HomeMy WebLinkAboutOrdinance No. 2001-12 ORDINANCE NO. 2001-12
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 ZOIVING
ORDINANCE OF THE CITY, BY CHANGING THE ZONING
CLASSIFICATION OF A CERTAIN 0.4951 ACRE TRACT OF LAND FROM
COMMUNITY SHOPPING CENTER (CSC), TO MULTI-FAMILY
RESIDENTIAL-HIGH DENSITY (MFR-H); SAID TRACT BEING SITUATED
IN THE PERRY AND AUSTIN LEAGUE, ABSTRACT NO. 20, GALVESTON
COUNTY, BEING LOCATED WITHIN THE CITY AT 101 LIVE OAK
STREET, AND BEING DESCRIBED BY METES AND BOLTNDS;
PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP
OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF.
* * * * *
WHEREAS, Carl Horecky is the owner (the "Owner") of a certain 0.4951 acre tract of
land, more or less, located in the Perry and Austin League, Abstract No. 20, and being more
particularly described by metes and bounds (the "Tract"), presently zoned Community Shopping
Center(CSC), pursuant to the City's Zoning Ordinance, as amended; and
WHEREAS, the Owner has made application to the City to change the zoning
classification of said Tract, same being more particularly described as attached hereto and for all
things made a partllereof, from Community Shopping Center(CSC) to Multi-Family Residential
- High Density(MFR-H); 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
FWD/Z-Chg/CSC TO MFR-H/101 Live Oak
4/9/O1
WHEREAS, the Planning and Zoning Commission recommended and the City Council
now deems it appropriate to grant such request subj ect 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 the 0.4951 acre tract of land, more or less,
situated in the Perry and Austin League, Abstract No. 20, Galveston County, and being located at
101 Live Oak Street within the City, such parcel being more particularly described by the metes
and bounds description attached hereto as Exhibit "A," is hereby changed from Community
Shopping Center (CSC) to Multi-Family Residential - High Density (MFR-H) subject to the
regulations, restrictions, and conditions hereinafter set forth.
Section 3. The Zoning District Map of the City of Friendswood shall be revised and
amended to show the designation of said Tract, as described and as provided 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 revise
any provision of any ordinance of the City of Friendswood, save and except the change in zoning
classification of said 0.4951 acres to Multi-Family Residential — High Density (MFR-H) as
described above.
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
FWD/Z-Chg/CSC TO MFR-H/101 Live Oak
4/9/Ol
Page 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 6. 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. Each day of violation shall constitute a separate offense.
PASSED AND APPROVED on first reading this 16th day of April , 2001.
PASSED, APPROVED, and ADOPTED on second and final reading this l8th day of
June , 2001.
�e�
Harold L. itaker
Mayor
ATTEST:
C
. �
Deloris McKenzie, C
City Secretary
MOTION: COUNCILMEMBER MEL MEASELES
2ND: COUNCILMEMBER KITTEN BRIZENDINE
APPROVED: UNANIMOUSLY
FWD/Z-Chg/CSC TO MFR-H/101 Live Oak
4/9/01
Page 3
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101 Live Oak Lane
Metes and Bounds Description ,
A 0.4591 acres of land out of a called 0.781 acre tract described in a deed dated July 12,
1978 to Carl Horecky, and recorded in Volume 3001, Page 725 of the Deed Records of
Galveston County, Texas, and located in the Perry and Austin League, Abstract No. 20,
Galveston County Texas, and 0.4591 acres of land being more particularly described by
metes and bounds as follows: (Bearings based upon Volume 3001, Page 725 of the Deed
Records of Galveston County, Texas)
BEGINNING at a 'h inch iron pipe found for the most easterly corner of said 0.781 acre
tract, and located in the northwesterly right-of-way line of F.M. 2351, said point also
being the south corner of a tract of land conveyed to the Friendswood Methodist Church
recorded in Volume 1703, Page 197 of the of the Deed Records of Galveston County,
Texas;
THENCE South 45'00'00" West along the northweste:ly line of said FM 23S 1, being the
southwesterly line of said 0.781 acre tract, a distance of 100.00 feet to a 5/8 inch iron rod
set for corner;
THENCE North 45'00'00" West along the proposed northeast right-of-way line of Live
Oak Lane, a distance of 200.00 feet to a 5/8 inch rod set for corner;
THENCE North 45'00'00" East a distance of 100.00 feet to a t 5/8 inch iron rod set for
corner ii the common line between said 0.781 acre tract and said tract recorded in
Volume 1703, Page 197 of the Deed Records of Galveston County, Texas;
THENCE South 45'00'00" East along the common line between said 0.781 acre tract and
said tract recorded in Volume 1703, Page 197 of the Deed Records of Galveston County,
Texas, a distance of 200.00 feet to the PLACE OF BEGINNING of the herein described
tract and containing with in these calls 20,000 square feet or 0.4591 acres of land.