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Home My WebLink AboutOrdinance No. 2008-22 (Title: An ordinance changing the zoning classification of an 18.922 acre tract (Tract 2) located at 1700 W. Parkwood, from Single Family Residential (SFR) to Community Shopping Center(CSC).) ORDINANCE NO. 2008-22 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 18.922 ACRES (TRACT 2) LOCATED AT 1700 W. PARKWOOD FROM SINGLE FAMILY RESIDENTIAL. (SFR) TO COMMUNITY SHOPPING CENTER (CSC), SUCH TRACT LOCATED IN THE CITY OF 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. �l WHEREAS, River Oaks @ Friendswood Associates, Ltd. is the owner ("Owner") of a certain 18.922 acre tract of land (Tract 2), 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 18.922 acre tract (Tract 2), same being more particularly described in i Exhibit"A" attached hereto and for all things made a part hereof, from Single Family Residential (SFR)to Community Shopping Center(CSC); 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 18.922 acre tract of land (Tract 2) located at 1700 W. Parkwood, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, and being located in the City of Friendswood„ ' 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 ands I amended to show the designation of said 18.922 acre tract (Tract 2), as described in Section 21 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 rev ise any provision of any ordinance of the City of Friendswood, save and except the change in zoning) classification of said 18.922 acre tract to Community Shopping Center (CSC) as described above. I 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 Ord.2008-22 2 J 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 or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 4th day of August,2008. PASSED, APPROVED, and ADOPTED on second and final reading this 18th day of August,2008. C) Da�vldTH. Smith Mayor ATTEST: FRIVAr A. v Melinda K. Welsh Deputy City Secretary r4TF OF Sf�i'Pf? ora,2008-22 3 U Exhibit A LJ (Ord. 2008-22) 8 ow den S urvey C o . Professieoal5urveyiog Services ta000 Barkers Poyf Lap¢,fiuite vSa ff ousfay. 'reXU6 11019 office; £81-551-1900 -Text Za1-551-4900 Survey Co. Job No.: C80036 Paaresmexu 9uurensoaemnces LEGAL DESCRIPTION Tract 2 Description of a 18.922 acre(824,229 square feet)being out of and a part of a called 49.024 acre tract in the A. H. Jackson Survey, A-128, Galveston County, Texas and being recorded in File Number 9504339 of the Galveston County Deed Records and Film Code Number 010-22-1836 of the Galveston County Deed Records and being more particularly described by Metes and Bounds as follows: BEGINNING at a found concrete Texas Department of Transportation Monument being on the Northwesterly right-of-way of Farm Market Road No. 528, based on a width of 180 feet, said point also being the most Southerly of a cutback comer marking the most Fasterly comer of aforesaid 49.024 acre tract; THENCE South 45° 59' OT' West, along the Northwesterly right-of-way of said Farm Market Road No.528,a distance of 199.59 feet to a found 5/8"iron rod marking a point of curvature; THE, following a curve to the left and having a radius of 2,954.79 feet and an are length of 188.15 feet to a found concrete Texas Department of Transportation Monument; THENCE South 42' 21' 22" West, continuing along the Northwesterly right-of-way of Farm Market Road No. 528, a distance of 385.98 feet to a found 1/2" iron rod marking the most Southerly corner of the herein described tract of land; THENCE North 490 21'28"West a distance of 493.36 feet; THENCE North 490 14'54"East a distance of 232.20 feet; THENCE North 330 21'ST'West a distance of 1072.57 feet; i THENCE North 89°39'23"East a distance of 557.99 feet; THENCE South 440 01'08"East a distance of I10128 feet, THENCE South 000 40'05"West a distance of 21.26 feet to the POINT OF BEGINNING and containing 18,922 acres or 824,229 square feet of land .4 . L David L.Bowden Eo 8 R P.L. S.No.4864 aaVrn� mow' (9-5-U�b B01ypFH Date s�RVEV�� I I 1 I 1 1 1 i 1 1 I 1 1 • i11\ �°f I \ \ 1 �r �1 ttt j,q FIR ell- •� �� .,1 �.� � �� \\ irk \ f,,