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Home My WebLink AboutOrdinance No. 2010-06 (Title: An ordinance changing the zoning classification of a 1.6554 acres tract of land located at 1108 Coward Creek Drive from Single Family Residential (SFR) to Single Family Residential-Estate (SFR-E). I ORDINANCE NO. 2010-06 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 1.6554 ACRES LOCATED AT 1108 COWARD CREEK DRIVE WITHIN THE CITY FROM SINGLE FAMILY RESIDENTIAL (SFR) TO SINGLE FAMILY RESIDENTIAL - ESTATE (SFR-E), SUCH TRACT ALSO BEING LOT 5, COWARD CREEK SUBDIVISION, SECTION I, AS RECORDED IN VOLUME 15, PAGE 11 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY; ALSO BEING 1.6554 ACRES OUT OF AND PART OF LOT 2 AND 4, BLOCK "F" OF CENTRAL PARK SUBDIVISION, SARAH MCKISSICK OR J.R. WILLIAMS LEAGUE SURVEYS, GALVESTON COUNTY, FRIENDSWOOD, 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, Elizabeth B. Glenn is the owner ("Owner") of a certain 1.6554 acre tract of land, more or less, presently zoned Single Family Residential (SFR) pursuant to the City' Zoning Ordinance, as amended; and WHEREAS, the Owner has made application to the City to change the zoning classification of said 1.6554 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 Single Family Residential-Estate (SFR-E); and WHEREAS, the Planning and Zoning Commission and the City Council have J conducted, in the time and manner required by law and the Zoning Ordinance of the City, a public hearing on such request; 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, al 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 i WHEREAS, the Planning and Zoning Commission has recommended approval of thel 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 1.6554 acre tract of land located at 1108 Coward Creek Drive, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, and also being: Lot 5, Coward Creek Subdivision, Section I, as recorded in Volume 15, Page 11 in the office of the County Clerk of Galveston County; also being 1.6554 acres out of and part of Lot 2 and 4, Block "F" of Central Park Subdivision, Sarah McKissick or J.R! Williams League surveys, Galveston County, Friendswood, Texas, is hereby changed from Single Family Residential (SFR) to Single Family Residential — Estate (SFR-E). Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 1.6554 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.2010-06 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 1.6554 acre tract to Single Family Residential - Estate (SFR-E) 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 or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 5h day of Anril,2010. PASSED, APPROVED, and ADOPTED on second and final reading this 19th day of Anril,2010. J.H. Smith Mayor ATTEST o f FRIS&O%? ti�7 O Melinda Welsh,TRMC City Secretary S�jgrF OF Ord.2010-06 3 Exhibit A S; (Ord. 2010-06) City of Frfandewood CITY OF FRIENDSWOOD LAND USE CHANGE APPLICATION DcC 2 Q Z009 �/ Reaelvotl b : _ ZONING CHANGE REQUESTED DATE FILED: G 22 FROM: S F R DATE OF PUBLIC HEARING: TO: Q-F— FEE: $300.00 PROPERTY IDENTIFICATION: Street/RoadAddress: COLcVI- G}^e�c �AAY'2- Lot: 5 Block:_, Addition: SU�d LA;Sl"Osti LEGAL DESCRIPTION: CCpLua W;(C McIk S Ubol+i clsl 0K, Desgribe from deed records, attach copy of deed, and use Metes and Bounds Description: PL67ED LAND: OA*fi AeJ�'LigLV UNPLATTED LAND(Must have certified metes and bounds description, including name and address and telephone number of surveyor) RECORDED OWNER: 12G I I, ��2 V,n OWNER'S INFORMATION / NAME: 1,2a &4KK EMAIL ADDRESS: A.^ C.114 ^[AA.I drn PHONE NUMBER.2rsi-qR2- 1 n�FAX#: LT'I =4922- -IeG,T MAILINGADDRESS IDS- C-Dl �rel 6 L4jc CITY FVjP h&SL.p_& 7& STATE_ ZIP AGENTS INFORMATION NAME: EMAIL ADDRESS: PHONE NUMBER: FAX#: I MAILING ADDRESS CITY STATE ZIP PETITION: As owner/Agent, I hereby petition the city for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Friendswood. I I Signature Signature: (Agent) FEE: DATE PAID:RECEIPT NUMBER: ItCctuminity I)A'.elqulaMFUnW IV aM TarirrdtP62 FormsiZafanp IefTuVa,C usatlmrda eppfKada�-ro-mu.doC • - j,� �m.r;z 1m 41 ;_.Itf � Dlr 'It T i rr C. I .k I O �. . o ' r ll •a i :• PCs=LE Yin=5oFT -1A .S .. .J. GLEt1 JR. 'f7ZAC'T 5 GOIrt:AfiG� CRCFK Su�A•. .... Cecil Brown - Tract Coward Creek Subdivision A certain 1. 6554 Acre Tract of land out of a part of Lot 2'and 4, Block "F" of Central Park Subdivision in the Sarah McKrssiak or J. R. Williams League City, Galveston County, Texas,-said tract being more particularly described by metes and bounds, as folloWs; .'COMMENCING at the East corner of said Block "F"; THENCE South 450 06' 27" West, along the- Southeast line 'of Lot 2, Block "F", a distance of 239.23 feet to a point; THENCE South 69' 39' 27" West, a distance of 517.55 feet to the P. C. of a curve to the left; THENCE along and with said curve to the left, having a Radius. of 948.90,feet, a Central Angle of 2° 43' 47", a distance of 45.21 feet to an iron, rod marking the most Northeasterly corner and .PLACE OF BEGINNING of the Tract herein described; THENCE South 20' 20' 33" East,•;a distance of 300e50 feet to .an iron. rod for corner on the Northerly right-of-way line of Cowards "Creek Drive; THENCE westerly along said right-of- way line with a curve to the left, having'7 Radius of 648.404eet, a Central Angie of 1]` '25'` 12; a distances of 12%,ZV-4-4etwtsy the= o said curufl.;- THENpE South 540 14' 27" West, along said right-of-way-line of Coward's Drive; a Ai.+.nnna of 70..76 feet to'an 'iron rod Sor •corner; THENCE North 35' 45' 33" !Test, MW p3 � THE STATE OF TEXAS ) 67749 !� KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON ) I THAT WE, Cecil Brown Jr. , and wife Mary Brown of Galveston County, Texas have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT SELL AND CONVEY unto James J. Glenn Jr., and wife Elizabeth B. Glenn all that certain .tract or parcel of land lying and being situated in Galveston County, Texas and more particularly described as follows, to-wit: I Lot 5 of COWARD CREEK Subdivision, Section I, a Subdivision in Galveston County, Texas, according to the map thereof of record in Volume 15, Page 11, in the office of the County Clerk of Galveston: County, Texas, 'n This conveyance shall be burdened with and limited by the following reservations: rM 14t -All mineral and Royalty conveyances still of force and of record in the office of the County Clerk of Galveston County, Texas. y Easement to the Community Public Service Company of 20 feet i along the Southwesterly side of subject property as described in irs trument of record in Vol. 2525, Page 747, in Galveston County Clerk?e office. Covenants and conditions, to the extent same are still in effect, I imposed thereon by instrument of.record in Volume 2462, Page 313. in the office of the County Clerk of Galveston County, Texas. TO HAVE AND TO HOLD the above described premises, together with all.and singular the rights and appurtenances thereto in anywise belonging unto the said James J. G1emJrr, and wife Elizabeth B. Glenn, their heirs and assigns, forever, and we, the.undersigned, do hereby bind ourselves, our heirs and assigns to WARRANT AND FOREVER DEFEND the title to said property unto the said James J. Glenn Jr, . and wife Elizabeth B. Glenn, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the ' same or any part thereof. THE CONSIDERATION for this conveyance is the sum of Ten and no/100 and no/100 ($15,725. 00) Dollars, bearing interest from date ht the rate of eight (8%) t per cent per annum, payabl a to Cecil,Broy n Jr. , and wife Mary Brown, P. O. Box 1 Friendswood, Texas, in equal monthly installments of One Hundred Ninety and 80/100 ($190. 80) Dollars each, the first of such monthly installments of $190. 80 'being due and payab: on or bef-qre thec25-/ day of March, 1976 and a like installment being due and payable Y�c on or bef6 rethea�1" day of each succeeding month thereafter until the entire Note, both interest and principal, is paid in ;full. The interest on this Note is payable as it accrues and shall first bedected from each installment with the balance of the installment going to reduce the principal amount, and with said Note containing the usual and customary acceleration, foreclosure and attorney's fees clauses and with said Note being additionally secured by Deed of Bust of even date herewith given to Leon Brown, Trustee, for the benefit of the holder of said Note. BUT IT IS EXPRESSLY AGREED AND STIPULATED that the Vendor's Lien is retained in Favor of Cecil Brown Jr. , and wife Mary Brown, or their heirs and assigns, against the above described property, premises, until the above described Note, and all interest thereon, is fully paid according to its face and tenor, effect and reading, when this DEED shall become ABSOLUTE. lye WITNESS OUR HANDS, this the o�`f day of February, A. D. 1976. Cecil Brown Jr. , !/ Mary B •own STATE OF TEXAS ) COUNTY OF GALVESTCN ) BEFORE'ME, the undersigned authority, a'Nofary Public in and for Galveston County, Texas, on this day personally appeared Cecil Brown Jr. , and wife r, 1008 908 906 - - p 1003 1005 . , k� 1004 1002. ...,SFR 1010 Ft�` 1007 903 166 - , , 1012 - {` 1001 i 1101 - ! .. 1003 1102' ( ' 1005 .„ 1103 1009 1100 1105 1106 1011' - 1101 1108 1102. .: , . ,.,3 1110 1103 1104 -1105 1106 - �'- 1112 :IT 1107 flog 1108 103 -1111- .�. , 1110 �p�\ 1201 OG�y1G SFR L 1109 1202 1105 . ,4 1203 1205 1204 +' 1201 1266, 519 'Ix j 1203 518 1208 1205 19 'mer.The City of Friendswood makes no representation or wamanty as to the accuracy of this map and its Information nor o its fitness for use.Any user of this map product accepts the some AS IS, ALL FAULTS,and assumes aft responsibility for the use thereof,and further agrees to not hold the City of Faendswaodliable from any damage,foss,orliabifity arising from any use of the map product. ii,ugreendent verification of all information watained on this map should be obtained by the end user. isCity of Fiiendswood 910 South Friendwood77546 Friendswood GIS Mapping Fdendswood,Texas 77596 (281)9963200 wwwcl.ldendswood.tx.us 1 "=200 '