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Home My WebLink AboutOrdinance No. 2009-26 (Title: An ordinance changing the zoning classification of a 2.942 acre tract located at 205 E.Edgewood from Single Family Residential (SFR) to Office Park District(OPD).) ORDINANCE NO. 2009-26 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 205 E. EDGEWOOD FROM SINGLE FAMILY RESIDENTIAL (SFR) TO OFFICE PARK DISTRICT (OPD), SUCH TRACT ALSO BEING 2.942 ACRES (128,135 SQUARE FEET) OUT OF LOT 1,BLOCK 2, FRIENDSWOOD SUBDIVISION, SARAH MCKISSICK LEAGUE, ABSTRACT NO. 151, 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, David D. Disiere, PC, is the owner ("Owner") of a certain 2.942 acre tract of land, more or less, located at 205 E. Edgewood and 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 2.942 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 Office Park District(OPD); 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, 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 i 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 2.942 acre tract of land located at 205 E. Edgewood, Friendswood, Galveston County, Texas, same being more particularly described in Exhibit "A" and depicted on Exhibit `B", both attached hereto and for all things; made a part hereof, is hereby changed from Single Family Residential (SFR) to Office Park. District(OPD). Section 3. The Zoning District Map of the City of Friendswood shall be revised and' amended to show the designation of said 2.942 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 I i classification of said 2.942 acre tract to Office Park District(OPD) as described above. Ord.2009-26 2 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 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,APPROVED on first reading this 2"d day of November,2009. PASSED, APPROVED, and ADOPTED on second and final reading this the 16th' day of November,2009. i DavicY J.I Smith Mayor ATTEST: O OF FR164FO.2 O Delons McKenzie, T C City Secretary ((((�� s �9rF OF TES' .I Ord.2009-26 3 Exhibit A J METES AND BOUNDS DESCRIPTION 2.942 ACRES (128,135 SQUARE FEET) OUT OF LOT 1, BLOCK 2, FRIENDSWOOD SUBDIVISION SARAH MCKISSICK LEAGUE, ABSTRACT NO. 151 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS I Being a tract or parcel containing 2.942 acres (128,135 square feet) of land situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Texas; being out of and a part of Lot 1, Block 2, FRIENDSWOOD SUBDIVISION, a subdivision plat of record in Volume 254, Page 37 of the Galveston County Map Records (G.C.M.R.); being out of and a part of that certain 60-foot wide roadway abandonment as described in deed recorded in Volume 1203, Page 177, Galveston County Deed Records (G.C.D.R.); being all of a called 3.02 acre tract of land conveyed to Marie Estes Collins as described in deed recorded under Galveston County Clerk's File (G.C.C.F.) Number 2000020038; being all of a called 4,230 square foot tract of land conveyed to Clear Creek Drainage District as described in deed recorded under G.C.C.F. Number 9617414; being all of a called 4,230 square foot tract of land conveyed to Clear Creek Drainage District as described in deed recorded under G.C.C.F. Number 9637778; said 2.942 acre tract being more particularly described as follows (bearings are oriented to the bearing base reflected on FINAL REPLAT OF MELODY PLAZA, SECTION TWO, a subdivision plat of record at Plat Record 18, Map Number 1136, G.C.M.R.): COMMENCING at a 5/8-inch iron rod found in the southeasterly right-of-way (R.O.W.) line of F.M. 2351 a.k.a. East Edgewood Drive (90 feet wide) and marking the most northerly corner of Lot 2, Block 1 of said FINAL REPLAT OF MELODY PLAZA, SECTION TWO; THENCE, South 45000'00" West, along said southeasterly R.O.W. line, a distance of 330.00 feet to a 5/8-inch iron rod with plastic cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most westerly corner of Lot 1, Block 1 and the most northerly corner of that certain tract of land conveyed to the Clear Creek Drainage District as described in deed recorded under G.C.C.F. Number 9617414, said iron rod for the most northerly corner and POINT OF BEGINNING of the herein described tract; THENCE, South 45000'00" East, departing said southeasterly R.O.W. line and along the southwesterly line of said Lot 1, a distance of 280.00 feet to a 5/8-inch iron rod with plastic cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most southerly corner of said Lot 1, the most easterly corner of said tract conveyed to the Clear Creek Drainage District and fogy an angle point of the herein described tract; ' THENCE, South 45000'00" West, along the southeasterly lines of the aforesaid tracts conveyed to the Clear Creek Drainage District, a distance of 30.00 feet to a 5/8-inch iron rod with plastic cap stamped "BOUNDARY ONE-RPLS 5489" set marking an angle point of the herein described tract; METES AND BOUNDS DESCRIPTION 2.942 ACRES (128,135 SQ. FT.) PAGE 2OF3 THENCE, South 45000'00" East, along the southwesterly line of that certain tract of land conveyed to Leon Brown as described in deed recorded in Volume 1043, Page 256, G.C.D!.R., at 68.39 feet passing a 1/2-inch iron rod found for reference, continuing in all for a total distance of 126.66 feet to the centerline of Mary's Creek; THENCE, along the centerline of Mary's Creek, the following courses and distances: South 04033'49" West, 45.56 feet to an angle point; South 17043'01" West, 39.49 feet to an angle point; South 05026'50" East, 62.18 feet to an angle point; South 00019'37" West, 42.54 feet to an angle point; South 06018'19" West, 45.26 feet to an angle point; South 37024'00" West, 23.82 feet to an angle point; South 86012'36" West, 20.67 feet to an angle point; North 72021'41" West, 61.39 feet to an angle point; North 51°36'22" West, 42.15 feet to an angle point; North 15045'47" West, 57.35 feet to an angle point; North 60016'40" West, 64.33 feet to an angle point; i South 46027'17" West, 41.43 feet to an angle point; South 73015'33" West, 34.48 feet to an angle point; North 61021'53" West, 29.55 feet to an angle point; North 15006'10" West, 34.24 feet to an angle point; North 71043'01" West, 30.79 feet to an angle point; North 01 020'03" West, 24.92 feet to an angle point; North 22047'38" East, 57.77 feet to an angle point; METES AND BOUNDS DESCRIPTION 2.942 ACRES (128,135 SQ. FT.) PAGE 3OF3 North 07010'36" West, 33.06 feet to an angle point; North 28018'44" West, 34.41 feet to an angle point; North 05028'21" East, 30.26 feet to an angle point; North 09013'23" West, 33.12 feet to an angle point; North 48020'24" West, 14.87 feet to an angle point; North 74026'13" West, 21.21 feet to an angle point; South 85008'49" West, 40.39 feet to an angle point; North 59036'36" West, 35.30 feet to the aforesaid southeasterly R.O.W. line of F.M. 2351; THENCE, North 45000'00" East, along said southeasterly R.O.W. line, at 220.51 feet passing a 5/8-inch iron rod with plastic cap stamped "BOUNDARY ONE-RPLS 5489", continuing in all for a total distance of 250.51 feet to the POINT OF BEGINNING and containing 2.942 acres (128,135 square feet) of land. This description is based on the Land Title and Topographic Survey of 2.749 Acres prepared by Boundary One Surveyors, L.L.C., dated July 17, 2009. Project Number 6767-0906. Compiled by: Christian V. Offenburger, R.P.L.S. Checked by: Thomas Offenburger Boundary One Surveyors, L.L.C. 150 W. Shadowbend, Suite 303 Friendswood, TX 77546 (281)648-3131 September 9, 2009 Mb2942.doc txmlt b 204 202 - 411 • 101 210 200 408 105 208 404 4060��? 409 410 103 4j 402 t�Pvy 405 408 109 Fop 104 107 �/- 403 � 206 �y6` 401 402 108 G1 111 103 204 102 �O�Pv 300 115 106 \\ 110 106 112 � 104 313 220 402 214 307 ,.�1 211 -- 312 \ 212 S`- \ 205 ME pewoo 9yw�Z� SFR to OPD 310 \ 210 y'` 209 20 Q 308 208 306 151 208 304 203 201 �`4�0 307 O 149 / \ 212 �P� 305 9 201 / 206 303 204 213 301 208 QG I 304 209 111 213lgP 104 213 •O,P� I302 107 200 209 212 101 101 q �`,�l 205 104 203 212 208 Legend 101 106 201 Street Names 103 ppb 207 --Creeks 106 p.P 20 Parks 102 iO�i,�S7B 10s f06 y''YC P� 203 206 ®Schools s'8iy(y 107 104 203 S'pFpya 205 OParcels1 2 OFC �2F 204 i:3City Limits 104 106 111 'I 10 207 209 :Counties 211 w er The City of Fnendswoodmakes no representation or warranty as to the mmumry at ds map and its imb madon norto its fitness turuse.Any uwrof this map product a=pls the same AS IS, l ALL FAULTS,and swumes al resionarbibty torthe use thereof,andhalheragrees to not hold the City otFnendswoodhable hem any damage,lass,orliabifity arwng hoe,anyuse ofthe map pmdud. t .;intent iren7icafion otallinformab'on wMainedon this map shouldbe eblanedbythe end user. City of Friendswood 910 South od,Teas 77546 Friendswood GIS Mapping � Friendswood,Texas 77546 rt :� (281)996-3200 w ..ci.fiendswood.tx.us 1 "=249 '