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Home My WebLink AboutOrdinance No. 97-25 �� /� � ' .. , . • � • ' ,/ ' �'� ' • . ORDINANCE NO. 97-25 AN ORDINANCE APPROVING THE PLANNING AND ZONING CONIMISSION RECOMMENDATION REGARDING THE REQUEST FOR A SPECIFIC USE PERMIT FOR A 0 .6365 ACRE TRACT IN THE JAMES E. PERRY AND EMILY AUSTIN LEAGUE, Alll, OUT OF LOT 1, MELODY PLAZA 1 SUBDIVISION ON MELODY LANE AT EAST EDGEWOOD, GALVESTON COUNTY, TEXAS, PLANNED UNIT DISTRICT (PUD) , FOR A SPECIFIC USE PERMIT-RESIDENTIAL/DESIGN STUDIO (SUP-RESIDENTIAL/DESIGN STUDIO) , AMENDING THE ZONING DISTRICT MAP OF. THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. * * * * rr * * * * WHEREAS, record owner, Cliff and Bonnie Padgett, has requested a SPECIFIC, USE PERMIT for a 0.6365 acre tract in the James E. Perry and Emily Austin League, Alll, property out of Lot 1, Melody Plaza I Subdivision on Melody Lane at East Edgewood, Galveston County, Texas, situated within the corporate limits of the City of Friendswood,Texas; and WHEREAS, said tract of land known presently has a zoning classification of PLANNED UNIT DISTRICT (PUD) 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 request a SPECIFIC USE PERMIT-RESIDENTIAL/DESIGN STUD20 (SUP- RESIDENTIAL/DESIGN STUDIO) , 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 WHEREAS, the Planning and Zoning Commission has recommended APPROVAL and the City Council now deems it appropriate to APPROVE such requested change in classification; NOW, THEREFORE BE IT ORDAINfiD 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 that certain property, located at 0.6365 acre tract, James E. Perry and Emily Austin League, Alll, out of Lot 1, Melody Plaza I Subdivision on Melody Lane at East Edgewood, Galveston, County, Texas, is hereby changed to SPECIFIC USE PERMIT- RESIDENTIAL/DESIGN STUDIO (SUP-RESIDENTIAL/DESIGN STUDIO) . 1 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 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 a 0.6365 ACRE TRACT OF JAMES E. PERRY AND EMILY AUSTIN LEAGUE, Alll, ALSO KNOWN AS PART OF LOT 1, MELODY PLAZA I SUBDIVISION ON MELODY LANE AT EAST EDGEWOOD, Galveston County, Texas as described by the metes and bounds in attached Exhibit "A" . Section 5 . This Specific Use Permit shall become null and void after a period of two (2) years after the date of issuance unless construction or use is substantially underway during said two-year period, or unless an extension of time is approved by City Council. 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. Each day of violation shall constitute a separate offense. Section 7. In the event any 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 thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED AND APPROVED ON FIRST READING THIS 15 DAY OF December , 1997. PASSED, APPROVED, AND ADOPTED ON SECOND At�TD FINAL READING THIS 5 DAY OF January , 1998. Mayor Harold L. Whitaker City of Friendswood Attest: � Deloris McKenzie, TRMC City Secretary APPROVED TO FORM: City Attorney 2 EXHIBIT "A" LOT 1 FIELD NOTES FO R A 0.6365 ACRE TRACT JAMES E. PERRY AND EMILY AUSTIN LEAGUE, A-111 CALVESTON COUNTY, TEXAS A PARCEL OF LAND CONTAINING 0.6365 ACRES(27,726 SQUARE FEEn BEING OUT OF THAT CERTAIN TRACT CON1/�yED BY ROBERT L. PRINGLE TO O'FARRELL ANDERSON INTERESTS, INC, BY DEED RECORDED UNDER COUNTY((XERI�S FILE NO.s43;i6o9,DEED RECORDS, GALVESTON COUNTY,TEXqS, SAID 0.6365 ACRE TRqCT BEING OUT OF LOT 21, HOIDALE AND COFFMAN SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 215, PAGE 394, DEED RECORDS,GALVESTON GOUNTy, TEXAS, ANO IN THE JAMES E. PERRY AND EMILY AUSTIN LEAGUE, ABSTRACT NO. 111, GALVESTON COUNTY,TEXAS ANO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE INTERSECTION OF THE NORTHEASTERLY L1NE OF MELODY LANE, 60 FEET WIDE,ANO THE NORTHWESTERLY LINE OF FM 2351,90 FEET WIDE; THENCE, N 45° 00�00"W ALONG THE NORTHEASTERLY LINE OF iNE SAID ME�ODY LANE A DISTANCE OF 292.12 FEET TO A FOUND 1/2 INCH IRON ROD ON THE SOUTHWESTERLY CORNER OF THE ORCHARD ACCORDfNG TO THE CORRECTED PLAT THEREOF RECORDED UNDER FILM CODE NO. 92�5420 PLAT RECORDS, GALVESTON COUNTY,TEXqS; THENCE, N 45° 00'00•E ALONG THE EASTERLY LINE OF TNE SAID ORCHARD A DISTANCE OF 10.00 FEET TO A FOUND 5/8 INCH IRON ROD BEING THE POINT OF BEGtNNtNG; TNENCE, N 45° 00�00•E ALONG THE EASTERLY LINE OF THE SAI� ORCHARD A DISTANCE OF 221.05 FEET TO A FOUND 1/2 INCH IRON ROD; THENCE, S 45° 00'00•E A DISTANCE OF 291.76 FEET TO A SET 5/8 INCH 1RON ROD; THENCE, S 45° 00'00•W A DISTANCE OF 221.05 FEET TO A SET 5/8 INCH IRON ROD; T'HENCE, N 45° 00'00• W A DISTANCE OF t20.00 FEET TO THE POINT OF BEGINNING AND CONTAINfNG 0.6365 ACRES (27,726 SQUARE FEE� OF LAND MORE OR LESS. � i • • ----- --- _:. ----- -------- - - � � ------ ----- - � � � -L 1v C-f=�7��Q- � � . , � � ' WO ., ., � ,�,' ��;, 0 D S < , , , �� . , , \ i� �j ` `� � ,;�� . 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