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HomeMy WebLinkAboutOrdinance No. 98-18/J � � • ° � . ' . - 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. 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