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Home My WebLink AboutOrdinance No. 2006-12 (Title: An ordinance changing the zoning classification of a 2.398 acre tract of land at the end of Quaker Bend Drive from Single Family Residential (SFR) to Planned Unit Development(PUD)-Specific Use Permit(SUP)-Residential.) ORDINANCE NO. 2006-12 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 2.398 ACRE TRACT OF LAND FROM SINGLE-FAMILY RESIDENTIAL (SFR) TO PLANNED UNIT DEVELOPMENT (PUD)-SPECIFIC USE PERMIT (SUP)-RESIDENTIAL, SUCH TRACT BEING OUT OF LOT 5-1 AND 5-2, BLOCK 11, FRIENDSWOOD SUBDIVISION, SARAH MCKISSICK LEAGUE, ABSTRACT NO. 151, CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS, WITHIN THE CITY; 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, Lisa Walker and Alexander M Young III, are owners ("Owner") of a certain 2.398 acre tract of land, more or less, presently zoned Single Family Residential (SFR) 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 2.398 acre tract, same being out of Lot 5-1 and 5-2, Block 11, Friendswood Subdivision, Sarah McKissick League, Abstract No. 151, Friendswood, Galveston County, Texas, and being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Single-Family Residential (SFR) to Planned Unit Development (PUD) —Specific Use Permit(SUP)-Residential; 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, subject to certain regulations, 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 zoning classification of the 2.398 acre tract, same being more particularly described in Exhibit "A," attached hereto and for all things made a part hereof, situated at the end of Quaker Bend Drive, and within the city limits of the City, is hereby changed from Single-Family Residential (SFR) to Planned Unit Development (PUD)—Specific Use Permit (SUP)-Residential, for use as permitted within such zone classification, subject to the regulations, restrictions, and conditions hereinafter set forth. Section 3. The Council further finds it appropriate to impose certain conditions on this change in zoning, and that the following conditions shall be imposed on the land uses within the PUD: A. The development shall be limited to one (1) single family residential dwelling on each lot, and only single family residential uses shall be permitted; B. A building set back line of twenty (20) feet from the existing easement shall be established. C. Construction shall be pursuant to the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 4. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 2.398 acre tract, as described and as provided 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 5. 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 Ord.2006-12 2 classification of said 2.398 acre tract to Planned Unit Development (PUD)-Specific Use Permit (SUP)-Residential, as described above. 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. Section 7. 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. PASSED AND APPROVED on first reading this St� day of June 2006. PASSED,APPROVED, and ADOPTED on second and final reading this 26t� day of June 2006. David J. H. S it Mayor ATTEST: �.�� R'ENO� $ � � �o De aris McKenzie, T C � * City Secretary a �,�r� � .�+�5' Ord.2006-12 3 EI�IBIT �•A��. � : _,; � 1�`,I��j��'/� '�r J METES AND BOUNDS DESCRIPTION ': ' � ��;' 2.398 ACRES (104,478 SQUARE FEET) � ��N 20� � OUT OF LOT 5, BLOCK 11, FRIENDSWOOD SUBDIVISION J ! KrCENED `f' SARAH MCKISSICK LEAGUE,ABSTRACT NO. 151 ", ��y p�FP,lEn1pSW(�D o� CITY OF FRIENDSWOOD CsIlYStiCRE�+�RY `� GALVESTON COUNIY, TEXAS �� , O�, , '`4:�Sr�hl�f l.2�� , Being a tract or parcef confaining 2.398 acres (104,478 square feet) of land situated in the Sarah McKissick League, Abstract Number 151, Gaiveston County, Texas; being out of and a part of Lot 5, Block 11, FRIENDSWOOD SUBDIVISION, a subciivision pfat of record in Volume 238, Page 14 of the Galveston County Map Records {G.C.M.R.), Galveston County, Texas; being all of a called 1.018 acre tract of land conveyed to Pamla Louise Krause Brothers as , described in deed recorded under Galveston County Clerk's File (G.C.C.F.) Number 8826065; , being all of a called 1.30 acre tract of kand conveyed to Alexander M. Young III, et ux as described in deed recorded in Volume 3293, Page 217, Gafveston County Deed Records (G.C.D.R.); said 2.398 acre tract being more particularly described as follows (bearings are oriented to the bearing base reflected on a called 2.39 acre tract of land conveyed to John H. Brothers as described in deed recorded in Volume 2765, Page 19, G.C.D.R.): BEGINNING at a 5!8-inch iron rod found in the centerline and under the asphalt roadbed of Quaker Bend Drive; said iron rod for the most northerly corner of the herein described tracf; THENCE, South 45°OQ'00" East, along said centerline, a distance of 158.30 feet to a 5/8-inch iron rod with plastic cap stamped "RPLS 5489" set in the northwesterly line of the residue of a calied 90 acre tract of land conveyed fo Edwin H. Harris,et ux as described in deed recorded in Volume 1875, Page 361, G.C.D.R.; said iron rod for the most easterly corner of the herein described tract,from which a found 5/8-inch iron rod bears South 82°44'West, 0.59 feet; THENCE, South 45°00'00" West, along the northwesterly line of the residue of said 10 acre tract and the southeasterly terminus of said Quaker Bend Drive, at 30 feet passing the sou#hwesterly right-of-way (R.O.W.) line of said Quaker Bend Drive, at 216 feet passing the northerly corner of a called 1.28 acre tract of land conveyed to John Adam Hill, et ux as described in deed recorded under G.C.C.F. Number 2004035936, at 300.00 feet passing a 5/8- inch iron rod with plastic cap stamped "RPLS 5489" set marking the southeasterfy common corner of the aforesaid 1.0'IS acre tract and the aforesaid 1.30 acre tract, at 451 feet passing the northerly corner of Lot 1, Block 1, HARRIS ADDITION NO. 1, a subdivision plat of record in Volume 15, Page 53, G.C.M.R., continuing in all for a total distance of 660.00 feet to a 5/8-inch iron rod with plastic cap stamped "FtPLS 5489" set marking the southerly corner of fhe herein described tract, from which a fiound 5/8-inch iron rod bears North 80°36' West, 2.75 feet and a 1/2-inch iron rod bears South 53°38'West, 5.86 feet; THENCE, North 45°00'00"West, along the southwesterly line of the aforesaid 2.39 acre tract, a distance of 158.30 feet#o a 1/2-inch iron pipe found marking the most southerly corner of Tract "A-1", COE AQDITION NO. 1, a subdivision plat of record in Volume 15, Page 191, G.C.M.R. and for the most westerly corner of the herein described tract; THENCE, North 45°00'00" East, along the southeasterly line of said Tract"A-1", at 330_00 feet passing the southeasterly common corner of said Tract "A-1" and Tract "A-2" of COE ADDITION NO. 1, at 360.Q0 feet passing a PK Nail set marking the northwesterly common comer of said 1.018 acre tract and said 1.30 acre tract, continuing in al1 for a total distance of 660.00 feet to the POINT OF BEGINNING and containing 2.398 acres (104,478 square feet) of land. This description is based on the plat entitled QUAKER BEND ESTATES, a pending plat of subdivision in the City of Friendswood. Boundary One Project Number 6767-0507. Compiled by: Christian V. Offenburger, R.P.L.S. Checked by: Thomas Offenburger /„�rs��\ � -� oF�. n Boundary One Surveyors, LL.C, � �rE.. F�: 150 W. Shadowbend, Suite 303 ,\ 4,�,�P�� ;�q�o " � Friendswood, TX 77546 � ' r•:.•••>,"•.•••• u�� (281)648-3131 (° HRI iAN FFENB ER i� .. ..`y;1� September 9, 2005 ✓/`` •9AOF O.y',' /,' � .�.. \��_,�2�a.ESS�. J ;i Mb2398.doc su R�-,,-:-` '�, a,q�o� 1016 QUAKER BEND DR. �IBIT "B" SITE PLAN RESERVE AREA FOR ACCESSORY USES 10' D E 20' B L I 10' ROW �-------------------= GARAGE ,�- �� COVERED PATIO i 10' B L ----- ; il HOUSE CA�ORT� � � �-- �------- i � PORC; TOTAL LE�GTH 117'11 i - GARDEN STIMATED PATH OF DRIVEWAY SIDEWALK PARKING RESERVE AREA FOR ACCESSORY USES RESERVED FOR DRAINAGE 25'BL (SITE PLAN NOT TO SCALE)