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Home My WebLink AboutOrdinance No. 95-14� , �. .. _._ _. __' \ �. � . . •I • -� � � � � ' � • . . ORDINANCE N0. 95-1 � AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE REQUEST FOR SPECIFIC USE PERMIT FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MELODY AND FM 2351 , LOT 1 , BLOCK 1 , PROPOSED MELODY PLAZA, FRIENDSWOOD , GALVESTON COUNTY , TEXAS FROM PLANNED UNIT DEVELOPMENT (PUD) TO SPECIFIC USE (SP)-RESIDENCE & DRAPERY SHOP ACCORDING TO THE SITE PLAN ATTACHED HERETO, AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE N0. 8�-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. � � � � � � � WHEREAS, record owner , DAVID 0 'FARRELL has requested a SPECIFIC USE PERMIT for property located at NORTHWEST CORNER MELODY AND FM 2351 , LOT 1 , BLOCK 1 , PROPOSED MELODY PLAZA , Friendswood , Galveston County, Texas , situa�ed 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 elassification of PLANNED UNIT DEVELOPMENT (PUD) pursuant to Ordinance No . 84-15 , passed and approved the 19th day of November, 198� , 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 request a SPECIFIC USE PERMIT-RESIDENCE & DRAPERY SHOP (SP) according to the Site Plan attaehed hereto , 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 mar�ner and after the notice required by law and the Zoning Ordinance of the City, a publie hearing on sueh 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: 1 Seetio� � The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correet. Section 2. The zoning classification of that certain property, located at THE NORTHSEST CORNER OF MELODY AND FM 2351 , Lot 1 , Block 1 , PROPOSED MELODY PLAZA, Friendswood , Texas , Galveston, County as shown on Exhibit "A" attached hereto is hereby changed to SPECIFIC USE-RESIDENCE & DRAPERY SHOP (SP) � aceording to the Site Plan attached hereto and make a part of. Seetion 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 Seetion 2 hereof, with the appropriate reference thereon to the number and effective date of the ordinance and brief description of the nature of the chan�e . Seeti� �,= This ordinance shall in no manner amend , ehange , supplement, or revise any provision of any ordinance of the City of Friendswood , save and except the ehan�e in zoning classification for property located AT NORTHWEST CORNER MELODY AND FM 2351 , Lot 1 , Block 1 , proposed Melody Plaza, Friendswood , Galveston County, Texas as described in Exhibit "A" as provided in Seetion 2. � Seetion � This Specific Use Permit is valid for a period of two ( 2) years from the date of issuance and shall become null and void unless construction or use is substantially underway during said two-year period , or unless an extension of time is approved by City Council . Seetion � Any person who shall violate any provision of this ordinance shall be deemed quilty of a misdemeanor and , upon convietion, shall be fined in an amount not to exceed $2, 000 . Each day of violation shall constitute a separate offense . Seeti� ,�. 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 uneonstitutional by a court of competent jurisdietion, 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 deelared to be invalid or unconstitutional , whether there be one or more parts. � � � � � 2 . , � ,-.. � . . . , . . ^.� , . PASSED and APPROVED on first reading this 15th day of May, 1995 . PASSED , APPROVED , and ADOPTED on second and final reading this 5th day of June , 1995 . � �- Mayor velyn B. Newman ATT T• , Deloris MeKe ie , TRMC City Seeretary APPROVED AS TO FORM: John Olson City Attorney DA 8-6-93 3 t. i� - 1 t-!.r ' '�J" J � V fY 1 J � L G L G 1 Y 1 t c 1 1 u t 1-� L_ � � a .. ._. . � cJ �. , . .__.. ��` .v - ' � LOT 1 FIELD NOTES FOR A 0.6365 ACRE TRACT JAMES E. PERRY AND EMILY AUSTIN LEAGUE, A-111 GALVESTON COUNTY, TEXAS A PARCEL OF LAND CONTAINfNG 0.6365 ACRES (27,726 SQUARE FEEI} BEING OUT OF THAT CERTAIN TRACT CONVEYED BY ROBERT �. PRINGLE TO O'FARRELL ANDERSON INTERESTS, INC. BY DEED RECORDED UNDER GOUNTY CLERK'S FILE NO.9433609,DEED RECORDS, GALVESTON COUNTY,TEXAS, SAID 0.6365 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 LINE O�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 MEL.ODY LANE A DISTANCE OF 292.12 FEET TO A FOUND 1/21NCH IRON ROD ON THE SOUTHWESTERLY CORNER � OF THE ORCHAAD ACCORDfNG TO THE CORRECTED PLAT THEREOF RECORDED UNDER FILM CODE NO. 9205420 PLAT RECORDS, GALVESTON COUNTY,TEXAS; THENCE, N 45° 00'00"E ALONG THE EASTER�Y LINE OF THE SAID ORCHARD A DISTANCE OF 10.00 FEET TO A FOUND 5/8 INCH IRON ROD BEING THE POINT OF BEGINNING; THENCE, N 45° 00'00"E ALONG THE EASTERLY�INE OF THE SAID ORCHARD A DISTANCE OF 221.05 FEET TO A FOUND 1/2 INCH IRON ROD; THENCE, s as° oo�ao•E A DfsTANCE oF 2s1.7s FEET TO A SET 5/8 INCH IRON RoD; THENCE, S 45° 00'00°W A DISTANCE OF 221.05 FEET TO A SET 5/8 INCH IRON ROD; THENCE, N 45° 00' 00" W A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNlNG AND CONTAINING 0.6365 ACRES (27,726 SQUARE FEE� OF LAND MORE OR LESS. � �' �, � � - �� C. 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