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Home My WebLink AboutOrdinance No. 2007-06 ('Title: An ordinance changing the zoning classification of a .3788 acre tract at 206 E. Shadowbend from Multi-Family Residential-Low Density (MFR-L) to Single Family Residential(SFR) and declaring an emergency.) ORDINANCE NO.2007-06 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 .3788 ACRE TRACT OF LAND WITHIN THE CITY FROM MULTI-FAMILY RESIDENTIAL-LOW DENSITY (MER-L) TO SINGLE FAMILY RESIDENTIAL (SFR), SUCH TRACT ALSO BEING A PORTION OF LOT 12, BLOCK 2, FRIENDSWOOD SUBDIVISION, 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; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Bob Pillow and wife, Carla Pillow, are the owners ("Owner") of a certain! .3788 acre tract of land, more or less, presently zoned Multi-Family Residential-Low Density (MFR-L) pursuant to the City's Zoning Ordinance, as amended; and WHEREAS, the Owner has made application to the City to change the zoning i i classification of said .3788 acre tract, same being more particularly described in Exhibit attached hereto and for all things made a part hereof, from Multi-Family Residential-Low Density (MFR-L) 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, 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, I 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 .3788 acre tract of land, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, and also being a portion of Lot 12, Block 2, of the Friendswood Subdivision, Galveston County, Friendswood, Texas, and also being located at 206 E. Shadowbend, is hereby changed, from Multi-Family Residential-Low Density(MFR-L)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 .3788 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 classification of said .3788 acre tract to Single Family Residential (SFR) as described above. Section 5. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, ORD 2007-06 2 upon conviction, shall be fined in an amount not to exceed $2000. 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 or : unconstitutional, or whether there be one or more parts. Section 7. The City Council hereby declares that an emergency exists authorizing the ! I adoption of this Ordinance on one reading. i PASSED, APPROVED, and ADOPTED on first and final reading this 30th day of April,2007. olcYy Dav'MT H. Smi Mayor ATTEST: v CF_ fRlEgro��0 Deloris McKenzie,TWC o City Secretary ORD 2007-06 3 Field Note Description �} ERHIBIT A A Tract of land containing 0.3788 acres (16,500 square feet) of land, situated in the J.R. Williams or Sarah McKissick League, Galveston County, Texas, and being a portion of Lot 12, Block 2, of Friendswood, a subdivision recorded under Volume 238, Page 14 of the county clerk's of _ Galveston county, Texas; also known as Tract 5 of Collins-Friendswood, an unrecorded subdivision in Galveston county, Texas; said 0.3788 acre tract being more particularly described by metes and bounds as follows; Commencing at a point located at the southwest corner of Lot 12, Block 2 of said Friendswood being the northerly intersection corner of Morningside Drive (60' R.O.W.) and East Shadowbend Avenue (60' R.O.W.); Thence North 45000'00" East, with the northwesterly right-of-way line of East Shadowbend Avenue, a distance of 200.00 feet to a found 3/4 inch iron rod located on the northwest right-of- way line of East Shadowbend Avenue (60' R.O.W.), and the easterly corner of a called 0.378 acre tract of land, as recorded under Galveston county clerk's file no. 2004028624, also being the southerly corner of herein described tract, and Point of Beginning from said found 3/4 inch iron rod a found 1/2 inch iron rod bears S 750 E, 0.2; Thence North 45000'00"West, with the northeasterly common line of said called 0.378-acre tract and the southwesterly line of herein described tract, a distance of 165.00 feet to a set 112 inch iron rod with stamped"Tri-Tech' cap for the westerly corner of herein described tract and the common northerly corner of said called 0.378 acre tract, also the southeasterly line of a called 0.38 acre tract of land recorded under volume 1509, page 445 of the deed records of Galveston county, from said set 1/2 inch iron rod a nail in fence bears S 35°W, 1.2; Thence North 45000'00" East, with the northwesterly common line of herein described tract and the southeasterly line of said 0.38 acre tract, a distance of 100.00 feet to a found 112 inch iron rod for the northerly corner of herein described tract and the easterly corner of said 0.38 acre tract, and being the southerly corner of called 1.09 acre tract recorded under volume 3145, page 727 of the deed records of Galveston county, also the westerly corner of a called .38 acres tract of land recorded under Galveston county clerk's file no. 8222973; Thence South 45000'00" East, with the northeasterly common line of herein described tract and the common southwesterly line of said .38 acre tract, a distance of 165.00 feet to a set 112 inch iron rod with stamped "Tri-Tech" cap for the common southerly corner of said .38 acre tract and the easterly corner of herein described tract and being on the northwest right-of-way line of East Shadowbend Avenue (60' R.O.W.), from said set 1/2 inch iron rod a found 3/4 inch iron bears N 020W, 0.4'and a found 1/2 inch iron rod bears N 06' E, 0.3; Thence South 45000'00"West, with the southeasterly common line of herein described tract and the northwesterly right-of-way line of East Shadowbend Ave (60' R.O.W.), a distance of 100.00 feet to the Point of Beginning and containing 0.3788 acres or 16,500 square feet of land. Page 1 of 2 1) This field note description is part of the plat of same date. (Plat being Page 2 of 2 pages) 2) Bearings shown are referenced to: assumed South 45000'00"West, along East Shadowbend Avenue 3) This field note description valid for this transaction only. Copyright 2006, Residential Land Surveyors, Inc. 4) The square footage and acreage values shown hereon are mathematical values calculated from the boundary data shown hereon. These values in no way represent the precision of closure of this survey or the accuracy of boundary monuments found or set. 5) This survey is null nd void without the original embossed seal and signature of surveyor. 7 �a - as-06 CotCondron R. o. 5899 12-12-06 Job No. 3126-06 1 EXHIBIT A NOT25UILVEY OONE W/OUT THE 1ENEF T OF A MM W1. aV1' P� 0 e ,g SCALE s LOT 6 F.I.R. 17r LOT 12 (VACANT) F.I.R. ti 1?1 LOT 4 W_vv° LOT 9 corn hs,a F..m POO �M1 Fes. Poe * 0.3788 acres (16,500 square feet) of lard, more or less, being part of Lot 12. NODE: This Survey is Cane Without The Benefit Of A Title Camdtommrt At Buyer's Request. N079:By graphic platting only,the subject properly does NOT appear to lie in the IDO year flood plain according to NFll'.Nap No. 485468 0005 E 9-22-99 ZONE X NOTE:Bearioge lased on Dead,Plat or Aeumed. NOTE:This survey is certified for this transaction only,it is not traasferrnWe to additional institutions or subsequent mem 3= vesatmm x X EVYER Michael Tragarz PROPERTYADDRB9 206 E. Shadcwbad LOT RLDIX 2 SUBDIVISON FRIENDSWOOD SECTION _ I RECORDATION Metes and Bm-As COUNTY SURVEY if 238/14 C.C.G.C. Galvestere —" TEXAS LAND COORDINATORS,INC. <f .eF as N�a,ea� nuR..r-�•��7�aa aR,�Faa' P.O.BOX 1697•PEARLAND,TX Y7511 ?'ets T,�c•IAe tee papay kpAlr d�aLeO aeram(Ranq,ddrsa4,ard'e eamq (281)997.1515 Faa1 (2111 6954521 *QF� seas area moacAaRar Yltlera cAa'Al.lArdmeb/Pe CUNUli6' i0•••••• ., aapaymm,Dw rcnfoma on N eMe1L lO Mang abash"saw N/A .........BI'P COUCHZ h eeTems Board of Profa*31"Lud Smejrg. G.F.F f.11 ._..... DATE 4630/05 ti?of SITS�...• ' INVOICEn 46398 au$j4 e JOB # 3-378-05