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HomeMy WebLinkAboutOrdinance No. 97-21 . . , � � ^ ^ ' • , ' . ORDINANCE NO. 97-21 AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT 111 EAST EDGEWOOD, 0.9530 ACRE TRACT OUT OF LOT 2, BLOCK 2, IN THE FRIENDSWOOD SUBDIVISON, GALVESTON COUNrY, TEXAS, FROM SINGLE FAMILY RESIDENTIAL (SFR) , TO NEIGHBORHOOD COMMERCIAL DISTRICT (NC) , AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE N0. 84-15; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. WHEREAS, RECORD OWNER, Myra Patton, represented ,by agent David O'Farrell, has requested rezoning of PROPERTY LOCATED AT 111 East Edgewood. 0.9530 ACRE TRACT OUT OF LOT 2, BLOCK 2, FRIENDSWOOD SUBDIVISION, 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 hereof; and WHEREAS, said tract of land has a zoning classification of SINGLE FAMILY RESIDENTIAL (SFR) 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 for said property, has made application to the City of Friendswood to change the zoning classification of said tract of land to NEIGHBORHOOD COMMERCIAL DISTRICT (NC) , 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 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 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 111 East Edgewood, 0.9530 acre tract out of Lot 2, Block 2, Friendswood Subdivision, Galveston County, Texas, as shown Exhibit "A" attached hereto is hereby changed to NEIGHBORHOOD COMMERCIAL DISTRICT (NC) . 1 ' ' . . r.. /'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, known as 111 East Edgewood, 0 .9530 acres tract out of Lot 2, Block 2, Friendswood Subdivision, Galveston County, Texas, as shown on 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 PROPERTY LOCATED AT 111 EAST EDGEWOOD, 0.9530 acre tract out of Lot 2, Block 2, Friendswood Subdivision, Galveston County Texas as described in Exhibit "A" as provided in Section 2 . 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 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 lSt day of December , 1997. PASSED, APPROVED, and ADOPTED on second and final reading this 15 th day of December lgg�, � Mayor Harold L. Whitaker City of Friendswood ATT T: � Deloris McKenzi , T C City Secretary APPROVED AS TO FORM: �. D, John Olson City Attorney 2 EXHIBIT "A" f1ELD NOiES FOR A 0.9530 ACRE TRACT SARAH IdpCISSICK OR J. R. W1LUA1.1S LEAGUE ' GALVESTON CWNTY, TEXAS A PIIRCEL OF UNO CONTAJNINC 0.9530 ACRES (41,514 SQUARE FEE7) 1AOR£ OR LESS. OUT OF LOT 2. BIOCK 2. FRIEN�SVN000 SUB�IVIS�ON. AS RECORDE� iN VOlU1AE 238. PACE 14 IN THE OFFlCE OF THE COUNTY CIERK. GALVESTON CWNTY, TEXAS, IWO BEING THAT SAL1E I1CRE TRACT CONVEYEO FR01A AIYKA A. PATTON EXECUTRIX, TO 41YRA /1. PATTON. TRUSTEE OF THE NAWAI.1 BEN,lAMIN PATTON TRUST, AS RECORDEO IN FlU�1 COOE N0. 011-45-2221 IN THE OFf10E OF THE COUNTY CIERK, GALVESTON COUNTY, TEXAS, SAID 0.9530 ACRE TRACT, BEING SITUATEO IN iHE SNR/W �ACK�SSICK OR J.R. W1LU/ulS LEAGUE. CALVESTON COUNTY. TEXAS. AND BEING IAOR£ PARTiCUURLY DESCRIBE� 8Y IAETfS ANO BWNOS AS FOLLOWS: C0IAMENqNG AT THE wEST CORNER OF LOT 1 OF SA10 BLOCK 2. FRIENDSw000 SUB�IVISION. SI►1dE BEING THE NORTH CORNER Of SAtO LOT 2; THENCE, S 45' 00' 00" E. �MTN THE CO�A►AON UNE OF SAIO LOT 1 ANO 2, 11 OISTANC£ OF 50.00 FEET TO A PqNT IN THE SWTNEAST UNE OF F.IA. 2351; THENCE, S 45' 00' 00" W. W11H THE SAIO SWTHEAST LINE OF F.M. 2351 A DISTANCE OF 38.30 FEET TO A SET 5/6 INpi IRON R00 FROM MAi�CH A FWNO 1/2 INCH R00 BEARS 5 35' 03' 42" E 1.22 FEET, 5�10 SET S/8 INCH R00 BEING TNE NORTH CORNER OF TNE SA10 0.9530 ACRE TRACT, SM�IE BONG THE WEST CORNER OF THAT CERTAIN TRACT CONVEYED FROAa IAOZELL� MrORTN �ASSEY, EXECUIRIX TO w1LUA1A J. ALLEE ANO w1FE. vIRqNIA RAE ALLEE. AS RECOR�EO IN BOOK 2755, PACE 37. OEED RECORDS OF GALVESTON COUNTY, TEXAS, AND AL50 BEING THE POINT Of BEpNNINC; TNENCE. S 45' 00' 00' E. FlRST WiTH THE SWTHWEST UNE OF THE SAIO ALLEE TRACT, TNEN MATH THE SOUTHWEST UNE Of A REM�INOER PORTION OF iNl1T CERTNN TRACT CONVEYED FROM LEON BROWN AND MAFE. UVERNA BROMM, TO MALUAM B. PATTON ANO YMFE. I�AYRA A. PATTON, AS RECOR�ED IN BOOK 1799. PACE 582. OEEO RECOR�S Of GALVESTON CWNTY, TEXAS, SAME BEING THE NORTHEAST UNE OF THE S/UO 0.9530 ACRE TRACT, A OISTANCE OF 220.00 FEET TO A FOUNO 1/2 INCN IRON R00, IN THE NORTHWEST UNE OF 7HAT CERTAIN TRACT CONVEYED FRObI WILUAIA 8. PATTON AND WiFE, MYRA A. PATTON, TO TNE F�RST BAPTIST CHURCH Of FRIENOSw'000. TEXAS. AS RECOR�ED IN BOOK 26�5. PACE 144, DEE� RECOROS OF GAIVESTON COUNTY, TEXAS FOR THE SOUTH CORNER OF THE SAID REIAIJNOER PATTON TRACT, SAME BEING THE EASi CORNER OF THE SAI� 0.9530 ACRE TRACT; THENCE. 5 45' 00" 00" W, WITH THE SOUTHEAST UNE OF TNE SAIO 0.9530 ACRE TRACT. SAME BEING THE NORIHWEST UNE OF THE SAID FlRST BAPTIST CHURCH OF FRIENpSW000. TEXAS. A DISTANCE OF 188.70 FEET TO A POINT IN THE NORTHEAST UNE OF PECAN DRIVE FROId WH�CH A FOUNO i/2 INCH IRON R00 BEI1R5 S 83' S7' 13� W. 0.46 FEET, SAID POINT BEINC TNE SOUTH CORNER OF THE SAID 0.9530 ACRE TRACT ANO TNE wEST CORNER OF THE SAID FIRST BAPTIST CHURCN OF FRIEWOSW000. TEXAS; THENCE. N 45' 00' 00" E. MAT1-I THE SOU1HwEST UNE OF THE SAIO 0.9530 ACRE TRACT, SA1dE BEING THE SAIp NORTHEAST UNE OF PEC/W DRIVE, A �ISTANCE OF 220.00 FEET TO A FWNO 5/8 INCH IRON R00 C11PPE0. MARKEO S.O.H.P.T.. IN THE SAIO SOUTNEAST UNE OF F.M. 235t. FR01A MMICH A fOUND t/2 INCH IRON R00 BEARS N 33' 03' 29' E. 0.46 FEET, SAIO FOUNO 5/8 INCH IRON R00 BEING TNE wEST CORNER OF THE $A10 0.9530 ACRE TRACT; THENCE. N 45' 00' 00' E. MATH T1�E NORTHwEST UNE OF T1�E SAIO 0.9530 ACRE TRACT, SAME BEINC T11E SAIp SOUTHEAST UNE OF F.M. 2351. A DISTANCE OF 188.70 FEET TO THE POINT OF BEGINNING AND CONTA�NING 0.9530 ACRES (41,514 SWARE FEET) OF LANO I.IORE OR IESS. � " � � �„� �/'�,,,,� . . ' - �p0 � 1 � � 154 � � o � �` 'Y o 0 0 0 0 ° ° �C� � �° � � � � �O � � � � 1 q O � � � � 0 0 � � � . � O ° S � � � � 11 O � O 0 133 o � o � � o ; o � 0 P � C� � P �