HomeMy WebLinkAboutOrdinance No. 2014-32 (Title: An ordinance rezoning a tract of land consisting of approximately 1.600 acres of
land (out of a called 4.621 acres) situated in Lot 2, Block 1 of Friendswood Subdivision,
Galveston County, Texas, located on FM 2351 between Garden Dr. and Woodlawn Dr. (no
address assigned), Galveston County, Friendswood, Texas, (as more fully described
herein), from Business Park(BP) to Single Family Residential (SFR)).
ORDINANCE NO. 2014-32
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 ON FM 2351 (BETWEEN
GARDEN DR. AND WOODLAWN DR.), CONSISTING OF
APPROXIMATELY 1.600 ACRES OF LAND (OUT OF A
CALLED 4.621 ACRES) SITUATED IN LOT 2,BLOCK 1 OF
FRIENDSWOOD SUBDIVISION, FRIENDSWOOD,
GALVESTON COUNTY, TEXAS ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 254-
A, PAGE 18 OF THE MAP RECORDS AND
TRANSFERRED TO PLAT RECORD 7,MAP NO. 20,BOTH
OF THE MAP RECORDS OF GALVESTON COUNTY,
FRIENDSWOOD, TEXAS, MORE FULLY DESCRIBED
HEREIN FROM THE CURRENT DESIGNATION OF
BUSINESS PARK ("BP") TO SINGLE FAMILY
RESIDENTIAL ("SIR"), 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, FM 2351 Development Company, LLC (the "Owner"), owner of real
property generally located at FM 2351 (between Garden Dr. and Woodlawn Dr.; no address
assigned) within the City, same consisting of 1.600 acres (out of a called 4.621 acres) situated in
Lot 2, Block 1 of Friendswood Subdivision, Galveston County, Friendswood, Texas, according
to the map or plat thereof recorded in Volume 254-A, Page 18, of the Map Records and
Transferred to plat record 7, Map No. 20, both of the Map Records of Galveston County, Texas,
(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 Business Park (`BP") to Single Family Residential ("SFR") 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 fi•om
Business Park (`BP") to Single Family Residential ("SFR"), 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;
Ord 2014-32 2
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 Friendswood City Code, Appendix C, "Zoning," Section 3,
"Provision for Official Zoning Map," is hereby amended, permitting rezoning from Business
Park (`BP") to Single Family Residential ("SFR") for the Property generally located at FM 2351
(between Garden Dr. and Woodlawn Dr.; no address assigned) within the City, same consisting
of 1.600 acres of land (out of a called 4.621 acres) situated in Lot 2, Block 1 of Friendswood
Subdivision, Galveston County, Friendswood, Texas, according to the map or plat thereof
recorded in Volume 254-A, Page 18, of the Map Records and Transferred to plat record 7, Map
No. 20, both of the Map Records of Galveston County, Texas, 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
Ord 2014-32 3
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 violation
shall constitute a separate offense.
PASSED AND APPROVED on first reading this 3rd day of November,2014.
PASSED, APPROVED, AND ADOPTED on second and final reading this 8th day
of December,2014.
Kevin M. Hol i
Mayor
ATTEST:
Melinda Welsh, TRMC a t
City Secretary �qy'•, g� °
° oae0°
Ord 2014-32 4
EXHIBIT "A"
Description, Survey, Aerial,Location and Zoning Map
1. Metes and bounds legal description
2. Survey
3. Aerial Map
4. Location Map
5. Zoning Map
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P.O.Box 566•Peariand,Texas 77580.0566.Ofce:(281)412.0149-Fax.(281)412.5390
Email;treemarid @sbcglobal.net
FIELD NOTE DESCRIPTION OF A 1.600 ACRE'TRACT OF LAND OUT OF LOT 2, IN BLOCK 1,
OF FRIENDSWOOD, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO
THE MAP OR PLAT THEREOF RECORDED IN VOLUME 254-A, PAGE 18, OF THE MAP
RECORDS AND TRANSFERRED TO PLAT RECORD 7, MAP NO. 20, BOTH OF THE MAP
RECORDS OF GALVESTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING at the North corner of Lot 2, in Block 1,of said FRIENDSWOOD on the center line of
PM 235l(called West rdgewood Drive) 100 feet wide;
THENCE S 45 000'00" E, along the Northeasterly line of said Lot 2, a distance of 398.80 feet to the
PLACE OF BEGINNING and the North corner of the herein described tract;
THENCE S 45°00'00" E,continuing along the Northeasterly line of said Lot 2,a distance of 211.20 feet
to a 1/2 inch iron rod found for the East corner of the herein described bract of land,from which a farad
3/8 inch iron rod bears N 36°37' E— 1.4 feet;
THENCE S 45 000'00" W, along the Northwest Irate of a 16.632 acre tract of land as described under
Galveston County Clerk's File No. 2005046128, a distance of 330.00 feet to a 1/2 inch iron rod found at
the South corner of the herein described tract of land;
THENCE N 45 000'00"W, across said Lot 2, a distance of 211.20 feet to the West corner of the herein
described tract of land;
THENCE N 45 000100" E, across said Lot 2, a distance of 330,00 feet to the PLACE OF BEGINNING
and containing 1.600 acres of land,more or less.
To ddi' aton-'I P,L.S.No.5082
Sept.22,2014
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Disclaimer This product is for inlormafional purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents
only the approximate relative location of properly,boundaries.Gov C.§2501.102.The user is encouraged to independently verify all information contained in this product The City of Friendswood makes no
representation or rvananfy as to the accuracy of this product or to its fitness for a particular purpose The user(1)accepts the product AS IS,IM TH ALL FAULTS;(2)assumes all responsibility for the use thereof
and 3)mleases the Cil of Friendswood from any damage,loss,or lability ethical from such use
105 Friendswood
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onlythe approximate relative location of prepedy boundaries.Gov.C.§2501.102.The user is encouraged to independently verily all information containedin this product.The City of Friendswood makes no
representation m warranty as to the accuracyof this pnxluct or to its fitness fora particular purpose.The user.(1)accepts the product AS IS,WITH ALL FAULTS,(2)assumes all responsibility farina use thereof,
and(3)releases the City of Friendswoodfrom any damage,loss,orliability arising from such use
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Friendswood,Texas 77546
(281)996-3200
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Disclaimer This product Is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-thegmund survey and represents
only the approximate relative localion ofpropeq boundaries.Gov.C.§2501.102.The user is encouraged to independently vaely all information containadin this product.The City of Fnendswood makes no
representation or warranty as to the accuracy of this product or to its ruess bra particular purpose The user,(1)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use thereof,
and 3 releases the City of Friendswood horn any damage.loss,orfiability wsrng from such use.
City Friendswood e
970 South Friendswood Drive Friendswood GIS Mapping
Friendswood, Texas 77546
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EXHIBIT `B"
1. Application
i� City of 6dondewood
CITY OF FRIENDSWOOD SEP a 5 z 14
LAND USE CHANGE APPLICATION ($30000) 7nejjowedv
ZONING CHANGE REQUESTED DATE FILED: 0 02 DATE PAID (A
FROM: 'YAP T0; 15p< RECEIPT#;—
DATE OF PUBLIC HEARING;
PRalpEYL-t`f — 33o'ATION:
PROPER'fT'YY IDENTIFICATION:
Street/Road Address: WEy f N DP1tlY
Lot: Z , Block: L ,Addition: ol� r-2J jjj:& fo0b
LEGAL DESCRIPTION: )
Describe from deed records, attach copy of deed, and use Metes and Bounds Description:
PLATTED LAND: LA to 9-12- AcXk -ttW Dl;--- L&n 211 of LVT a bLo(Ll-
UNPLATTED LAND(Must have certified metes and bounds description, including name, address and P 6I ct
telephone number of surveyor. t
OWNER'S INFORMATION r
NAME: D500 'Q Fill 2J2 5 I T&VGW M f (�
EMAIL ADDRESS' o-Ij ri , Phi n% 1 Cori
PHONE NUMBER: AW
MAILINGADDRESS �.D4 Lo5 rkAiL_a DR
CITY f r ("DSVQDO STATE Z t9 e$ ZIP mom!„
AGENT'S INFORMATION
NAME: AMi$�O)jljAjt DEMLLL&Mfli°t' ('JL.
EMAIL ADDRESS: LI-A Pt/iAC, r wl
PHONE NUMBER: FAX#: a.9,1- 0)S't- I I I 172
MAILING ADDRESS -io5 ltr CtOf h,&X
CITY fir,. STATE T ZIP 11951,5
In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written
representations and/or declarations on the owners behalf and the owner understands and acknowledges that the City of
Friendswcod shall rely upon the agent's 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 owners responsibilities outlined by the
City of Friendswood.
PETITIQN; As owner/Agent, I her, by petition the city for approval of the above described request as
p 'ded by the 1 s of t e State of Texas and Ordinances of the City of Friendswood.
Signature ?A PM ou SV t I
w (Date)
Signature; 26
get � '� �4' S (Date
,
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