Loading...
HomeMy WebLinkAboutOrdinance No. 2013-23 (Title: An ordinance approving a zoning classification change for property generally described as 2603 FM 528, a 2.672 acre tract out of Tract 2F, Abstract 793, August Whitlock Survey, Harris County, Friendswood, Texas from Single Family Residential Dwelling District (SFR) to a Planned Unit Development (PUD); to allow NAICS use 422112 Electric Power Transmission, Control, and Distribution, to accommodate the existing electric station; and to allow NAICS use #513 Broadcasting and Telecommunications, to accommodate the existing tower and permit the construction of an additional tower.) ORDINANCE NO.2013-23 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C, "ZONING", SECTION 3, "PROVISION FOR OFFICIAL ZONING MAP", BY CHANGING THE ZONING CLASSIFICATION FOR PROPERTY GENERALLY DESCRIBED AS 2603 FM 528, A 2.672 ACRE TRACT OUT OF TRACT 2F, ABSTRACT 793, AUGUST WHITLOCK SURVEY, HARRIS COUNTY, FRIENDSWOOD, TEXAS, FROM SINGLE FAMILY RESIDENTIAL DWELLING DISTRICT (SFR) TO A PLANNED UNIT DEVELOPMENT (PUD); TO ALLOW NAICS USE 922112 ELECTRIC POWER TRANSMISSION, CONTROL, AND DISTRIBUTION, TO ACCOMMODATE THE EXISTING ELECTRIC STATION; TO ALLOW NAICS USE 4513 BROADCASTING AND TELECOMMUNICATIONS, TO ACCOMMODATE THE EXISTING TOWER AND PERMIT THE CONSTRUCTION OF AN ADDITIONAL TOWER, PURSUANT TO THE ATTACHED SITE PLAN; PROVIDING FOR AN AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, Center Point Energy Houston Electric, L.L.C. is the owner of a parcel of land (the "Property") generally located at 2603 FM 528, Friendswood, Texas, a 2.672 acre tract out of Tract 2F,Abstract 793,August Whitlock Survey,Harris County, Friendswood, Texas; and WHEREAS, the Property is described and depicted in more detail by metes and bounds in the Special Warranty Deed (with internal referenced of "Exhibit A") included with the location map and related documents in Exhibit "A" attached hereto and incorporated by reference for all purposes; and WHEREAS, the owners have made application to the City to change the zoning classification of the Property from Single - Family Residential Dwelling District (SFR) to Planned Unit Development (PUD); to allow NAICS use #22112 Electric Power Transmission, Control, and Distribution, to accommodate the existing electric station; to allow NAICS use #513 Broadcasting and Telecommunications to accommodate the existing tower; and to permit the construction of an additional tower and approval of the submitted site plan to build a new 180' tower and a 10' x 12' equipment building, as depicted in Exhibit `B", attached hereto and incorporated by reference; 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 joint public hearing on such request; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, whereby the application received a majority vote recommending Approval of the application; and WHEREAS, 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 Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision for Official Zoning Map," is hereby amended, changing the zoning classification from Single Family Residential Dwelling District (SFR) to a Planned Unit Development (PUD) Ord 2013-23 2 of the property generally described as 2603 FM 528, a 2.672 acre tract out of Tract 217, Abstract 793, August Whitlock Survey, Harris County, Friendswood, Texas, a map and metes and bounds description of which are included, attached hereto and made a part hereof as Exhibit "A" (the "Property"); to allow NAICS use#22112 Electric Power Transmission, Control, and Distribution to accommodate the existing electric station; to allow NAICS use 4513 Broadcasting and Telecommunications to accommodate the existing tower; to permit the construction of an additional tower and approval of the submitted site plan to build a new 180' tower and a 10' x 12' equipment building, as depicted in Exhibit "B", attached hereto and incorporated by reference, but otherwise consistent and subject to the current City Code of Ordinances (Code), Section 3. The Official Zoning Map of the City of Friendswood shall be revised and amended to show the designation of the Property, 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. 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 Property as described above to Planned Unit Development (PUD). 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 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 willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, 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 3'd day of June,2013. Ord 2013-23 3 PASSED, APPROVED, AND ADOPTED on second and final reading this I" day of Ju1y,2013. Kevin M. Nolland Mayor ATTEST: (//n/ — of �Q J'/(/� • °ERIE '• Melinda Welsh, TRMC City Secretary e* FOFSE• ° Ord 2013-23 4 Exhibit"A" to Ordinance No. 2013-23 Location map,prior Deed and description of the Property located at 2603 FM 528, Friendswood, Texas: Ord 2013-23 5 i I 2603 FM 528 ®mmm®mmmmmm®®®®®® ®® mmmmmm®mmmmmmm®mmm m®®mmmmmmm mmm�mmmmmm®®®®®®m ®®®® 8 RD mmmm®mmmmm®mmmmm m®mmmm y�c I �A c I m o�z I A F r I n O / Q AUTUMN COVE CT j O / m, AUSUM(4 CREEK.DR air Qle O� c� eF APP �eF FrR oP� Legend Creeks 5 ,r®.lCity Limits Counties M Parks o. VA Schools Disclaimer This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent anon theyaound survey and represents only the approximate relative location ofpropady boundaries.Go¢C.§2501.102.The user is encouraged to independently verify all information contained in this product.The City of Fnendavood makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose.The user(1)accepts the product AS IS,WITH ALL FAULTS,(2)assumes all responsibility for the use thereof and 3 releases the City of Friendswood from any damage,loss,or liability arising from such use. City South Friendswood 910 South Friendswood Drive Friendswood GIS Mapping Friendswood, Texas 77546 (281)9963200 = - w .ci.Mendswood.tx.us 1 790 ' ,tS; ,.uristaL,wi DACa •l.�-u _ < A-111411 C773O0 ev A ra SPDCIAL WARRANTY DEED THE STATE: OF TEXAS 6 r._ 5 KNOW ALL.HEN SY THESE PREM,TS t s COUNTY OF HARRIS 5 - ) i . J THAT WEES1'ER RANCH CORPORATION, a Texas corpo-' ration (hereinafter called -'Greater"), for and in consid0r- ation Cf the sum of TEN AND N (6 0/100 DOLLARS 10.007 cash to ''C. . it in hand paid by HOOSTOH ON LIGHTING & POWER LPANY, a Texas corporation domiciled in Houston, Harris County, Texas (hereinafter called "Grantee"), and other good and valuable considerations, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, with the restrictions and upon the covenants and conditions below stated, unto the said Grantee, 2.672 acres of land in the August Whitlock Survey, Abstract .. No. 793, and being a part of the same property described and designatad as Tract "A-2", containing 27.074H acres of land in a deed dated December 19, 1961 from Ruth F. Gibbs, at vir, to Webster Ranch Corporation, and recorded in Volume 4509, Page 99, at seq., of tha Deed Records of Harris County, Texaa, Said 2.672 acre tract of land is further described by metes and bounds in Exhibit A, attached hereto and IRCOr- porated heroin by reference for 411 purposes, This conveyance is subject to all easements, rights-of-way, encumbrances, restrictions, mineral interests, mineral leases, and royalty interests of record in the .Official Public Records of Real Property of Harris County, Texas. The Grantee herein, its successors and assigns, acquire no minerals or mineral rights with this conveyance, said minerals and mineral rights being axcOPted and reserved to the Grantor, its successors or assigns, but it is expressly Ral i7m,mow understood and so stipulated that Grantor, its successors or , rl assigns, shall not be permitted to drill or operate for minerals on the surface of the land herein conveyed, but © : - will be permitted to extract oil and other minerals from and under said property by directional drilling and other means, eo long as Grantee's use of said property is not disturbed. The conveyance of property herein is subject to the covenants hereby made by Grantee, and the condition, that the property herein conveyed shall be used only for the pur- t peso of constructing, installing, operating and maintain- . ing an electric utility substation or other facilities which are incidental to the generation, transmission or dis- tribution Of elootric energy) such covenant and condition i to ba binding upon and to be observed by the Grantee herein, as wail as its Successors and assigns, and to run in favor of and be enforceable by Grantor as long as Grantor owns land contiguous to the Lxhibit A tract, whether such land is now owned or hereafter acquired, or by any person who shall hereafter own any land whi :h is contiguous to the tracts conveyed herein and which is owned as of the date of this conveyance by Granter. In the event that Grantee hereafter abandons its use of the property herein conveyed Grantee shall give Grantor written notice of such abandonment within a reasonable period. Then, in that event, Grantee, its nuccocsors or aasigna, hereby grant veto Grantor, its successors or assigns, the ex- clusive right and option to purchase the property heroin con- veyed for the same consideration Grantee has paid Grantor therefor, payable in cash; provided, however, that Grantor moat exercise such right sad option on or before the oxp xat on of sixty (60) days after written notice from Grantee of its abandonment, and thereafter, Grantor and Grantee 511,111 proceed -2- i 1 _ _ O j Ill illg to consummate such sale and purchase within-a reasonable period of time not to exceed ninety (go) days after the date of exer- cise of slash right and option by Grantor. said right and option shall he exercisable upon Written notice to Grantee C[pp by certified mail at Granhes's last known address. At closing, Grantor shall receive a special Warranty deed, sub- j jest to the matters speoified herein. In the event thin t n'M option is exercised, there shall he no additional consider- ation paid by Grantor for any structure or physical improve- .. ment abandoned on the tract of land above described, provided that Grantee, its successors or assigns, shall have the ` if right to remove said facilities prior to closing. Grantee shall not grant any easements or rights- .V of-way with respect to the land herein conveyed without the ' express written consent of Grantor, which consent shall not be unreasonably withheld. TO HAVE AND TO HOLD the above described premises, i together with all and singular the rights and appurtenances - thereto in anywise belonging, unto the said Houston Lighting a Power Company, its succooso:s or assigns, forever, and Webster Ranch Corporation, does hereby bind itself, its successors, or assigns to warrant and forever defend all and ' singular the said premises unto the said Houston bighting a Power Company, its successors and assigns, against every person Whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. 1, i f •3:m Yom' IA • I:C �'yc t�• , WMES5 our hands this 9th day of August, 1977. Co '4r PJxi,� WEASTER RANCB CORPORATION 1 W, g By res en •1'Y�i . is TEE. BTATB F ^^' COUNV 01,f, S 8MF0 ME, the undersigned authority, a Rotary -.•r public in and fox x uy`� on this day par- n4nally appeared yi 121✓J�A c (.': . .. President of Webster Ranch Corporation, known to me to be the person whose name is subscribed to the foregoing instrumant, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said corporation. - GIM under my hand and seal of office this 9yy day of , AU%ULLt , 1977. 7alli'b+rvp Notary Pu a in and or„FO f' g ,�Ir - w�a�. +•: N'�,,'^w:,«w Co ty, .I�r�f x.•��, � T•�Y. m'w,.e.•+�� My commission expires _';.n:Y :•eo� 8' -4- � I 8401 LOUISIANA, SUITE 110 ;HOUSTON, TEXAS 77002 r ' k Bw;xnxT n ' BEGINNING at a 3/4 inch iron pipe having so- 4{;f ordinates X = 3,222,990,1; Y = 634,387.9, found at the northwesterly corner of the afore- mentioned 27.8748-acre tract of land and the herein described tract of land said point of beginning also being in the south line of FN Rc%d No. 528, (based on a width of 100 feat) - and the common line of August Whitlock Survey, Abstrz7t No, 793, and Thomas Choate League, Abstract No• 12; _ r THENCR N 816 14' 21" F. along the north line of 'i Said 27.8748-acre tract of land and the south line of said PH Road No. 528, a distance of 356,80 feet to a point for corner, said point aide being located S 81° 14' 21" W a distance of 871.19 fact from the northeast corner of said 27.8748-acre -!i trust of land; THENCE 8 03° 00' 14" R a distance of 345.79 feet to a point for corner in the southeast corner of the herein described 2.672 acres of land; .x THENCE S 86° 59' 46" N a distance of 355,00 feet to a point for corner in the said common line of August Whitlock Survey, Abstract No. 793, and Thomas Choate League, Abstract No. 12, same being the southeast corner of the herein described 2.672 acres of land; THENCE N 03° 00' 14" W along the went line of said 27.8748-acre tract of land, also the east line of Austin-Northwest Development Company 289.747-acre tract of land described in an instrument recorded in the Official Public Records of Real Property, Harris County, Texas, bearing Film Code No. 141- 36-2543, and also the said common.line of August Whitlock Survey, Abstract No. 793, and Thomas Choate League, Abstract NO. 12, a diet'anCO Of 310.00 feet to the PLACE OF BEGINNING and contains 2.672 acres Of land. 3TATEWIU&TI7Lt gi 80.01 LOUISIANA, SLN 0, 0 1i �„ , HOUSTON,TF)WS 77�/y:� :,t N THOMAS CHOATE THOMAS TOBY SURVEY A-793 LEAGUE A-12 I FM 528 (VARIABLE) N 81'14 . lR. ,T Cop Ytvrzx eueso FRIENOSWOOD SUBSTATION PROPOSED 10' n 12' LNnferPalMPnFllY A.O.C. BUILDING f/k/a Northin9(Y) =13,75],6]8.2 £ HOUSTON OGHIING & Eosling(X)= 3,19L419.2 POWER COMPANY i Ground Elev.: 24.2' 16.8' --1 — F336213 21.8' F.C.ff, 178-01-1953 2.672 Ac. ce ce PROPOSED 18C N 86'59'11 E—354.01' COMMUNICATIONS TORER Northing(Y)= 13.757.658.3 7830' Eosling(X) - 3,191,425.3 Ground El,,: 24.2 rm.f-112-m CLEARHELD BMW. INC. AUTUdf CREEK 1 1171863, EC.j 060-97-1729 SEMON mo Residue of 122.2444 An. Tmat 2 F.C.$ 431085 M.R LEGEND = Potl. I.R, w/Plas. Cop e "TERRA SURVEYING" Unless Otherwise Noted. Oe' 0 O Oyu I E00 �~6o O wO�OO�Ah Gdd coordinates and bearings refer to fhe Texas tP Coordinate System of 1983, Bastin Central Zone, {p defined in the Texas Nalunel Resources Cade, Section 1O�b0'VR ..U'q b 21.071, et seq, and we based on the Houston WS Network. `2Y`�"F'0 aZO k �G,fi kU F All distances shown hereon re surface distances In U.S.distances b feat and may be i converted to grid O��Q6ry 6' distances by multiplying by fine scale factor 0.9998]0. Elevations are bused an an R18 survey where n# results yr a adjusted down 0.18' to f2.1 Mond' 010390, with a published elewlian of 20.16'. This pmperly lies within Zone X. the unshaded area as shown an FIRM Map number 48201C1070L, Panel 1070 of 1150, dated June 18, 2007. 0.A sT °5{r 50 0 50 100 150 eendrw Fula: T—caaMnntr tun o1 D. SCALE IN FEET tsar,s-s ano-a�'o" RW.I:JOB NO. BY: DATE: REV.2:JOS NO. W.. DATE: 4 69np da EASEMENT - APPUCATION LAST PLOT MM-04/03/13 CenterPoint Energy ® �. COUN HARRIS DRAWN W:J.D.N. Y tY:DATE: 04/03/13 MAP N0: 5947A SURVEYING &MAPPING P.O. Be. 1700 Houston, TX 77251-1700 SCALE: 1"= 100' JOD 10: 639496115 (713) 209-7T/7 FILE NO. - SOOK:2013 CHECKED Bib M.I.O. SKETCH N0: 13-0199 t:aa PkswlafFS39tw4swENMVr000 wannno:Awh9rWUY.ltlon3lN96st'dnyVmD]m:s av , Exhibit "B" to Ordinance No. 2013-23 1. Application 2. Site Plan 3. Exterior Elevation Plan Ord 2013-23 6 CITY OF FRIENDSWOOD LAND USE CHANGE APPLICATION($300.00) 70NING CHANGE REQUESTED DATE FILED: DATE PAID), ' l P��1ccz11` l FROM: 5r-� TO:, RECEIPT#: 6ag DATE OF PUBLIC HEARING: '13 PROPERTY IDENTIFICATION? Street/Road Address: 1(-V OS F w\ 9Z?) Lot: (A ,Block:r%���,Addit[on:, V�vcl ��� l 1 i,-t.1�c1L :Su to LEGAL DESCRIPTION: Describe from deed records,attach copy of deed,and use Metes and Bounds Desorlption; PLATTED LAND:,I fa UNPLATTED LAND(Must have certified metes and bounds description, including name,address and fofephon's number of surveyor} OWNER'S INFoRMATtoN NAME: rc EMAILADDRSSS: C)W i 'U•1•t{l 10 -r- rr-4 L 'e:O. PHONE NUMBER:��i?> z'm -5'-1 FAX#: 20 - q0`10 MAILINGADDRFSS, y YY-Y. 1-1150 CITY STATE zip J] 2= -1�0 AGENT'S INFORMATION `r\ NAME: Y-e i 71 n mer -a'- L A-or tie H-- \n. EMAILADDRESS. V4 � .r rt MeO\S C Gc"hV r 4_ .� c>- PHONE NUMBER:Cl 18 0] -6�o PAX#(119) 2 C>-7 (0 In MAELINGADDRESS 2-1 CITY STATE ::X '� __ ZIP K in authorizing an agent to represent the owner, the owner attests that hislhor agent may make.verbal or written representations and/or declarations on the owner's behalf and the owner understands and aoknowtedges that the City of Frlendswood shall rely upon tho agmnt's representations_In matters pertaining to the ebove described property, The designation of an agent in this matter in no way absolves the owner of any of the owner's responsibiliites outlined by the City of Friendswvod. PETITION: As owner/Agent,.I hereby petition the city for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Fr3endswood.' Signature (Own/e�r (Date) Slgnaturec ; Irr�.rzolz KiA% � Meals (Date) Age-ni & Attorney-in-Filet Friendswood Substation i -- FM 528 s — REST - - AL V- S 3 FM 528 _�— sca.E:1116^=r-6• P.EiTT101 & _ _ ���p5 AL —� R IDEN IAL aaziza OT / m. O Oo 18IFT N AN iMM cr Op �� OF •"�l Tf+'s�i Ge9wY AIIen An9at 51111 9'a 6 SCALE:1/I6'=1'-0• CBN xoVSYON T]xNNps RGY Site Plan ftIENOSWOON5U09TA ON SITE awN wvour wre io-» 2603 FM.628 ogis Webslrr,T%]]588 N y N ogm [111"])� A_ ¢ I V Z 0 m a m Ap � X m A p O 9 w fTl 0 [ll m A III o o Foy 0 111 1 I m&�A G V o C III 6 'yo C D o w Z Z y O -+ 36" o 7'-OYa [644'] 0 Yt°IB.YAttt°8A°8 Q C) IT1 _ ° IIIIIII "n o W O G A fT1 u, `. IIIIIII aN J zcmi W A - °o I- ! Z1 0 0 IF ftl I N o a D A NCl O W q U O O ,C N ®2 Z Z mNOV v, IIIIIII "< n vz m IIIIIII �n o IIIIIII \a A %`v'v+"+�`"•"�' 1111111 A O Z 0 (233/x ) a 17'-7" [91"]) (16") �. �f o� p 4 @x�O�m F.in£ �O„ Roso�xmRAAOAO� ���; �m Ago m Cel/lion o nom= mf P o' Nx �U A Division of Sabro Industries,Inc.NX a&m 5031 Hazel Jones Road m �yo Y Bossier Cit oois ano 71111 ym� m_ vice: 5� z -2900 fox: I 13 wtn m °