HomeMy WebLinkAboutOrdinance No. 2009-15 (Title: An ordinance changing the zoning classification of a 1.79 acre tract on FM 528 at
Mandate Rd.,from Single Family Residential (SFR) to Light Industrial(LI).) J
ORDINANCE NO.2009-15 I
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 1.79 ACRES ON FM 528 AT
MANDALE ROAD WITHIN THE CITY FROM SINGLE FAMILY
RESIDENTIAL (SFR) TO LIGHT INDUSTRIAL (LI), SUCH TRACT
ALSO BEING 1.79 ACRES OUT OF A 10.9037 ACRE TRACT, SITUATED
IN THE 1. & G.N.R.R. CO. SURVEY NO. 23, ABSTRACT 624,
GALVESTON COUNTY, TEXAS AND ABSTRACT 740, BRAZORIA
COUNTY, TEXAS, AS RECORDED IN VOLUME 86262, PAGE 762,
OFFICIAL PUBLIC RECORDS IN THE OFFICE OF THE COUNTY
CLERK, BRAZORIA 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.
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WHEREAS, Sam Caliva is the owner ("Owner") of a certain 1.79 acre tract of land]
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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 1.79 acre tract, same being more particularly described in Exhibit "A'I'
attached hereto and for all things made a part hereof, from Single Family Residential (SFR) to
Light Industrial (LI); 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
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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 1.79 acre tract of land on FM 528
at Mandale Road, same being more particularly described in Exhibit"A" attached hereto and for
all things made a part hereof, and also being:
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1.79 acres out of a 10.9037 acre tract, situated in the I. & G.N.R.R. Co. Survey No. ;
23, Abstract 624, Galveston County, Texas and Abstract 740, Brazoria County,
Texas, as recorded in Volume 86262, Page 762, Official Public Records in the Office
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of the County Clerk, Brazoria County, Texas, I
Friendswood, Texas, is hereby changed from Single Family Residential (SIR) to Light Industrial
(LI).
Section 3. The Zoning District Map of the City of Friendswood shall be revised and
amended to show the designation of said 1.79 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.
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Ord 2009-15 2 I
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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 1.79 acre tract to Light Industrial (LI) 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,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
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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 orb
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 of
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unconstitutional, or whether there be one or more parts. !
PASSED AND APPROVED on first reading this 3rd day of August,2009. j
PASSED, APPROVED, and ADOPTED on second and final reading this 17'" day of
August,2009.
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David J.H. Smith
Mayor
ATTEST:
Orr FRIZAyQS
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De oris McKenzie,T C * � )
City Secretary * I
Ord 2009-15 3
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MIBIT "A"
FREDDY A. GORMLY
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1918
P.O.BOX 862,ALVIN,TEXAS,77512-0862
PHONE 281-331-0883
METES AND BOUNDS
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1.79 acres of land,out of a 10.9037 acre tract as described in"Exhibit A"and recorded in
Volume 86 262,Page 762, Official Public Records,in the Office of the County Clerk,Brazoria
County,Texas, situated in the I.&G.N.R.R. Co. Survey No. 23,Abstract 624, Galveston
County,Texas and Abstract 740,Brazoria County,Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the intersection of the east line of Mandale Road
with the centerline of a Houston Lighting&Power Company 200 foot easement,as recorded in
Volume 1985,Page 112, Office of the County Clerk,Galveston County,Texas, being located
South 00 deg. 00 min. 57 sec.East a distance of 464.19 feet from the southwest corner of Tower
Estates Subdivision,as recorded in Volume 254-A,Page 88,Map Records, Galveston County,
Texas;
THENCE South 89 deg.46 min.East along and with the centerline of said Houston Lighting&
Power Co.easement, a distance of 385.70 feet to a 1/2 inch iron rod found for the northeast
comer of the herein described tract being in the northwest right-of-way line of F.M.Road 528;
THENCE South 32 deg. 18 min. 44 sec.West along and with the northwest right-of-way line of
F.M.528,at 369.74 feet pass a concrete monument found,a distance of 435.99 feet to a 1/2 inch
iron rod found onthe Galveston-Brazoria County line in the northwest right-of-way line of F.M.
.528;
THENCE North 28 deg. 26 min. 59 see.West a distance of 320.37 feet to a point for corner in
the east right-of-way line of Mandale Road;
THENCE North 00 deg. 00 min. 57 sec.West along and with the east line of said Mandale Road,
a distance of 8 8.3 6 feet to the PLACE OF BEGINNING and containing 1.79 acres of land.
METES AND BOUNDS WRITTEN WRITTEN NNE 15,2009
BY
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Freddy A.Gormly s'E
Registered Professional Land Surveyor No. 1918 f
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