HomeMy WebLinkAboutOrdinance No. 2016-43 i
(Title: An ordinance amending the zoning classification for a tract or parcel containing
7.5765 acres located at 2907 W. Parkwood Avenue, Friendswood, Texas, by granting a zone
classification change from Single-Family Residential (SFR) to Community Shopping I
Center (CSC), as more fully described herein.)
ORDINANCE NO. 2016-43 i
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C —
"ZONING," BY AMENDING THE ZONING CLASSIFICATION
FOR A TRACT OR PARCEL CONTAINING 7.5765 ACRES OF
LAND, MORE OR LESS, BEING A CALLED 8.58 ACRE TRACT
OF LAND LESS THOSE PORTIONS TAKEN FOR FM 528 RIGHT-
OF-WAY BY DEED RECORDED IN VOLUME 979, PAGE 3,
OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY,
TEXAS AND BY DEED FILED FOR RECORD UNDER CLERK'S
FILE 8927433 OF THE REAL PROPERTY RECORDS OF
GALVESTON COUNTY, TEXAS, BEING A PART OF THE B.S. &
F. SURVEY NUMBER 5,ABSTRACT 625, GALVESTON COUNTY,
TEXAS; AMENDING THE ZONE CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL (SFR) TO COMMUNITY
SHOPPING CENTER(CSC); PROVIDING FOR AMENDMENT OF
THE 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, Sallye M. Stapleton is the Owner of a 7.5765 acre parcel of land as
heretofore described pursuant to that deed filed for record under Clerk's File Number
2016052072 of the Real Property Records of Galveston County, Texas, as also depicted in
Exhibit"A" incorporated herein by reference, (the "Property'); and
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WHEREAS, the Owner previously made application to the City to change the zoning
classification of the Property from Single-Family Residential (SFR) to Community Shopping
Center(CSC); and
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WHEREAS, the Planning and Zoning Commission and the City Council have
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conducted, in the time and manner required by law and the City Code of Ordinances, a public
hearing on such request, allowing all persons attending to be heard on the question of whether
the changes of the uses being requested would affect the public health, safety, or general welfare
of the citizens of Friendswood; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the application, subject to any certain conditions
made the subject of said recommendation; and
WHEREAS, the City Council deems it appropriate to grant such request, subject to
applicable regulations, restrictions, exceptions and conditions; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFT E CITY OF
FRIEN SWOOD, 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 and incorporated by reference, including the representations
of Applicant, (as referenced in its Zone Change Application), the final report from the Planning
& Zoning Commission, and the minutes of City Council, which City Council is specifically
relying upon in adopting this Ordinance, as provided hereafter.
Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3,
"Provision for Official Zoning Map," is hereby amended, rezoning the Property identified in the
attached Exhibit "A", from Single-Family Residential (SFR) to Community Shopping Center
(CSC), but otherwise consistent and subject to the current Zoning Code, and related conditions
contained therein.
Section 3. The Zoning District Map of the City of Friendswood shall be revised and
Ord 2016-43 2
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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
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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 conditioned and described above. E
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 5th day of December,2016.
PASSED, APPROVED, and ADOPTED on second and final reading this 9th day of j
January,2017.
Kevin M. olNnd
Mayor
ATTEST: °o••� w���
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Melinda Welsh, TRMC a
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City Secretary
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Ord 2016-43 ®•®® Q FT
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Exhibit"A"
1. Application
2. Deed
3. Survey and Metes and Bounds Description
4. Aerial Map
5. Location Map
6. Zoning Map
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Ord 2016-43 4
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City of Friendswood — Community Development
910 S. Friendswood Drive
Friendswood,TX 77546
Phone:281-996-3201 Fax:281-996-3260
ww.cl,friendswood.tx.us
Zone Change Application
CURRENT ZONE OF PROPERTY: 15 FA
TYPE OF ZONE CHANGE(check one):
Land Use Change to Zone: ❑ Specific Use Permit Option 1
❑ Planned Unit Development Option 1 ❑ Specific Use Permit Option 2
❑ Planned Unit Development Option 2 SUP for Use(s)#:
PROPERTY IDENTIFICATION: rw, -rx -4-1:54tl
Address: -0 QO-1 k 1A W- d 11
Platted Land—Plat Name::V0Ck!;dr1 Ab2rV C-4-Of 253 Lot: Block:
Unplatted Land-Attach a certified metes and bounds description A651A &25 12A6
SUR Tr -4
OWNER NAME: SCA U-Q Phone:,�jo
# .1
Owner's ailing Address: 51 9W i 1 0i rr k
City: Rfe fj State: Zip: Fax:90 LEO
Owner's Email Address:
WA
AGENT'S NAME : 4� �PIIA, e Phone:
Agent's Mailing Address: Nhl'k—V .4\1 &jvc A2Y2
City: LV-0CjW ,&j14 State: zip: Fax: d3
Agent's Email Address: / wyo\j ell W&L. cwl
In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written
representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the
City of Friendswood shall rely upon the agent's representations In matters pertaining to the above described
property. The designation of an agent in this matter in no way absolves the owner of any of the owner's
responsibilities outlined by the City of Friendswood. The owner must be the legal owner of record of the property at
the time of submittal of the application.
The undersigned hereby request approval by the City Council on the above identified zone change.
M . I j
Owner's Signatureo�—� in Vpte: 1,�
PZAgent's Signature: t�,-k Date: h(i
Application Number:
Received By:_ `IA 'YV/ Received Date;
Date of Public Hearing: 11-1 Newspaper Notice:
Property Owner Notices: 14 3 1 Sign on Property:
Revised 10-28-16 Page 1 of 2
0RD GD
.NOTICE OF CONFIDENTIALITY .RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY' REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIV'ER'S LICENSE NUMBER..
SPECIAL WARRANTY DEED
(Cash)
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT THE UNDERSIGNED, AHT X 6 LLC, a Texas limited liability company, hereinafter
referred to as "Grantor," whether one or more, for and in consideration of the sum of TEN
DOLLARS ($10.00) cash., and other good-anal valuable consideration in hand paid by the
Grantee, herein named, the receipt and si ffficlency of which is hereby (ally acknowledged and
confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby
GRANT, SELL, and CONVEY unto SALLXE M, STAPLETON, herein referred to as
"Grantee,"whether one or more,the real property described on attached Exhibit"A."
This conveyance, however, is made and accepted subject to any and all validly existing
encumbrances,conditions, and restrictions,relating to the hereinabove described property as now
reflected by the records of the County Clerk of Galveston C`•ormty,Texas,
TO HAVE AND TO HOLD the above described premises, together with all the rights and
appurtenances lawfully accompanying it, by the Grantee, Grantee's heirs, executors,
administrators, successors, and/or assigns forever; and Grantor does hereby bind Grantor,
Grantor's heirs, executors, administrators, successors, and/or assigns to WARRANT AND
FOREVER. DEFEND all the said premises unto the said Grantee, Grantee's heirs, executors,
administrators, successors, and/or assigns, against every person whomsoever claiming or to
claim the same or any part thereof,by,-through or wader Grantor,but not otherwise.
Grantee, by acceptance of this Special Warranty Deed acknowledges that the conveyance of
the herein above described property is made "AS-IS", "WHERE-IS" AND "WITH ALL
FAULTS", and Grantor disclaims all express, statutory or implied warkanties (except the
warranty of title provided herein) with respect to the herein above described property. Grantee
aclmowledges and agrees that Grantee is relying solely on Grantee's examination of the herein
above described property, and Grantee if not relying on any information provided by Grantor.
Current ad valorem taxes on said property having been prorated, the payment -thereof is
assumed by Grantee.
EXECUTED this day of Sr'� .,2016,
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AHTX 6 LLC, a Texas limited liability company
By: API Stewart Holdings LLC,
a California limited liability company,
its sole member
By: Asset Preservation, Inc,,
a California corporation,
its sole member
By ane Mervine
T' e: Vice President:
Grantee's Address.
512 Williamsburg� ircle
Friendswood,Texas 77546
THE STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was aotmowledged before me on the day of
,2016,by __ _of AIHTX 6 LLC, a
Texas limited liability company.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to width this certificate is
attached, and not the truthfulness, accuraGy, or
validity of that document.
State of California Placer
County of )
On August 23, 2016 before me, Sarah Khoury, Notary Public
(insert name and title of,the officer)
personally appeared bane Meryino
who proved to me on the basis of satisfactory evidence to be the per n_�}whose name 1s
subscribed to the within instrument and acknowledged to me that /she executed he same in
er hvir'authorized capacity{ s};and that by er �signature on the instrument the
person), or the entity upon behalf of which the person) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
r SARAH KHOURY, �
.K
WITNESS my hand and official sea(. -� COMM,#2149034
NOTARY PUBLIC•CAMORNiA 0
PLACIER COUNTYO
`'COMM.EXPIRES MAY 2020
Signature ����., (Seal)
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EXFIIBIT "A"
7.5765 acres of land,more or less,being a called 8.58 acre tract of laud less those portions
taken for F.M.528 right-of-way by deed recorded in Volume 979,Page 3,Office of the
County Clerk of Galveston County,Texas and by deed filed for record under Clerk's File
8927433 of the Real Property Records of Galveston County,Texas,being a part of the B.S.
&F. Survey Number 5,Abstract 625, Galveston County, Texas,said 7.5765 acres being
more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found North 10 deg 00 min 00 sec East, a distance of
943.33 feet from the Southeast corner of a called 28.18 acre tract of land described by deed
of trust recorded in Volume 1044,Page 558,Deed.records of Galveston County,Texas,
said iron rod being the Southeast corner of above said 8.58 acre tract;
THENCE North 86 deg 45 min 00 sec West,along the North line of a called 6.490,acre
tract of land as recorded under Film Code.Dumber 011-25-1364, Galveston County, Texas,
a distance of 609.82 feet to a 1/2 inch iron rod found on the Southeasterly aright-of way luxe
of above said F.M. 528 for corner;
THENCE North 32 deg 44 min 00 sec East,along said right-of-way line,a distance of
692.36 feet to a 1/2 inch iron rod found for point of curvature;
THENCE continuing along said right-of-way litre,being a curve to the left having a radius
of 5819.58 feet, an arc length-of 178.64 feet(called 184.48 feet)to a Highway Monumnent
Disk found on the South right-of-way line of Lundy Lane(50.00 feet wide) for corner;
k
THENCE South 80 deg 00 min 00 sec East, along said South right-of-way line,a distance of
271.54 feet to a 1/2 inch iron:rod set for the Northwest of a called 39.800 acre tract to 0.T.
R.H. Corp, sane being the Northwest corner of Lot 9 of Van Pelt Subdivision
(unrecorded),
THENCE South 10 deg 00 min 00 sec West,along the West line of said 39.800 acre tract,a
distance of 732.69 feet to the POINT OF BEGINNING and containing 7.5765 acres of land,
more or less.
TEE COMPANY DOES NOT REPRESENT OR INSURE THAT THE ACREAGE OR SQUARE)FOOTAGE
CALCULATIONS IN SCHEDULE"A"DESCRIPTION(S)18/OR CORRECT.
Bscrow File No,: 07-16258TSP
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FILED AND RECORDED
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Instrument Number: 201605, 072
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Recording Fee: 38.00
Number Of Pages: 5
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Filing and Recording Date: 08/25/2016 2:32PM
I hereby certify that this instrument was FILED on the date and time stamped hereon and
RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
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NOTICE: It is a crime to Intentionally or knowingly file a fraudulent court record or instrument with the
clerk,
D NOT D ESTROY - Warning this document is part of the Official Public Record.
FIELD NOTES 015-24- 1196
Of Survey Of
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7.5765 acres of land, more or lugs, being, a call 8.58 acre tract of lanA less those-
portions talon for F, M. 528 right-of-way by deed*recorded in Volwne 979, Page 3,
Office of the County Clerk of Cralveston. County; Texas and by decd filed for record
under Clerk's Fite 8927433 of the Real Property Repxds of Galveston County, Texas,
being a part of the B. S. &F. Survey Number 5,rAbstmet 625>Uveston County,,Texas;.
said 7.5765 acres being more particularly described bry metes and.bounds as follows*
REGINNING.at a..%.it ch hron rod found North•10 d d0 tnih 00 sec•Past, a-distance of
943.33 feet from the Southeast comer of a called 28,18 acm tract of land described by
dead of trust recorded in Volume 1044, Page 558, Deed Records of Galveston County,
Texas,said iron rod being the Southeast corner of above said 8.58 acre tract;
WHENCE North 86 deg 45 min 00 sec West,along the North line of a called 6,49+0 acre
tract of land as recorded under Film Code Number 011,.25-1354, Galveston County,
Texas, a distance of 609.82 feet to a% inch iron rod found on the Southeasterly right-of-
way like of above said F.M.528 for corner;
THENCE North 32 deg 44 rrnin 00 see East, along said right-of-way line, a distance of
692,36 feet to a r4 inch iron rod found for point of curvature;
THENCE continuing along said right-of-way line, being a curve- to the left having a
radius of 5819.58 feet an arc length of 17 8-.64 feet (called- 1$4.48 feet) to a Highway
Mount a ent Disk found on the South right-of-way fine of Lundy sane (50.00 feet wide)
for corner;
THENCE South-80 deg 00 min 00 see East,along said South right-of-way line,a disWce
-- —
of 271-54 feet-tip i I/ #aich iron rod set for the Northwest of a called 39,$QQ,acre T. R. H. Corp, same being the Northwest .comer -of+at 9 of Van T61t '§�bdivision
. ..._�t�t�xccorded�• -
THENCE South 10 deg 40 min 00 sec West,along the West line of said 39.800 acre tract,
a distance of 732-69 feet.to the POINT OF BEG1NNTNG and containing 7.5765 acres of
land}more or less.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS .OF REAL PROPERTY
2001 JAN 11 35 AN 2001002467
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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 an on-the-ground survey and represents
only the approximate relative location of property boundaries.Gov.C.§2501.102.The user is encouraged to independently verify all information contained in this product.The City of Friendswood 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,WITHALL 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 of Friendswood
9 South Friendswood Drive
Fr Friendswood G Mapping
Friendswood,Texas 77546
(281)996-3200
www.ci,friendswood.tx.us 1 "=275
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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.
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910 South Friendswood Drive Friendswood GIS M Friendswood,Texas 77546(281)996-3200
www.6friendswood.tx.us 1 "=276 `
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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 an on-the-ground survey and represents
only the approximate relative location of property boundaries.Gov.C.§2501.102.The user is encouraged to independently verify all information contained in this product.The City of Friendswood 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,WITHALL 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 of Friendswood
9 South Friendswood Drive
Fr Friendswood GIS M Friendswood,Texas 77546
k (281)996-3200
www.ci.friendswood.tx.us 1 "=275