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Home My WebLink AboutOrdinance No. 2010-03 �. (Title: An ordinance changing the zoning classification of a 1.0 acre tract of land at 2302, Old Road, from Neighborhood Commercial(NC) to Single Family Residential (SFR).) ORDINANCE NO.2010-03 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 1.0 ACRE TRACT OF LAND WITHIN THE CITY FROM NEIGHBORHOOD COMMERCIAL (NC) TO SINGLE FAMILY RESIDENTIAL (SFR), SUCH TRACT ALSO BEING ' COMMONLY KNOWN AS 2302 OLD ROAD, 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. 1 i WHEREAS, Autumn Creek Development, Ltd., is the owner ("Owner") of a certain 1.0 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 1.0 tract, same being commonly known as 2302 Old Road and more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Neighborhood Commercial (NC)to Single Family Residential(SFR); 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 L 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 1.0 acre tract of land, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, and also being commonly known as 2302 Old Road and more particularly described as: 1 acre of land situated in the John Dickinson League, Abstract 9, and being a portion of Lot 52, Slone Subdivision, originally recorded in Volume 254-A, Page 6, G.C.M.R. and transferred to Volume 3, Page 71A, G.C.M.R., said 1 acre also being described in a deed filed for record in Volume 2371, Page 233, j G.C.D.R.; Galveston County, Friendswood, Texas, is hereby changed from Neighborhood Commercial (NC)to Single Family Residential (SFR). Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 1.0 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. Ord 2010-03 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 classification of said 1.0 acre tract to Single Family Residential (SFR) 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, 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 on unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 4 th day of January,2010. PASSED, APPROVED, and ADOPTED on second and final reading this 25th day of January,2010. apk Da ' .H. m' Mayor ATTEST: �a "W RIC S� Deldris McKenzie,TRMC 1& C City Secretary v o s Ord 2010-03 r9T� OF 'T 3 Exhibit A (2010-03) i PREUMMARY SLONE SUBDIVISION FEBRUARY25,2005 1 OW ACRE OUT OF JOB NO 03302-Ti LOT 52 DESCRIPTION OF A 1,000 ACRE TRACT OF LAND SITUATED IN THE JOHN DICKINSON LEAGUE,ABSTRACT 9 CITY OF FRIENDSWOOD GALVESTON COUNTY,THYAS Being a 1.0W acre tract of land situated in the John Dickinson League,Abstract Number 9,City of Friendswood,Galveston County,Texas and being a portion of Lot 52 of the Slone Subdivision,a subdivision plot originally recorded in Volume 254 A,Page 6 of the Galveston County Map Records and transferred to Volume S.Page 61A of the Galveston County Map Records,said LOW acre tract i also being described In a deed Ned for record in Volume 2371,Page 233 of the Galveston County Deed Records,said 1 ODD acre tract of land being more particularly described by metes and bounds as follows; COMMBNCIN13 at a Much Iron rod found for the northeast comer of Lot 54 of said Slone Subdivision and being in the south Tine of Pciendswood Road(50-foot width)as shown on the plat of said Slone Subdivision; THENCE N 669 47'00"W,along the south line of said Fdendswood Road(50-11oot width)and the north Ime of Lots 54,53 and 52 of said Slone Subdivision,at a distance 453.00 feet passing a 318dnch Iron rod with a cap stamped'RPLS 1445"which bears N 220 56'21"E,2 85 fact from the northeast corner of said Lot 52 and northwest comer of said Lot 53,and continuing for a total dialance of 483.00 feet to a 518-Inch hen rod with a cap stamped"Brown&Gay"set for the POW OF BEGINNING, wine being the northeast comer of the herein described 1 000 acre tract And from which a found 518- inch iron rod bears N 160 56'B,2.40 let, TIIENCB the following five(5)courses and distances over and across said Lot 52: S 23013'00"W.a distance of208.00 feet to a 518-mch Iron rod with a rap stamped"Brows& Gay"art for comer and from which a found 3/8-Inch Iron sod with a cap stamped"RPJS 1445"bears N 409 07'B,2.80 feet and a found angle Iron hears N 160 40'B,1.98 feet; N 66947'00"W,a itstam;e of 50 00 feet to a 518-meh Iron rand with a cap stamped"Brown& Gay"set for comer and from which a found 318-Inch Iron red with a cap stamped"RPLS 1445"bears N 400 59'E.2 56 feet, S 23913'00"W,a distance of 28.85 feet to a 518dnch Iron rod with a cap stamped"Frown& Gay"set for comer and from which a found 3/8-inch Iron rod with a cap stamped"RPLS 1445"bears N 400 59'B.2.56 feet, i N 66047'OD"W.at distance of 125.00 fact pass through a 5/8-inch Iron rod wait a cop stamped "Brown&Gay set for roforence And condnuing for a tidn d¢milgq of 140.00 fact to apoint in a lake, I Ni011DCOfWrnm11V'DL�AoawAaaraIWPST RANCIWUITr Al Arre Motes&nowdrdo" Pogo I oft SLONBSUBDIVISION 10 ACRE OUT OF LOT 52 PEIIRUARY25,2005 Page 2 of 2 N 23"13'W E,a distance of 236 85 feet to a 5/8-inch iron rah with a cep stamped"Brown& Gay"set in the south line of a 30.foot wide road as shown on the plat of said Slone Subdlvtshon for the northwest corner of the herein described LOD0 acre Beer and from which a found 314- inch iron pipe bears N 200 51'IS,1.81 feet and a found 3/8-tech iron rod with a cap stamped "RPLS 1445"bears N 82e35'05"W.14.22 feet,said 3/8-Inch Iron rod also being N 20"04' S,184 feet from the northwest comer of said Lot 52; THENCE S 66047'00'E,along the south line of said 30-foot road and the north has of said Lot 52,at a dlseance of 153.53 feet pass through a 5/8-luch Iron rod found N 660 47'00"W.0 40 feet from the projection of the west rlght-of--way,line said Frrendswood Road(50-foal width)and condnuing for a total distance of 190,00 feet to the POINT OF BEGINNING and contaming 1.000 acre of land. Bearing orientation is based on the Texas State Plana Coordinate System,South Central Zone NAD-83 and was derived by OPS(Global Poshtomug System)measurements A survey tidal"Boundary SLrvay of 1.000 Acre of Land out of Lot 52 of the Slow Subdivision, Volume 254A,Page 6,0 C M R City of Frkndswood,Galveston County,Texas"has been prepared in conjunction with thus metes chid bounds description. Alan M.McLain RPLS No 4511 Brown&Gay Bnghneers,Inc. 11490 Westhetmer Read,Suite 700 ' Houston,Texas 77077 Telephone.(281)558.8700 fIlEn RHU �C�fl�p OFFICIAL PUBLIC ��RECORDS S�t1/OF REAL PROPERTY �QL[�LG9KL l.!"Alr�PA 2005 Yd12p1.9 12t46 PH 2O05016290 Mary FYI YDaa,ElOT0�CO RYY CLERK e I 1VI011-pC011Cmna1N'DCMegmsnmmlt4P.51'RANCH OWDIeeU 0 Aaehletes&bound,doo Pxge2 afr a J�Rf O co �EID q �P 9 PLO `m Q� �O 1I o0 C . k wm a n t 0 , m c I '> c ,t m taa p �Y Stogie o m o �,a o Casa h Gam`gyp \ GaRlcg e O!- 9v'ae°ammo mF�. cm i ORO' /iG f GA�,N�rF'F<OCN { i f i s' 4 / I 'y 1 2� O, I �O' J y Legend j ®Parks k ®SGwola QParcels f i- Ciy Limits t Counties Disclaimer.The City ofFnendswnW makes no mpesentab"an or i mranly as to the accuracy ofthis map andds Iffy mation norlo Us htnessforuse.Any userof thismap pmdud accepts the same AS IS, WITH ALLIFAULTS,and assumes a9 msponsibifity forfbe use thereof,and funtheragmes to not hold the CllyoWendswoodhable fmm anydamage,loss orllabid'tyanslog how anyuse of the map omchxu. Independent wfif adon of aginfonnalion containedon Mismap should be oblamed bythe end user. City of Friendswood 91fiends od,Tews77546 Friendswood GIS Mapping �` ' Friendswood,Texas 77548 (281)996-3200 yr .d.Inendswood.6c.us f 1"=443 '