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HomeMy WebLinkAboutOrdinance No. 2005-14 Title: An ordinance amending the Zoning Ordinance of the City of Friendswood to change the zoning of the 9.8718 acres located at 511 North Friendswood Drive from Single Family Residential (SFR) and Community Shopping Center (CSC) to Planned Unit Development (PUD). ORDINANCE NO. 2005-14 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 9.8718 ACRE TRACT OF LAND FROM SINGLE-FAMILY RESIDENTIAL (SFR) AND COMMUNITY SHOPPING CENTER (CSC) TO PLANNED UNIT DEVELOPMENT (PUD), SUCH TRACT BEING LOCATED AT 511 NORTH FRIENDSWOOD DRIVE, OUT OF LOT FIVE (5), HOIDALE AND COFFMAN SUBDIVISION GALVESTON COUNTY, TEXAS, AND WITHIN THE CITY LIMITS OF THE CITY; PROVIDING FOR THE AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. * * * * * WHEREAS, TGB Development, Ltd. is the owner (the "Owner") of a certain 9.8718 acre tract of land presently zoned Single-Family Residential (SFR) and Community Shopping Center(CSC), pursuant to the City's Zoning Ordinance, as amended; and WHEREAS, the Owner has made application to the City to change the zoning classification of said 9.8718 acre tract, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Single-Family Residential (SFR) and Community Shopping Center(CSC) to Planned Unit Development (PUD); and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the Zoning Ordinance of the City, a public hearing on such request; and WHEREAS, the Planning and Zoning Commission has recommended approval of the application and the City Council deems it appropriate to grant such request, subject to certain regulations, restrictions, and conditions; 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 9.8718 acre tract, same being more particularly described in Exhibit "A," attached hereto and for all things made a part hereof, located at 511 North Friendswood Drive, out of Lot Five (5), Hoidale and Coffman Subdivision, Galveston County, Texas, and within the city limits of the City, is hereby changed from Single- Family Residential (SFR) and Community Shopping Center (CSC)to Planned Unit Development (PUD) for use as permitted within such zone classification, subject to the regulations, restrictions, and conditions hereinafter set forth. Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 9.8718 acre tract, as described and as provided in Section 2 above, with the appropriate reference thereon to the number and effective date of this Ordinance and a brief description of the nature of the change. Ord.2005-14 2 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 said 9.8718 acre tract as described above. Section 5. In the event any section, paragraph, subdivision, 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 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 and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. 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 $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 18th day of Apri12005. PASSED, APPROVED, and ADOPTED on second and final reading this 2°d day of May 2005. / r � _/ �, Kimball W. Brizendine ayor ATTEST: �F FR�EN�s� � o � o * Deloris McKenzie, RMC City Secretary q •�, � jE � S� P°+� Ord.2005-14 � 3 ;t81 4E27547 RMI Management 11-43:27 01-27-2D05 e/8 E%F3IBIT "Ar' METES AND 80lINDS RESCRIPTION 9.8718 ACRES OUT OF Lp1"5, HOIDALE AND COFFMAN SUBDIVISI�N AND PERRY AND AlJSTIN LEAGE A65TRAC7- 20 �RIENDSWdOD, GALVESTON COUN�Y,TDCAS Ap �hat�ertain 9.8718 acres out of Lot 5 Hoidale and Caffman Subdiv9sion according to the plat thereof fiSed in Volume z15, Page 394 Gaiveston County Deed Records transfer to Plat 14 Map 48 Gaiveston County Pfat Records and being out of the Perry and Austin League Abstract – ZO and being more particulariy described by metes and bounds as follows with bearings being based on the north right-of-way fine of Farm Market R�ad 518 to be N 61° 49'00"W; �eginning at a calf and found 3/4" iron pipe marking the southwest corner of that certain tract described in a deed dated 45-14-1996 from Assoclated Properties ta Bruce A. Bryant, et ux as filed in 4fficiai Records af Real Praperty of Galveston County at • Gerk`s Fle Number 96-20770 Film Code Number Oii-ii-0162 and marking a paint on the northerly right-of-way line of Farm Market Road 518(F. M. 5!8) (100'wide); i, Thence N 61° 49` 00"W— 640.42` (Deed N 61° 47'00"W) with northerly right-of- way iine of said F. M. 518 to a set 5/8" iran rod with cap {Stamped C. L. Davis, R_P.L.S. 4464) for corner from which a four,d 1/2" iron rod bears N 06° Z2' 5Z" E— 1.�0'from said point; 2. Thenc�e N 43° 12' 00" E with the northeast line of tf�at cer�ain tract desc�ibed in a deed dated 08-13-1975 from Kathfeen Ann Veasey�o Thomas K. Wiley, et ux filed in Volume 3041, Page 547 GaNeston County Reed �tecords passing at 567.39' a found iJ2"iron rod for reference point and con�inuing a tota! distance of 651.Oi`to a point for corner, 3. Thence N 43° 12' 00" E — 13.OQ' with the northeast line of that certain tract described in a deed dated 08-13-1975 fr�m Marian C. West to Clarence W. Veasey, et ux �led in Book 2655, Page 10Q GalvesEon County Deed Records to a paint fo� corner;, 4. Thence S 46° 45' DO"E-- 58.18' {cailed 58.50'in Volume 3041, Page 647 Galvestan _ County Nlap Records) with the southweste�y line of Lot 7, Block 2, Section One Dunbar Estates according to the plat thereof filed in Vofume IQ, Page 79 Gafveston County Map Records to a point for corner; Thence the fopowing four (4) courses with the westerly and southeriy line of that . cer�ain tract described in a deed dated 03-27-1986 from Marion J. West to Clear Creek 11-321-AD]M&b.doc 2�1 4�92/547 RMI ManagemenL 11.43:47 Ot-27-2005 5/8 . c Drainage District as filed in Official Reco[ds of Real �roperty of Galvestan County at Cferk`s File Number 86-12511 Fifm Code Number OD449-0299; 5. Thence $ 43° 12' 00" W — 76.32' to a set 5/8" iron rod with cap {Stamped C. �. Davis, R.P.L.S. 4464) For carner; 6. Thence S 78° 15' 4i" E — Z55.91' to a set 5J8" iron rod with cap (Stamped C, L. Dav3s, R.P.L.S. 4464) for comer; 7. Thence S 8a° 06' 23" E -- 294.Q6' to a set 5/8' iron rod with cap {Stampec! C. L. Davis, R.P.L.5. 4464} marking a point an a curve ta the right having a radius of 372.50`and a centrai angle of 32° 2D`45"; B. Thence with said curve an arc distance of 2I0.29' and a ch�rd bearing and dist�nce � of S 63° 56'Oi° E — Z07.5I' to a set 5/8" iron rad with cap (Stamped C. L. Dav9s, R.P.L.S. 4464)for corner; Thence the following three (3) courses with the westerly line o€ that certain tract described in a �eed dated 05-141996 from Associated Propertles to Bruce A. Bryant, et ux as filed in O�cial Records 'of Real Praperty af Galveston County at C1er[c`s �iie Number 96-20770 Film Code Number 011-1f-D162; 9. 7�hence S 43° 27'00"W—251.39`ta a call and found S/8"iron rod for carner; lO.Thence N 46° 23'00"W—99.b6'to a cail and found 3j4"iron pipe for corner; 11.Thence 5 43° 2i' 06" W — 627.21' to the POINT OF BEGfNNiNG and cvntaining 9.8718 acres (430,017 square feet) of land more or fess. This metes and baunds description is a�companied by a separate plat� drawing or exhibit per Texas 8aard o�' Professianal Land Surveyor`s "General Rules of Procedures and Practices"Section 563.19(9}. CompiEed by, t F �\6tEq -� C.L. Davis&Company �,*� Fp'��, Jflb Number: 11-321-AD) M&B,doc � Q4/O i/Q3 C.��AVIS C 9 !q� ' �y �ss�� y� � BUfi`�� � � � ri-3u-nw M&e.do�