HomeMy WebLinkAboutOrdinance No. 2009-18 (Title: An ordinance changing the zoning classification of 1.033 acres located at 907 S.
' Friendswood Drive from Neighborhood Commercial(NC) to Downtown District(DD).)
ORDINANCE NO.2009-18
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 1.033 ACRE TRACT OF LAND
LOCATED AT 907 S. FRIENDWOOD DRIVE, WITHIN THE CITY,
FROM NEIGHBORHOOD COMMERCIAL (NC) TO DOWNTOWN '
DISTRICT (DD), SUCH TRACT ALSO BEING LOTS 3, 4 AND 5 OF
SOUTHERN BREEZE, A SUBDIVISION RECORDED IN VOLUME 18,
PAGE 353 OF THE GALVESTON COUNTY MAP RECORDS,
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.
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WHEREAS, Friendswood Park Plaza, LLC. is the owner ("Owner") of a certain 1.033
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acre tract of land, more or less, presently zoned Neighborhood Commercial (NC)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 1.033 acre tract, located at 907 S. Friendswood Drive, same being more
particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from
Neighborhood Commercial (NC)to Downtown District(DD); 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 i
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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,
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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
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hereby found to be true and correct.
Section 2. The zoning classification of that certain 1.033 acre tract of land, located at
907 S. Friendswood Drive, Friendswood, Texas, same being more particularly described in
Exhibit "A" attached hereto and for all things made a part hereof, and also being Lots 3, 4 and 5 '
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of Southern Breeze, a subdivision recorded in Volume 18, Page 353 of the Galveston County
Map Records, Galveston County, Texas, is hereby changed from Neighborhood Commercial
(NC)to Downtown District(DD).
Section 3. The Zoning District Map of the City of Friendswood shall be revised and
amended to show the designation of said 1.033 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 1.033 acre tract to Downtown District(DD) as described above.
Ord.2009-18 2
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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 I
$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 I
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.
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_ PASSED AND APPROVED on first reading this 17th day of August,2009.
PASSED, APPROVED, and ADOPTED on second and final reading this 14th day of
September,2009.
D 1d J.H. Smith
Mayor
ATTEST:
sr
OFRleiva�Del risMKenzie, TRMC
City Secretary s
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y Ord.2009-18 3
METES AND BOUNDS DESCRIPTION
1.033 ACRES / F.M. 518
FRIENDST00% TEXAS
1.033 ACRES OF LAND BEING LOTS 3, 41AND 5, OF SOUTHERN BREEZE, A SUBDIVISION
RECORDED IN VOLUME 18, PAGE 353 OF THE GALVESTON COUNTY MAP RECORDS, SAID
1.033 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT THE SOUTH MOST CORN�-R OF SAID LOT 5, SAID POINT LYING IN THE
NORTHEAST R.O.W. LINE OF F.M. 518 (10p FEET R.O.W.) AND BEING LOCATED SOUTH 45
00' 00" EAST A DISTANCE OF 418.2,1 FEET FROM THE INTERSECTION OF, THE
NORTHEAST R.O.W. LINE OF F.M. 518 jAND THE SOUTHEAST R.O.W. LINE OF EAST
CASTLEWOOD AVENUE (60 FEET R.O.W.);
THENCE ALONG THE SOUTHWEST LINE '! OF LOTS 5, 4 AND 3, SAME BEING I,HE
NORTHEAST R.O.W. LINE OF F.M. 518, NORTH 45 00' 00" WEST A DISTANCE OF 225.00
FEET TO THE WEST MOST CORNER OF'! THE HEREIN DESCRIBED 1.033 ACRES, SAID
POINT ALSO BEING THE COMMON SOUTH TORNER OF LOTS 2 AND 3;
THENCE ALONG THE COMMON LINE OF ILOTS 2 AND 3, NORTH 45 00' 00" EAST A
DISTANCE OF 200.00 FEET TO THE NOR�H MOST CORNER OF THE HEREIN DESCRIBED
1.033 ACRES, SAID POINT ALSO BEING THE COMMON NORTH CORNER OF LOTS 2 AND
3; I
THENCE ALONG THE NORTHEAST LINE OF LOTS 3, 4 AND 5, SOUTH 45 00' 00" EAST
A DISTANCE OF 225.00 FEET TO THE EAST MOST CORNER OF THE HEREIN DESCRIBED
1.033 ACRES, SAID POINT ALSO BEING THE EAST MOST CORNER OF LOT 5;
THENCE ALONG THE SOUTHEAST LINE OF€ LOT 5, SOUTH 45 00' 00" WEST A DISTANCE
OF 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.033 ACRES OF LAND.
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Legend
to Street Names
906 S --Creeks
®Parks
®Schools
O Parcels
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5 _Counties 1
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TALL FAULTS,andassumes afi esponsibifityfortheuse thereof,andtunheragreesto notholdthe City fFnendswoodliable Iron,anydamage,loss,orliabifityansing lmm anyuse ofthe mapproduct.
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City Friendswood
910 South Friendswood Drive �
Friendswood,Texas77546 Friendswood GIS Mapping
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