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HomeMy WebLinkAboutOrdinance No. 2011-17 (Title: An ordinance changing the zoning classification of a 1.4950-acre tract of land; located at 1003 and 1005 S. Friendswood Drive from Neighborhood Commercial (NC) to Downtown District(DD).) ORDINANCE NO. 2011-17 AN ORDINANCE AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A 1.4950-ACRE TRACT OF LAND LOCATED AT 1003 AND 1005 S. FRIENDSWOOD DRIVE (ALL OF LOTS 2 AND 3, BALES LEA SUBDIVISION, ACCORDING TO A MAP OR PLAT THEREOF RECORDED IN VOLUME 18, PAGE 334, GALVESTON COUNTY MAP RECORDS, GALVESTON COUNTY, FRIENDSWOOD, TEXAS), FROM NEIGHBORHOOD COMMERCIAL (NC) TO DOWNTOWN DISTRICT (DD); PROVIDING FOR 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 {r HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, Texas Gulf Bank N.A., the owner of a 1.4950-acre tract of land located at 1003 and 1005 S. Friendswood Drive, and being all of Lots 2 And 3, Bales Lea Subdivision,; . i according to a map or plat thereof recorded In Volume 18, Page 334, Galveston County Map Records, Galveston County, Friendswood, Texas (the "Property"), a description of which is attached hereto as Exhibit"A," and made a part hereof; and WHEREAS, the Owner has made application to the City to change the zoning classification of the Property from Neighborhood Commercial (NC) to Downtown District (DD), a copy of which is attached hereto as Exhibit`B" and made a part hereof; and i 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, aj public hearing on such request; and WHEREAS; the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application; and WHEREAS, 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. City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally, adopted the 101 day of November, 1984, same being Appendix C of the Friendswood City Code, and also being the zoning ordinance of the City, is hereby amended by changing the zoning classification of a 1.495-acre tract of land, located at 1003 and 1005 S. Friendswood Drive, and, being all of Lots 2 And 3, Bales Lea Subdivision, according to a map or plat thereof recorded in Volume 18, Page 334, Galveston County Map Records, Galveston County, Friendswood, Texas, the Property, from Neighborhood Commercial (NC) to Downtown District (DD). Section 3. 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 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 classification of said Property as described above to Downtown District (DD). Section 5. 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 Ord 2011-17 2 '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 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 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. Section 8. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 2Id day of May,2011. PASSED, APPROVED, and ADOPTED on second and final reading this 16th day of May,2011. i 1 Da . H. Smyth Mayor i l ' QA�(T�TEEST:: U " 4X �,. J lX� F F51E1Vps Melinda Welsh, TRMC �O City Secretary u o * rt s lgTF OF Ord 2011-17 3 i I Exhibit"A" to Ordinance No. 2011-17 Description of property located at 1003 and 1005 S. Friendswood Drive: All of Lots 2 And 3, Bales Lea Subdivision, according to a map or plat thereof recorded In Volume 18, Page 334, Galveston County Map Records, Galveston County, Friendswood, Texas, I Ord 2011-17 4 i i I EXHIBIT"A" I A 1.4950 acre(65,124 Sq.Ft.)tract of land and being all of Lots Two(2)and Three(3),of Bales Lea Subdivision,a subdivision in Galveston County,Texas,according to the map or plat thereof recorded in Volume 18,page 334,Galveston County,Map Records,and said 1.4950 acre tract being more particularly described by metes and bounds as follows: BEGINNING at the most westerly corner of the tract herein described,same being the most westerly corner of said Lot Two(2),and being in the northeast right of way line of South Friendswood Drive (100'R.O.W.)A.K.A. F.M. 518; THENCE S48°16'55"E along and with the northeast right of way line of said South Friendswood Drive,a distance of 75.00 feet to the most southerly corner of said Lot Two(2),and continuing for a total distance of 325.62 feet to the most southerly corner of said Bales Lea Subdivision, same being the most westerly corner of Oak Tree Development,a subdivision in Galveston County,Texas, according to the map or plat thereof recorded In Volume 15, page 190, Galveston County, Map Records; THENCE N41043'05"E along and with the most southeasterly line of said Bales Lea Subdivision, same being the most northwesterly line of said Oak Tree Development,a distance of 200,00 feet to the most easterly corner of said Bales Lea Subdivision and being in the most southwesterly line of Laurelfield Subdivision,a subdivision in Galveston County,Texas, according to the map or plat thereof recorded in Volume 18,page 191,Galveston County, Map . Records; THENCE N48°16'55"W along and with the most northeasterly line of said Bales Lea Subdivision, same being the most southwesterly line of said Laurelfield Subdivision,a distance of 250.62 feet I to the most northerly corner of said Lot Three(3),and continuing for a total distance of 325.62 feet to a point for the most northerly corner of the tract herein described,same being the most northerly corner of said Lot Two(2); THENCE S41°43'05"W along and with the most northwesterly line of said Lot Two(2),a distance of 200.00 feet the Point Of Beginning of the tract herein described. Bearing Basis:Grid North,Texas State Plane Coordinate System NAD83,Texas South Central Zone. I I Exhibit°B" to Ordinance No. 2011-17 I I 1. Application 2. Conceptual Site Plan i I Ord 2011-17 5 CITY OF FRIENDSWOOD f LAND USE. CHANGE APPLICATION ZONING CHANGE REQUESTED. DATE FILED: FROM;NC DATE OF PUBLIC HEARING: :..`TO.RD :FEE: $300.00. PROPERTY IDENTIFICATION: 10©3 StreetLROadAddreS9:South Friendewood Dr. Lot:2 & 3 BlockA/A .Addition:Bales Lea Subdivision `.LEGAL DESCRIPTION: Describe from deed records,attach copy of deed,and use Metes and Bounds Description: PLATTED LAND:Lots Two (2) & Three I3) of Balea Lea Subdivision,_ :recorded in Volume 18, Page 334, of Galveston County Map Records UNPLATTED LAND.(Musl have certified metes and b.0 ds.description,Including name and address and telephone number of surveyor) RECORDED OWNER:Texas Gulf Bank N.A OWNERS INEQRMATION NAME:Texas Gulf Bank N.A. EMAIL ADDRESS:LTrevino@TEXASGULFBANK.com PHONE NUMBER:281-996-7481 FAX#;281-996-7507 MAILINGADDRESSiloo S. F_riendewood Dr ste B CITY Friendawood STATE TX ZIP 77596 AGENT'S INFORMATION NAME:Ellis Surveying Services EMAILADDRESS: Gerry®elliseurvev.com PHONE NUMBER:4o9-938-8700 FAX#;409-938-8706 MAILINGADDRESS8419 E. F. Lowry 8xnreeeway CITY Texas City STATE TX ZIP 77591 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 Slgnatur � r 3===== Slgnsture: �— wn c�wv w.:O*q,No (Agent) ! 6VL- aY+NV�, n4.e, . FEE: DATE PAID: N f A RECEIPT NUMBER: — �nmNgmeNlPWx+wm+ezavgwax Fam„Zatinp kmevawu»aemoevNam•raamacee .802 810 107 OOQ 807 902 903 PG 108 ��, 9�F'P 907 608 204 209 @F QO 906 Y� 200 202 4Py'�� 901 903 903 1 927 807 210 902 1§12 sot zoa 901 ob �sTFA 904 209 809 O C tyGR 901 900 PF� 909 906 0/1, 207 i F<ty� 00� 00 �cT 9^^ 811 �QO Oh O OTC 913 ? ! 10f0 s02 R,`� e �.� °G,`, o0 i O'1 O T O4 O (qG . 00 O 201 ko 901 000 'PF< O ^� o 914 109 ^ 009 000 NCO O 830 1%, 913 - 107 1012 37 907 105 ��is 8iy 9�ry 1014 N ��, 103 902 � �^ A 904 �000 916 101 8 204 105 107 1005 7 4 910 5 110 2 op��R 1 1101 1 108 906 'Ok C NF Legend y� ®Parks �Qy 6 4r ®sad. Q� y,ZP�J, 'i00 111 0 ar ae '220 105 1104 In —Counties 1202 finer.The City ofFrendsxoodmakes no representation or warranty as to the eccuracy ofUis map and ifs Wormation norto its fitness forms.Any userof this map product accepts the same AS lS, It c411FAULTS,and assumes an responsibiW forthe use thereof,and/adheragrees to not hold the afyof Fneno'swmd liable fmm any damage,Anse.orliabifityansing from any use ofthemap pmdud. Yr w—.;p ndenf verification ofall information containedon this map should be obtained bythe end user. City Friendswood e gcln ut dswod,Texas 7U6 Fr Friendswood GIS Mapping ,. (281)996a200 w .ci_fiendswood.tt.us 1 "=228 '