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HomeMy WebLinkAboutOrdinance No. 95-03 . ,/"�"�' !"�� • ' ' • - ORDINANCE N0. 95-03 AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT 402 E . EDGEWOOD (FM 2351 ) , 0 . 3857 ACRE TRACT OF LAND OUT OF LOT 21 , HOIDALE AND COFFMAN SUBDIVISION OF THE NORTHEAST PART OF THE PERRY AND AUSTIN LEAGUE , ABSTRACT 2 , GALVESTON COUNTY , TEXAS FROM SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT (SFR) TO PLANNED UNIT DEVELOPMENT ( PUD) AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE N0. 8�4-15; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY ; N AND PROVIDING FOR SEVERABILITY . * * * � �t �t � WHEREAS , RECORD OWNER , PAUL MCMAHAN AND BUYER LESLIE M. WACASEY has requested rezoning for PROPERTY LOCATED AT 402 EAST EDGEWOOD ( FM 2351 ) , 0 . 3856 ACRES OUT OF LOT 21 , ABSTRACT 2, HOIDALE AND COFFMAN SUBDIVISION OF THE NORTHEAST PART OF THE PERRY AND AUSTIN LEAGUE , Galveston County, Texas , situated within the corporate limits of the City of Friendswood , Texas , said tract bein� 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 SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT) pursuant to Ordinance No . 8�4-15 , passed and approved the 19th day of November , 1984 , same being the City of Friendswood Zoning Ordinance ; and WHEREAS , Record Owner/Buyer for said property, has made application to the City of Friendswood to change the zoning � classification of said tract of land to PLANNED UNIT DEVELOPMENT ( PUD) 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 publie hearing on such request for change in zoning elassification; and WHEREAS, the Planning and Zoning Commission has recommended and the City Couneil now deems it appropriate to APPROVE such requested ehange in classification; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , STATE OF TEXAS : Seetion � The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct . 1 /"� �"'�, . . ' . . Seetion ,� The zoning classification of that certain il- property, located AT 402 E . EDGEWOOD (FM 2351 ) , 0. 3857 ACRES OUT OF LOT 21 , HOIDALE AND COFFMAN SUBDIVISION, Galveston County, Texas as shown on Exhibit "A" attached hereto is hereby changed to PLANNED UNIT DEVELOPMENT ( PUD) . Section � The Zoning Distriet Map of the City of Friendswood shall be revised and amended to show the zoning � classification of the above deseribed 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 deseription 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 PROPERTY LOCATED AT �402 E. EDGEWOOD (FM 2351 ) , 0 . 3857 ACRES OUT OF LOT 21 , HOIDALE AND COFFMAN SUBDIVISION, GALVESTON COUNTY , TEXAS as deseribed in Exhibit "A" as provided in Section 2 . Seetion �= Any person who shall violate any provision of this ordinance shall be deemed quilty of a misdemeanor and , upon conviction, shall be fined in an amount not to exceed $2 , 000 . Eaeh day of violation shall constitute a separate offense . Seetion � 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 thus declared to be invalid or unconstitutional , whether there be one or more parts. * * � * � PASSED and APPROVED on first reading this 20th day of February, 1995 . PASSED , APPROVED , and ADOPTED on second and final reading this 6th day of March, 1995. Mayor velyn . Newman AT ST: C r Deloris MeKenz e , RMC City Secretary � 2 ..... .—,,..� • " . . WALKER L. TREESH Registered Professional Land Surueyor P.O. Box 2113 Peahand, Texas 77588 713-485-5191 � FIELD NOTE DESCRIPTION OF A 0.3857 ACRE TRACT OF IAND OUT OF IAT 21 OF THE HOIDALE AND COFFT'1AN SUBDIVI,SION OF THE NORTHEAST PART OF THE PERRY AND AUSTIN LEAGUE, ABSTRACT 2, GALVFSTON COUNTY, TEKAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDID IN VOI�JME 215, PAGE 39�+ OF THE COUNTY CLERK'S RECORDS OF GALVESTON COUNTY, TExA.S, AND BEING MORE PARTICUI,ARLY DESCRIBID AS FOLIAWS: BEGINNING at a 2 inch iron rod in theenorthwest right of way line of F.M. 2351 (East Edgewood Ave.� which bears N 45 00` 00" W a distance of 40.00 feet and S 45 00' 00�� W a distance of 264.00 feet from the most easterly corner of the aforementioned Lot 21; THENCE S 45� 00' 00" W along the northwest right of way line of F.M. 2351 (East � Edgewood Ave. �, a distance of 120.00 feet to a 2 inch iron rod for corner; THEr10E N 45� 00' 00" W a distance of 140.00 feet to a z inch iron rod for corner; THENCE N 45� 00 ' 00�� E a distance of 120.00 feet to a � inch iron rod for corner; THENCE S 45� 00' 00" E a distance of 140.00 feet to the PLACE OF BEGINNING and containing 0.3857 acre of land, more or less. 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