HomeMy WebLinkAboutOrdinance No. 98-18/J
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ORDINANCE NO. 38-18
AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION
RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR 0.8181
ACRES OF LAND LOCATED ON F.M. 528 ADJACENT TO THE BOCA
RATON SUBDIVISION FROM CO1�![TNITY SHOPPING CENTER (CSC) TO
NEIGHBORHOOD COMMERCIAL (NC) , 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 OF
ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
* * * * * * * * * * * * *
WHEREAS, record owner, Maurice Estlinbaum, Trustee Two Pair Joint Venture,
has requested rezoning for property located at F.M. 528 (Parkwood) 0 .8181
acres of land out of a 5.069 acre tract, Southwesterly corner of Lot 1,
Block l, Boca Raton Subdivision, Section 1, 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 of hereof; and
WHEREAS, said tract of land know presently has a zoning classification of
Community Shopping Center (CSC) 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 Neighborhood Commercial (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, 0.8181
ACRES OF LAND OUT OF A 5.069 ACRE TRACT, SOUTHWESTERLY CORNER OF LOT 1,
BLOCK 1, SECTION 1, ADJACENT TO THE BOCA RATON SUBDIVISION, LOCATED AT F.M.
528 (PARKWOOD) Galveston County, Texas as shown on Exhibit "A" attached
hereto is hereby changed to Neighborhood Commercial (NC) .
ORD.CSC/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 0.8181 ACRES OF LAND
LOCATED ON F.M. 528 ADJACENT TO THE BOCA RATON SUBDIVISION, SECTION l,
City of Friendswood, Galveston County, Texas.
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 15 th day of June �lggg,
PASSED, APPROVED, AND ADOPTED on second and final reading this 6 th day
of July , 1998.
Mayor Harold L. Whitak r
City of Friendswood
ATTEST:
. .
Deloris McKenzie TR
City Secretary
Approved To Form:
. �
Ci y Attorney
Motion: Councilmember JPrry Fricsson
2nd:Councilmember Kitten Hajecate
Approved: Unanimously
ORD.CSC/LST03
EXHIBIT "A" • �
FIELD NOTES ON 0.8181 ACRES OF LAND OUT OF
„ a 5.069 Acre Tract conveyed to Maurice Estlinbaum,
as Trustee for Two Pair Joint Venture by Silvestri
Investments, Inc. by General Warranty Deed dated
7th day of May 1997, and being a part of a 12.9872
Acre tract as described in Film Code Number 006-97-
1991 in the Office of the County Clerk of Galveston
County, Texas, situated in the Mary Sloan Survey,
Abstract 164, Galveston County, Texas, and the G.W.
Patterson Survey, Abstract 645, Galveston County,
Texas, and being more particularly described by Metes
and Bounds as follows:
Commencing at the most southwesterly corner af Lot 1; BTock l, of Boca Raton, Section
One, as filed in Volume 18, Page 352, Map Records, Office of the County Clerk,
Galveston County, Texas; .
Thence N. 09° 26' 37" E. a distance of 123.81 to an angle point;
Thence N. 29° 03' 23" E., a distance of 491.44 feet to the PLACE OF BEGINNING for the
description of this 0.8181 Acre Tract of land;
THENCE N. 46° 48' 52" W. , a distance of 239.83 feet to a point in the southeasterly
right-of-way line of F.M. 528, for the most westerly corner of this Tract being
described;
THENCE N. 41° 07' 23" E. , along said southeasterly right-of-way line of F.M. 528, a
distance of 160.00 feet to a 3/4 inch iron rod for the most northerly corner of this
Tract being described;
THENCE S. 48° 48' 52" E. a distance of 205.62 feet to a 5/8 inch iron found for the
most southeasterly corner of this Tract being described;
THENCE S. 29° 03' 23" W. a distance of 163.65 feet to the PLACE OF BEGINNING, and
containing 0.8181 Acres of Land.
Prepared & Certified By:
COENCO, Inc.
Consulting Engineers
�r...�.. �. � ..�'�
MALCOLM A. COLLINS, Registered
Professional Land Surveyor # 496.
Date: 22 April 1998
Page 1 of 1
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