HomeMy WebLinkAboutOrdinance No. 98-23 ORDINANCE NO. 98-23
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING THE
PLI�NNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE
REQUEST FOR A SPECIFIC USE PERMIT FOR PROPERTY LOCATED AT 17231
BLACKHAWK BOULEVARD, SKYHAWK (FORMERLY SEAHAWK) APARTMENTS,
12.597 ACRE TRACT OF LAND OUT OF UNRESTRICTED RESERVE "H", BLOCK
17, SECTION 3, FOREST BEND SUBDIVISION, HARRIS COUN'PY, TEXAS,
MULTI FAMILY RESIDENTIAL-HIGH DENSITY (MFR-H ) FOR A SPECIFIC
USE PERMIT/MULTI FAMILY RESIDENTIAL-HIGH DENSITY APARTMENTS
(SUP/MFR-H APARTMENTS) , 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 OF AN
AMOUNP NOT TO EXCEED $2,000. FOR EACH DAY OF VIOLATION HEREOF;
�ND PROVIDING FOR SEVERABILITY.
* * * * * * * * * * * * *
WHEREAS, record owner United Dominion Realty Trust, has requested a SPECIFIC
USE PERMIT for property located at 17231 Blackhawk Boulevard, Skyhawk
(formerly Seahawk) Apartments, 12 .597 acre tract of land out of unrestricted
Reserve "H", Block 17, Section 3, Forest Bend Subdivision, Harris County,
Texas, situated within the corporate limits of the City of Friendswood,
Texas; and
WHEREAS, said tract of land presently has a zoning classification of MULTI
FAMILY RESIDENTIAL-HIGH DENSITY APARTMENTS (MFR-H APARTMENTS) 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/MULTI FAMILY
RESIDENTIAL-HIGH DENSITY APARTMENTS, 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
ORD.SUP/LST03
L�
Section l. 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 17231 BlackhawK Boulevard, Skyhawk (formerly Seahawk) Apartments, 12, 597
acre tract of land out of unrestricted Reserve "H", Block 17, Section 3,
Forest Bend Subdivision, Harris County, Texas, is hereby changed to SPECIFIC
USE PERMIT/MULTI FAMILY RESIDENTIAL-HIGH DENSITY APARTMENTS, (SUP-MFR-H
APARTMENTS) .
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 for property located at 17231
Blackhawk Boulevard, Skyhawk (formerly Seahawk) Apartments, 12 .597 acre
tract of land out of unrestricted Reserve "H��, ALSO KNOW AS BEING OUT OF
BLOCK 17, SECTION 3, FOREST BEND SUBDIVISION, Harris 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 the 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 adjusted 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.
ORD.SUP/LST03
PASSED, APPROVED ON FIRST READING THIS 6th DAY OF JUlV ,1998.
PASSED, APPROVED, AND ADOPTED ON SECOND AND FINAL READING THIS 2Oth DAY
oF Jul� , 1998.
Mayor Harold L. Whitaker
City of Friendswood
ATTEST:
3
D loris McKenzi , T C
City Secretary
Approved to Form:
City Attorney
Motion: Councilmember Kitten Hajecate
2nd: Councilmember Tom D�anison
Approved: Unanimousl_y
ORD.SUP/LST03
� , � ' ' EXHIBIT "A" . .
All that certain 12.597 acre tract of land situated in the Sarah McKissick
Survey, A-549, Harris County, Texas; said 12.597 acre tract of land being out of
and a part of that certain 10.907 acre tract (called) being located in Harris
County, Texas, and being out of and a part of Reserve "H", Block 17, of Forest
Bend Subdivision, Section 3, according to the plat thereof recorded in Volume
180, Page 73 of the Map Records of Harris County, Texas, and being described in
a deed dated February 1, 1983, from Charles McMahon, Trustee to Blackhawk
Venture, and recorded under County Clerk's File No. H-803536 in the Official
Public Records of Real Property in Harris County, Texas, and also being out of
and a part of that certain 5.0145 acre tract (called) being situated in the said
Sarah McKissick Survey, and being described in Assumption Deed dated January 11,
1983, from W.F. Mitchell, Trustee to the Blackhawk Venture, and recorded under
County Clerk's File No. H-824819 in the Official Public Records of Real Property
in Harris County, Texas; said 12.597 acre tract being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found in the easterly right-of-way
line of Blackhawk Boulevard (based on a width of 100.00 feet) at the
most southwesterly corner of that certain 6.5076 acre tract known as
"Bay Meadows Apartments", described in a deed dated April 27, 1983,
from Robert Graham to Forest Bend Limited and recorded under County
Clerk's File No. H-918111 in the Official Public Records of Real
Property in Harris County, Texas;
THENCE, N 73° 55' S4" E, 210.08 feet along the southerly line of
said "Bay Meadows Apartments" 6.5076 acre tract to a 5/8 inch iron
rod found for corner of the herein described tract;
THENCE, N 33° 15' 37" E, 596.20 feet along the southeasterly line of
said "Bay Meadows Apartments" 6.5076 acre tract to a 5/8 inch iron
rod found in the northeasterly line of said Unrestricted Reserve
"H", Block 17, for the most northerly corner of the herein described
tract;
THENCE, S 48° 24' 57" E, along the northeasterly line of said
Unrestricted Reserve "H", Block 17 and the southwesterly line of
Harris County Flood Control District Drainage Ditch No. A-114-02-00
Easement at 418.83 feet passing the most easterly corner of said
Unrestricted Reserve "H", Block 17 and the most northeasterly corner
of the said 5.0145 acre tract and continuing along the northeasterly
line of the said 5.0145 acre tract and the southwesterly line of the
said Harris County Flood Control District Drainage Ditch No. A-114-
02-00 Easement for a total distance of 926.98 feet to a 5/8 inch
iron rod found for the most easterly southeast corner of the herein
described tract; said point also being the northeasterly corner of
that certain 2.7014 acre tract (called) being out of and a part of
the said 5.0145 acre tract and described in Deed of Trust dated
September 22, 1983, from Blackhawk Venture to William R. Ridgwa ,
Trustee for Southern State Bank and recorded under County Clerk�s
File No. J-153632 in the Official Public Records of Real Property of
Harris County, Texas;
THENCE, S 81° 12' 03" W, 379.05 feet along the north line of the
said 2.7014 acre tract to a 5/8 inch iron rod found in the
northeasterly line of said Unrestricted Reserve "H", Block 17, for
corner of the herein described tract;
J
THENCE, S 29° 25' 08" E, 104.43 feet along the northeasterly line of
said Unrestricted Reserve "H", Block 17 and the southwesterly line
of the said 2.7014 acre tract to a 5/8 inch iron rod found for
corner of the herein described tract; said point also being the
northeast corner of that certain 0.656 acre tract of land described
in a deed dated October 13, 1981, from Charles 0. McMahon, Trustee
to Kenneth R. Smith and Robert E. Merrill recorded under County
Clerk's File No. H-186119 in the Official Public Records of Real
Property in Harris County, Texas;
THENCE, S S1° 12' 38" W, along the northerly line of the said 0.656
acre tract (called) at 136.11 feet (called) passing the
northeasterly corner of that certain 0.585 acre tract (called) of
land described in deed dated November 9, 1981, from Charles 0.
McMahon, Trustee to C.R. Dorsett and W.D. Dorsett recorded under
County Clerk's File No. H-224695 in the Official Public Records of
Real Property in Harris County, Texas, at 286.11 feet (called)
passing the northeasterly corner of that certain 0.5965 acre tract
(called) of land described in a deed dated February 1, 1983, from
Blackhawk Venture to V.L. Jefford, Jr. recorded under County Clerk's
File No. H-803541 in the Official Public Records of Real Property in
Harris County, Texas and at 438.96 feet (called) passing the
northwesterly corner of the said 0.5965 acre tract and continuing
for a total distance of 439.90 feet to a 5/8 inch iron rod found for
corner of the herein described tract;
THENCE, S 08° 47' 28" E, 169.94 feet to a 5/8 inch iron rod found in
the northerly right-of-way line of F.M. Road No. 528 (based on a
width of 100.00 feet) for the most southerly southeast corner of the
herein described tract;
THENCE, S 80° 51' 48" W, 60.04 feet along the northerly right-of-way
line of said F.M. Road No. 528 to a 5/8 inch iron rod found for the
most southerly southwest corner of the herein described tract; said
point also being the southeasterly corner of that certain 32,300
square foot (called) tract of land described in a deed dated March
25, 1983, from Byron F. Coffman, et al to Mark Joseph Davis recorded
under County Clerk's File No. H-877329 in the Official Public
Records of Real Property in Harris County, Texas;
THENCE, N 08° 49' 46" W, 170.28 feet along the easterly line of the
said 32,300 square foot tract to a 5/8 inch iron rod found for
corner of the herein described tract; said point also being the
northeasterly corner of the said 32,300 square foot tract;
THENCE, S S1° 28' 40" W, 17.91 feet along the northerly line of the
said 32,300 square foot tract to a 5/8 inch iron rod found for
corner of the herein described .tract; said point also being the
southeasterly corner of that certain 770 square foot tract being the
residue of the said 10.907 acfe tract;
THENCE, N 08° 33' 30" W, 5.07 feet along the easterly line of the
said 770 square foot tract to a 5/8 inch iron rod found for corner
of the herein described tract; said point also being the
northeasterly corner of said 770 square foot tract;
THENCE, S 81° 11' 51" W, 154.01 feet along the northerly line of the
said 770 square foot tract to a 5/8 inch iron rod found for corner
of the herein described tract; said point also being the
northwesterly corner of said 770 square foot tract;
THENCE, S 08° 52' 40" E, 5.12 feet along the westerly line of the
said 770 square foot tract to a 5/8 inch iron rod found in the
northerly line of the said 32,300 square foot tract for corner of
the herein described tract;
THENCE, S 81° 14' 20" W, alonq the northerly line of the said 32,300
square foot tract at 18.00 feet (called) passing the northeasterly
corner of that certain 25,400 square foot tract (called) of land
described in a deed dated February 15, 1983 from William Paul
Verkin, Trustee to Ernest I. Hamilton, Trustee and recorded under
County Clerk's File No. H-820823 in the Official Public Records of
Real Property in Harris Count , Texas, and continuing for a total
distance of 168.23 feet to a 5�8 inch iron rod found in the easterly
right-of-way line of said Blackhawk Boulevard for the most westerly
southwest corner of the herein described tract; said point also
being the northwesterly corner of the said 25,400 square foot tract;
THENCE, N OS° 45' 06" W, 81.07 feet along the easterly right-of-way
line of said Blackhawk Boulevard to a 5/8 inch iron rod found for a
point of curve;
THENCE, in a northwesterly direction along the easterly right-of-way
line of said Blackhawk Boulevard and a curve to the left having a
radius of 2050.00 feet, through a central angle of 07°19'22" for an
arc distance of 262.01 feet to the POINT OF BEGINNING and containing
12.597 acres or 548,715 square feet; (chord bearing and distance is
N 12° 24' 47" W, 261.82 feet) .
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