HomeMy WebLinkAboutOrdinance No. 98-34 ' - ' ° `� � ^� -� • .
ORDINANCE NO. 9 8—3 4
AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OF FIVE
(5) PARCELS OF LAND COMPRISING 132.81 ACRES, MORE OR LESS,
LOCATED IN THE THOMAS CHOATE SURVEY, A-12, THE SARA
McKISSICK SURVEY, A-549, AND THE JOHN DICKSON SURVEY, A-15,
HARRIS AND GALVESTON COUNTIES, TEXAS, TO WIT: 16.41 ACRES,
MORE OR LESS, FROM MULTIPLE FAMILY RESIDENTIAL - HIGH
DENSITY (MFR-H) TO SINGLE FAMILY RESIDENTIAL (SFR); AND 13.23
ACRES, MORE OR LESS, FROM MULTIPLE FAMILY RESIDENTIAL -
HIGH DENSITY (MFR-H) TO GARDEN HOME DISTRICT (GHD), 54.34
ACRES, MORE OR LESS, FROM OFFICE PARK DEVELOPMENT (OPD) TO
MULTIPLE FAMILY RESIDENTIAL-GARDEN HOME DISTRICT (MFR-
GHD), 19.42 ACRES, MORE OR LESS, FROM SINGLE FAMILY
RESIDENTIAL (SFR) TO MULTIPLE FAMILY - GARDEN HOME DISTRICT
(MFR-GHD), 29.42 ACRES, MORE OR LESS, FROM OFFICE PARK
DEVELOPMENT (OPD) TO SINGLE FAMILY RESIDENTIAL (SFR), EACH
SUCH TRACT BEING WITHIN THE CITY OF FRIENDSWOOD, TEXAS;
AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED
BY ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE
19TH DAY OF NOVEMBER 1984, SAME BEING APPENDIX C OF THE
FRIENDSWOOD CITY CODE; PROVIDING A PENALTY OF AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND
PROVIDING FOR SEVERABILITY.
* * * * *
WHEREAS, Autumn Creek Development Ltd. is the owner of approximately 132.81
acres of land situated within the corporate limits of the City of Friendswood, Texas; and
WHEREAS, said 132.81 acres of land presently has several zoning classifications
thereon, under Ordinance No. 84-15, the City of Friendswood Zoning Ordinance; and
WHEREAS, Sunwood Development Corporation did donate, grant, give, and convey to
the City of Friendswood, Texas, a right-of-way easement for a public right of way municipally
known as Bay Area Boulevard, which is not included in this rezoning; and
FWD/Z-CLASS CHG(4 TR.)/10/09/98
WHEREAS, Autumn Creek Development Ltd. has made application to the City of
Friendswood to change the zoning classification of said 132.81 acres of land as follows:
Parcel 1: A 16.41 acre tract currently zoned Multiple Family Residential - High
Density (MFR-H), to be rezoned to Single Family Residential (SFR);
Parcel 2: A 13.23 acre tract currently zoned Multiple Family Residential - High
Density (MFR-H), to be rezoned to Multiple Family Residential - Garden
Home District (MFR-GHD);
Parcel3: A 54.34 acre tract currently zoned Office Park Development (OPD) to be
rezoned to Multiple Family Residential - Garden Home District
(MFR-GHD);
Parcel4: A 19.42 acre tract currently zoned Single Family Residential (SFR) to be
rezoned to Multiple Family Residential - Garden Home District
(MFR-GHD);
Parcel 5: A 29.42 acre tract currently zoned Office Park Development (OPD) to be
rezoned to Single Family Residential (SFR).
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 requests for change in zoning
classifications; and
WHEREAS, the Planning and Zoning Commission has recommended and the City
Council now deems it appropriate to grant such requested changes 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 the 132.81 acres of land located in the
Thomas Choate Survey, A-12 and the Sarah McKissick Survey, A-549 and which is depicted on
FWD/Z-CLASS CHG Autumn Creek 2 2
the attached Rezoning Exhibit, hereinafter called Exhibit "A," which is incorporated herein by
reference, are rezoned as follows:
Parcel l: A 16.41 acre tract currently zoned Multiple Family Residential - High
Density (MFR-H), to be rezoned to Single Family Residential (SFR), the
boundaries of which are contained in the metes and bounds description
attached hereto as E�ibit B, and incorporated herein;
Parcel2: A 13.23 acre tract currently zoned Multiple Family Residential - High
Density (MFR-H), to be rezoned to Multiple Family Garden Home District
(MFR-GHD) the boundaries of which are contained in the metes and
bounds description attached hereto as Exhibit C, and incorporated herein;
Parcel3: A 54.34 acre tract currently zoned Office Park Development (OPD) to be
rezoned to Multiple Family Garden Home District (MFR-GHD) the
boundaries of which are contained in the metes and bounds description
attached hereto as Exhibit D, and incorporated herein;
Parcel4: A 19.42 acre tract currently zoned Single Family Residential (SFR) to be
rezoned to Multiple Family Garden Home District (MFR-GHD) the
boundaries of which are contained in the metes and bounds description
attached hereto as Exhibit E, and incorporated herein;
Parcel5: A 29.42 acre tract currently zoned Office Park Development (OPD) to be
rezoned to Single Family Residential (SFR) the boundaries of which are
contained in the metes and bounds description attached hereto as Exhibit
F, and incorporated herein.
All rezonings are as authorized by the City of Friendswood Zoning Ordinance and as shown on
Exhibit A, submitted to the City.
Section 3. The Zoning District Map of the City of Friendswood shall be revised and
amended to show the zoning reclassification of such land as described and provided in Section 2
hereof, with the appropriate reference thereon to the number and effective date of this Ordinance M
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 changes in
FWD/Z-CLASS CHG Autumn Creek 2 3
, , • . r�'�, � s"� ,,.� ' •
zoning classification of said land described in Section 2 hereof. Specifically, this Ordinance does
not change or amend the zoning of the right of way lying between these tracts, municipally
known and shown on Exhibit A as Bay Area Boulevard, and as further described in Exhibit "F"
attached hereto and made a part hereof, by document dated the 30th day of June 1997, and filed
of record in the Harris County Deed Records at File Number 5604468, Pages 514-46-3257
through 514-46-3265, inclusively, which property is owned by the City of Friendswood.
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
$2000. 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 circumstances 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 of provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, 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 19th day of October , 1998.
PASSED, APPROVED, and ADOPTED on second and final reading this 2nd day of
November , 1998.
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Harold L. Whitaker
Mayor
FWD/Z-CLASS CHG Autumn Creek 2 4
. . • . � � � ,.1, • .
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Deloris McKenzie, T C
City Secretary
FWD/Z-CLASS CHG Auhunn Creek 2 5
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FIELD NOTES ��� Received t�`
MFR ZONING TO SFR ZONING ',�r= �.�a�;� �;'l
16.405 ACRES �- -'�' '
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Description of a 16.405 acre (714,604 squaze feet)tract of land, being a portion of Tra�ct�`�.�_�
called 128.897 acre tract as described in a deed from Sunwood Development Corporation
and Hanis County L.P. Inc., (as recorded under Harris County Clerk's File Numbers S-
953732) to Autum Creeek Development, Ltd., and as described in a deed from Sunwood
Development Corporation Ltd. (as recorded under Harris County Clerk's File Numbers S-
953733) to Harris County L.P. Inc., said 16.405 acre tract being described as follows (with
bearings referenced to the north line of said 128.897 acre tract): �
COMMENCING at the intersection of the southerly line of a 160.00 foot wide Han-is
County Flood Control drainage easement recorded under Harris County Clerk's File No.
K384682 with the westerly line of a called 12.501 acre tract of land described in the deed to
the City Of Friendswood recorded under Harris County Clerk's File No.S604467;
THENCE, South 22°12'47" West, with the westerly line of said 12.501 acre tract, a distance
of 1564.83 feet to a 5/8-inch iron rod found at the begiruiing of a curve to the left;
THENCE, southwesterly, continuing with the westerly line of said 12.501 acres and with
said curve to the left, having a radius of 2050.00 feet, through a central angle of 02°20'S7",
the chord bears South 21°02'18" West, a distance of 84.05 feet, an azc length of 84.05 feet to
the POINT OF BEGINNING;
THENCE, southwesterly, continuing with the westerly line of said 12.501 acres and with
said curve to the left, having a radius of 2050.00 feet, through a central angle of 38°41'44",
the chord bears South 00°30'S8" West, a distance of 1358.33 feet, an arc length of 1384.50
feet to a 5/8-inch iron rod found for the point of tangency;
THENCE, South 18°49'S4" East, continuing with the westerly line of said 12.501 acres, a
distance of 188.04 feet to a 5/8-inch iron rod found for corner;
THENCE, South 71°10'06" West, departing the westerly line of said 12.501 acres, a distance
of 419.45 feet to a point for corner;
THENCE, North 18°49'S4" West, a distance of 189.03 feet to a point at the beginning of a
curve to the right;
THENCE, northeasterly, with said curve to the right, having a radius of 2470.00 feet,
through a delta angle of 38°07'02", the chord bears North 00°13'37" East, a distance of
Page 1 of 2
f. .
1613.08 feet, for a total arc length of 1643.22 feet to a point for corner;
THENCE, South 73°22'S1" East, a distance of 420.73 feet to the POINT OF BEGINNING
and containing 16.405 acres (714,604 square feet) of land more or less.
Gary Carli ,� �.OF� �
Q'•,•p�9 T E``° .�.
Registered Professional Land Surveyor No. 4917 S.Q� � AFO,�`�
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' " EXHIBIT ��C�� ,�,.,. .-..
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FIELD NOTES AUS I998 `:','�
MFR ZONING TO GHD ZONING Received '?
13.226 ACRES c;�Y or F�KOd:M� •;
Commun'rh DevelovmeM
Description of a 13.226 acre (576,132 square feet) tract of land, being a portion of�'tact 2, a
called 227.716 acre tract as described in a deed from Sunwood Deyelopment CorpoTari;on:and
Harris County L.P. Inc., (as recorded under Harris County Clerk's File Numbers 5-953732) to
Autum Creeek Development, Ltd., and as described in a deed from Sunwood Development
Corporation Ltd. (as recorded under Harris County Clerk's File Numbers 5-953733) to Harris
County L.P. Inc.,, said 13.226 acre tract being described as follows (with bearings referenced
to the north line of said 227.716 acre tract): _
COMMENCING at the intersection of the southerly line of a 160.00 foot wide Harris County
Flood Control drainage easement recorded under Harris County Clerk's File No.(H.C.C.F.I�
K384682 with the easterly line of a called 12.501 acre tract of land described in the deed to
the City Of Friendswood recorded under Harris County Clerk's File No.S604467;
THENCE, South 22°12'47" West, with the easterly line of said 12.501 acre tract, a distance of
1420.31 feet to a 5/8-inch iron rod found for the beginning of a tangent curve to the left;
THENCE, southerlywesterly, continuing with said east line and said curve to the left, having a
radius of 1950.00 feet, through a central angle of 11°34'45", the chord bears South 16°25'24"
West, a distance of 393.42 feet, for a total arc distance of 394.09 feet to the POINT OF
BEGINNING;
THENCE, North 84°22'42" East, departing said easterly line, a distance of 646.52 feet to a
point in the westerly line of a called 51.31 acres tract of land described in the deed to Holmes
Family Properties, L.T.D. recorded under Hazris County Clerk's File No.S012547;
THENCE, South 41°43'25" West, with the westerly line of said 51.31 acres, a distance of
979.94 feet to the westerly most corner of said 51.31 acres;
THENCE, South 48°17'41" East, with the southwesterly line of said 51.31 acres, a distance of
1059.28 feet to the north east corner of a called 50 acre tract described in a deed to Holmes
Family Property, L.T.D. recorded under H.C.C.F.N. 5012547.
THENCE, South 41°41'16" West, with the northwesterly line of said 50 acre tract , a distance
of 631.01 feet, to a 5/8-inch iron rod found in the easterly line of said 12.501 acre City of
' Friendswood tract;
THENCE, North 18°49'S4" West, with the southwesterly line of said 12.501 acre tract a
� distance of 903.09 feet and to a non-tangent curve to the right;
Page 1 of 2
THENCE, northerly with said east line and said curve to the right, having a radius of 1950.00
feet, through a central angle of 29°27'S6", the chord bears North 04°OS'S6" West, a distance of
991.81, for a total arc length of 1002.83 feet to the POINT OF BEGINNING and containing
13.226 acres (576,132 squaze feet) of land ;
G arl' e Q.�o's�F'-•tiF.�.
Registered Professional Land Surveyor No. 4917 f;'a�� � AFO�,�
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• � EXHIBIT "D"
FIELD NOTES �i,, _, J
OPD ZONING TO GHD ZONING ` � ✓ �
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54.341 ACRES '`.'` COmmunnr u;��,�o�r ;;j'�
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Description of a 54.341 acre (2,367,088 square feet) tract of land, being a portion o � t 2, a
called 227.716 acre tract as described in a deed from Sunwood Development Corporation and� v
Harris County L.P. Inc., (as recorded under Harris County Clerk's File Numbers S-953732) to
Autum Creeek Development, Ltd., and as described in a deed from Sunwood Development
Corporation Ltd. (as recorded under Harris County Clerk's File Numbers 5-953733) to Harris
County L.P. Inc., said 54.341 acre tract being described as follows (with bearings referenced to
the north line of said 227.716 acre tract): -
BEGINNING at the intersection of the southerly line of a 160.00 foot wide Harris County Flood
Control drainage easement recorded under H.C.C.F.N. K384682 with the easterly line of a called
12.501 acre tract of land described in the deed to the City Of Friendswood recorded under Harris
County Clerk's File No.S604467;
THENCE,North 81°07'21" East, with the southerly right-of-way line of said Harris County
Flood Control Easement, a distance of 1702.43 feet to a point in the west line of a called 6.822
acre tract of land described in the deed to Houston Lighting and Power Company recorded under
H.C.C.F.N. F336215;
THENCE, South 41°43'25" West, with the easterly line of said 6.822 acre tract and with the
northwesterly line of a 11.73 acre tract as described in a deed to George W. Dorrance recorded in
Volume 2681, Page 520 of the Harris County Deed Records, a distance of 275.14 feet to a 5/8-
inch iron rod found for corner;
THENCE, South OS°38'41" East, departing said easterly line, a distance of 1332.84 feet a point
for corner;
THENCE,North 48°19'47" West, a distance of 980.57 feet to a point for corner;
THENCE, South 41°43'25" West, a distance of 1355.73 feet to a point for corner;
THENCE, South 84°22'42" West, a distance of 646.52 feet to a point for corner in the easterly
tine of said 12.501 acres and the beginning of a curve to the right;
THENCE, northeasterly, with said easterly line and curve to the right, having a radius of 1950.00
` feet, through a delta angle of 11°34'45", the chord bears North 16°25'24" East, a distance of
393.42 feet for a total arc length of 394.08 feet to a point for corner;
THENCE,North 22°12'47" East, continuing with said easterly line, a distance of 1420.31 feet to
the POINT OF BEGINNING and containing 54.341 acres (2,367,088 square feet) of land.
�
Gary Car ' e �Q,'(���Rl�.t.y
Register d Professional Land Surveyor No. 4917 �Q ��
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EXHIBIT "E" ��.,j:,.,�
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FIELD NOTES /I� a�s �98 .
SFR ZONING TO GHD ZONING I��_'.' R '
19.418 ACRES ! : ��eceived
';:, KnaswooE
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�°�^aY Oerebpm�M
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Description of a 19.418 acre (845,869 square feet) tract of land,_being a portion of°�'ract ��,�,/
2, a called 227.716 acre tract as described in a deed from Sunwood Development `�"�G r v �
Corporation and Harris County L.P. Inc., (as recorded under Harris County Clerk's File
Numbers S-953732) to Autum Creeek Development, Ltd., and as described in a deed
from Sunwood Development Corporation Ltd. (as recorded under Harris County Clerk's
File Numbers S-953733) to Harris County L.P. Inc., said 19.418 acre tract being
described as follows(with bearings referenced to the north line of said 227.716 acre
tract):
COMMENCING at the intersection of the southerly line of a 160.00 foot wide Harris
County Flood Control drainage easement recorded under H.C.C.F.N. K384682 with the
easterly line of a called 12.501 acre tract of land described in the deed to the City Of
Friendswood recorded under Hacris County Clerk's File No.S604467;
THENCE, North 81°07'21" East, with the southerly right-of-way line of said Harris
County Flood Control Easement, a distance of 1702.43 feet to a point in the west line of a
called 6.822 acre tract of land described in the deed to Houston Lighting and Power
Company recorded under H.C.C.F.N. F336215;
THENCE, South 41°43'25" West, with the westerly line of said 6.822 acre tract and with
the northwesterly line of a 11.73 acre tract as described in a deed to George W. Dorrance
recorded in Volume 2681, Page 520 of the Harris County Deed Records, a distance of
275.14 feet to a 5/8-inch iron rod found for corner;
THENCE, South OS°38'41" East, a distance of 1332.84 feet to the POINT OF
BEGINNING of the herein described tract;
. THENCE, South OS°38'41" East, a distance of 221.27 feet to a point for corner;
THENCE, South 84°21'20" West, a distance of 1385.00 feet to a point in the northerly
. line of a called 51.31 acre tract described in the deed to Holmes Family Properties L.T.D.
and recorded under Hairis County Clerk's File No.S01.2547;
THENCE, North 48°18'35" West, with said northerly line, a distance of 205.36 feet to a
point for corner;
THENCE, North 41°43'25" East, a distance of 1168.04 feet to a point for corner;
THENCE, South 48°19'47" East, a distance of 980.57 feet to the PO1NT OF
BEGINNING and containing 19.418 acres (845,869 square feet) of land.
/ OF �
•� ��Q?%�'`�E R••�
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Gary Car ile .e �
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Registered Professional Land Surveyor No. 4917 ��GARY W;�RU�•••
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FIELD NOTES `�' �� i-•�
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OPD ZONING TO SFR ZONING �. f � �
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29.416 ACRES r�. r���. . �.;•�:z��o��t .
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Descri tion of a 29.416 acre 1 281, �� " ' �',�'
p ( , 366 square feet) tract of land, being a portion of�ract 2, a called';"-''
227.716 acre tract as described in a deed from Sunwood Development Corporation and Harris County
L.P. Inc., (as recorded under Harris County Clerk's File Numbers S-953732) to Autum Creeek
Development, Ltd., and as described in a deed from Sunwood Development Corporation Ltd. (as
recorded under Hams County Clerk's File Numbers S-953733) to Harris County L.P. Inc., said
29.416 acre tract being described as follows (with bearings referenced to the north line of said
227.716 acre tract):
COMMENCING at the intersection of the southerly line of a 160.00 foot wide Harris County Flood
Control drainage easement recorded under H.C.C.F.N. K384682 with the easterly line of a called
12.501 acre tract of land described in the deed to the City Of Friendswood recorded under Hacris
County Clerk's File No.S604467;
THENCE,North 81°07'21" East, with the southerly right-of-way line of said Harris County Flood
Control Easement, a distance of 1702.43 feet to a point in the west line of a called 6.822 acre tract of
land described in the deed to Houston Lighting and Power Company recorded under H.C.C.F.N.
F336215;
THENCE, South 41°43'25" West, with the westerly line of said 6.822 acre tract and with the
northwesterly line of a 11.73 acre tract as described in a deed to George W. Donance recorded in
Volume 2681, Page 520 of the Hazris County Deed Records, a distance of 275.14 feet to a 5/8-inch
iron rod found for the POINT OF BEGINNING of the herein described tract;
THENCE, South 48°13'25" East, with the southerly line of said 11.73 acres, a distance of 1912.13
feet to a 5/8-inch iron rod found in the westerly line of a called 62 acre tract of land described in the
deed to Holmes Family Properties L.T.D. recorded under Harris County Clerk's File No.S012547;
THENCE, South 41°43'47" West, with the westerly line of said 11.73 acres, a distance of 900.08 feet
to a point for corner;
THENCE, North 48°19'47" West, departing said westerly line, a distance of 931.43 feet to a point for
corner;
THENCE, North OS°38'41" West, a distance of 1�2.84 feet to the POINT OF BEGINNING and
containing 29.416 acres (1,281,366 square feet) of land.
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Gary Carlil - -_GpAY W.CARLILE
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Registered Professional Land Surveyor No. 4917 :9 4917 Q r�
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