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HomeMy WebLinkAboutOrdinance No. 2008-42 I ('Title: An ordinance changing the zoning classification of an 12.260 acre tract located at 1700 W. Parkwood (FM 528), from Single Family Residential (SFR) to Single Family Residential-Specific Use Permit(SFR-SUP) for an Event Center.) ORDINANCE NO.2008-42 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 12.260 ACRE TRACT LOCATED AT 1700 W. PARKWOOD (FM 528) FROM SINGLE FAMILY RESIDENTIAL (SFR) TO SINGLE FAMILY RESIDENTIAL- SPECIFIC USE PERMIT (SFR-SUP), 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. WHEREAS,Raymond G. Tiedje is the owner("Owner") of a certain 12.260 acre tract of land, more or less, being 12.260 acres in the A.H. Jackson Survey, A-128, Galveston Countyl I Friendswood, Texas, and located at 1700 W. Parkwood (FM 528), 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 12.260 acre tract, from Single Family Residential (SFR) to Single Famil Residential—Specific Use Permit(SFR-SUP), for an Event Center; and WHEREAS, a specific use permit allows the City Council the opportunity to deny or to conditionally approve those uses for which specific use permits are required; and, 1 • 3 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 I 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 area i hereby found to be true and correct. Section 2. The zoning classification of that certain 12.260 acre tract of land, being 12.260 acres in the A.H. Jackson Survey, A-128, Galveston County, Friendswood, Texas, an located at 1700 W. Parkwood (FM 528), 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 Single Family Residential — Specific Use Permit (SFR-SUP), to permit an Event Center. Section 3. The Zoning District Map of the City of Friendswood shall be revised an amended to show the designation of said 12.260 acre tract, as described in Section 2 above, with the appropriate reference thereon to the number and effective date of this Ordinance, and a brielf I description of the nature of the change. Ord.2008-42 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' i classification of said 12.260 acre tract to Single Family Residential- Specific Use Permit (SFR- SUP) 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 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 ever part of the same notwithstanding the omission of any such part thus declared to be invalid o unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 17th day of November,2008. PASSED, APPROVED, and ADOPTED on second and final reading this 15t day of December,2008. (" Davi J.H. Smith Mayor ATT De oris McKenzie, TRM City Secretary Ord.2008-42 3 Exhibit A (Ord. 200842) August 12, 2006 STATE OF TEXAS COUNTY OF GALVESTON METES AND BOUNDS DESCRIPTION OF A 12.260 ACRE TRACT IN THE A.H. JACKSON SURVEY,A-128 Metes and bounds description of a 12.260 acre tract of land out of the A. H. Jackson Survey, Abstract 128, Galveston County, Texas, said 12.260 acre tract being that certain 12.260 acre tract of land conveyed to Dennis W. Beasley as recorded in File Number 9504338, Film Code 010-22-1033, Galveston County Official Public Records, Galveston County, Texas, said 12.260 acre tract being more particularly described by metes and bounds as follows: i All bearings are based on a deed bearing of South 42021'22"West for the Northwesterly ROW j line of State Highway FM 528. COMMENCING at a 5/8" Iron rod found at the Intersection of the old North ROW line of FM 528 (based on 100' width) with the Southwesterly line of the A. H. Jackson Survey, said 618" Iron rod being the East comer of Windsong, an unrecorded subdivision; THENCE, along said Southwesterly line, same being the East line of Windsong, North 43044'12"West, 3.76 feet to a 1/2"Iron rod found at the Southwest corner of a call 49.024 acre tract conveyed to Dennis W. Beasley, et ux, as recorded in File Number R208692, said corner being In the existing Northwesterly ROW line of FM 528(180'wide); THENCE, along said Northwesterly ROW line, same being a Southerly line of said 49.024 acre tract, North 42021'22" East, 645.81 feet to the POINT OF BEGINNING of the herein described 12.260 acre tract; THENCE, North 48044'13"West, 502.57 feet to a found 'W Iron rod; THENCE, South 5202416"West,246.42 feet to a found W iron rod; THENCE, North 52036'05"West, 281.16 feet to a found'/2"iron rod; THENCE, North 26000'04"West,608.97 feet to a found W iron rod; THENCE, North 61"29'21" East, 412.24 feet to a foundYz"iron rod; THENCE, North 42010'54" East, 128.55 feet to a found W' Iron rod; -' THENCE, South 63028'54"East,57.89 feet to a found''Y2"Iron rod; MD/20061fin528ac12 THENCE, South 33021'57" East, 759.47 feet to a found ''/:"iron rod; THENCE, South 49014'54"West, 232.20 feet to a found Y2"iron rod; I THENCE, South 49021'28" East, 493.36 feet to a W iron rod found in said existing Northwesterly ROW line of FM 528; THENCE, along said Northwesterly ROW line of said FM 528, South 42°21'22" West, 76.82 feet to the POINT OF BEGINNING and containing 12.260 acres of land. Plat attached. Lucien C. Schaffer, Jr. LS 4803 t°I.�` w.. ,•-� LUCIEN C.SCHWER JR.1 � 0 8U7 a q~ rok0�sso Rio P MD/10OM628=12 of a I 01 I NOM W. MW pp. City of Friendswood 1700 W. Parkwood (FM 528) Planning anclZoning 910 South Ffiendswood Dive 12.260 acres Fdendswood,Texas 77546 (281)996-3290 Proposed SUP in SFR district mmiller&LIfiendswood.tcus I e1uals 9