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Home My WebLink AboutOrdinance No. 2005-20 (An ordinance changing the zoning classification of a 0.3788 acre tract of land located at 206 E. Shadowbend from Multi-Family Residential — Medium Density (MFR-1Vn to Multi- Family Residential—Low Density (MFR-L).) ORDINANCE NO.2005-20 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 ZO1vING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 0.3788 ACRE TRACT OF LAND LOCATED AT 206 E. SHADOWBEND FROM MULTI-FAMILY RESIDENTIAL — MEDIUM DENSITY (MFR-1Vn TO MULTI-FAMILY RESIDENTIAL — LOW DENSITY (MFR-L); PROVIDING FOR THE AMENDMENT OF T�IE CITY'S OFFICIAL ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. * * * * * WHEREAS, Michael W. Tragarz is the owner ("Owner") of a certain 0.3788 acre tract of land, more or less, which tract is located within the corporate limits of the City, and which is presently zoned Multi-Family Residential — Medium Density (MFR-M) 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 0.3'788 acre tract, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Multi-Family Residential — Medium Density(MFR-M)to Multi-Family Residential—Low Density(MFR-L); 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, as a result of the said public hearing and the recommendation from the Friendswood Planning and Zoning Commission, the City Council finds that such use is not detrimental to the community, and is in conformance with the zoning ordinance; and WHEREAS, the Planning and Zoning Commission has recommended approval of the application and the City Council deems it appropriate to grant such request; now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, 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 classification of that certain 0.3788 acre tract of land located at 206 E. Shadowbend, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, and being within the corporate limits of the City, is hereby changed from Multi-Family Residential — Medium Density (MFR-M) to Multi-Family Residential—Low Density(MFR-L). Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of said 0.3788 acre tract, as described 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. 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 0.3788 acre tract to Multi-Family Residential — Low Density (MFR-L) as described above. Ord.2005-20 2 Section 5. 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 $2,000.00. Each day of violation shall constitute a separate offense. Section 6. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED,APPROVED on first reading this llth day of July,2005. PASSED, APPROVED, and ADOPTED on second and final reading this the 25tb day of July,2005. CITY OF FRIENDSWOOD, TEXAS . � ` Kimball W. Brizendine Mayor ATTEST: C, ` ��t fR�tNpa . �O De oris McKenzie, RM V o City Secretary * * • A rt� ��+ Ord.2005-20 3 EXIHIBT "A" FIELD NOTES , OF A SURVEY OF A tract or parcel of l�nd containing approximately 0.378$acres(16,500 squar�fe�t)of land,more or less, being part of Lot Twelv� (12) in Block Two (2) of FRIENbSWQOD, a subdi�vision in Galveston County,Texas, according to the map or piat thereof,r�corded in V�lwrie 238,Page 14 in the Offiee of 1he County Cl�;rk of C,alveston County, Texas, also knov►m as'�'raet 5 of Collins- k'riendswood, an unrecorded subdivision in Galveston County, Texas, said 03788 acres of land being more particulazly described i�y metes and bounds as follows,to-wit: A 0.379 aere tract of Lot Twelve(12)in Biock Two(2), FRYENDSWOOD,J'.R. Willit�ns or Saza McKissick League,Galveston Count�y,Texas,according to the plai as recorded in'tiolume 238,page 14, Galveston County Clerk's Recozds; COMMENCING at the most Southerly corner ofsaid Lot Twelve(12),�lock Two(2)of the her�in described traet; THENCE North 45"00'00"East 204.00 feet along the Southeast line of said Lot Twelve(12)(also the Northwest right-of-wa�line of East Shadowbznd Avenue)to a'/z inch iron rod found marking the POINT Ol�BEGWNING of the herein described u�act; THENCE North 45° 00' 00" West 165.00 to a %z inch uon rod found for corner of the herein described tract; T�IEI�ICE Norih 45° DO'00" East 100.04 feet to a 3/4 inch iron rod found for corner of the herein described tract; THENC�.South 45° 00'00" East 165.00 fe�C to a%x inch iron rod found in the 1V'orthwest right-of way line of East Shadowbend Avenue; THENGE South 45" 00' 00" West 100.00 feet along the Northwest right-of-way line of East Shadowbend Av�nue to the PQ1NT OF BEGIl�NINCr a�zd containing 0379 acre of land. '�P'�'GigT� � `�,'A� ��`'�.t�` Tpg�,•p.,;�'��N �' C�U y : %�o�SSQ ��:41'aN a • 9ti0'c'FSS1,0,�;p=~' �� `��/1tV � 3-378-OS 1 , � EXHIBIT ��A�� ;� 14 - 94 - 065Ar June 06, 2000 3.1940 Acres in tlre Sarali McKissick League,Abstract No. ISI, Galvesto�: Cou�ity, Teras A FIELD NOTE DESCRIPTION of a 3.1940 acre(139,130 square feet) tract of land in the Sarah McKissick Lca�ue, Abstract No. t 51, Galveston County, Texas; said 3.1940 acre tract being Reserve"B", Park 518, according to the map or plat recorded in Volume t8, Page b8 of the Galveston Co�lnty Map Records, and being more particularly described by metes and bounas as follows with the bearings being based on the easterl_y right-of-way Iine of F.M. Road No. 518 (South Friendswood Drive, 140 feet ��ide), the bearing being North 07° 42' 16" West: BEGtNNING at a 5/s-inch iron rod found in the easterly right-of-way line of said I�.M. Road No. 5]8 lor the southerly corner of said Reserve "B", for the «�esterly corner of a tract of land conve}'ed to George K. Gillit�s, and wiFe Marjorie H. Gillies, as recorded in Volume 1169, Page 164 of the Galveston County Deed ' Kecords and for the soutl�erly corner of this tract; , 7'}{ENCE; North 07° 42' 16" West- 379.40 feet(called 379.45 feet) with the easterly right-of-way line of said r,M. Ruad No. 5 I 8 to a 5/a-inch iron rod found for the southerly corner of Reserve"A" of said I'ark 518 and it�r the �vesterly corner of this tract; TI ICNCE; North 45° 42'O1" East- 344.07 feet(called 343.99 feet) with the southeasterly line of said Reserve "A" and�vith the southeasterly line of a 0.9659 acre tract of land conveyed to Pricilfia G. Joncs as recorcied undcr Galveston County Clerk's File No. 8940863 to a 5/s-ineh iron rod with cap set in the soui}��esterly line of a l.040 acce tract of land conveyed to Earl L. Moeller, and�vife Susan L. Moeller, as recorded under Ga(veston County Clerk's Fite No. 9201667 for the easteriy corner of said Reserve "A"and for the northerly corner of this tract; Z'I-IENCE; South 44° 18'43" East(called South 44° i7'30" East), at a distance of 6.14 feet pass a 5/s- inch iron rad found for t}le southerly corner of said L0�0 acre tract and for the ��vesterly corner of a 1.0744 acre tract of land conveyed to Chuck L. Davis, and wife Deborah A. Herren,as recorded under Harris County Clerk's File No. 986365U, at a distance of 16220 feet pass a 5/a-inch iron rod found for the so«therly corner of said 1.0744 acrc tract and :or the rresterly corner of a traet of la7d conveyed to E.F. Hartman, Jr., anc] ;:obert Maurice Estiinbaum as recorded under Harris County Clerk's File No. 9022827 and continuing for a total distance of 304.I 3 feet(calIed 304.04 feet}to a '/Z-inch iron rod found for the easterly corner of this tract; THENCE; South�15° 39' 08" West- 570.32 feet(called South 45° 38'41" West - 570.16 feet) with the nocthwesterly line of said Gillies tract to the POINT OF BEGINNING and containing 3.1940 acres (139,130 square feet)of land. COMPILED BY: -�E,.�� TF "fexas Engineering And Mapping Company �Qw�'`s r�9F N Civil Engineers -Land Surveyors ••••••••�••�•�••••••••••••• James M. Tucker J.,M. TUCKER Stafford, 7'exas •••: 9••52Q2•••�;•••• Registered Prefessional Land Surveyor Job No. 356-6 .�-y`•,oF o��p ' State of Texas No. 5202 'IiO.,,FSS�. '�- SUR� �