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Home My WebLink AboutOrdinance No. 2005-07 ill 1 Title: An ordinance amending the Zoning Ordinance of the City of Friendswood to change the zoning classification of a 2.784 acre tract of land, located on Friendswood Lakes Boulevard, from Single Family Residential to Community Shopping Center, a 3.549 acre tract of land, located on FM 528 and Friendswood Lakes Boulevard, from Single Family Residential to Community Shopping Center, and a 9.842 acre tract of land, located on FM 528 and Friendswood Lakes Boulevard, from Single Family Residential to Community Shopping Center. ORDINANCE NO. 2005-07 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 2.784 ACRE TRACT OF LAND FROM SINGLE-FAMILY RESIDENTIAL (SFR) TO COMMUNITY SHOPPING CENTER (CSC), BEING A PORTION OF UNRESTRICTED RESERVE "B" ALONG FRIENDSWOOD LAKES BOULEVARD, FRIENDSWOOD LAKES SUBDIVISION, SECTION ONE, IN THE CITY OF FRIENDSWOOD, GALVESTON COUNTY, TEXAS; BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 3.549 ACRE TRACT OF LAND FROM SINGLE-FAMILY RESIDENTIAL (SFR) TO COMMUNITY SHOPPING CENTER (CSC), SUCH TRACT HAVING FRONTAGE ON FM 528 AND ON FRIENDSWOOD LAKES BOULEVARD, FRIENDSWOOD LAKES SUBDIVISION, SECTION ONE, RESERVE "A," GALVESTON COUNTY, TEXAS; BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 9.842 ACRE TRACT OF LAND FROM SINGLE-FAMILY RESIDENTIAL (SFR) TO COMMUNITY SHOPPING CENTER (CSC), SUCH TRACT BEING FRONTAGE ON FM 528, FRIENDSWOOD LAKES SUBDIVISION, SECTION ONE, GALVESTON COUNTY, TEXAS, ALL OF WHICH ARE WITHIN THE CITY LIMITS OF THE CITY; PROVIDING FOR THE AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. * * * * * WHEREAS, Friendswood Lakes Commercial Properties, Ltd. are the owners (the "Owner") of a certain 2.784 acre tract presently zoned Single-Family Residential (SFR), 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 2.784 acre tract, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Single-Family Residential (SFR) to Community Shopping Center(CSC); and WHEREAS, Friendswood Lakes Commercial Properties, Ltd. are the owners (the "Owner") of a certain 3.549 acre tract presently zoned Single-Family Residential (SFR), 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 3.549 acre tract, same being more particularly described in Exhibit "B" attached hereto and for all things made a part hereof, from Single-Family Residential (SFR) to Community Shopping Center(CSC); and WHEREAS, Friendswood Lakes Commercial Properties, Ltd. are the owners (the "Owner") of a certain 9.842 acre tract presently zoned Single-Family Residential (SFR), 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 9.842 acre tract, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Single-Family Residential (SFR) to Community Shopping Center(CSC); 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 requests; and WHEREAS, the Planning and Zoning Commission has recommended approval of the applications and the City Council deems it appropriate to grant such requests; now, therefore, 2 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 2.784 acre tract of land, same being more particularly described in Exhibit "A," attached hereto and for all things made a part hereof, known as a portion of unrestricted Reserve "B" along Friendswood Lakes Boulevard, Friendswood Lakes Subdivision, Section One, City of Friendswood, Galveston County, Texas, located on Friendswood Lakes Boulevard, and within the city limits of the City, is hereby changed from Single-Family Residential (SFR)to Community Shopping Center(CSC). Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 2.784 acres, 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 2.784 acres to Community Shopping Center(CSC) as described above. Section 5. The zoning classification of the 3.549 acre tract of land, same being more particularly described in Exhibit "B," attached hereto and for all things made part hereof, having frontage on FM 528 and on Friendswood Lakes Boulevard, being Friendswood Lakes Subdivision, Section One, Reserve "A," City of Friendswood, Galveston County, Texas, located on FM 528 and Friendswood Lakes Boulevard, and within the city limits of the City, is hereby changed from Single-Family Residential (SFR)to Community Shopping Center(CSC). 3 Section 6. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 3.549 acres, as described and as provided in Section 5 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 7. 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 3.549 acres to Community Shopping Center(CSC) as described above. Section 8. The zoning classification of the 9.842 acre tract of land, same being more particularly described in Exhibit "C," attached hereto and for all things made part hereof, having frontage on FM 528 and on Friendswood Lakes Subdivision, Section One, City of Friendswood, Galveston County, Texas, located on FM 528, and within the city limits of the City, is hereby changed from Single-Family Residential (SFR) to Community Shopping Center(CSC). Section 9. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 9.842 acres, as described and as provided in Section 8 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 10. 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 9.842 acres to Community Shopping Center(CSC) as described above. Section 11. 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 4 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 12. 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 �tn day of February 2005. PASSED, APPROVED, and ADOPTED on second and final reading this 2.lst day of Februarx 2005. o� FR�EIy�� ` �► �y . v �OO Kimball W. Brizendine, III Mayor � * ATTEST: �'�, � qrF o� ��+ � � D loris McKenzie, T C City Secretary 5 � � �� z�D �JF �`N �� 9� 9} ti� h 4� Q �R �� TP ('�, S J� �}� sl �� o,� ,� � Q�,� � � �� sf Gp A � `� �',� .a � �� 5 �� . C ya V� ay 9 �� o� Q� �� GP�p � � � 4�� C�� o�� y� � �� s� gB� �r,y �� 4 s�f qP ��'' \ aR / METES AND BOUNDS DESCRIPTION 9.842 ACRE TRACT OF LAND IN THE GEORGE W. PATTERSON SURVEY,ABSTRACT No.645 IN THE CITY OF FRIENDSWOOD, GALVESTON COUNTY,TEXAS BEING a 9.842 acre tract of land situated in the George W. Patterson Survey, Abstract No. 645, in the City of Friendswood, Galveston County, Texas; being all of that certain tract of land designated as"Tract O�e" and described in the deed toFriendswood Lakes Commercial Properties, Ltd. recorded in Galveston County Clerk's File No. 2003084471 Official Public Records of Real Property of Galveston County, Texas; said 9.842 acre tract is described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod on the Southeast line of FM Highway 528 for the West corner of said Friendswood Lakes Section 1, said rod is on a non-tangent curve to the right whose radius is 2,774.79 feet and whose radius point bears South 46 degrees 33 minutes 54 seconds East; THENCE in a Northwesterly direction along said curve and said Southeast line through a central angle of 01 degrees 08 minutes 46 seconds, 55.50 feet to a 1/2 inch Tri-Tech plastic capped iron rod; THENCE North 44 degrees 34 minutes 52 seconds East along said Southeast line, 544.52 feet to a 1/2 inch Tri-Tech plastic capped iron rod for the North corner of Unrestricted Reserve "B",Friendswood Lakes Section 1, a subdivision recorded in Plat Record 18, Map Number 1176-1177, Plat Records of Galveston County,Texas, being the West corner of said"Tract One"and the POINT OF BEGINNING of the tract herein described; THENCE North 44 degrees 34 minutes 52 seconds East along the Southeast line of said Highway, and the Northwest line of said"Tract One", 1,308.39 feet to a 5/8 inch Tri-Tech plastic capped iron rod for the North corner of said"Tract One"; THENCE South 44 degrees 54 minutes 10 Seconds East along the Northeast line of said "Tract One", 327.75 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod for the East corner of said "Tract One" and the North corner of Friendswood Lakes Garden Homes, a subdivision recorded in Plat Record 18, Map Number 1264, Plat Records of Galveston County,Texas; THENCE South 44 degrees 34 minutes 52 seconds West along a Northwest line of said Friendswood Lakes Garden Homes and the Southwest line of said"Tract One", 1,307.83 feet to a 1/2 inch Tri-Tech plastic capped iron rod on the Northeast line of said Unrestricted Reserve "B", being a West corner of said Friendswood Lakes Garden Homes and the South corner of said"Tract One"; THENCE North 45 degrees 00 minutes 00 seconds West, along the Northeast line of said Unrestricted Reserve"B", and the Southwest line of said"Tract One", 327.74 feet to the POINT OF BEGINNING and containing 9.842 acres of land; Bearings are based from the plat of record recorded in Plat record 18, Map No. 1176- 1177, Plat Records of Galveston County,Texas. These descriptions were prepared in conjunction with survey made on the ground in June 2004. December 2,2004 �� By: Huitt-Zollar ��0""'g�� ,`�„��o�„ �S�'�!!��.F�B��RS�:� � teven E.Williams, R.P.L.S. °°°°°��°`°°°°°°`°°'°°°.°"��;."." Texas Registration No.4819 ��g o�`?�°� ��°�� Page 1 of 1 K:\proj\survey\02096201\docWl&B Remainder BofysiLdoc � � METES AND BOUNDS DESCRIPTION 3.549 ACRE TRACT OF LAND SITUATED IN THE GEORGE W.PATTERSON SURVEY,ABSTRACT No.645 IN THE CITY OF FRIENDSWOOD, GALVESTON COUNTY,TEXAS BEING a 3.549 acre tract of land situated in the George W. Patterson Survey, Abstract No. 645, in the City of Friendswood, Galveston County, Texas; being all of Unrestricted Reserve"A" of Friendswood Lakes Section 1, a subdivision recorded in Plat Record 18, Map Number 1176-1177, Plat Records of Galveston County, Texas; being that same tract of land described as "Tract Four" in the deed to Friendswood Lakes Commercial Properties, Ltd. recorded in Galveston County Clerk's File No. 2003084471, Official Public Records of Real Property of Galveston County, Texas; said 3.549 acre tract is described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod on the Southeast line of FM Highway 528 for the West corner of said subdivision; said rod is on a non-tangent curve to the right whose radius is 2,774.79 feet and whose radius point bears South 46 degrees 33 minutes 54 seconds East; THENCE in a Northwesterly direction along said curve and the South line of said Highway through a central angle of 00 degrees 37 minutes 11 seconds, 30.01 feet to a 1/2 inch Tri-Tech plastic capped iron rod for the West corner of said Unrestricted Reserve "A", the West corner of said "Tract Four" and the POINT OF BEGINNING of the tract herein described; THENCE continuing with said curve in a Northwesterly direction along the Southeast line of FM Highway 528, and the Northwest line of said Unrestricted Reserve "A" and said "Tract Four",through a central angle of 00 degrees 31 minutes 35 seconds,25.49 feet to a 1/2 inch Tri-Tech plastic capped iron rod for a point of tangency; THENCE North 44 degrees 34 minutes 52 seconds East along said Southeast and Northwest lines, 116.64 feet to a 1/2 inch Tri-Tech plastic capped iron rod at the beginning of a tangent curve to the right whose radius is 50.00 feet; THENCE in an Easterly direction along said curve through a central angle of 90 degrees 25 minutes 22 seconds, 78.91 feet to a 1/2 inch Tri-Tech plastic capped iron rod on the Southwest line of Friendswood Lakes Boulevard, a street dedicated by said plat of Friendswood Lakes Section 1, also being the Northeast line of said Unrestricted Reserve "A"and said"Tract Four"; THENCE South 44 degrees 59 minutes 46 seconds East along said Southwest and Northeast lines, 62.25 feet to a 1/2"Tri-Tech plastic capped iron rod at the beginning of a tangent curve to the left whose radius is 1,000.00 feet; THENCE along said curve and along said Southwest and Northeast lines through a central angle of 05 degrees 49 minutes 27 seconds, 101.65 feet to a 5/8 inch Huitt- Zollars plastic capped iron rod; THENCE South 50 degrees 49 minutes 13 seconds East along said Northeast and Southwest lines, 156.08 feet to a 1/2 inch Tri-Tech plastic capped iron rod at the beginning of a tangent curve to the right whose radius is 1,000.00; THENCE in a Southeasterly direction along said curve, and along said Northeast and Southwest lines through a central angle of 05 degrees 49 minutes 13 seconds, 101.58 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod; THENCE South 45 degrees 00 minutes 00 seconds East along the Southwest line of said Boulevard and the Northeast line of said Unrestricted Reserve "A" and said "Tract Four", 250.00 feet to a 1/2 inch Tri-Tech plastic capped iron rod at the beginning of a tangent curve to the right whose radius is 25.00 feet; THENCE in a Southerly direction along said curve through a central angle of 90 degrees 01 minutes 42 seconds, 39.28 feet to a 1/2 inch Tri-Tech plastic capped iron rod on the Southeast line of said Unrestricted Reserve"A"and said"Tract Four", and the Northwest line of Eagle Creek Drive, an 80 foot wide street dedicated by said plat ofFriendswood Lakes Section 1; Page 1 of 2 K:\proj\survey\02096201\doc\M&B 3.549 Ac.doc 2 THENCE South 45 degrees 01 minutes 42 seconds West, along said Southeast and Northwest lines, 193.62 feet to a 5/8 inch Tri-Tech plastic capped iron rod for the South corner of said Unrestricted Reserve"A"and said"Tract Four"; THENCE North 45 degrees 00 minutes 00 seconds West along the Southwest line of said Unrestricted Reserve"A"and said "Tract Four", and the Northwest line of a 30 foot wide drainage reserve dedicated by said plat of Friendswood Lakes Section 1, 744.16 feet to the POINT OF BEGINNING and containing 3.549 acres of land; Bearings are based from the plat of record recorded in Plat record 18, Map No. 1176- 1177, Plat Records of Galveston County,Texas. These descriptions were prepared in conjunction with survey made on the ground in June 2004. December2, 2004 �~� \ e� o�..t�� By: Huitt-Zollars, I ��j.�SfiE9;,;;�iS' l Gj,� ��,.. ` i2 O' �..... ,........,., . .,.��TE��EE ,;LlF+:�ftS 1 _ ..,...--• ....� teven E.Williams, R.P.LS. •°�'',�•--.�� .��' ��fi Texas Registration No.4819 � �„��FESS��'�� ; ,L�..SU�v�c Page 2 of 2 K:\proj�survey\02096201\doc\M&B 3.549 Ac.doc 3 METES AND BOUNDS DESCRIPTION 2.784 ACRE TRACT OF LAND IN THE GEORGE W. PATTERSON SURVEY,ABSTRACT No.645 IN THE CITY OF FRIENDSWOOD, GALVESTON COUNTY,TEXAS BEING a 2.784 acre tract of land situated in the George W. Patterson Survey, Abstract No. 645, in the City of Friendswood, Galveston County, Texas; being a portion of Unrestricted Reserve "B", Friendswood Lakes Section 1, a subdivision recorded in Plat Record 18, Map Number 1176-1177, Plat Records of Galveston County,Texas, being all of that certain tract of land designated as "Tract Two" and described in the deed to Friendswood Lakes Commercial Properties, Ltd. recorded in Galveston County Clerk's File No. 2003084471 Official Public Records of Real Property of Galveston County, Texas; said 2.784 acre tract is described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod on the Southeast line of FM Highway 528 for the West corner of said Friendswood Lakes Section 1, said rod is on a non-tangent curve to the right whose radius is 2,774.79 feet and whose radius point bears South 46 degrees 33 minutes 54 seconds East;THENCE in a Northwesterly direction along said curve and said Southeast line through a central angle of 01 degrees 08 minutes 46 seconds, 55.50 feet to a 1/2 inch Tri-Tech plastic capped iron rod; THENCE North 44 degrees 34 minutes 52 seconds East along said Southeast line, 342.79 feet to a 1/2 inch Tri-Tech plastic capped iron rod and the POINT OF BEGINNING of the tract herein described; THENCE North 44 degrees 34 minutes 52 seconds East, along the Southeast line of said Highway, the Northwest line of said Unrestricted Reserve "B", and the Northwest line of said"Tract Two", 201.73 feet to a 1/2 inch Tri-Tech plastic capped iron rod for the North Corner of said Reserve B, the North corner of said "Tract Two" and the West corner of "Tract One" described in said deed to Friendswood Lakes Commercial Properties, Ltd. THENCE South 45 degrees 00 minutes 00 seconds East, passing at 327.74 feet a '/z inch "Tri-Tech" plastic capped iron rod at the most Westerly corner of Friendswood Lakes Garden Homes, a subdivision recorded in Plat Record 18, Map Number 1264, Plat Records of Galveston County,Texas continuing along the Southwesterly line of said Friendswood Lakes Garden Homes, and the Northeast line of said Reserve "B" and the Northeast line of said "Tract Two", in all, a total distance of 479.45 feet to a 5/8 inch Huitt-Zollars plastic capped iron rod for a Southeast corner of said "Tract Two", on the Northwest line of Garden Lakes Drive, a street dedicated by said plat ofFriendswood Lakes Garden Homes, said rod lying on a non-tangent curve to the left whose radius is 525.00 feet and whose radius point bears South 50 degrees 02 minutes 13 seconds East; THENCE in a Southwesterly direction along said curve, along the Northwest line of said street, and the Southeast line of said"Tract Two",through a central angle of 01 degrees 11 minutes 25 seconds, 10.91 feet to a 1/2 inch Tri-Tech plastic capped iron rod at the beginning of a non-tangent curve to the left whose radius is 50.00 feet and whose radius point bears South 06 degrees 58 minutes 24 seconds West; THENCE in a Southwesterly direction along said curve and along the Northwest line of said street and the Southeast line of said Reserve, through a central angle of 105 degrees 11 minutes 33 seconds, 91.80 feet to a 5/8 inch Tri-Tech plastic capped iron rod at the beginning of a tangent curve right whose radius is 25.00 feet; THENCE in a Southwesterly direction along said curve and said Northwest and Southeast lines, through a central angle of 47 degrees 12 minutes 07 seconds, 20.60 ieei io a 5/8 inch Tri-Tech plasiic capped iron rod; THENCE South 38 degrees 58 minutes 58 seconds West along the Northwest line of Garden Lakes Drive and the Southeast line of said "Tract Two", 44.65 feet to a 1/2 inch Tri-Tech Plastic capped iron rod at the beginning of a tangent curve to the right whose radius is 470.00 feet; THENCE in a Southwesterly direction along said curve and said Northwest and Southeast lines, through a central angle of 06 degrees 01 minutes 02 seconds, 49.36 feet to a 1/2 inch Tri-Tech plastic capped iron rod; Page 1 of 2 K:\proj\survey\02096201\doc\M86 RESERVE B.doc � THENCE South 45 degrees 00 minutes 00 seconds West along the Northwest line of said street and the Southeast line of said "Tract Two", 25.00 feet to a 1/2 inch Tri-Tech plastic capped iron rod at the beginning of a tangent curve to the right whose radius is 25.00 feet; THENCE in a Westerly direction along said curve through a central angle of 90 degrees 00 minutes 00 seconds, 3927 feet to a 5/8 inch Tri-Tech plastic capped iron rod on the Northeast line of Friendswood Lakes Boulevard (variable width), a street dedicated by the plat of said Friendswood Lakes Section 1; THENCE North 45 degrees 00 minutes 00 seconds West along the Northeast line of said Boulevard, the Southwest line of said Reserve "B" and the Southwest line of said "Tract Two",422.07 feet to a 1/2 inch Tri-Tech plastic capped iron rod at the beginning of a tangent curve to the right whose radius is 50.00 feet; THENCE in a Northerly direction along said curve through a central angle of 89 degrees 34 minutes 52 seconds, 78.18 feet to the POINT OF BEGINNING and containing 2.784 acres of land; Bearings are based from the plat of record recorded in Plat record 18, Map No. 1176- 1177, Plat Records of Galveston County,Texas. These descriptions were prepared in conjunction with survey made on the ground in June 2004. December 2,2004 ��.�� E� By: Huitt-Z r �@':�'�S��F"••..-9 �j;�C� � �9�;.:�' � � ''.�.�,e.. o� .� .. ........�......o.,,..... STEVE E.��°tLLIAA� Steven E.Williams, R.P.L.S, "`�'.�o��4g,p � �`''N Texas Registration No.4819 ��0� 0��' ��'�'�s�ii�� Page 2 of 2 K:\proj\survey\0209fi201\doc\M&B RESERVE B.doc