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Home My WebLink AboutOrdinance No. 2008-15 ('Title: An ordinance changing the zoning classification of a 17.88 acre tract on FM 528, between Friendswood Lakes Boulevard and Desota Street, from Single Family Residential (SFR) to Community Shopping Center (CSC).) ORDINANCE NO. 2008-15 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 17.88 ACRES ON FM 528 BETWEEN FRIENDSWOOD LAKES BOULEVARD AND DESOTA STREET WITHIN THE CITY FROM SINGLE FAMILY RESIDENTIAL (SFR) TO COMMUNITY SHOPPING CENTER (CSC), SUCH-TRACT BEING OUT OF AND A PART OF LOT 4 OF THE BURGESS SUBDIVISION AS RECORDED IN VOLUME 119, PAGE 14, IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS, AS RECORDED AT FILM CODE NUMBER 004-10-2007 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF GALVESTON COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, the Estate of George A. Bofysil, Jr. is the owner ("Owner") of a certain 17.88 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 17.88 acre tract, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Single Family Residential (SFR) to Community Shopping Center(CSC); and I 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, i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, j STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are ' r -_4 hereby found to be true and correct. Section 2. The zoning classification of that certain 17.88 acre tract of land on FM 528 between Friendswood Lakes Boulevard and Desota Street, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, and also being out of and a part of Lot 4 of the Burgess Subdivision as recorded in Volume 119, Page 14, in the Office of the County Clerk of Galveston County, Texas, as recorded at Film Code Number 004- 10-2007 of the Official Public Records of Real Property of Galveston County, Texas, is hereby changed from Single Family Residential (SFR)to Community Shopping Center(CSC). Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 17.88 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. Ord 2008-15 2 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 17.88 acre tract to Community Shopping Center(CSC) as described above. 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, i 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. PASSED AND APPROVED on first reading this 2"d day of June, 2008. PASSED, APPROVED, and ADOPTED on second and final reading this 16th day of June,2008. David J. . Smith Mayor ATTEST: o� S6�lF+vC,s� II// ro1np �. v Melinda K. Welsh Deputy City Secretary �+ �, 11, C „U Ord 2008-15 3 6 Associates I PROPERTYDESCRIPTION FIELD NOTES of a 17.88 acre tract of land situated in the Geo Patterson Survey, Abstract No. 645, Galveston County,Texas; said 17.88 acre tract of land being out of and a part of Lot 4 of the Burgess Subdivision as recorded in Volume 119, Page 14 both in the Office of the County Clerk of Galveston County,Texas; said 17.88 acre tract of land being out of and a part of a tract of land conveyed to George Bofysil, Jr. as recorded at Film Code Number 004-10-2007 of the Official Public Records of Real Property of Galveston County, Texas; said 17.88'acre tract of land being more particularly described by metes and bounds as follows: NOTE: All bearings are Lambert grid bearings and all coordinates refer to the Texas State Plane Coordinate System, South Central Zone, as defined by Article 21.071 of the Natural Resources Code of the State of Texas, 1983 Datum (2001 Adjustment). All distances are actual distances. Scale factor = 0.99986731. Reference is made to drawing of even date accompanying this metes and bounds description. BEGINNING at the West corner of this tract of land, the North corner of Somerset Place Subdivision as recorded in Volume 18, Page 302 of the Map Records of Galveston County,Texas; said point also being the North corner of Lot 8, Block 1 of said Somerset Place and also being in the Easterly right-of-way line of FM 528 (180 foot R.O.W.); said point having Texas State Plane Coordinate Values of Y = 13,745,627.38 and X = 3,173,816.47. i THENCE N 37032'49" E with the Westerly line of this tract of land and the Easterly right-of-way line of said FM 528 a distance of 1137.57 feet to the beginning of a curve to the right, concave Easterly. j THENCE in a Northerly direction with the Westerly line of this tract of land, the Easterly right-of-way line of said FM 528 and said curve to the right having a central angle of 02030'23", a radius of 2774.79 feet, a length of 121.38 feet and a cord bearing and distance of N 38059'16" E, 121.37 feet to the North corner of this tract of land and also being the West corner of Friendswood Lakes, Section 1 as recorded in Volume 18, Page 1176 of the Map Records of Galveston County, Texas. 2820 FM 517 EAST, DICKINSON,TEXAS 77539 (281)309-9100(281)309-9300 (FAX) THENCE S 48015'08" E with the North line of this tract of land and the South line of said Friendswood Lakes, Section i a distance of 663.68 feet to the East corner of this tract of land. THENCE S 41046'15"W with the Easterly line of this tract of land a distance of 1255.98 feet to the South corner of this tract of land; said point being in the Easterly line of said Somerset Place. THENCE N 48013'45" W with the Southerly line of this tract of land and the Easterly line of said Somerset Place a distance of 574.00 feet to the PLACE OF BEGINNING and containing 17.88 acres (778,962..54 sq. ft.) of land.. i I JKC&ASSOCIATES 2820 FM 517 EAST, DICKINSON,TEXAS 77539 (281)309-9100(281)309-9300(FAX)