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HomeMy WebLinkAboutOrdinance No. 2011-11 r l ) (Title: An ordinance changing the zoning classification of a .333 acre tract located at 107 Shadwell Way from Planned Unit Development with Specific Use Permit (PUD-SUP) to Planned Unit Development with (new) Specific Use Permit (PUD-SUP) to allow the property owner to use the property for NAICS uses 952 (Finance and Insurance), #531 (Real Estate), and #54 (Professional, Scientific and Technical Services, except 541380 Testing Laboratories and 541940 Veterinary Services)). ORDINANCE NO.2011-11 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 PROPERTY LOCATED AT 107 SHADWELL WAY WITHIN THE CITY FROM PLANNED UNIT DEVELOPMENT WITH SPECIFIC USE PERMIT (PUD-SUP) TO PLANNED UNIT DEVELOPMENT WITH (NEW) SPECIFIC USE PERMIT (PUD-SUP) TO AUTHORIZE THE USE OF THE PROPERTY FOR NAICS USES #52 (FINANCE AND INSURANCE), #531 (REAL ESTATE), AND #54 (PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES USES, EXCEPT 541380 TESTING LABORATORIES AND 541940 J VETERINARY SERVICES); PROVIDING FOR THE AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, the property located at 107 Shadwell (the "Property") is currently zoned Planned Unit Development with Specific Use Permit (PUD-SUP); and WHEREAS, the uses of the property permitted by the Specific Use Permit are currently not in use; and WHEREAS, Clayton Alan Johnson, the Owner, would like to use the property for NAICS uses #52 (Finance and Insurance), #531 (Real Estate), and #54 (Professional, Scientifil r� and Technical Services, except 541380 Testing Laboratories and 541940 Veterinary Services); and WHEREAS, the comprehensive zoning ordinance of the City permits the use of land, buildings and structures for these uses within the Planned Unit Development district only pursuant to a Specific Use Permit(SUP) granted in accordance herewith; and WHEREAS,the Owner has filed an application with the City of Friendswood requesting that the Property be rezoned with a new SUP to allow these desired uses and terminating the uses allowed by the previous SUP; 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 WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed new SUP and the City Council deems it appropriate to grant such request, subject to certain regulations,restrictions, and conditions;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 .333 acre tract of land located a 107 Shadwell Way, same being more particularly depicted in the site plan attached as Exhibitt "A" hereto, and shown and described on Exhibit B, attached hereto, and for all things made a part hereof, and also being: .333 acres, being Lot 1, Block 1 of Winding Hollow, according to the map or plat i ' thereof recorded in Plat Record 18, Map Number 1062 in the Map Records of Galveston County, Galveston County,Friendswood, Texas, Ord 2011-11 2 r� E is hereby changed from Planned Unit Development with Specific Use Permit (PUD-SUP) to Planned Unit Development with (new) Specific Use Permit (PUD-SUP) to permit the uses specified in Section 3 below. Section 3. The City Council of the City of Friendswood, Texas, hereby grants a new! Specific Use Permit for the property located at 107 Shadwell Way, as set forth below: A. The property owner may use the property for NAICS uses #52 (Finance and Insurance), #531 (Real Estate), and #54 (Professional, Scientific and Technical Services, except 541380 Testing Laboratories and 541940 Veterinary Services). B. Any and all uses specified in any previously granted SUP affecting this property are null and void. Section 4. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of the Property, as described and as provided in Sections 2 and, 3 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 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 circumstanc 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 o provision hereof other any part or provision hereof other than the part declared to be invalid or I 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 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 7'h day of March,2011. Ord 2011-11 3 PASSED, APPROVED, AND ADOPTED on second and final reading this the 21s` day of' March,2011. avid PH S Mayor ATTEST: O@ FRIENpS �O Melinda Welsh,TRMC 0 o City Secretary sr�Te OF ,( Ord 2011-11 4 Exhibit A - R.O.W. ul (Ord 2011-11) SHADWELL LANE (V An..c r� � N 4478'11 " E CONCRETE DRIVE g+�p.�„ f W__ y 15.8' o 4 ! •r•//! 4:22.5"/!/, ,{u ,a'�� �tiC �r o , � �l5' / asvo• �tZ�ya y '9Qk Q Z U) —41 m q T G'11.4'oT. ���OS m CTt 2 -16 '' C A ; o oo sT 0 6Z Off, 3`gQZ 66, If co Q O 4 rn R 7� EXISTING 16' U' I tiT (VOLUME 15, Pt 44 2811 W Y96.66 :� a 0i..G� 09- Amok ` , � �;-- _sn >1,��}uno�Uiao�an�oD �o sP.ioaa c! C ✓.� r •' S Dale L. Hardy registered Professiorical �.; Lon-d Surveyor 4847 •. 'N'.�j fit n{/ !Fr •'}.l. 0WovS �` 10 S , acres � IMS 4A 11.4% LP p . 1 Exhibit B1 I — (Ord 2011-11) -I --- - -- - - --FND- - j 5/8"tR . (CM) Survey of the Southwest 0.333 acre of land out of Lot One (1 ), in Block One (1 ), of AMENDED FINAL PLAT OF WINDING HOLLOW, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Plat Record 18, Map Number 1062, in the Map Records of Galveston County, Texas, and said 0.333- acre being that some certain tract formerly known as Lot One (1 ), in Block One (1 ), oil WINDING 'HOLLOW, u subdivision in Galveston County, Texas, according to the map or plat thereof recorded at Plat Record 15, Map Number 121 , in the Map Records of Galveston County, Texas, which former Lot 1 was abandoned by said AMENDED FINAL PLAT OF WINDING HOLLOW. Borrower: John E. McClure and Mary S. McClure Notes: 1 .) This survey was prepared based on Title Commitment provided by Alamo Title, GF# ATH-0I --COM—ATH10010249CU, issued November 2.2., 2.010. 2.) This property lies in Zone AE (El_ 2.1 ), defined by FEMA as Special Flood Hazard Areas (SFHA's) {� inundated by 100— year flood, scaled from FIRM II�►. o 9�3 Exhibit B2 a3 907 (Ord 2011-11) 302 vo 11014 7 N 904 SIB/ e/y �� O � rno. �Yy_ 71y 916 8 'ems 'Yj 242 '0 7 204 910 4 5 2 - 110 1 1101 1 906 108 I. o yIVA Q` f 104 y4iQ��G 4`��ry A Q y ory I NT 105 �rl0b �epF n 220 1�1 _ 1104. rv0 4ti l A 222 A \\ � I 306 1102 �qr '1 1108 1901 . . .__._. . 301 _. _ ❑ I.. .. ymer.The City ofFdendswow makes no representation or warranty as to the accuracy of this map andits mrormab'on norto its fitness roruse. Any userof this map product accepts the same AS IS, ALL FAULTS,and assumes all responsibifity for the use thereof.andfurtheragmes to not hold the CityorFuendswmdliable fmm any damage,loss,orliabilify arising from anyuse of the map product. I( V, epandent vedfication ofalllnrormabon contained on this map should be obtained by the end user. City South Friendswood e g10 Frindswod, leas 77546 Friendswood GIS Mapping (281)996J200 '' wwwci.friendswood.bf.us 1 "=260 '