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HomeMy WebLinkAboutOrdinance No. 2006-05 (Title: An ordinance changing the zoning classification of a 1 acre tract located at 2302 Old Road,from Agricultural District(A-1) to Neighborhood Commercial District(NC).) ORDINANCE NO.2006-OS 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 1.0 ACRE TRACT OF LAND, MORE OR LESS, FROM AGRICULTURAL DISTRICT (A-1) TO NEIGHBORHOOD COMMERCIAL DISTRICT (NC), SUCH TRACT ALSO BEING A PORTION OF LOT 52 OF THE SLOAN SUBDIVISION, JOHN DICKINSON LEAGUE, CITY OF FRIENDSWOOD, GALVESTON, COUNTY, TEXAS; PROVIDING FOR THE AMENDMENT OF THE 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, Autumn Creek Development Ltd., is the owner ("Owner") of a certain 1.0 acre tract of land, more or less, which tract is presently zoned Agricultural District (A-1) 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 1.0 acre tract, same being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof, from Agricultural District (A-1) to Neighborhood Commercial District(NC); 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 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 ar unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 6tb day of Februarv 2006. PASSED,APPROVED, and ADOPTED on second and final reading this 20t� day of February 2006. � � �i � imball W. Brizendine Mayor ATTEST: ��F FR�ENO�, �O � V O � * eloris McKenzie, �► � City Secretary �qrF OF t��. o�Zoo6-os 3 SLONE SUBDIV`ISION EX�llblt ��A�� FEBRUARY 25, ?005 1.000 ACRE OUT OF 30B NO. 03302-T1 LOT ti2 DESCRIPTION O�A l.0�0 ACRE TRACT OF LA.'v�D S1TtJ,�TED IN THE JOIiN DICKINSON LEAGUE, ABSTRACT 9 CITY OF FRIENDSt�'OOD - GALV�STON COUNTY, TEXAS Bein�a 1.000 acre tract of land situated in the John Dicl�nson Lea�ue, Abstract Number 9, City of Friendswocxi, Galveston County, Texas and bein� a portion of Lc�t�2 af the Slone Subdivision, a subdivision plat ori;inalIy recorded in l�olume 254-A, PaQe 6 of the Galveston County Map Records and transfened to Volume 3, Page 61A of the Galveston County Map Records, said 1:000 acre tract also being described in a deed filed for record in Wolume 2371, Page 233 of the Galveston Counry Deed Records, said 1.000 acre tract of land bein� more particularly described by metes and bounds as follvws: COMMENCING at a 112-inch iron rod found for the northeast corner of LoE�4 �f said Slone Subdivision and being in the south line of I=riendswood Road (50-font���idth) as shown on the plat of said Slone Subdivision; THENCE N 66° 47' 00" W, a1on�the sauth line of said Friendswoad Road (54-foot width} and the north line af Lats 54, �3 and�2 of said Slone Subdivision, at a distance 453.00 feet passin� throuah a point_far the northeast comer of said L.ot 52 and northwest corner of said Lot 53 from which a 318-inch iron rod with a cap stamped "RPLS 1445" bears N 22° 56' 27" E, 2.$5 feet and continuing for a total distance of 483.00 feet to a 5/8-inch iron rod with a cap stamped "Brown&Gay" set for ihe POL'V'T OF BEGIIV'l��I:�G, same being the northeast carner of the herein described 1.000 acre tract and from which a found 5/8-inch iron rad bears N 16° 56' E, 2.40 feet; THEl�CE the folIowing five (�j courses and distances over and across said Lot 52: S 23°13'00" W, a distance of 208.00 feet to a 5!8-inch iron rod with a cap stamped "Brown& Gay" set for corner and from which a found 3/8-inch iron rod with a cap stamped "RPIS 1445" bears N 40° OT E, 2.80 feet and a found angle iron bears N 16° 40' E, I.98 feet; N 66°47'00" W, a distance of�0.(Ky feet to a 5/8-inch iron rod with a cap stamped "Brown& Gay" set for corner and from which a found 318-inch iron rod with a cap stamped "RPLS 1445" bears N 40° 59' E, 2.56 feet; S 23°I3'GO" W, a distance of 28.$S feet to a�/8-inch iron rod with a cap stamped "Brown& Gay" set for corner and from which a found 3/$-inch iron rod with a cap stamped "RPLS 1445" bears N 40° 54' E, 2.56 feet; N 66°47'00" W, at distance af 12�.(}0 feet pass through a�/$-inch iron rod with a cap stamped "Brown & Gay set for reference and continuin� for a total distance of 140.00 feet to a point in a lake; � R�Proiec;ts'':Ste':Stc01'�:?�'�cre admid�=1 QOO :1CBS.doc Yage i of 2 y .CtSL3tCV('i.1C 1 !_J� LUVJ . Page? of�? N 23°13'00" E, a distance of 236.8� feet to a�/$-'rnch iron rod��+ith a cap stamped "Brown& Gay" set in the south line of a 30-faoi wide road as shown on the plat of said Slone Subdivisian for the northwest corner of the herein described 1.000 acre tract and from which a found 3i4- inch iron pipe bears N 20° �1' E, 1.81 feet and a faund 3/S-inch iron rad with a cap stamged "RPLS 1445" bears N $2°35'OS" t�V, 14.22 feet, said 3f8-inch iron rod�lso being N 20° 0=�' E, 1.$4 feet fram the narthwest corner of said Lo152; TH6NCE S b6°47'00" E, alang the south line of said 30-faot road and the north line of said Lot 52, at a distance of 153.�3 feet pass throuoh a 5/8-inch iran rod f�und N 66° 47' 00" W, 0.40 feet from the projection of the west right-4f-way line said Friendswaad Road (50-faot width) and continuin� for a total distance of 190.00 feet to the POINT OF BEGLtiI\'I�\G and containin; 1.000 acre of land. Bearina orientation is based or� the Texas State Plane Caordinate System, South Cenual Zone ivrAD-83 and was derived by GPS (Global Pasitioning System} measurements. A survey tifled "Baundary Survey of 1.000 Acre of t,and out of Lat 52 of the Slone Subdivisian, Volume 254A, Pa�e 6, G.C.M.R. City of Friendswoad, G�Ivestan County, Texas" has been prepared in conjunction with this metes and bounds descripiian. _� V sO�s� I������'t��„�.RFO 9 .Q .� � LN AtAAJ t.�4cl.AlN �<;A,� 4511 ��.���. � � 9�L':°�ss�o;;�� AIan M. McLai RPI.S No. 4511 ��S iJ Fi`�� } Brown& Gay Engineers, Inc. � �/ 11490 V4testheimer Road, Suite 700 Houston, Texas 77077 TeIephone: (281 j �58-8700 iL•:Projcc;ts�Ste.SteUl';iAcrciad�nin':I 6U0 ��css.a�� PaDe2of2 — -.