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HomeMy WebLinkAboutOrdinance No. 93-11 ORDINANCE N0. 93-11 AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR A 3 . 107 ACRE TRACT OF LAND LOCATED AT THE _ �00 BLOCK OF E. FM 528 , BEING A PART OF RESERVE H OF PARKWAY SUBDIVISION FRIENDSWOOD , TEXAS, GALVESTON COUNTY, TEXAS, FROM NEIGHBORHOOD CENTER (NC) TO MULTIPLE FAMILY RESIDENTIAL - GARDEN HOME DISTRICT (MFR-GHD) 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. t * # � � � � WHEREAS, record owner, THE LOWE FAMILY 1988 TRUST, represented by agent JANIS LOWE has requested rezoning for a certain tract of land known as 3 . 107 Aeres located at 400 Block of E. 528 out of Reserve H out of Parkway Subdivision, Friendswood , Galveston County, Texas , situated within the corporate limits of the City of Friendswood , Texas , said tract being more particularly described in Exhibit TMA" 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 No. 8�-15 , passed and approved the 19th day of November , 198� , same being the City of Friendswood Zoning Ordinanee ; and WHEREAS, Record Owner for said property, has made application to the City of Friendswood to ehange the zoning classification of said tract of lacid to MULTI-FAMILY RESIDENTIAL- GARDEN HOME DISTRICT (GH�) as authorized by the City' s Zoning Ordinance ; and WHEREAS, the Planning and Zoning Commission and the City Couneil 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 chan$e 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 correet. 1 , Seetion � The zoning classification of that certain property, known as 3 . 107 Acres located at 400 Bloek E. FM 528 , out of Reserve H, Parkway Subdivision, Friendswood , Galveston County, Texas as shown on Exhibit "A" attached hereto is hereby changed to MULTI-FAMILY RESIDENTIAL-GARDEN HOME DISTRICT (MFR- GHD) . �eetion 3.� The Zoning Distriet Map of the City of Friendswood shall be revised and amended to show the zoning classification of the above described property, known as 3. 107 Acres located at �00 Block E. FM 528, out of Reserve H, out of Parkway Subdivision, 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 deseription of the nature of the change . �eetion .� This ordinance shall in no manner amend , change , supplement, or revise any provision of any ordinance of the City of Friendswood , save and exeept the change in zoning classification of said property, 3 • �07 acres of land located at �00 block of E. FM 528 , out of Reserve H out of Parkway Subdivision, Friendswood , 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 . Each day of violation shall eonstitute a separate offense. �eetion � In the event any clause, phrase , provision, sentence , or part of this Ordinanee 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 affeet , 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 eaeh and every part thus declared to be invalid or uneonstitutional , whether there be one or more parts . * � * � � 2 PASSED and APPROVED on first reading this 17TH day of MAY, 1993 • PASSED, APPROVED , and ADOPTED on second and final readin� this 7TH day of JUNE , 1993 • � �t.� Mayor velyn B. Newman ATT . � � Deloris MeKenzie , C City Seeretary APPROVED AS TO FORM: John Olson City Attorney DA 11-12-90 93-11 3 . � ..�. � , . . � . _'� �- • � • � � � ADAMS SURVEYING CO. ' STEVE D.ADAMS 215 W. Sealy St. Registered Professione!Land Surveyor MAIL: P.O. BOX 114 PHONE: (713) 331-3523 ALVIN,TEXAS 77512-0114 � '_;�;`; FIELD NOTES 3 . 107 ACRES OF LAND OUT OF RESERVE "H" OF PARKWAY SUBDIVISION IN THE SARAH McKISSICK LEAGUE, ABSTRACT 151 , GALVE5TON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 18 , PAGE 69, GALVESTON COUNTY MAP RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 5/8 inch iron rod found at the South corner of Reserve "H" , said point being located North 44 deg . 56 min. 33 sec . East -- 1079. 77 feet from a 1/2" iron rod found in the Northeast line of Winding Way at the South corner of Parkway Subdivision; THENCE North 45 deg. 05 min. 27 sec. West , along the Northeast line of Reserve "A" and the Southwest line of Reserve "H" , at 415 . 27 feet pass a 5/8" iron rod found at the East corner of Lot G-4, Ra-Mar Row ( Vol . 18 Pg. 375 GCMR) , and continue for a total distance of 586. 26 feet to a 5/8 inch iron rod found at the North corner of Lot G-4 in the Southeast line of the new Right-of-Way of F.M. 528 , also known as Parkwood Drive; THENCE North 44 deg. 56 min. 07 sec . East , along the Southeast line of F.M. 528 , a distance of 230 . 86 feet to a 5/8 inch iron rod found in the Northeast line of Reserve ��H�� . , THENCE South 45 deg. 05 min. 02 sec . East , along the Northeast line of Reserve "H" , a distance of 586 . 30 feet to a 5/8 inch iron rod found at the East corner of Reserve "H" in the Northwest line of Friendswood Forest Subdivision as recorded in Volume 254-A, Page 79, in the Office of the County Clerk of Galveston County, Texas; THENCE South 44 deg. 56 min. 33 sec . West , along the Southeast line of Reserve "H" and the Northwest line of Friendswood Forest , a distance of 230 . 77 feet to the PLACE OF BEGINNING and containing 3 . 107 acres of land. Field Notes written from an actual survey made ��� on the "ound in the month of January, 1993 . . - '2'�' , ;,` ; � - ,� , �_-- `�' . E' �TEVE D. ADFiMS ';�,''1°���; ^;;!�`.'�� +��' ��. Registered Professional Land Surveyor No. 3666 e s •..��. S; J�;t�';' ��.� U�i �, .-:-.,.,.. .:1.z.,-�r,. �. ,. loweh