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Home My WebLink AboutOrdinance No. 2010-36 (Title: An ordinance changing the zoning classification of 1.1�945 acres located at FM 518 at Whispering Pines Drive from Community Shopping Center (CSC) to Downtown District (DD).) ORDINANCE NO. 2010-36 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 1.1945 ACRE TRACT OF LAND LOCATED AT FM 518 AT WHISPERING PINES, WITHIN THE CITY, FROM COMMUNITY SHOPPING CENTER (CSC) TO DOWNTOWN DISTRICT (DD), SUCH. TRACT ALSO BEING A 1.1945 ACRE TRACT OF LAND OUT OF LOT 1, BLOCK 6, FRIENDSWOOD SUBDIVISION, SARAH MCKISSICK LEAGUE, ABSTRACT 151, 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, Hassan and Monireh Moghaddam ("Owners") own a certain 1.1945 acre I tract of land, more or less, presently zoned Community Shopping Center (CSC) pursuant to the City's Zoning Ordinance, as amended; and WHEREAS, the Owners have made application to the City to change the zoning classification of said 1.1945 acre tract, located at FM 518 at Whispering Pines Drive, same bein1 l more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Community Shopping Center(CSC) to Downtown District(DD); and WHEREAS, the Planning and Zoning Commission and the City Council have i conducted, in the time and manner required by law and the Zoning Ordinance of the City, a; public hearing on such request; and i 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. j Section 2. The zoning classification of that certain 1.1945 acre tract of land, located at FM 518 and Whispering Pines Drive, Friendswood, Texas, same being more particularly described in Exhibit "A" and shown and depicted on Exhibit `B", both attached hereto and for all things made a part hereof, and also Being 1.1945 acre tract of land out of Lot 1, Block 6, Friendswood Subdivision, Sarah McKissick League, Abstract 151, Galveston County, l Friendswood, Texas, is hereby changed from Community Shopping Center (CSC) to Downtown District(DD). I Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 1.1945 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 revi le any provision of any ordinance of the City of Friendswood, save and except the change in zoning classification of said 1.1945 acre tract to Downtown District(DD) as described above. Ord 2010-36 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 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,; I 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 6th day of December, 2010. I PASSED, APPROVED, and ADOPTED on second and final reading this 10`h day of January,2010. avid J.H. Smith Mayor ATTEST: i FRIEAf4O0 OO Melinda Welsh,TRMC City Secretary Ord 2010-36 3 Exhibit A (Ord 2010-36) CITY OF FRIENDSWOOD LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED DATE FILED: FROM: C s e DATE OF PUBLIC HEARING: TO: 1>1> FEE: $30e- N JC, PROPERTY IDENTIFICATION: Street/Road Address: 1=M SI �zA Lot: I Block: Addition: Frier drt'oo d C14 AI// ikn LEGAL DESCRIPTION: Describe from deed records, attach copy of deed, and use Metes and Bounds Description: PLATTED LAND: IT A c r-e UNPLATTED LAND (Must have certified metes and bounds description, including name and address and telephone number of surveyor) RECORDED OWNER: AdlfdY) �I /y)0n1?e /y/UC� /CJG C/I�YI OWNER'S INFORMATION // NAME:/ swan W MoniP k /Woo nr1e�, EMAILADDRESS: (rlvHna�1U�/clillYl �U(7,2q�q PHONE NUMBER: 281 qq 6 .5�5 FAX#: Z-V I yX 2 MAILINGADDRESS 2\OO\ Sdw Ah Uel d)ril,-P CITY Frign r rinp rSTATE W c. ZIP AGENT'S INFORMATION NAME: EMAIL ADDRESS: PHONE NUMBER: FAX#: MAILING ADDRESS CITY STATE ZIP i 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. Signature Signature: ,VCOwne(f (Agent) FEE: DATE PAID: RECEIPT NUMBER: LlCommumly DevelopmengPlanning er Zods9T1emarW3Z FormMZorrN rannsllarM use change epplhuVon-rezone On STATE OF TEXAS Sarah McKissik League COUNTY OF GALVESTON Abstract 151 METES AND BOUNDS DESCRIPTION of a 1.1945 acre tract of land out of Lot One(1), Block Six(6)of Friendswood Subdivision,in Sarah McKissik League,Abstract 151,Galveston County,Texas,and being situated in the City of Friendswood, Galveston County,Texas according to the map or plat thereof recorded in Volume 238 Page 14 and Volume 254 Page 37 in the Office of County Clerk of Galveston County,Texas,and also includes an abandoned portion of Old Friendswood Drive.Said 1.1945 acre tract being more particularly described by metes and bounds as follows; Commencing at the most Easterly corner of said Lot 1,Block 6,and being on the center line of I Whispering Pines(100 feet ROW). i THENCE North 48 deg.,05 min.,47 sec.West 50.00 feet along the Northeast Line of said Lot 1 to a%: inch Iron Rod Marking the point of BEGINNING of this tract and being in the Northwest Right Of Way line of said Whispering Pines. THENCE South 41 Deg.,54 Min.,13 Sec.West 32.42 feet to a%inch Iron,Rod found at the beginning of a curve to the right; THENCE along Southwesterly Right of Way line of said Whispering Pines,being a curve to the right with Radius of 522.96 feet,an arc length of 199.61 feet to a Y2 inch Iron Rod; THENCE North 55 Deg.,42 Min.,23 Sec.West 33.20 feet to a 3/4 inch Iron Rod found in Easterly Right of Way line of F.M.518(S. Friendswood Drive). THENCE North 11 Deg., 15 min.,52 Sec.West 28.73 feet to a 3/4 Inch Iron Rod found in Easterly Right of Way of said F.M.518(S. Friendswood Drive). THENCE along the Easterly Right of Way line of said F.M.518(S. Friendswood Drive),being a curve to the left with Radius of 1273.24 feet,an arc length of 282.58 feet to a 3/4 inch Iron Rod found in Easterly Right of way line of said F.M. 518(5.Frlendswood Drive). THENCE along the Easterly Right of Way line of said F.M.518(S.Friendswood Drive)being a curve to the left with Radius of 1004.93 feet, an arc length of 93.20 feet to a%,Inch Iron Rod found in Easterly Right of Way line of said F.M.518(S.Friendswood Drive),and in Westerly Right of Way of Old Friendswood Drive. THENCE along westerly Right of Way line of said Old Friendswood drive South 48 Deg.,05 Min.,47 Sec. East 133.31 feet to a Yz inch Iron Rod found in Northwesterly Right of Way Line of said Old Friendswood , Drive. THENCE North 41 Deg.,54 Min., 13 Sec. East 30.00 feet to a''/,inch Iron Rod found for a corner. THENCE along the center ling of said abandoned Old Friendswood Drive South 48 Deg„05 Min.,47 Sec. East 286.76 feet to the POINT and PLACE of BEGINNING,and containing an area of 1.1945 acre of land more or less. i q ••>0�•6,4' ht� O� Hassan Moghaddam •'•"'••"•..............MOCH ••M HASSAN MOCHA... .. k Texas RPLS No.2422 ..............""""•""3v"'° 2109 San Miguel Drive Iot�^y�va,t�� Friendswood,Texas 77546 t S0 _ FILED AND RECORDED 3•ytF� 0�`•c v�, OFFICIAL PUBLIC HECORUS 2010014005 narch 30, 2010 10.57:23 AM FEE: $32 00 M.,ry Ann Daigle. County Clerk Galveston County, TEXAS I I J• 906 � 909 ; Exhibit B 16 O g0o' 9°8 0 (Ord 2010-36) 4 F ry voS 1014 302 s� oS � O 916 ^� 8' 260 . 7 242 910 4 5 204 + 2 f 110 9 1101 j 221 1 1 �y n� 2�f 108. bF �S �ry j 0 R�tiF 104 0 3 ry° 1 a yip oo ,pry°� ^ry°e a h 'o ry°b F *ryo 9 ry^ry S ry°6 'PF �9 1104 o ^ry 1 ell, ^ry^ry 1 IFS \ Legend 1102 �G� \\ Q Pamels 9y " CFO Limits I 1108 " —Counties II `,&er.The Cdy of Fnendswoodmakes no representation or wananty as to the accuracy oftlds map and its information norto its fitness for use.Anyuserofthismapproductacceptsthe same ASIS, I` 'ALL FAULTS,and assumes ag msponsibibty for the use thereof,andhrdheragmes to not hold the City of Fnendswoodliablefrom anydamage,bss,orhabifityadsing lmm any use olthe map product. sulenf verifirab"on ofall information contained on this map shouldbe obtained by the end user City Friendswood 910 South Friendswood Drive Friendswood,Texas 77546 Friendswood GIS Mapping (281)996-3200 ww .dffiendswoodlx.us 1 ^=251 '