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HomeMy WebLinkAboutOrdinance No. 96-02 ORDINANCE N0. '96-2 AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT F'.M. 528 AND SUNSET (CORNER), 6.75 ACRES OF OUT OF THE SARAfi MCKISSICK LEAGUE, ABSTRACT #151, GALVESTON COUNTY, TEXAS, FROM: NEIGHBORHOOD CENTER (NC) TO: COMMLINITY SHOPPING CENTER (CSC), AMEtIDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE N0. 84-15; AND CONTAINING OTHER PROVISIONS RELATING TO TI� SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. WHEREAS, record owner, Sun-Park Oil Limited, has requested rezoning of property located at F.M. 528 and Sunset (corner) , 6.75 acres out of the Sarah McKissick League, Abstract #151, 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 hereof; and , WHEREAS, said tract of land known presently has a zoning classification of NEIGHBORHOOD CENTER (NC) pursuant to Ordinance 84-15, passed and approved the 19th day of November, 1984, same being the City of Friendswood Zoning 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 COMMUNITY SHOPPING CENTER (CSC) 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOB, STATE OF TEXAS: 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 classif ication of that certain property, located at F.M. 528 and Sunset (corner), 6.75 acres out of the Sarah McKissick League, Abstract #151, Galveston County, Texas as shown on Exhibit "A" attached hereto is hereby changed to COMMUNITY SHOPPING CENTER (CSC) . 1 i� 5ection 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 on 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. Thzs 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 property located at F.M. 528 and Sunset (corner), 6.75 acres, out of the Sarah McKissick League, abstract #151, 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, sha11 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 jurisdict,ion, 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 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 5TH DAY OF FEBRUARY , 1996. PASSED, APPROVED, AND ADOPTED ON SECOND AND FINAL READING THIS 19TH DAY OF FEBRUARY, 1996 . k�� Mayor � elyn B Newman City of Friendswood ATTEST: . D loris McKenzie, T C City Secretary APPROVED AS TO FORM: +�• Joh Olson City Attorney 2 �--:,� �;;� � _ : i � ADAMS SURVEYIN�G CO. � I STEVE D.ADAMS � 215 W. Sealy St. Registered Proless�onal Land Surveyor MAII: P.O. 80X 114 PHONE: (713) 331-3523 ALVIN,TEXAS 77512-0114 "' _ •=a'���: � , � EXHIBIT "A° i � i I � FIELD' NOTES ' I ; � I i 6 . 75 I�CRES OF LAND, OUT OF THE SARAH McKISSICK LEAGUE, � ABSTR�CT 151 , GALVESTON COUNTY„ TEXAS, AND BEING A PART OF � THAT ERTAIN 61 . 4775 ACRE TRACT DESCRIBED IN A DEED FROM DONALD C. AND BETTY BELLE DAWSON TO SUN-PARK OIL, LTD. , ! RECORDED IN VOLUME 2441, PAGE 647 , DEED RECORDS OF GALVESTON i COUNTY�, TEXAS, SAID 6. 75 ACRES BEING MORE PARTICULARLY � DESCRIIBED AS FOLT.OWS; ! i BEGINt�INC3 at a 1/2 inch iron rod set in the Northeast line of � Sunset. Drive (80 . 0 foot right-of-way) , said point being i locat��d South 45 deg. 21 min. 35 sec. East - 30 .0 feet from a I 1/2 i �ch iron rod found at the 3outh corn�r of Lot 28 , Sunwo�d Subdivision according ,to the Plat recorded in Vo2ume � I 18 , P�,ge 261, Map Records of Galveston County, Texas; i � THENCI�: North 45 deg. 02 min. 50 sec. East, along the � South .ast line of 1 . 5555 acre detentian pond shown on the � Plat f Sunwood, a distance of 624 .0 feet to a 1/2 inch iron � rod f . und in the Southwest lirie of the Principal Mutual Life j InsurSince Company tract recorded in Film Code 006-48-1144; ! i THENCI: South 44 deg . 03 min. 24 sec. East , alonq the i South��►est line of the Principal Mutual Life Insurance Co. i tract a distance of 265 .08 feet to a 1/2 inch iron rod set ; at th� North corner of a 0.75 'acre tract; i THENC��' South 44 deg. 53 min. 30 sec. West , along the i North+aest line of said 0 .75 acre tract , a distance of 126 .0 ; feet �o a 1/2 inch iron rod set for corner; I I THENC�E South 44 deg. 03 min. 24. sec . East, along the � South est line of said 0 .75 acre tract, a distance of 260 .0 ( feet �o a 1/2 inch iron rod set in the Northwest right-of-way i line o� F. M. 528, � _ , , ; THENC�E South 44 deg. 53 min. 30 sec . West , along the ; North�rest line of F. M. 528, a distance of 135 . 25 feet to a i 1/2 i�nch iron rod found for corner; ; THENCE South 39 deq. 53 min. 30 sec. East a distance of 8 . 87 ; feet ,to a DOT monument found for corner; j THENOE, continuing along the Northwest riqht-of-way line of � F. M.� 528, following a curve to the right having a Radius of � 22 , 858 . 31 feet , Central Angle of 00 deg. 48 min. 07 sec. an � arc distance of 320 . 02 feet (Chord Bearing and Distance: � Soutr� 45 deq. 47 min. 58 sec. West - 320 .02 feet) to a 1/2 i inch �iron rod set for angle point; � �,��� ��ur �n b rr oPer t i es 7 1 3331 1 71 4 P_'03 � �i r� . i � � ; i � ; I --°� �'�- I ADAMS SUR1/El'!NG CO. I STEVE D.ADAMS f 215 W.Seafy St. \ Regisrered Prolessy4onal Land Surveyor MAII: P.O. 6oX �1a PHONE: (713)33)I3523 ALVIN,TEXAS 77512-0114 � f� .�.'�%i.Y� � EXHIBIT "A"! ( � , � � I , � � Page 2; of Field Notes on 6.75 acres of land j � � � THENCE� South 72 deg. 26 min. 27 sec. West a distance of 33.90 � feet t�o a 1/2 inch iron rod set in the Northeast riqht-of-way i line of 5unset Drive; ! I THENC� North 45 deq. 21 min. 35 sec. West , alonq the ! Northeast right-of-way line of Sunset Drive, a distance of � 514. 7� feet to the PLACE OF SEGINNING and containing 6.75 I acres �of land. � , , I ��'O�^..r'�=...,,� �� Of= r��� Field Notes written Uecember 13, 1995 . ) �C^,�G\rJa,F�'F•�';;� � ��,Q �� � ,t, I�`�:� � 'S �tl,�t�,l): �. �.z 7�vlr I ,�'. �..•,s�..�' � .`;� ;STE E D. ADAMS � _ i "y��•.p`.f .�..' . -,L� . .;_��''", ',,.,. � ± Registered Professional Land Surveyor No. 3666 ; ����_�U: � � ;� i �' i Sunpa�k2 } � I ' I _ —. , , � � � � I � I I � i � ! 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