The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 2014-16 (Title: An ordinance rezoning a tract of land consisting of approximately 25.3639 acres of land (1,104,851 square feet) situated in the A. H. Jackson Survey, Abstract No. 128, Galveston County, Texas,located at FM 528/Narnia Way (no address assigned), Galveston County, Friendswood, Texas, (as more fully described herein), from Single Family Residential (SIR) to Community Shopping Center(CSC). ORDINANCE NO.2014-16 AN ORDINANCE AMENDING APPENDIX "C" "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SECTION 3, "PROVISION FOR OFFICIAL ZONING MAP", REZONING A TRACT OF LAND GENERALLY LOCATED AT FM 528/NARNIA WAY, CONSISTING OF APPROXIMATELY 25.3639 ACRES OF LAND (1,104,851 SQUARE FEET) SITUATED IN THE A. H. JACKSON SURVEY, ABSTRACT NO. 128, GALVESTON COUNTY, TEXAS BEING OUT OF A CALLED 51.467 ACRE TRACT CONVEYED TO HAL BROWNING BOONE, AS RECORDED IN GALVESTON COUNTY CLERK FILE NO. 8209272, GALVESTON COUNTY, FRIENDSWOOD, TEXAS, MORE FULLY DESCRIBED HEREIN FROM THE CURRENT DESIGNATION OF SINGLE FAMILY RESIDENTIAL ("SFR") TO COMMUNITY SHOPPING CENTER ("CSC"), ALL AS MORE SPECIFICALLY PROVIDED HEREIN; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, Hal Boone, (the "Owner"), owner of real property generally located at FM 528/Narnia Way (no address assigned) within the City, same consisting of 25.3639 acres or 1,104,851 square feet of land situated in the A. H. Jackson Survey, Abstract No. 128, Galveston County, Friendswood, Texas, being out of a called 51.467 acre tract conveyed to Hal Browning Boone, as recorded in Galveston County Clerk File No. 8209272, (the "Property"), as more fully shown in the survey, zoning map, location and aerial maps in the attached Exhibit "A", incorporated by reference, has filed an application to rezone the property currently zoned Single Family Residential ("SFR")to Community Shopping Center("CSC") for the Property; and WHEREAS, the Planning and Zoning Commission and the City Council conducted a joint public hearing to consider such application; and WHEREAS, the hearing was duly called as provided by the laws of the State of Texas and Appendix "C" of the Code of Ordinances of the City, and that in such hearing all persons attending were allowed to be heard on the question of whether or not to rezone the Property from Single Family Residential ("SFR") to Community Shopping Center ("CSC"), as requested in Owner's application attached hereto as Exhibit "B", and incorporated by reference, to determine whether such rezoning would affect the health, safety, convenience, or general welfare of the citizens of Friendswood, and whether or not such change in zoning would violate the rights of any interested person; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application for rezoning of the subject Property; and WHEREAS, as a result of the said public hearing, the City Council hereby finds and determines that the proposed change in zoning classification and the rezoning of the Property would not be detrimental to the community, and is in conformance with the zoning ordinance; 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 hue and correct. Ord 2014-16 2 Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision for Official Zoning Map," is hereby amended, permitting rezoning from Single Family Residential ("SFR") to Community Shopping Center ("CSC") for the Property generally located at FM 528/Narnia Way(no address assigned)within the City, same consisting of 25.3639 acres or 1,104,851 square feet of land situated in the A. H. Jackson Survey, Abstract No. 128, Galveston County, Friendswood, Texas, being out of a called 51.467 acre tract conveyed to Hal Browning Boone, as recorded in Galveston County Clerk File No. 8209272, as more fully described in the survey, zoning map, location and aerial map in the attached Exhibit "A," incorporated by reference. In the event of conflict in the description of the subject Property, the attached metes and bounds description shall control. Section 3. The Official Zoning Map of the City of Friendswood shall be revised and amended to show the designation of the Property, 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 Property 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 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. Ord 2014-16 3 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 violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 14th day of July,2014. PASSED, APPROVED, and ADOPTED on second and final reading this 4th day of August,2014. Kevin M.110 land Mayor t ATTEST: Melinda Welsh, TRMC :U': :O City Secretary o d Ord 2014-16 4 EXHIBIT "A" Description,Survey,Aerial,Location and Zoning May 1.Metes and bounds legal description 2. Survey 3.Aerial Map 4. Location Map 5. Zoning Map EXHIBIT `B" 1. Application I Windrose Land Services,Inc i°g o ,>• p 3200 Wilcrest,Sdite325 Houston,Takes 77042 Phone(713)458-2281 Fax(713)461-1151 Professional Development Consultants 1- Land Surveying,Platting, Project Management and GIs Services Firm Registration No. 10108600 DrI SOUPTION OF 25,3639 ACRES OR 1,104,851 SQ.IT. A TRACT OR PARCEL CONTAINING 25,3639 ACRES OR 1,104,851 SQUARB FEET OF LAND SITUATED IN THE A.H.JACKSON SURVEY,ABS'TRAC"T NO.128,GALVESTON COUNTY,TEXAS,BEING OUT OF A CALLED SIA67 ACRES.TRACT..CONV13YED.TO_HAL.BROWNING BOONE, AS RECORDED IN - - - GALVESTON COUNTY CLERK FILE NO. 8209272;WITH SAM 25.3639 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD83; EEGMNING AT A TXDOT DISK FOUND AT THE INTERSECTION OF THE NORTHWEST RIGHT OF WAY LINE OF FM.HIGHWAY 52S(180'ROW)(G.C.C,F.NO.9021226)AND THE NORTHEAST ROW LINE OF A UNNAMED ROAD(60'R.O.W)(VOL.2195,PG.13 G.C.D.R)MARKING THE EAST CUTBACK CORN13R OF THE HEREIN DESCRIBED TRACT, THENCE,ALONG SAID NORTHEAST RO.W OF UNNAMED ROAD,SOUTH 86 DEGREES 20 MINUTES 19 SECONDS WEST,A DISTANCE OF 21.28 FEIi'1"1-L)A TXDOT DISK FOUND MA=MG THE WEST CUTBACK CORNER OF THE HEREIN DESCRIBED TRACT, THENCE,ALONG SAIL)NORTHEAST RO,W OF UNNAMEb ROAD,NORTH 48 DEGREES 41 MINUTES 15 SECONDS}VEST,A DISTANCE OF 1277-07 FEET TO A CAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES"SET Nr THE INTERSECTION OF SAID UNNAMED ROAD AND THE SOUTHEAST RO.W LINE OF NARNIA WAY(60'RO.W)(VOL.2331,PG.509 G.C.D,R)MARKING Tali WEST CORNER OF THE HEREIN DESCRIBED TRACT,FROM WHICH A 1/21RON ROD FOUND BEARS FOR REFERENCE.NORTH 67 DEGREES 10 MINUTES 46 SECONDS EAST,1.54 FEET; THENCE,ALONG SAID SOUTHEASTRO.W LINE OF NARMA WAY,NORTH 69 DEGREES 29 MINUTES 29 SECONDS EAST,A DISTANCE OF 126355 FEET TO A CAPPED 318 INCH IRON ROD STAMPED"RPLS NO.144P FOUND MARKING THE NORTH CORNER OP THE HEREIN DESCRIBED TRACT; ''THENCE,ALONG THE SOUTHWEST R.O.W LINE OF SAID NARMA WAY,SOUTH 48 DEGREES 10 MINUTES 31 SECONDS EAST, A DISTANCE OF 695.96 MET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET ON THE NORTHWEST RO.W LINE OF SAID F.M. HIGHWAY 528 MARKING TIM MST CORNER OF THE REREiNDESCRIBED TRACT; THENCE,ALONG THE NORTHWEST ROW`LINE OF SAID FM HIGHWAY 528,ROOM 41 DEGREES 20 MINUTES 19 SECONDS WEST,A DISTANCE OF 1092.53 FEET TO THE PLACE OF BEGINNING AND CONTAINING 25.3639 ACRES OR 1,104,851 SQUARE FRET OF LAND AS SHOWN ON SURVEY,JOB NO. 51685,FILED IN THE OFFICES OF WINDROSB LAND SERVICES,INC. of s s �f e�;ols?EtiFQN «�i�..«....�".........r..« 04/23/2014 KUIHCOWSKI MIKE WRR0WBKI DATE R.P.L.S.N0.5101 '•.............—......, STATE OF TEXAS l+.A9a 510t aVV7`Q 9 .FSSelor'4 I Page I of I Y:NrojecGS151685-WaN4nrt Snpenzn(erFrlends,vaodlSBRVEYING1Mdcs&Boundst51665-25.3639AC.dac I ,,. ali.°a , em�•+rm+:u Aso. j i �i I•. ',\` ` ,.�'a7:.;71'.'.,.e j j rA'3S^��zT°�::v3".3. ��"rSP�° j m'P�� j y�:l! `•`'`• � j WOMEN j es � �. . man a:. . enrarrxia'a3ra7k5t5?k�: `4' � + you Fu°°E'•" efi; :a .. 1 • •�-,� ��\ I ��, pi m pm i id I ° i t 13 'S 1 r SN act Property: ttY 'r > � � f� Iy� :• at between Narnia IFM 528 vF J4 k4.i.} y4 = ` ti4a Py✓i ,�? jr• , and�Y• .�F �� ,r.. tM r� G t µ r i it 11x11 fq,>F_ �r a Legend Creeks J City Limits ' Counties �J • O O R C�' y, p Fb Subject,Property: FM 528 between Narnia Way and R�°c future Friendswood 431 Lakes Blvd. 0 QP� � 9sT �yo � `n'9 Q- WINDS.ONG:1(J FRi�NOS�o 2 2 OpO pO`C.q� o GP /� Q / z Legend O Q — \.P Creeks p yo s. E_3City Limits I Counties U Parks ' 'oSF• osr �` M Schools Lie?e(mer.JNS pa @,cl is AhUCnneluixl9wc^�•seNmeynW have htzn Fe> redkx wFq vxgaEfe Mrh9N.enAirp3ine,orsandin8F1,°.aees.11 WS3rmtroFa,enl an emfbsywirn0syr,ayawrepr+ en�l'Ih0 a/ry�mpn.kmtN rt Mdp�Yy,'l nfprys•ry txamnanes oi+C.jZ:01.1Vi' Pieu�ens_rww eped! xclepcn,Y Ify dY�'I ml na naun�a,9ed nen °x1s.Jhe Cly°ZFn-u1sn49dimAgs An raamzwVa6on andl°releasens'lhRB A Gsy,t yof aFslonfdl:maadftw..1y damBguoc,/am,or0b)trM6a a M4s;WLom such vw. Thos c. (I)auaplsl =Yr�a �l� tlllilAlL( ULT.,,r.)o.»-me.,al responaahly Mnhc pSe lhereol, " 91 S ut Ftiendwswood 91rIends od,TOweed.46 Frien;dswood GIS Mapping Frlend281)9 Texas 77548 (281)996-3200 ." mm.d.Mendswood.lx.us 7 "= 8J7' `y 9� SFR 0P�aR SFR �P�OJ SFR Subject Property: FM 528 between RaR\ Narnia Way and future Friendswood Lakes Blvd. �y�A es. p� SFR 25.3639 acres H ESE Gsu R%yo y; SVR SFR aiyoo °� 0 aPD Legend oo°P Creeks Gsc QP� Gsc v��G �� R� miClty Limits '_-!Counties srR [ Special Uses Q§ sinr ' c..cr L.eniatF("r ls]S n�]'!rarirvJ�0.'senaYb19nwnssaclf Gies mf as0.'a+ac}en ontlrryrcu•elebn e7 mrn rcpmwnla a"�'Y tha t anv co�ur ay . Ir :P;yvnJe:rty�edfjrapinMmlinn Jh ua ftl A o,WrIIAa LrAd u 5spm,{OIrYTlie 4if4'�F;endsrnw H rTUtaS fO lhama/, and(J)repass Iln C p o foendx.md um an w wqe,b s•or rob Ilr�ans n uom such use City of Friendswood 9frtendS Fd, rewood546 Friendswood GIS Mapping Frfentl2wood•Texas 77546 (281)9983200 w vd.frlendswood.txxs 1 "=446 ' i CITY OF fif2tENUSW040 JUN 0 9I41 LANO USE¢HANGS APPLIQATION ZONING CHANGE.REQUESTED mpFILED: ' { FROM: SFR DACE OFPU.BLICHEARING:.-1 qt TO. CSC FEII: $300,00 i PROPERTY 11315WITICATION: Street(Road Address:)Npg corner of the injrseetion of F.M..528 and Narnia Way Lot: 81ocr Addilion: i t LSGAL DESCRIPTION; Describe from deed records,attach copy of deed;and Ise Metes,and Bounds Descrlplion: j PLATTEDtAND Not Applicabie UNPLATTED LAND(Must have certiryed motes,and bo4nds description,including name and' - addressondtelephonenumhetof surveyor) See attadled RECORDED OWNER: - OWNER'� INFORMATION NAME;Upt Rome __ _ ._ E,"LhDDRESS: namlawayRsboctlobill,net PHO!*NUMBER (713)81.60909 FAX# .(2181)487 MAILINCADARESS #2 Namia Way ! CITY Friendswoad STATE_ ZIP:77546 j AGENTS INFORMATION J II NAME David OFarretl EMAILA60RESS DQfg PI15 aol,cor'14 PHONE NUMHER (713)828-6489 FAX#: (281)482 83.7 _ MAILING ApDRES 1 331 East parkwood Ave. CITY Frienlmy _- STATE 7J;C . .ZIP 77546 PETITION: A$ ownedAgent, 1 hereby petition thoty for app(ovat Of the above described isgdest.as pr9J ded.by the laws of the 5jate of Tgxas and Ofdinanrea of the ICNy r ndswood, i Signature Signature: ner) } (Agent) i FEE:A?;LQ DATE.PAID REG.EIP�NUMBER: 03 1 � �ML1ti14.�tlAYtlYI V2SrAFFffacl 0..m 1 i i E 1 ! i ZOO/Z00'd 5E611t 3N009N b161L @6492 16:60 bIOZ/Z0/90