Surveyors, LLC. �,� .��....^,,T � 150 W. Shadowbend, Suite 303 ��?=Q��s; ��yt��� _..r Friendswood, TX 77546 , z.. ...,......�: 7. 281 648-3131 t YR S�IAN f FEN6UR�ER� t ) �;� .,.... ;.....�• . (281)648-3737 FAX ;� ����` -. �9 'P�.•Q � February 23, 2006 ", ,�,:ry y''•FSS'.°•�'y°;;' MbOiIWellLease.doc \ '� �- S��Hv�' -__ ; - ��� �3��