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Home My WebLink AboutOrdinance No. 98-03 . ' . � . �^ ^ . • • • ' • , ORDINANCE N0. 98-3 AN ORDINANCE ACCEPTING THE PLANNING AND ZONING COMMISSION RECOMMENDATION AND APPROVING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT 304 WEST EDGEWOOD, 8.1 ACRES, CEDARWOOD TOWNHOUSE SUBDIVISION, GALVESTON COUNPY, TEXAS, FROM MULTI- FAMILY RESIDENTIAL - LOW DENSITY (MFR - L) , TO MULTI - FAMILY RESIDENTIAL GARDEN HOME DISTRICT (MFR-GHD) , 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's, Harold E. Benson and Lorna D. Zeitler, has requested rezoning for property located at 304 West Edgewood, 8.1 acres, Cedarwood 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 know presently has a zoning classification of MULTI-FAMILY RESIDENTIAL-LOW DENSITY (MFR-L) 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 change the zoning classification of said tract of land to MULTI - FAMILY RESIDENTIAL - GARDEN HOME DISTRICT (GHD) 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, 8.1 ACRES OF PROPERTY, LOCATED AT 304 WEST EDGEWOOD, also known as CEDARWOOD TOWNHOUSE SUBDIVISION, Galveston County, Texas as shown on Exhibit "A" attached hereto is hereby changed to MULTI-FAMILY RESIDENTIAL-GARDEN HOME DISTRICT (MFR- GHD) . ORD.MFD/LST03 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 shown in 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 8 .1 ACRES OF PROPERTY LOCATED AT 304 WEST EDGEWOOD, also know as CEDARWOOD TOWNHOUSE 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 the Ordinance or the application of the same to any person or circumstance shall for any reason be adjudge 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 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 16th day of February , 1998. PASSED, APPROVED, AND ADOPTED on second and final reading this 2rid day of March , 1998. Mayor Harold L. Whitaker City of Friendswood ATTEST: De oris McKenzie T City Secretary APPROVED TO FORM: Ci Attorney l�to Ti'o,t�� 7o ir! l�j.�'.r�.S�.L� �N�� rrr�� 1��scL�5 /f'�/�if'o�E�% �Nd'mtli�n'Io NS �Y ORD.MFD/LST03 , If.3�V. � - . EXHIBIT " A " F.h1.��. SUF.'VEYIIJG CO. , IIJC. F.0. E�QX 7238 PASAC.�EI�lA, TE;CF;S 7750E�-723^0 713-4?�-g301 METES AtJU BG�R•!DS DESCP.I PT I OIJ �+ tract �� land con{aininq _'.51 ,600 sQu�re feet out of and beinq a part of that �=ertain cKlled TFn i10> acre tract of land as described in deed fram Flathan H. Ga.rret=.on, et al , to S.V. A11en recorded in Volume 429, F:qz 43� GKlvest�_n County Ueed Records, also being a partion c,f tl-�=t certain unr�Fveloped townhousE subdivision known as Cedarwood" , a rn�p or F�Int thereof as recorded in Volume 18, Paqe 14 of the M�p P.e _nrds of Ga.l�e�.tan Countr, Texas, and being in the Perry and Austin Le�.que, AbstrKct-2U, Friendswood, Galveston County, Texas, u,ith said 3`1 .500 squa.rF feet being more particularly described by metes and bound=. as fol lr��c; COh1MENCING at a I1/2 inch iron pipe found on the present Northwesterly ight-of-�•.�a.•� lir�e af F.M. 2351 <West Edgewood Drive> C100'F..O.W. > at the present cammon Easterl.• corner af the called Ten (!0) acre tr?:t and of Eignu= Subdivision, a. map or plat there of as recerded in Vc�1imF 4, PagF 6 of the Galveston County Map Records; THENCE: FI1� deq.-OQ min.-00 sec.W, alo�g the cortunon line of the called Ten ( 1 `i> acre tract and of Eiqnus Subdivision, a distance of 250.00 feet t•_ a 1/2 inch iran rod set for the most Southerly corner and Place of BF•ainning of the herein described t�act; THENCE: FJ45 deq.-UO rr�in.-ptl sec. W, continuing along the cortmon line of the =a.11ed Ten (IC�i �.cre tract and of Eignus Subdivisio�, a distance af I�1�O.U0 feet to .? 1/2 inch iron rod set at their common Westerl>• corner far the Southwester�ly corner of this tractp THENCE: h14; de4.-00 min.-4(i sec.E, alonq the Northwesterly line of the call?d Ten C10) acre tract, a distar�ce of 330.00 feet to a 1/2 inch iron rod =.et for th�e Northwesterly corner of the herein described tract at the •=ammon We=-terl� corner of the called Ten (10> acre tract and of the Final Plat of FriFnds Crossing, a map or plat thereof as recarded in Vol �me 18, P�qe 516 of the Gal�eston County F1ap Records� THENCE: S�5 deg.-UQ min.-00 sec.E, along the cammon line of the called Ten (10) acre tract �nd of the Final Plat of Friends Crossing, a distance of 1:]2U,00 feFt to a 1/2 inch iron rod set for angle; THENCE: S35 deg.-p0 min.-UO sec.W, parallel to the No�thwesterly right-of-way lir�F of F.M. 2351 , a distance of 1 .00 4eet to a 1/2 inch iron rod s�t for anqle; THENCE: 5°�5 deg.-QO min.-i�0 sec,E, parallel to the Northeaste�ly line of the c;lled Ten acre tract, a distar�ce of 250.00 feet to a 1/2 inch iron rod 4et on the Northa�esterl� riqht-of-way line of F.ht. 2351 for the rnost Ea.=.torly-Northeast cnrr�er c+f this tract; THENCE; �45 deg.-UO min.-UO sec.W, alonq the Northwesterly riqht-of-way line of F.Ft. 2351 , a distance of 60.00 feet to a 1/2 inch iron rod set fc�r angle at the most Easterly-Southeast corner of the herein describe�i tractg THEIJCE: F�f�S deq.-UU min.-i]0 sec.6J, par�llel to the Southwesterly line of the cailed Ten i10) acre tract, a distance of 250.00 feet to a 1/2 inch iron r�d set for anqle; THENCE: S45 deo.-04 min.-00 sec.W, para.11el Co th�e Northwesterly riyht-of-way line of F,M. 23�1 , a distance of 120.00 feet to the Place of Beqinning an•j b?ing 8.U71c� Acres, THE BEARINGS HEREIN ARE gASED ON DEED BEA,�INGS AND THOSE AS SHOWN ON THE " RECORDED PLAT OF CEDARWppD, THERE WERE NO APpAREtiT pZSIBLE SIGNS OF IPELINES ON OR ACROSS THIS TRACT AT THE TIME OF SURVEy, DATE: NOVEMBER 20, 1997 . K . S I , SR. - GISTERED PROFESSIO LAND SUR�'EY02 53698 . _ , v --- , -..y,�, � � ° C� C� ' �p r---i `rc� ��/ V � O �.1� � J� �� O � � � � ti� P � � Q �d� bo� �J �� C1) ia � d% � �