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HomeMy WebLinkAboutOrdinance No. 2001-11 ORDINANCE NO. 2001-11 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 A CERTAIN 11.16 ACRE TRACT OF LAND FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (SFR) TO MULTI- FAMILY RESIDENTIAL-GARDEN AOME DISTRICT (MFR-GHD); SAID TRACT BEING SITUATED IN THE GEORGE W. PATTERSON SURVEY, ABSTRACT 645, GALVESTON COUNTY, WITHIN THE CITY AND BEING DESCRIBED BY METES AND BOUNDS; 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, William F. Mitchell, Eagle Creek Investments, Ltd., and Friendswood Lakes, Inc., General Partner are the owners (the "Owners") of a certain 11.16 acre tract of land, more or less, located in the George W. Patterson Survey, Abstract 645. and being more particularly described by metes and bounds (the "Tract"), presently zoned Single-Family Residential (SFR),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 Tract, same being more particularly described as attached hereto and for all things made a part hereof, from Single Family Residential (SFR) to Multi-Family Residential - Garden Home District (MFR-GHD); and WHEREAS, the Planning and Zoning C�inmission 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/SFR TO MFR-GH-W. Parkwood 3/22/O1 WHEREAS, the Planning and Zoning Commission recommended and the City Council now 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 the 11.16 acre tract of land, more or less, situated in the George W. Patterson Survey, Abstract 645, Galveston County, and within the City, such parcel being more particularly described by the metes and bounds description attached hereto as Exhibit "A," is hereby changed from Single-Family Residential (SFR) to Multi-Family Residential — Garden Home District (MFR-GHD) 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 �f the City of F�-iendswood, save and except the change in zoning classification of said 11.16 acres to Multi-Family Residential — Garden Home District (MFR- GHD) 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/SFR TO MFR-GH-W. Parkwood 3/22/O1 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 $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 2nd day of April , 2001. PASSED, APPROVED, and ADOPTED on second and final reading this 16th day of_ April , 2001. � arold L. Whitaker Mayar ATTEST: . � D loris McKenzie, T C City Secretary MOTION: Councilmember Kim Brizendine 2ND: Councilmember Kitten Brizendine APPROVED: Unanimously FWD/Z-Chg/SFR TO MFR-GH-W. Parkwood 3/22/O1 Page 3 • � � ` EXHIBZT "A" � • PIGLD NOTCS DGSCRIP-i�ION OF A TRACT OP LAND CONTAINING 1 1.1 C ACRES(486,213 SQUARE FEET)OF LAND SITUATED IN THE GEORGE W.PA7'I'ERSON SURVC-Y,ABSTRACT NUMBGR 645,GALVES"CON COUNTY,TEXAS;BEING OUT OF AND A PART OF A CALLED 6.G778 ACRE TRAC7'RECORDED UNDER GALVESTON COUNTY CLERK'S �ILE(G.C.C.f.)NU�4BE2 2000031702 AND n QUIT CLAIM DELD GRANTED TO GEORGE A.BOFYSIL,JR. RGCORDL-D UNDE-R G.C.C.F.NUMDER R537569;SAID I 1.1C ACRE TRACT'BEING MORE PART[CULARLY D6SCRfBED E3Y�4ETES AND BOUNDS AS I�OLLOWS(QEARINGS ARE ORIENTED WITH THE BEARING BASE RGPLEC"I�FD ON THE PROPOSED PLAT OF 1=RIGNDSWOOD LAKES SECTION ONG): COMMCNCING AT A 5/8-[NCH IRON ROD FOUND IN THE SOUTHERLY RIGHT-OF-WAY(R.O.W.)LINE OF FM 528 E3nSED ON A I RO-FOOT WID'I'f 1 AS DEPICTED ON TXDOT DISTRICT 12 10B NO. 13,SHEET 9 R.O.W.MAP OF FM 528,SAID IRON ROD MA2KING TFIB WESTERLY COMMON CO2NER OP A CALLED 10.00 ACRE TRACT RECORD[U UNDER G.C.C.F.NUMBER 9G37A49 AND THE NORTHERLY CORNER OF�AID 6.6778 ACRE TRACT; 'i'IIGi\'C1:,SOU'I'1I 44°34'S2"WL•S'I�,ALONG SAIll SOU"1'IIL.IZLY R.O.W.LING Of PM 528,A DIS"I'ANCG Of 43R.13 FE-G"f TO TfiG POINT O�BEGINNING OP THE H[REIN DESCRIBGD TI2ACT Or LAND; l'IILNCG,SOUlIiGAS�1�GRLl',Df_PA2"�ING SAID SOUTE-IERLY R.O.W.LINE,AND ALONG A CURVE TO THE LEFT HAVING A[tADIUS OF 25.00 FEET,AN ARC LENGTH OF 39.27 FEET,A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS SOUTH 00°25'OR"EAST,35.36 FEET TO A POINT OF TANGENCY; THGNCE,SOUTH 45°25'OS"EAST,A DISTANCE OF 127.54 FEEl'TO A POfNT OF CURVATURE; "I'F[CNCE,SOUTIIEASTERLY,ALONG A CURVE TO TIiE LEPT HAVING A RADIUS OF 525.00 FEET,AN ARC LENGTH OF C8.38 FEET,A CENTRAL ANGLE O�07°27'44",AND A CHORD WHICH BEARS SOUTH 49°09'00" EAST,C,8.33 PEET TO A POINT OP COMPOUND CURVATURE; "I'fi@NCC,SOUI'HEASTERLY,ALONG A CURVE TO THE LEFT HAVING A RADfUS OF 25.00 FEET,AN ARC LENGTH OF 20.07 FEET,A CENTRAL ANGI.E OF 45°59'S8",AND A CHORD WHICH BEARS SOUTH 75°52'S1" EAST, 19.54 FEET TO A POINT OF REVERSE CURVATURE; THCNCG,SOUTHEASTGRLY,ALONG A CURVE TO THE R[GHT HAVING A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 99.38 FEET,A CENTRAL ANGLE Of I 13°52'S0",AND A CHORD WHICH BEARS SOUTH 41°56'25" EAST,R3.81 PEET TO A PO[NT OF TANGENCY; TFILNCG,SOUTH 45°00'00"EAST,A D[STANCE OF 6.52 PEBT TO A PO[NT; Tf IENC�,NORTH 44°34'S2"EAST,A DtSTANCE OF 450.96 PEET TO A POINT IN THE SOU7'HWESTERLY LINE OF THE AFORESAID 10.00 ACRE TRACT; r THENCE,SOUTH 44°54'10"EAST,ALONG SAID SOUTHWESTERLY LINE,A DISTANCE OF 340.01 FEET TO A POINT FOR THE EASTERLY CORNER Or SAID b.C778 ACRE TRACT FROM WHICH A 5/8-INCH IRON ROD FOUND MARKING THE SOUTHERLY CORNER OF THE SAID 10.00 ACRE TRACT BEARS SOUTH 44°54' 10"EAST A DISTANCE OF 332.24 FEET; THENCE,SOUTH 44°34'S2"WEST,DEPARTING SAID SOUTHWESTERLY LINE AND ALONG A NORTHWEST[RLY LINE OF THE AFORESAID PROPOSED FRIENDSWOOD LAKES SECTION ONE,A DISTANCE OF 1307.2C FEET TO A POINT IN THE NORTHEASTERLY L[NE OF PROPOSED LTNRESTRICTED RESERVE"B", SAID FRIENDSWOOD LAKES SECTION ONE; THENCE,NORTH 45°00'00"WEST,ALONG SAID NORTHEASTERLY LINE,A DISTANCE OF 138.09 FEET TO A POINT OF CURVATURE; TIiENCC,SOUTHWESTERLY,DEPART(NG SA(D NORTHEASTERLY LINE,AND ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 475.00 FEET,AN ARC LENGI'H OF 3.90 FEET,A CENTRAL ANGLE OF 00°28'IS",AND A CHORD WH1CH BEARS SOUTH 39° i I'4G"WEST,3.90 FGET TO A POINT OF REVERSE CURVATURE; "I'FiCNCG,SOUTHWESTERLY,ALONG A CURVE TO THE RIGHT,HAV[NG A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 89.73 FEET,A CENTRAL ANGLE OF IO2°49'32",AND A CHORD WHICH BEARS SOUTH 28°25' 18" WEST,78.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE,SO�JTHWESTERLY,ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 25.00 FEET,AN ARC LENGTH OF 20.1 I FEET,A CENTRAL ANGLE OF 4�°OS'06",AND A CHORD WHICH BEARS SOUTH 5G°47'31" WEST, I9.57 FEET TO A POINT OF REVERS[CURVATURE; TEICNCC,SOUTFI�VESTC-RLY,ALONG A CURVG TO TFIE RIGHT,HAV WG A RADIUS OF 530.00 FEET,AN ARC LENGTH Of 104.07 FEET,A CE[JTRAL ANGLE O� I I° IS'02",AND A CHORD WHICH BEARS SOUTH 39°22'29" �vEST, 103.90 PEET TO A POINT OF TANGENCY; THGNCG,SOUTH 45°00'00"WEST,A DISTANCB OF 25.00 FEET TO A POINT OF CURVATURE; THENCE,SOUTHWESTERLY,ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 25.00 FEET,AN ARC LENGTH OF 39.27 FEET,A CENTRAL ANGLE Of 90°00'00",AND A CHORD WHICH BEARS SOUTH,35.36 FEET TO A PQINT OF TANGENCY IN TH[NORTHEASTERLY R.O.W.LINE OF PROPOSED FRIENDSWOOD LAKES BOULEVARD,AS DEPICTED ON THE PROPOSED PLAT OF THE AFORESAID FRIENDSWOOD LAKES SECTION ONE; THGNCG,NO2TH 45°00'00"WEST,ALONG A NORTHEASTE2LY R.O.W.LINE OF SAID FRIENDSGVOOD LAKES BOULLVARD,A DISTANCE OF 1 10.00 FEET TO A PO[NT OF CURVATURE; 1 2001-11 THGNCE,NORTHEASTERLY,D[PAR"I'[NG SAfD NORTHGASl'ERLY R.O.W.LINF OP PRIENDSWOOD LAKES BOULEVARD,AND ALONG A CURV6 TO THG LEFT,HAVING A RADIUS OF 25.00 FLET,AN ARC LENGTH OF 39.27 FEET,A CGNTRAL ANGLE OF 90°00'00",AND A CHORD WHICH[3EARS EAS'C,35.36 FEEl'TO A PO[NT OF TANGENCY; THGNCE,NORI�H 45°00'00"C•ASl,A DISTANCF OF 25.00 FEET TO A POINT OF CURVATURE; TEIENCE,NOR"fHE-ASTERLY,ALONG A CUIiVE TO"ffl[LBFT,HAV[NG A RADIUS OF 470.00 FEET,AN ARC LENGTH OF 49.3C FEGT,A CENI'RAL ANGLE OF OC,°01'02",AND A CHORD WHICH CiFARS NORTH 4 t°59'29" EAST,49.34 PLL-i'TO A POINT OF TANGENCY; TI{ENCG,NORTI�3ft°SR'SR"[nS1',A DISTANCE OP 44.C5 PGL-T TO A POINT OF CURVATURE; 'I'IIGNCG,NOR"I�l if/�S II:ItLY,ALONG A CURVI:'i'O'I'11L'LEI�'I',IIAV WG A RAUIUS OI�25.00 FGGf�,AN AIZC LGNGTFI OP 20.(0 fEET,A CENl�RAL ANGLG OF 47° 12'OS",AND A CHORD WIi1CH B6ARS NORTH IS°22'S4" EAST,20.02 FCEI TO A POINT OF RCVERSI?CUItVATURE; 7'EIENCE,NOR7�HEASTE-RLY,ALONG A CURVE TO THE R[GHT,HAVING A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 91.80 fEET,A CENTI2AL ANGLB OF l05° l 1'34",AND A CHORD WHICH BEARS NORTH 44°22'37" EAST,79.44 FEET TO A POINT OF COMPOUND CURVATURE; 7'HENCE,NORTHEASTERLY,ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 525.00 FEET,AN ARC LENGTH OF 10.91 FEET,A CENTRAL ANGLE OF 01° I I'2S",AND A CHORD WHICH BEARS NORTH 39°22'06" LAST, 10.91 FEET TO A POiNT OF't'ANGENCY IN A NORTEiEASTERLY LINE OF AFORESAID PROPOSED UNRESTRICTED RESERV["B"; TIfENCE,NORTH 45°00'00"WEST,ALONG SAID NORTHEASTERLY LWE,A DISTANCE OF 151.71 FEET TO A POINT; Tf1ENCE,NORTH 44°34'S2"EAST,DEPARTING SAID NORTHEASTERLY LINE,A D[STANCE OF 806.87 FEET TO A POINT; THE[YCE,NORTH 45°00'00"WEST,A DISTANCE OF 6.88 FEEi'7'O A POINT OF CURVATURE; THENCE,NORTHWESTERLY,ALONG A CURV[TO THE RIGHT,HAV►NG A RADIUS OF 50.00 PEE�[',AN ARC LENGTH OF RR.59 FEET,A CENTRAL ANGLC-OF 101°30'43",AND A CHORD WHICH BEARS NORTH 54° 14'39" WEST,77.45�ECT TO A POINT OP R[VGRSE CURVATURL; "fHENCE,NORTHWESTERLY,ALONG A CURVE'i0"['11E LEF1',HAVING A RADIUS OF 25.00 FEET,AN ARC LENGTFi Of 22.2(FEET,A CEN"fRnL ANGLE OF 51°00' IS",AND A CHORD WHICH BEARS NORTH 28°59'25" WEST,21.53 FEET TO A PO[NT OF COMPOUND CURVATURE; THENCE,NORTHWESTERLY,ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 475.00 FEET,AN ARC LENGT'H OF 62.09 FEET,A CENTRAL ANGLE OF 07°29'2l",AND A CHORD WHICH BEARS NORTH 58° 14' l3" WEST,62.04 FEET TO A POfN'T Of REVERSB CURVATURE; THENCE,NORTHWESTERLY,ALONG A CURV[TO THE RIGHT,HAVING A RADIUS OF 475.00 FEET,AN ARC LENGTH OF 137.31 FEET,A CENTRAL ANGLE OF I6°33'45",AND A CHORD WHICH BEARS NORTH 53°42'01" WEST, 136.R3 FEET TO A PO[NT OF TANGENCY; THF,NCE,NORTH 45°25'OR"W[ST,A DISTANCE OF 2.77 PEGT TO A POINT OF CURVATURE; T�iENCE,SOUTHWESTERLY,ALONG A CURVE TO THE LEFT,HAV►NG A RADIUS OF 25.00 FEET,AN ARC I.ENGTH OF 39.27 FEET,A CENTRAL ANGLE OF 90°00'00",AND A CHORD WHICH BEARS SOUTH 89°34'S2" WEST,35.3C FEET TO A POINT[N THG SOUTHERLY R.O.W.LWE OF AFORESAID FM 528; THENCE,NORT'H 44°34'S2"EAST,ALONG SAID SOUTHERLY 2.O.W.LINE,A DISTANCE OF 130.00 FEET TO THE POfNT OF BEGINN[NG CONTAINING I 1.16 ACRES(48C,213 SQUARE FEET)OE LAND. 2001-11 2