HomeMy WebLinkAboutOrdinance No. 2021-01ORDINANCE NO.2021-01
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 LOCATED
AT 4321 FRIENDSWOOD LINK ROAD CONTAINING
3.2895 ACRES, ALSO KNOWN AS RESERVE A5, BLOCK 2
FOREST CREEK SUBDIVISION, OUT OF THE SARAH
MCKISSICK SURVEY, ABSTRACT NO. 549, HARRIS
COUNTY, TEXAS; AMENDING THE ZONE
CLASSIFICATION FROM MULTI -FAMILY
RESIDENTIAL -GARDEN HOME DISTRICT (MFR-GHD)
TO NEIGHBORHOOD COMMERCIAL (NC); 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, Peter Gorman, is the Owner of the tract located at 4321 Friendswood Link
Road, also known as a 3.2895 acre tract of land, also known as Reserve A5, Block 2 Forest Creek
Subdivision, out of the Sarah McKissick Survey, Abstract No. 549, Harris 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 the Property from Multi -Family Residential -Garden Home District (MFR-GHD)
to Neighborhood Commercial (NC); 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, public hearings 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 Multi -Family Residential -Garden Home District (MFR-GHD) to
Neighborhood Commercial (NC), 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 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.
Ord No 2020-01 2
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,
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 $2,000.00. Each day of violation
shall constitute a separate offense.
PASSED AND APPROVED on first reading this 1- day of January, 2021.
PASSED, APPROVED, and ADOPTED on second and final reading this V day of
February, 2021.
ATTEST:
Melinda Welsh, TRMC
City Secretary
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Ord No. 2021-01 3
Exhibit "All
I . Application
2. Deed
3. Metes & Bounds Description
4. Aerial Map
5. Location Map
6. Zoning Map
City of Friendswood - Community Development
910 S. Friendswood Drive
X Friendswood, Tx 77546
�.y Phone: 269-996,301 Fax: 281-996-3260
ww,ci.friendswood.tx.us
Zone charge Application
CURRENT ZONE OF PROPERTY: MFR-GHD
-PIPE- r- TONE CHANGE (check one):
Q Land Use Change to Zone: NC
El Planned Unit Development Option 1
El Planned Unit Development Option 2
P R, 0 P E R' -f I DENT1 FI CATION:
Address: 4 Z-2 FRIENDSW04D LINK RD
Platted hand - Plat Name: FORESTWOOD
❑ Specific Use Permit Option 1
❑ Specific Use Permit Option 2
SUP for Use(s) #:
594'.-1
Unplatted Land --• Attach a certified metes and bounds description
OWNr-P, NAME; PATER GORMAN
Owner's Mailing Address:
City: HOUTON
Owner's Email Address:
130 SURF CT
Lot: Block: 2
Phone.$
State: TX Zip: 77058 Fax:
AGENT'S NAME: ADIL ZAHIR / AMINMOHAMOAD
Agent's Mailing Address: 1123 SYDNEY LANE
City: FR(CNDSWOOD state: TX zip: 77546
Agent's Email Address: SKAROVALIA@GMAIL.COM
Phone:832-235-7442
Fax:
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 --ram st appro a y''�he City Council on the above identified zone change.
Owners Signature',� (.. �� - Date:
�.,:
a
Agent's Signature: Date: i.-z od-
Received By: (30",tu
Date of Public Hearing: W
Property Owner Notices:
Application Number: 0V t4l U
Received Date: -Tf:q "
Newspaper Notice:
Sign on Property:
Revised 11-01-18 Page I of 2
20070190736
03/30/2007 ER $24.00
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS:
IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR FT BIKE ANY OF THE
FOLL0WtN(1"ff' INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RE CORDS,. VOUR SOCIAL SECURITY NUMBIER
OR VOUR DRIVER'S LICV ENSE NUMBER.
Date; 41V. �r Ze -07
Grantor: Alta L. Nilsson
Grantor's Mailing Address: tv ) 7 U I,,, r>. 6 P7
A
Grantee. Peter Gorman
0-4
Grantee's Mailing Addrew, A.0-
Consideration; Cash and other good and valuable consideration.
Property (lincludinu any improvements)!
9;;7
7
A traet or parcel of land containing 3.2895 acres, or 143,290 square feet,
out of the Sarah McKissick Survey, Abstract No. 549, Harris County,
Texas, and being niore particularly described by metes and bounds on
EXHIBIT "A" attached hereto and fully incorporated herein for all
purposes.
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty:
Validly existing easernents-, rights -of -way, and prescriptive rights,
whether of record or not; all presently recorded and validly existing
instruments, other than cc nveyaticcs of the surface fee estate, that affect
the T'roperty; and taxes for 2007, which Grantee assumes and agrees to
pity, and subsequent assessments for that and prior years due to change in
land usage, ownership, or both, the payment of which Grantee assumes,
but not subsequent assessments for that and prior years due to chango in
[and usage, ownership, or botb, the payment of which Grantor assumes.
Cirantor, for the Consideration and subjcot to the Reservations from Conveyancc and the
Exceptions to Conveyance and Warranty, GRANTS, SELLS, and C(.)NVEYS to Grantee the 11roperty,
R=
07100034
E
4. EXIUBIT "A"
Being a tract of land in the Sarah McKissick Survey, Abstract No. 549, Harris
County, Texas and being all of the vacated subdivisilion plat of Forestwood, per
plat recorded under Film Code 350061 of the Harris County Map Records, and
being more particularly described by metes and bounds as follows with all
bearings based on said plat;
COMMENCING at the intersection of the northeast line of Oxnard Lane (60.06 feet
wide) per the plat Qf Forest Creek recorded in Volume 239, Page 50 Harris
County map Records, with the southeast line of Friendswood Link Road (100.00
feet wide), and the most westerly corner of Lot lof Block 2 of said Forest
Creek; said point being in a curve concave to the northwest;
THENCE northeasterly, 111--12 feet along the southeast right-of-way line of said
Friendswood Link Road and said c�irve concave to the northwest, having a radius
of 1,440.00 feet, a central angle of 049 25' 4511, and whose chord bears N 510
05, 071t Ej 111-29 feet, to the north corner of said Lot I and the POINT OF
BEGINNING and west corner of the herein described tract; a found 5/8 inch iron
rod bears S 6211 451 W, 0,9 feet;
C)
I THENCE continuing northeasterly, 176.B1 feet along the southeast right-of-way
CY) line of said Prieridswood Link Road Wland the are of said curve concave to the
CD northwest, having a radius of 1,440,00 feet, a central angle of 0711 02 109110
Wand whose chord bears N4.515 211 1011 Er 176,72 feet to a 5/8 inch iron rod found
marking the point oftangencyi
C)
C)
THIENCE continuing along the southeast right-of-way line of said Friendswood
rr Link Road, N 410 491 S711 E, 438-39 1 feetj to a 1/211 inch iron rod found
Ui marking the west comer of a tract of ,and sold to First City Bank Gulfsrate as
described in deed recorded under Harris County Clerk's File Number X771546, and
the north corner of said Forestwood and the herein described tracti
THENCE along the southwest line of said Gulfgate tract and the northeast line
of said ForestwoQd, 8 470 391 1411 Ej 234.76 feet to a point in the northwest
line of said Forest Creek, the South corner of said GulfSate tract, and the
eaot corner of said Forestwood and the herein described tract,
F
THENCE along a northwest line of said Forest Creek and the southeast line of
said Forestwood, S 420 201 4611 W, 614.05 feet to an "ell'( corner of said Forest
Creek and the south corner of said Forestwood and the herein described tract;
If
THENCE along a northeast line of said Forest Creek and the southwest line of
said Forestwood, N 470 391 1411 W, 240.10 feet to the POINT OF BEGINNING &nd
containing 3.2895 acres, or 143,290 square feet, of land.
IL
together with all and singular the rights and appurtenances thereto in any way belonging, to have and to
hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and
Grantoes heirs and suocessors to warrant and forever defend all and singular the Property to Grantee and
Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim
W
the same or any part thereof, except as to the Reservations frorn Conveyance and the Exceptions to
Conveyance and
Warranty -
hen the context requires, singular nouns and pronouns include the plural.
�A L. NILSSON 1 O R
CN
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C:) SPIWYE OF TEXAS
I
M COUNTY OF GALVESTON
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On the ZP4+044-. day of 200T, before me, the undersigned Notary Public,,
personally appeared Asta L. Nilsson,, known to me or satisfactorily proven to be the person Whose name
C) i
C) s subscribed to this instrument and acknowledged that he executed the same for the purpose, contained
therein.
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Public,State, OT I exas
JOSEN K
Mary phblk, a* 0 bo
MV Qftsston Exorn 10-I&M
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07100034 2
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20070190736
# Pages 4
03/30/2007 14:03*-20 PM
e-Filed & e-Recorded in the
Official Public Records of
RABBIS COUNTY
BEVERLY KAUFMAN
COUNTY CLERK
Fees 24.00
RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the official
Public Records of Real Property of Harris County, Texas.
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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 ansing from such use
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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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Disclaimer This product rs 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 boundanes Gov C §2501 102 The user is encouraged to Independently venfy 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, 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 of Friendswood
910 South Friendswood Drive - Friendswood, Texas 77546 riendswood
(281) 996-3200
T- 1 it 247 '
www c/ Friendswood ix us