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HomeMy WebLinkAboutOrdinance No. 2013-04 (Title: An ordinance approving a zoning classification change for 1109 Cowards Creek Drive, (Lots 1 and 3, Block G, Central Park Subdivision) from Single - Family Residential Dwelling District (SFR) to Single-Family Residential Estate Dwelling District (SFR-E).) ORDINANCE NO. 2013-04 AN ORDINANCE AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION FOR 1109 COWARDS CREEK DRIVE, A 1.52 ACRE TRACT OUT OF LOTS 1 AND 3, BLOCK G, CENTRAL PARK SUBDIVISION, FRIENDSWOOD, GALVESTON COUNTY, TEXAS, FROM SINGLE - FAMILY RESIDENTIAL DWELLING DISTRICT (SFR) TO SINGLE — FAMILY RESIDENTIAL ESTATE DWELLING DISTRICT (SFR-E); PROVIDING FOR AN AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, Sung-Yun Hong and Young-Ju Hong are the owners of a parcel of land and i improvements (the "Property") generally located at 1109 Cowards Creek Drive, Friendswood,' Texas, a 1.52 acre tract out of Lots 1 and 3, Block G, Central Park Subdivision in the J.R. Williams or Sarah McKissick League, Abstract 151, according to the map or plat of said I subdivision recorded in Volume 231, Page 604 in the Office of the County Clerk, Galveston County, Friendswood, Texas. WHEREAS, the Property is described and depicted in more detail in Exhibit "A" attached hereto and incorporated by reference for all purposes; and WHEREAS, the owners have made application to the City to change the zoning classification of the Property from Single - Family Residential Dwelling District (SFR) to Single I Family Residential Estate Dwelling District (SFR-E), a copy of which application is attached hereto as Exhibit`B" and made a part hereof, 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 joint public hearing on such request; and WHEREAS, the Planning and Zoning Commission has filed its written report with City, Council, whereby the application received a majority vote recommending 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 f adopted the 19t' day of November, 1984, the 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 the 1.52 acre tract of land, also known as 1109 Cowards Creek Drive, being out of Lots 1 and 3, Block G, Central Park Subdivision, a map and metes and bounds description of which are attached hereto and made a part hereof as Exhibit"A" (the"Property"), from Single Family Residential Dwelling District (SFR) to Single - Family Residential Estate Dwelling District(SFR-E). 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. Ord 2013-04 2 • Z 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 Single - Family Residential Estate Dwelling District (SFR-E). 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 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 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 6. 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 violations shall constitute a separate offense. PASSED AND APPROVED on first reading this 4`h day of February,2013. PASSED, APPROVED, AND ADOPTED on second and final reading this 4`' day of March,2013. Kevin olland Mayor IT �,....., ATTEST: 00' ENpS�.••. 00. T&L J- = Melinda Welsh,TRMC 'ter City Secretary °;* ' :•'ye° Ord 2013-04 3 Exhibit"A" to Ordinance No. 2013-04 Location map and description of the Property located at 1109 Cowards Creek Drive, Friendswood, Texas: L , Ord 2013-04 4 Ordinance 2013-04 Exhibit A �P oOro i, ' 9f3 9� A y, 1904 0 2� �F S0s 707 ryryh^ J00Smy 207 609 loos 801 • "'- \007 1004 911 206 'YP i os _ /1009 — / OL o oy 803 806 1006 � � � o �oOS 1003 '0 805 808 o v0'0 4i �o P N 901 J 0S �00.1 1010 900 903 y 'o Oy 1000 Qom? 10i D 1001 902 0 rn 910 s 'moo v� 6' Q� � �i 0> 00 1102 1100 90' 1104 Os 1106 oRp1E 911 �O2 Rio 1108 i0 5 GR GovjPR 1103 1007 1005 11 sr 1003 R. 1110 z 1202 1109 1105 -- \���1?OS 700. \ 1004 v�Os 1204 1111 _\ , 1006 R� s ?0� 1201 1008 EEGOJ o fi r'� 1206 519 �PROC, 1003 1203 O �' 1005 0 � 518 !� 603 1208 1205 ySpy 1007 I 1006 1207 �qy 607 / Cb F 1008 — 15 514 1010 0 20 ^3 i 400 18 C ^^ 510 �OiFC, N6 �F,9� 9 1013 sQ C'OG 7 512 Coy 501 ^� 'PT 3 Qy �j0' 4 aF 8 1 �CFAp`sl 505 6 4 ♦ N 502 506 �O.90 1212 2 hoer.The City of Fdendswood makes no representation or warranty as to the accuracy or this map and its information nor to its fifness for use.Any userof this map product accepts the same AS IS, ".v4:�ALL FAULTS,and assumes all responptt;Ry for the use thereof,and further agrees to not hold the City of Filendswood liable hom any damage,loss,orliability ansing from any use of the map product IndepeMenf verificeb"on ofall information cornainedon this map should be obtanedbythe end user. City of Friendswood 910 South Friendswood Drive Friendswood,Texas 77546 Friendswood GIS Mapping ' (281)9963200 wwwci ffiendswood.tc.us 1 "=3.59 ' LEGAL DESCRIPTION A part of Hosmer's re-subdivision of part of Central Park Subdivision of the J.R. Williams or Sarah McKissick League in Galveston County, Texas, according the map or plat of -said Subdivision recorded in Volume _. 231, Page 604, in the Office of the County Clerk of Galveston County, Texas; COMMENCING a at point for the North corner of Lot 1, Block "G" central Park Subdivision; i THENCE South 45 deg. 12 min. 30 sec. , West along the Northwest line of said Lot 1, a distance of 10.00 feet to.a point; THENCE South 44 deg. 58 min. 13 sec. , East, parallel to the Northeast line of said Lot 1, a distance of 711.46 feet to a point; THENCE South 61 deg. 08 min. 20 sec. , West, a distance of 8.60 to a point of curvature; THENCE in a Westerly direction, along a curve to the right having a radius of 181.72 feet, and an arc length of 111.67 feet to a point of tangency; THENCE North 83 deg. 39 min. 10 sec. , West, a distance of 378.64 feet to a point of curvature; THENCE in a Westerly direction along a curve to the left having a radius of 443.13 feet, and an arc length of 205.71 feet to a point of i tangency; THENCE South 69 deg. 45 min. West, a distance of 333.17 feet to a 1/2 inch iron rod found for the' PLACE OF BEGINNING of the tract herein described tract; THENCE South 35 deg. 58 min. 31 sec. , East a distance of 234.00 feet to a one inch iron pipe found for corner being the North corner of the Stanolind Tract, as recorded in Volume 713 Page 110 Deed Records Galveston County, Texas; THENCE South 45 deg. 13 min. 25 sec. , West, along the Northwest line of the said Stanolind Tract, a distance of 129.05 feet dross the common line of said Lots 1 and 3, in all •a distance of 220.00 feet to a 112 inch iron rod found for corner in the centerline of a 30 •foot drainage easement; THENCE North 44 deg. 46 min. 35 sec. , West, along the centerline of said easement, a distance of 307.95 feet to a 1/2 inch iron rod found for corner in the Southeasterly right-of-way line of Cowards Creel Drive; THENCE North 54 deg. 20 min, East along the Southeasterly right-of-way of said Cowards Creek Drive a distance of 57.60 feet to a 5/8 inch iron rod found for a point of curvature. THENCE continuing along the Southeasterly right-of-way line of Cowards Creek Drive being a curve to. the right, having a radius of 588.4 feet, and an arc length of 34.01 feet, cross the common line between said Lot 1 and 3 in all a distance of 158.32 feet to a 1/2 inch iron pipe found for a point of tangency; THENCE North 69 deg. 45 min. East, continuing along the Southeasterly 'right-of-way line of Cowards Creek Drive a distance of tAENCE South 44 deg. 58 min. 13 sec. , East, parallel to the Northeast ' Tine of said Lot 1, a distance of 711.46 feet to a point; THENCE South 61 deg. 08 min. 20 sec. , West, a distance of 8.60 to a point of curvature; THENCE in a Westerly direction, along a curve to the right having a radius of 181.72 feet, and an arc length of 111. 67 feet to a point of tangency; THENCE North 83 deg. 39 min. 10 sec:, West, a distance of 378.64 feet to a point of curvature; THENCE in a Westerly direction along a curve to the left having a radius of 443.13 feet, and an arc length of 205.71 feet to a point of tangency; THENCE South 69 deg. 45 min. West, a distance of 333.17 feet to a 1/2 inch iron rod found for the PLACE OF BEGINNING of the tract herein described tract; THENCE South 35 deg_ . 58 min. 31 sec.. , East a distance of 234.00 feet to a one inch iron pipe found for corner being the North corner of the Stanolind Tract, as recorded in Volume 713 Page 110 need Records Galveston County, Texas; THENCE South 45 deg. 13 min. 25 sec. , West, along the Northwest line of the said Stanolind Tract, a distance of 129.05 feet cross the common line of said Lots 1 and 3, in all a distance of 22000 feet to a 1/2 inch iron rod found for corner in the centerline of a 30 •foot drainage easement; THENCE North 44 deg. 46 min. 35 sec. , West, along the centerline of said easement, a distance of 307.95 feet to a 1/2 inch iron rod found for corner in the Southeasterly right-of-way line of Cowards Creek Drive; THENCE North 54 deg. 20 min, East along the Southeasterly right-of-way of said Cowards Creek Drive a distance of 57.60 feet to a 5/8 inch irons rod found for a point of curvature. THENCE continuing along the Southeasterly right-of-way line of Cowards Creek Drive being a curve to the right, having a radius of 588.4 feet, i and an arc length of 34.01 feet, cross the common line between said Lot 1 and 3 in'all a distance of 158.32 feet to a 1/2 inch iron pipe found for a point of tangency; THENCE North 69 deg. 45 min. East, continuing along the Southeasterly right-of-way line of Cowards Creek Drive a distance of 52.35 feet to the PLACE OF BEGINNING. n J. Garlyn Rainwater Registered Professional Land Surveyor No. 4722 P(E, T.rF Date: October 2, 1992 �j� :�LG FRFa Revised: October 23, 1992 16. ................... [EFi- .... 47YL ' �99oF�ssto°�Pp� i I Exhibit`B" to Ordinance No. 2013-04 1. Application Ord 2013-04 5 Ordinance 2013-04 Exhibit B CITY OF FRIENDSWOOD LAND USE CHANGE APPLICATION ($300.00) ZONING CHANGE REQUESTED DATE FILED: DATE PAID: C FROM: ECEIPT# N 1 t 0 DATE OF PUBLIC HEARING: PROPERTY IDENTIFICATION: i Street/Road Address: //u % C'LtLrAYOA CY>4h � b Lot: 1�o Block:Ct�i4 dition:_/}bst. 10 64e .Z' LEGAL DESCRIPTION: Describe from deed records, attach copy of deed, and use Metes and Bounds Description' J PLATTED LAND: If I UNPLATTED LAND(Must have certified metes and bounds description, including name, address and telephone number of surveyor) OWNER'S INFORMATION NAME: S11nb1 Vir 19 r'1 \ O (11 f —ii� —Eo17f] 1 EMAIL ADDRESS: o h Al 6o144 PHONE NUMBER Xf) �f � .7 3 c�S� FAX#: MAILING ADDRESS 1 O e."lUiiiefdd& CITY �tell 1ud STATE 'T� ZIP 7.5� � AGENT'S INFORMATION NAME: EMAIL ADDRESS: PHONE NUMBER: FAX#: MAILING ADDRESS CITY STATE ZIP In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written i representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agenPs representations in matters pertaining to the above described property. The designation of an agent in this matter in no way absolves the owner of any of the owner's responsibilities outlined by the City of Friendswood. PETITION: As owner/Agent, l 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 ,/" �^�/ /� 1' 3�/► ;� •/ Own r) (Date) Signature: (Agent) (Date) nnsrmz EXHIBIT"B" CITY OF FRIENDSWOOD LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED (DATE FILED In P FROM: D R DATE OF PUBLIC HEARING: TO: S P7(Z— C FEE: $300:00= PROPERTY IDENTIFICATION: Street/Road Address: J1�9 CoWetrdnf 6-ee/G J)�c �d2r9c(SGJ or ] T 7-1 -6 Lot:' ( w3 Block: Cj_,Addition: U-,w7-4 Orz'ur— $L( LEGAL DESCRIPTION: Describe from deed records,attach copy of deed, and use Metes and Bounds Description: PLATTED LAND: `fie✓ e-&?Z " UNPLATTED LAND (Must have certified metes and hounds description,Including name and address and telephone number of surveyor) RECORDED.OWNER: ALVVQ4 �Wn �t`1T+1 P.. f y0r✓ G! ' tlT� OWNER'S INFORMATION 1 NAME:.T n r ot(W ''1 fTQV EMAIL ADDRESS: y i!,< bj.'v a �!•v(L Cory PHONE NUM ER:,--W/-44Pr�}.—,;X3o FAX#:_V/ �trPJ <4%a d MAILING ADDRESS ' I( o9 eooel',Wk Cacele )Dr' 5,erkls0D.l P' T •7-75-y,6 CITY �)i C4A 45tJOad STATE fir ZIP 77 �74 4 AGENT'S INFORMATION NAME: EMAIL ADDRESS: PHONE NUMBER: FAX#: 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 Signature _ Signature: (Ow er) :InloF{. ��� O (Agent) FEE: 014 DATE PAID:-RECEIPT NUMBER: l.1Cf1m.+,ny DeAYmerdP.'a,nNO Erd Zav9`Plame,WEZFarmtZairg lart,aVaMuaediznga t�ynaiv,•reamelae FAIR //2" I.R. .. AV D. 518" I.R. �' R APT ri.6' 'E't Ec rerc. L/Ne EassNB(wr r 1I VD'L UNE 286l, 'PADF 4Id D;RDC r.X. 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