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HomeMy WebLinkAboutOrdinance No. 2017-30 (Title: An ordinance amending the zoning classification for a tract or parcel containing 3.202 acres located at FM 518 and Leisure Lane, also known as 1757 S. Fr1 wood Dr., out of Reserve E in the Howard Subdivision (to be recorded), Friendswood, Texas, by granting a zone classification change from Office Park District (OPD) to Community Shopping Center (CSC), as more fully described herein.) ORDINANCE NO. 2017-30 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — 66ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR A TRACT OR PARCEL CONTAINING 3.202 ACRES OF LAND, BEING OUT OF LOT 26, VOSS SUBDIVISION, GALVESTON COUNTY, TEXAS; AMENDING THE ZONE CLASSIFICATION FROM OFFICE PARK DISTRICT (OPD) 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, Leisure Lane LLC is the Owner of a 4.372 acre parcel of land, being out of Lot 26,, Voss Subdivision, Galveston County, Texas, as heretofore described pursuant to that deed filed for record under Clerk's File Number 9209236 of the Real Property Records of Galveston County, Texas, as also depicted in Exhibit "A" incorporated herein by reference, (the "Property'); and WHEREAS, the Owner previously made application to the City to change the zoning classification of a 3.202 acre portion of the Property from Office Park District (OPD) to Community Shopping Center(CSC) as shown in Exhibit"A"; and WHEREAS, the Planning and Zoning Commission and the City Council have 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 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 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 Office Park District (OPD) 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 amended to show the designation of the Property, as described and as provided in Section 2 Ord 2017-30 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 conditioned and described above. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, a 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 I S 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 11th day of September,2017. PASSED APPROVED and ADOPTED on second and final readin this 2�d da of October,2017. i f Kevin M. Ho land Mayor ATTEST: tip t ,•i••'li EP• ` q ,1 • +• ® • Melinda Welsh TRMC (P s� , City Secretary f Ord 2017-30 ®°�- Exhibit"A" 1. Application 2. Deed with Metes and Bounds Description 3. Howard Subdivision plat—to be recorded 4. Aerial Map 5. Location Map 6. Zoning Map t a Ord 2017-30 4 tr City of Friendswood i Development 910 S. Friendswood Drive Friendswood,TX 77546 Phone:281-998-3201 Fax:281-905-3260 ww.ci.friendswood.tx.us Zone Change Application b CURRENT ZONE OF PROPERTY: PE OF ZONE CHANGE(check one): Ef Land Use Change to Zone: tion 1 Specific Use Permit O � p p El Planned Unit Development Option 1 Specific Use Permit Option 2 [� Planned Unit Development Option 2 SUIT for Use{s} : PROPERTY IDENTIFICATION: Address: Platted Land—Plat Name: Row rvt Lot: Block: Unplatted Land=Attach a certified metes and bounds description OWNER NAME: Phone: Owner's Mailin g Address: q07? S City: State: Zip: Fax: Owner's Email Address: AGENT'S NAME : Phone: Agent's Mailing Address: City: State: Zip: Fax: Agent's Email Address. 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. Owner's Signature Date: Agent's Signature: Date: Application Number: -A r Received By: A,? Received Date: Date of Public Hearing: A _ Newspaper Notice: Property Owner Notices: g Property: Si non Pro art : Revised 10-28-15 Page 1 of 2 ■ s Applications ALL APPLICATIONS -PUD and SUP options 1 and 2,Land Use Changes Application Fee of$300 (Fee is waived for properties zoned DD or changing to DD zoning) Current Deed of Record r Most recent plat OR Certified Metes and Bounds Description (including name, address and telephone number of surveyor) PUD Option 1 PUD Option 2 This option allows all plans, including the This option will require the applicant to site plan,to be approved as a part`of the apply for site plan approval from the zone change request and is a one-time Planning and zoning Commission at a Cater submittal. See Zoning Ordinance Section date if the zone change to PUD is 7.J.for more specific plan requirements. approved. At the time of site plan approval all information contained in the conceptual 5 24"x 3 "sets of coil ted plans or surveyor. anplan shall be certified by an engineer a pl and/or or. including a cover sheet,overall site plan, y landscape plan, building elevations,and photometric plan 5-24 x36 sets of collated plans 2--24"x 3 "sets of collated plans including aicover sheet or letter describing including Engineered drainage, utility, the pro,ect,an overall site plan and grading and storm water plans(per the building elevations City of Friendswood Design Criteria Manual) See Zoning Ordinance Section 7.J.for 2-24 x 36"sets architectural plans more specific plan requirements. including mechanical,electrical and plumbing plans Specific Use Permit option 1 Specific Use Permit option 2 This option allows all plans, including the This option allows utility and drainage site plan,to be approved as a part of the plans be submitted with the building permit SLAP request and is a one-time submittal. application at later date if the SUP is See Zoning Ordinance Section 9.G.3.for approved. more specific plan requirements. 5-24 x 36"sets of collated plans 5-24 x 36"sets of collated plans including a cover page,site plan, including a cover sheet, site plan, landscape plan, photometric plan, building landscape plan, photometric plan, building elevations,tree survey and mitigation plan elevations,tree survey and mitigation plan 2-24 31 x 36"sets of collated plans including Engineered drainage, utility, grading and storm water plans(per the of Friendswooc Design Criteria See Zoning Ordinance Section 9.G.3.for City Manual) more specific plan requirements. 2-24 x 36"sets architectural plans including mechanical,electrical and plumbing plans Revised 10-28-15 Page 2 of 2 e o1 tlIE TION El RIi:AE NTY REED TS: IF YOU ARE A NATURAL PERSON, NOTICE tlF' CONFIDENTIALITY RIGHTS: . YOU MAy REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING I O ,,1' IA `ION FRAM ANY INSTRUN NT THAT TRANSFERS A INTEREST IN s REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRRMR"S LICENSE NUMBER. This is a Correction Deed, give n.and accepted in place of that certain General warranty D+ . dated May 12, 2017, executed from•Grantor to Grantee and recorded tinder Instrument No.2017029384 of the Official Public Records of Galveston County,Tees,to correct the description of the-roprerty conveyed thertin. T HE STATE OF TEXAS § ' KNOW ALL EN BY TliESF PRESENTS: COUNTY OF GALVESTON THAT, JACK, A. HOWARD, an individual residing m the Mate of Texas e4Granto?'),for Ten Dollars($1 0.00)end other good and valuable consideration,the receipt and sufficiency of which are acknowledged,has GRANTED,SOLD,and CONVEYED,and by these resents dues GRANT SELL and CONVEY, unto LEISURE LANE LL C, a Texas limited liability company with an address of 407 S. Friendswood Drive, Friendswood, Texas 77546 i 0 to wit, all of that certain tract of-real propel comprised of approximately 4.372 � acres situated in the Friendswood, Galveston County, Texas, being more particularly described on Eibibit ".A".. attached hereto and incorporated herein, together with all anprovements situated thereon,all fixtures and other property affixed thereto and all rigK title,and interest of � Cantor in and to(a)any strips and gores adjoining such real property, )adjacent streets,roads, alleys,and rights-of way,open or proposed,(o)all development rights,(d)air rights,(e)all water and water rights, water and sewer taps, sanitary or storm sewer capacity or reservatlons,rights under utility agreements with any applicable governmental or quasi-governmental entities or I agencies with respect to the providing of utility services to such real. property, (f) all oil, gas, hydro carbons and minerals in,on,under or that maybe produced from the Property,and(g)any easements, rights-of-way, or other rights appurtenant thereto or used in connection therewith, together with all trees, Timber; or other crops and plants, if any, located thereunder or thereon (Collectively,the"1r�opex- sl * Of the consideration hereabo a sum of O Million Five_ ve �c�.tcd, the One �l on �v Hundred , Thousand and 00/100 Dollars ($1,500,0€10.00)has been loaned to Grantee by Romotown Bank., National Association, of Galveston, Texas C%ender"),, at the special instance and request of Grantee, $1,329,363-27 of which represents partial payment of the purchase price for the Property, to evidence which Grantee has executed that certadn promissory note to the order of Lender (the "Note"'), payable as therein provided, and secured by a first vender's lien and superior tide herein retained and by deed of trust herewith executed.by Grantee to G. William Rider,Trust, This conveyance and the warranties of title contained herein are expressly m . A y ado subject to those certain encumbrances, easements, and other matters more particularly deso6bed on orated herein reference (the "Permiued Exhibit B attached hereto and incorporated �' _ br ces'' but only to the extent that such Permitted Encumbrances are validly� effect � . nc�r� are , }, y , and apply toa the Property. I To 14AVE AND TO HOLD the Property,'as aforesaid,unto grantee,and its successors and ass' ,forester;and Grantor sloes hereby bind himself and his successors,heirs,and assigns to ARRANT Al FOREVER DEFEND all and singular the PrWe , sub ject to the Permitted. Expeptions, unto Grantee, and its successors and assigns, against every person whonwever la%filly claiming or to claim the same,or any pa.rt thereof. , The vendor's lien and su erior title to the Property are retained for the benefit of Lender P and are transferred to Lender, but without recourse or warranty on `rrantox, The vendor's lien a g p amst and superior for title to the Property are stained until the Note is fully paid according to its . terms,at which time this decd shah become absolute. - Grantee assumes the payment of ad valorem taxes and assessments for the.current year and for subsequent years,but not subsequent assessments for that and prior yeas due to change in land usage by Grantor or a deniai of a special valuation-on the Property claimed.by Grantor, the payment of which Grantor assumes., [Remizinder o a Left Blank,-Signature Page Follows . t • f 1 'V' 'ASS MREOF,grantor has,execrated this�`reneral Warranty Teed effe0tive as of May 12,2017-1 G ELK... OR: ROBERT NOLAN ALLEN,in his c achy as we,r-cif-attorney for and on behalf of JACK A.. HOWARD _ F ACoW STATE OF TEXAS � COUNTY OF This.instrument was acknowledged before me on the y of June, 2017,by Robert Dolan.A-fl:e%in his capacity as power-ofiattorney for and on behalf of JACK.A,HOWARD. ON 1 `� ' ► WANDA SUE HENDER, ?A�I NOTARY PUBLIC-STATE OF TE . �• ort Notwy Public m and fct the State of Texas NOTARY 10 1811801 When reeord a return tea: Scott c g � f Andrews Myers,P.C. 1885 Saint James Place, 151 Floor f anston,Texas 77056 f . � I i 1 1 t 1 1 • 1 t ' • 1 Signature,'age to General Warranty I)ee•d / • f • t LE'GA L DESC .Inn-ON A tit of-land containing 4.372 acres, being out of a called 8.3604 acre tract as recorded jn ; Oaiveston County Clerk's File No.9209236 and being out of Lot 263,Voss Subdivision,recorded in • Vo urhe 254-A, Page 9, of the Map Records of Galveston County, Texas, and being more par6cularly described.by.metes and bouhds as follows; BEGU4MNG, at.a found five eighth,inch iron rod with cap.stamped 11"CO", m6iMng the most southerly corner of said called'8.3604 acne tract and in the northeasterly line of PM 518(140 foot 1 wide)and in the a o'rthwesterly lme of Leisure Lane(b0 foot wide), 1, THENCE, North 45 degrees 45 minutes 55 seconds.West, along the,southerly line of said called 8.3604 acre,tract,for a distance of 578.99 feet,to a found five eigh6s inch iron rood with cap stamped "CO" marldng the most westerly corner of said called,8,3604'awe tract and the most southerly line. of Reserve "X', fmal plat of Howard Subdivision recorded irk volume 2004A, Page 173, of the Map Records of Galveston County,Texas; 2. THENCE, North 41 degrees 35 minutes 09 seconds East, along the northwesterly o • Xme of said called 83604 acre tract and the southeasterly line of said Reserve "A", for a distance`of 3.17.32 feet, to a set fire eigh'ft inch iron rod with cap stamped 44CC1 3. THENCE,South 48 degrefs 03 minutes 42 seconds East,over and across said called 8.3604 acre tract for a distance of 579,73 feet,td a set five eighths inch iron rod With E cap stamped"Mr'being in the northwestprly line of said+Leisure Lane; 4. THENCE, South'41 degrees 49 minutes 48 seconds.West,along the northwesterly II line of said. Leisure `Lane, for a distance of 340.51 feet to the POINT- O BE-GINNING. Y t 1 ' 2 1 Exhibil«A„to General Warranty Deed . c EM BTAT"B" PERMITTED gh&UNSRANCES rne ri bt�of� ►as bated on subi e,bt property granted to 1 m An easement for purposes of a pip e g The Texas a sine Company, a corporation of TOW,,bey instrument recorded in Volume P 597,Wage 626 In the Office of the County Clerk of alvestori County,Teas. 2. d ro al interest in and to-all oil as and other minerals on,m,under or that may be A.1132n� � ty �� . . roduced. from. the subject property is excepted herefrorn as the see 1s set forth � p � insmment recorded in volume 357, Page 256 in the Office of the County Clerk Of Calve9ton County,Texas. undivided l/32nd of all the oil -and other minerals,the royalties,bonuses,rentals and all other rights in connection with sane are excepted herefrorn as the same are set forth � • P ; instr ent recorded in Volume 369, Page 198 in the-Office of the County Clerk of Galveston County,Texas. 4. Oil, gas and mineral leap. dated December�4, 1925, recorded in.�olr.u�e 38��1'a�e BOO? in the {office of the bounty Clerk of Galveston County, Texas in favor of GWf Production Coo an . P �' 5. All(except and undivided,l/32nd)of the oil, gas and other minerals,the royalties,bonuses, rentals and all other rights in connections with same all of which are expressly excepted herefrom and not Wured hereunder, as same are set forth in inst nent recorded in volume 923,Page 65 m the Office of the County Clerk of Galveston County,Texas. � 6. All of the oil, gas and other minerals, the royalties,bonuses, rentals and all other rights in connections with same all Of which are expressly excepted herefrorn and nett rnsured hereunder, as same are set forth in instn ment recorded under Coup Clerk's File No. � } _ County 8415657 in the Office of the County Clerk of Galveston County,Texas.- - - k 7. All terms, conditions, and provisions of that certain Development Agreement by and between Jack A,Howard and,Reading meal Estate,LLC,,a Texas limited liability company- recorded under County Clerk's File Net: 2014011576 of the Official Public Rccor& of Galveston County,Texan .4811-2817-5690,Y. i &hfbft"B"to General Warrivity►Deed , E FILED AND RECORDED Instrument Number: 2017037303 Recording Fee: 42,00 � Number of Pages: Filing and Recording Date: 06/2012017 2: 1PM 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. , _ M Dw" NOTICE:It is a crime to intentionally or knowingly file a fraudulent court record or Instrument with the clerk. 7 + NOT DESTROY - tlarrirt this dccurnerrt�i art of the Ofclal Public Record. 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OF w • V .`^ 1 �7 � t{' '-�� '\� j - •' „fir••, -� � ,�, 4 :A. 1�✓✓ ,, 0., -.� 1804 Legend NZ I City Limits 273 Counties 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 oar-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 Friendsilvood 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 an damage,loss,or liability arising from such use. ` City of Friendswood i 910 South Friendswood Drive Mapping Friendswood Texas 77546 ri o n s 1/`/�/4! o® (281)996-3200 WWW ci.friendswood.tx.us "=200 ' do e QQ '9 y Q01' � 1 Q-` O 00 4 oa' PQ- Q o� QQ�- QP F c� PJ s� 00 �o dos P 4,Q � y Subject Property: �J�- 1 1757 S. 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