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HomeMy WebLinkAboutOrdinance No. 99-09 ORDINANCE N0. 99-9 AN ORDINANCE APPROVING THE PLANNING AND ZONING COI�iISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT 1408 SOUTH FRIENDSWOOD DRIVE, 7.1854 ACRE TRACT OF LAND OUT OF THE VOSS SUBDIVISION, ALL OF LOT 44, AND PART OF LOTS 43, 51, aZ1ND 52, AND PART OF A PRIVATS ROAD, GALVESTON COUNTY, TEXAS, FROM COMMiTNITY SHOPPING CENTER (CSC) TO MULTI- FAMILY R}3SIDENTIAL-HIGH (MFR-H) , AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJI3CT; PROVIDING A PENALTY OF AN AMOiTNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF AtdY PROVISION HEREOF; APTD PROVIDING FOR SSVSRABILITY. * * * * * * * * * * * * * WHEREAS, record owner, Woodville Corp. , Trustee Two Pair Joint Venture, has requested rezoning for property located at 1408 South Friendswood Drive, 7.1854 acre tract of land out of the Voss Subdivision, all of Lot 44, and part of Lots 43, 51, and 52, and part of a private road, Galveston County, Texas, situated within the corporate limits of the City of Friendswood, Texas, said tract being more particularly described in Exhibit "A" attached hereto and made a part of hereof; and WHEREAS, said tract of land know presently has a zoning classification of Community Shopping Center (CSC) pursuant to Ordinance No. 84-15, Passed and approved the 19th day of November 1984, same being the City of Friendswood Zoning Ordinance; and WHEREAS, Record Owner/Agent for said property, has made application to the City of Friendswood to change the zoning classification of said tract of land to Multi-Family Residential-High (MFR-H) as authorized by the City's Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Friendswood have conducted, in the time and manner and after the notice required by law and the Zoning Ordinance of the city, a public hearing on such request for change in zoning classification; and WHERFAS, the Planning and Zoning Commission has recommended and the City Council now deems it appropriate to APPROVE such requested change in classification; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF TIiE 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. ORD.CSC/LST03 Section 2. The zoning classification of that certain property, 1408 SOUTH FRIENDSWOOD DRIVE, 7.1854 ACRE TRACT OF LAND OUT OF THE VOSS SUBDIVISION, ALL OF LOT 44, AND PART OF LOTS 43, 51, �1ND 52, AND PART OF A PRIVATE ROAD, Galveston County, Texas as shown on Exhibit "A" attached hereto is hereby changed to MULTI-FAMILY RESIDENTIAL-HIGH (MFR-H) . Section 3. the Zoning District Map of the City of Friendswood shall be revised and amended to show the zoning classification of the above described property, Friendswood, Galveston County, Texas as shown in Exhibit "A" as provided in Section 2 hereof, with the appropriate reference thereon to the number and effective date of the ordinance and 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 1408 SOUTH FRIENDSWOOD DRIVE, 7.1854 ACRES, Galveston County, Texas. 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 $2, 000. Each day of violation shall constitute a separate offense. Section 6. In the event any clause, phrase, provision, sentence, or part of the Ordinance or the application of the same to any person or circumstance shall for any reason be adjudge invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than council of the City of Friendswood, Texas, declares that it would have passed each and every part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED on first reading this 15t h day of r�a rch ,1999. PASSED, APPROVED, AND ADOPTED on second and final reading this 5th day of April , 1999. Mayor Harold L. Whitaker City of Friendswood ATTEST: . � Deloris McKenzie TRMC City Secretary MOTION: Cbuncilmember Kim Brizendine 2ND: Councilmember Jerry Ericsson ORD.CSC/LST03 APPROVED: Unanimously 99-9 ,_ - - �$.l��.r .� _ �.. . -.-. . '� �- . -:� . _ . , -�------- - - -- --._.. ._;__. . ._------ ---- ,ti�' _ _ . � L`) � 1 . SZ � � ,� � . '� : �� . � ; 0 � , EXHIBIT ��A�� �� /.�. AUGUST 21 , 1998 A 7. 1854 ACRE TF2ACT OUT� OF THE VOSS SUBDIVISION, FRIENDSWOOD, GALVESTON COUNTY, TEXAS, ACCORDING TO THE YLAT AS RECORDED IN VOLUME 254 , PAGE 72, GALVESTON COUNTY MAp RECORDS AND BEING ALL OF LOT 44 AND PART OF LOTS 43 , S1, AND 52, AND PART OF A PRIVATE ROAD; B�GINNING AT 11N 'IRON ROU ['OUND ON TH� WCST LINE O[' SOUTH FRIENDSWOOD DRIVE (F.M. S18 BASED ON A WIDTH OF 140 FGET) AT ITS INTERSECTION WITH TNE SOU`I'HEAST LINE OF LOT 43 AND THE NORTHWEST LINE OF LOT 42 ; THENCE S 43° �!3 ' S0" W, ALONG THE SOUTHEAST LINE OI' LOT 43 AND THE NORTHWEST LIN� OF LOT 42 , A DISTANCE OP' S66. 48 FEET TO AN IRON ROD FOUND AT THE SOUTH CORNER OF. LOT 93 AND THE hi�ST CORNER OF LOT 42; THENCE N 46° 23 ' 00" W, ALONG THE NORTHGAST LINE OF A PRIVATE ROAD, AT 207. 70 FEGT PASS TH� WEST CORNER OF LOT 43 AND THE SOUTH CORNER OF LOT 49 , AT 385 . 30 FEET PI�SS THE WESZ' CORNER OF 44 , A TOTAL DISTANCE OF 443 . 25 FEET TO AN IRON PIPE FOUND ON THE SOUTHEAST LINE OF LOT 45, FROM WHZCH AN IRON PIPE FOUND AT THE SOUTH CORNER Or LpZ' 45 BEARS S 45° 21�' 28" W 12 . 15 FEET; THENCE N 45° 21 ' 28" E, ALONG THE SOUTHEAST LINE OP LOTS 45 AND SO AND THE NORTHWEST LINE OF SAID PRIVATE ROAD, A DISTANCE OF .878_07 FEET TO AN IRON ROD FOUND ON TNE WEST LINE OF SOUTH FRIENDSWOOD DRIVE; THENCE S 09° 41 ' S1" E, ALONG THE WEBT LINE OF SOUTH FRIENOS- w00� DRIVE, A DISTANCE OF SZ 0. 87 FEET TO THE POINT OF BEGTNNING AND CONTAINING A COMPUTED ARfiA OP 312,997 SQUARE FEET OR 7.1,854 AC�tES OF Id�1D_ . ',_''�;.�:.': . _... ._.. _ ..