The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 96-05 . . � ' •. . '�"`� "'�'\ • , • '� . ORDINANCE NO. 96-5 AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR PROPERTY LOCATED AT MELODY LANE AND F.M. 2351, SAME BEING LOT 2 (0.4345 ACRES) AND LOT 3 (0.4360 ACRES), BLOCK 1, MELODY PLAZA SUBDIVISION, GALVESTON COUNTY, TEXAS, TO ALLOW USE THEREOF FOR OFFICE BUILDING PURPOSES; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. * * * * * WHEREAS, O'Farrell Anderson Interest, Inc. (the "Owner"), has requested a Specific Use Permit for certain property located at Melody Lane and F.M. 2351, same being Lot 2 (0.4345 Acres) and Lot 3, (0.4360 Acres), Block 1, Melody Plaza Subdivision, Galveston County, Texas (the "Property"), said Property being situated within the corporate limits of the City of Friendswood, Texas (the "City"), and being more particularly described in E�ibit "A" attached hereto and made a part hereof; and WHEREAS, the Property currently has a zoning classification of PLANNED LTNIT DEVELOPMENT DISTRICT (PUD) pursuant to Ordinance 84-15, passed and approved the 19th day of November, 1984, same being the City's Zoning Ordinance; and WHEREAS, Owner has made application to the City for the granting of a Specific Use Pertnit for development within said PUD for office building purposes, subject to the following limitation of uses to be conducted within said office building(s) within said PUD: Antique Shop (Sales Only), Barber and Beauty Shop, Book and Stationary Store, Clinical; Medical, or Dental Offices, Home Decor Sales, Florist Shop, Handicraft and Art Object Sales, Hobby Shop, Laboratory, Medical, or Dental Offices, Professional and General Business Services, Optical Shop or Laboratory, Apparel Sales and Minor Alteration Services, Studio, Photographer, Artist and Drama, Travel Bureau or Consultant, . ,' , . , , !'�` '"'� . ,� , ,' Jewelry Store, Pharmacy, Medical Appliances, and Fitting, with the further limitation that Sales/Retail Sales uses not exceed 30% of the building space; and WHEREAS, the Planning and Zoning Commission and the City Council of the City have conducted, in the time and manner and after the notice required by law and the City's Zoning Ordinance, a public hearing on such request for the granting of such Specific Use Permit; and WHEREAS, the Planning and Zoning Commission has recommended, and the City Council now deems it appropriate,to grant such requested Specific Use Permit; 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. A Specific Use Permit is hereby granted regarding the Property, same located at Melody Lane and F.M. 2351, and being Lot 2 (0.4345 Acres) and Lot 3 (0.4360 Acres), Block 1, Melody Plaza Subdivision, Galveston County, Texas, within the corporate limits of the City, and said Property being more particularly described in Exhibit "A" attached hereto and made a part hereof, authorizing the use thereof for Office Building purposes, subject to the use limitations set forth in the preamble hereof, and subject to the Site Plan for said tract, said Site Plan being attached hereto and made a part hereof as E�ibit"B." Section . The Zoning District Map of the City shall be revised and amended to show the Specific Use Permit affecting the above described property, with the appropriate reference thereon to the number and effective date of this Ordinance and brief description of the nature of the Permit. 2 , � � ' ' �` � � . �' - Section 4. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City, save and except the granting of the Specific Use Permit as set forth herein. 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 this Ordinance or the application of the same to any person or circumstance 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 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 of the same notwithstanding the omission of any such part thus declared to be invalid or unconstiiutional,whether there be one or more parts. PASSED AND APPROVED on first reading this 19thday of Februar�, 1996. PASSED, APPROVED, AND ADOPTED on second and final reading this 4 th day of March , 1996. � � � Evelyn B. ewman Mayor ATTEST: . , De oris cKenzie, T C City Secretary 3 EXHIBIT "A" LOT 2 FIELD NOTES FOR A 0.4345 ACRE TRACT JAMES E. PERRY AND EMILY AUSTIN LEAGUE, A-111 GALVESTON COUNTY, TEXAS A PARCEL OF LAND CONTAINING 0.4345 ACRES (18,927 SQUARE FEE� BEING OUT OF THAT CERTAIN TRACT CONVEYED E3Y ROBERT L. PRINGLE TO O'FARRELL ANDERSON INTERESTS, INC. BY DEED RECORDED UNDER COUNTY CLERK'S FILE NO.9433609,DEED RECORDS, GALVESTON COUNTY, TEXAS, SAID 0.4345 ACRE TRACT BEING OUT OF LOT 21, HOIDALE AND COFFMAN SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 215, PAGE 394, DEED RECORDS, GALVESTON COUNTY, TEXAS, AND IN THE JAMES E. PERRY AND EMILY AUSTIN LEAGUE, ABSTRACT NO. 111, GALVESTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE INTERSECTION OF THE NORTHEASTERLY�INE OF MELODY LANE, 60 FEET WIDE,AND THE NORTHWESTERLY LINE OF FM 2351, 90 FEET WIDE; THENCE, N 45° 00' 00" W ALONG THE NORTHEASTERLY LINE OF THE SAID MELODY LANE A DISTANCE OF 172.12 FEET TO A SET 5/8 INCH IRON ROD; THENCE, N 45° 00'00" E A DISTANCE OF 10.00 FEET TO A SET 5/8 INCH IRON ROD BEING THE POINT OF BEGINNING; THENCE, N 45° 00'00" E A DISTANCE OF 110.53 FEET TO A SET S/8 INCH IRON ROD; THENCE, S 45° 00' 00" E A DISTANCE OF 171.93 FEET TO A SET S/8 INCH IRON ROD IN THE NORTHWESTERLY LINE OF THE SAID FM 2351; THENCE, S 44° 54'42"W ALONG THE NORTHWESTERLY LINE OF THE SA�D FM 2351 A DISTANCE OF 90.53 FEET TO A SET 5/8 INCH IRON ROD ON THE BEGINNING OF A CURVE TO THE RIGHT; THENCE, ALONG THE ARC OF THE SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 89° 54'39"A DISTANCE OF 31.38 FEET TO A SET 5/8 INCH IRON ROD, SAID CURVE HAVING A CHORD WHICH BEARS S 89° 57' 19"W, 28.26 FEET IN LENGTH; THENCE, N 45° 00' 00" W A DISTANCE OF 152.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4345 ACRES (18,927 SQUARE FEE� OF LAND MORE OR LESS. � � , . . EXHIBIT "A" LOT 3 FIELD NOTES FOR A 0.4360 ACRE TRACT JAMES E. PERRY AND EMILY AUSTIN LEAGUE, A-111 GALVESTON COUNTY, TEXAS A PARCEL OF tAND CONTAINING 0.4360 ACRES (18,992 SQUARE FEE� BEING OUT OF THAT CERTAIN TRACT CONVEYED BY ROBERT L. PRINGLE TO O'FARRELL ANDERSON INTERESTS, INC. BY DEED RECORDED UNDER COUNTY CLERK'S FILE NO.9433609,DEED REGORDS, GALVESTON COUNTY, TEXAS, SAID 0.4360 ACRE TRACT BEING OUT OF LOT 21, HOIDALE AND COFFMAN SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 215, PAGE 394, DEED RECORDS, GALVESTON COUNTY, TEXAS, AND IN THE JAMES E. PERRY AND EMILY AUSTIN LEAGUE, ABSTRACT NO. 1 1 1, GALVESTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD FOUND AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF MELODY IANE, 60 FEET WIDE, AND THE NORTHWESTERLY LINE OF FM 2351, 90 FEET WIDE; THENCE, N 44° 54'42"W ALONG THE NORTHWESTERLY LINE OF THE SAID FM 235t A DISTANCE OF 120.53 FEET TO A SET 5/8 INCH IRON ROD BEING THE POINT OF BEGINNING; THENCE, N 45° 00'00"W A DISTANCE OF 171.93 FEET TO A SET 5/8 INCH IRON ROD; THENCE, N 45° 00'00" E A DISTANCE OF 110.52 FEET TO A SET 5/8 INCH IRON ROD; THENCE, S 45° 00' 00" E A DISTANCE OF 171.76 FEET TO A SET 5/8 INCH IRON ROD IN THE NORTHWESTERLY LINE OF THE SAID FM 2351; THENCE, S 44° 54'42"W ALONG THE NORTHWESTERLY LINE OF THE SAID FM 2351 A DISTANCE OF 110.52 FEEf TO THE POINT OF BEGINNING AND CONTAINING 0.4360 AGRES (18,992 SQUARE FEEI� OF LAND MORE OR LESS. a� , � — �� I � �, t-1Ha� I . � � , � � � WOODS ' \;� � �� , � , � , , I ��. � \�� K��°��- \ , \ , , , , , � \ � \� ` \_ � � � �'�'� , . � � , � � � , � , � � � o�. � � D 137 � ^� � � � 00 , o - 'O� � a o o � o ° �, .Q'° � � \ �,� � \ 76 � � 0� 1 4 1 °oo .� 000 � 15 ,� 4 � , �� o � � o o ` . � 00 - o0 0� S�, � � � �� 26 � ,, �9 P � �ti . . ,p '�� O o _ ��P � � � � �� G`� � �,° ti �S� �� vJ v �13 3 1 1 � ,� � , �� . � � , �;