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Home My WebLink AboutOrdinance No. 2021-25ORDINANCE NO. 2021-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR 1.00 ACRE LOCATED AT 2601 W. PARKWOOD AVE., BEING A PART OF THE MARY SLOAN SURVEY, ABSTRACT 184, GALVESTON COUNTY, TEXAS, AND ALSO BEING A PART OF THAT CERTAIN 357.03 ACRE TRACT CONVEYED BY WILLIAM F. MCCORD, TRUSTEE, ET AL TO ROBERT E. HOLCOMB, TRUSTEE, BY DEED DATED DECEMBER 23, 1965, RECORDED IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS, FILE NO. 1788; 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, the City of Friendswood, represented by Steven Rhea, is the Owner of the tract located at 2601 West Parkwood Avenue being a part of the Mary Sloan Survey, Abstract 184, Galveston County, Texas, and also being a part of that certain 357.03 acre tract conveyed by William F. McCord, Trustee, et al to Robert E. Holcomb, Trustee, by deed dated December 23, 1965, recorded in the office of the County Clerk of Galveston County, Texas, File No.1788, 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 Single Family Residential (SFR) to Community Shopping Center (CSC); 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; and NOW, THEREFORE BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, 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 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. 202 ] -25 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 13th day of SEPTEMBER, 2021. ATTEST: qt&'a-� &457� LE CIA BRYSCH, City Sec etary APPROVED AS TO FORM: mow, MARY OY FI ER, City Attorney 4� FRIENps''',, O �,.. C' 1. �TgrF of Ord. No. 2021-25 3 PASSED, APPROVED AND ADOPTED on second and final reading this 4th day of OCTOBER, 2021. FRIENDS APPROVED AS TO FORM: co sT'�TE of � MARY IaY FIS ER, City Attorney Ord. No. 2021-25 EXHIBIT "A" City of Friendswood — Community Development 910 S. Friendswood Drive Friendswood, TX 77546 Phone:281-996-3201 Fax: 281-996-3260 ww, ci.fdendswood.tx. us Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE (check one): Land Use Change to Zone: CSC ❑ Planned Unit Development Option 1 ❑ Planned Unit Development Option 2 ❑ Specific Use Permit Option 1 ❑ Specific Use Permit Option 2 SUP for Use(s) #: PROPERTY IDENTIFICATION: Address: 260� W. Parkwood Drive Friendswood, TX 77P6 —7 Platted Land — Plat Name: n/a Lot: Block: Unplatted Land — Attach a certified metes and bounds description OWNER NAME: City of Friendswood I SWbAMQ- Phone: 281 993-5M 32o3 Owner's Mailing Address: 910 S. Friendswood Dr. Ci4 L'Ianiwfr City: Friendswood State: TX Zip: 7754V Fax: Owner's Email Address: hmedwedeff@fdendswood.com SN AGENT'S NAME: Luis Perez/PGAL Phone: 713 6221444 Agent's Mailing Address: 3131 Briarpark Drive City: Houston State: TX zip: 77042 Fax: NA Agent's Email Address: Iperez@pgal.com 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 ouncil the dentified zone change. Owners Signature Date: 7/19/2021 Agent's Signature: Date: 07/19/2021 All, -' /1 Application Number: VUHN t! Received By: a�) i Received Date: Date of Public Hearing: " I Newspaper Notice: Property Owner Notices: ' Sign on Property: Revised 11-01-18 Page 1 of 2 Submittal Requirements for Zone Change Applications ALL APPLICATIONS - PUD and SUP Options 1 and 2, Land Use Changes ❑ Application Fee of $300 (PUD $500) (Changes in/to Downtown District may be eligible for fee waiver) ❑ Current Deed of Record ❑ Most recent plat OR Certified Metes and Bounds Description (including name, address and telephone number of surveyor) PUD Option 1 This option allows all plans, including the site plan, to be approved as a part of the zone change request and is a one-time submittal. See Zoning Ordinance Section 7.J. for more specific plan requirements. 5 — 24" x 36" sets of collated plans including a cover sheet, overall site plan, landscape plan, building elevations, and photometric plan 2 — 24" x 36" sets of collated plans including Engineered drainage, utility, grading and storm water plans (per the City of Friendswood Design Criteria Manual) 2 — 24" x 36" sets architectural plans including mechanical, electrical and plumbing plans Specific Use Permit Option 1 This option allows all plans, including the site plan, to be approved as a part of the SUP request and is a one-time submittal. See Zoning Ordinance Section 9.G.3. for more specific plan requirements. 5 — 24" x 36" sets of collated plans including a cover page, site plan, landscape plan, photometric plan, building elevations, tree survey and mitigation plan 2 — 24" x 36" sets of collated plans including Engineered drainage, utility, grading and storm water plans (per the City of Friendswood Design Criteria Manual) 2 — 24" x 36" sets architectural plans including mechanical, electrical and plumbing plans PUD Option 2 This option will require the applicant to apply for site plan approval from the Planning and Zoning Commission at a later date if the zone change to PUD is approved. At the time of site plan approval all information contained in the conceptual plan shall be certified by an engineer and/or surveyor. 5 — 24" x 36" sets of collated plans including a cover sheet or letter describing the project, an overall site plan and building elevations See Zoning Ordinance Section 7.J. for more specific plan requirements. Specific Use Permit Option 2 This option allows utility and drainage plans be submitted with the building permit application at a later date if the SUP is approved. 5 — 24" x 36" sets of collated plans including a cover sheet, site plan, landscape plan, photometric plan, building elevations, tree survey and mitigation plan See Zoning Ordinance Section 9.G.3. for more specific plan requirements. Revised 10-28-15 Page 2 of 2 0 E E 0 3235 f, u 486 WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § That we, RALPH L. LOWE and wife, MARJORIE M. LOWE, of the County of Galveston, State of Texas, for and in consideration of the love and affection which we have and bear for the CITY OF FRIENDSWOOD, HAVE GIVEN, GRANTED, AND CONVEYED, and by these presents DO HEREBY GIVE, GRANT, AND CONVEY unto the CITY OF FRIENDSWOOD, of the Counties of Galveston and Barris, State of Texas, all of that certain tract of land, containing one (1) acre, more or less, in Galveston County, Texas, and being more particularly described on Exhibit "A" attached hereto and for all purposes made a part hereof. TO HAVE AND TO HOLD the Property, together with all and Singular the rights and appurtenances thereto in any wise be- longing and any right, title, and interest of Grantors in and to adjacent streets, alleys, and rights -of -way unto the said CITY OF FRIENDSWOOD, its successors and assigns forever and Grantors do hereby bind themselves and their heirs, personal representatives, successors, and assigns, to warrant and for- ever defend all and singular the Property unto Grantee and its successors, and assigns, against every person whomsoever law- fully claiming or to claim the same, or any part thereof. Executed this Q?Ld day of In r [J 19.Zf. RALPH L. L014E �I MARJ RI M. LOWE 1 1' E E U THE STATE OF TEXAS anon 3235 PACE 48 § 4 COUNTY OF GALVESTON § Before me, the undersigned authority, on this day person- ally appeared RALPH L. LOWE and wife, MARJORIE M. LOWE, known to me to be the persons whose names were subscribed to the foregoing instrument, and acknowledged to me that they executed I the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the __Y� day of tj , 19 y9 . 0 0 Notary Public In and —�T Galveston County, Tees . -2- c A/`7s 9- ,!�- ,.. Gfi "-/ t t" o y AC . 11= lei! . XJ SURVEY PLAT SHOW(1k• HOUtvARIFS OF 1.00 ACRE OF LAVD, I11:111C A PAXI' OF '1H:: ;"Y SIDAN SURVEY, AhSTK/Cr )r,4. L;ALYLSTOi• COU EY, TEXAS, AND AIZU i P:t x% A PART OF i'HAT I:EKl A1N J6).UJ ACRE TRACE W14VL1TD ,ti llli.l.LAN F. 110:0KD, lRIZIrE, ET AL, TO ROBERT iiOWOt*.1:, VIIUSTFF. Y 11`11D DATED Vvrfa' cq + 1965. RECORDED 311 THE OFFICE OF 1n18 COUiiY CLERK OF 0ALVLS3911 COU:1'rY, 'TEXAS, MIDER FILE i,D. 1788, AND BUNG HOAR PARTICULARLY DESCRIBED f6 POL!;'t:- tREOUlW % •r ,n irun rod r,arkin8 the southeast corner of the 'ierein described tract, said irun rud being located North 81 deg. 37 min. 2^ are. LEI Nest - 3141,OH fraL five 01e .uULhe avL cornnr of tPP afore:a•rttio:icd 30.D•i ncre tract; 11I1imF tforl I. :± d. A. y7 -,in. 10 sat. Nast - 366.6 !'cat Lo .i poi-11 tt•r covior on Chu viiarerly right of way line of Fami to rinrket Road Ni. i.'I 1TlGACL 17ii,: tiai.l t Ig1 t of 44y luny with a curv, to U.0 10.11 , tavint, a Cent.r.-O Angle ni 04 ,Ie;,_ 37 min. 21 sec., ■ iiidius of 1487.4 feet, s distmsrerZ t,'rl,n Lest to n ,Oitlt.&C eUrner azrl 1wing the norr:rjesr corner u1 the hareiu described tract; THE1h2 S&iut 91 de,,.. 37 :aln. 2041bc. test - 359.31 feet to w+ ir:,n rod and being the ncrtheitat corner of the hert•ir, described tract; .o TURkR South 05 deµ. 21 oin.�404aa. Nest - 119.11 feet to t%tu I'LACI7 OF cod containin:; ].UD acre of laud, �a 1, D. it. ADAIS, Registared .'ti',tic Survecnr I.: , SBU, do aerebv curtifv Ual rile al+nve survey vas ade on the 4ruvrd durthj;buven+'.er. 1974,nnder qv supt.rvision, and this plat is true and correct to the bast r,f m9 `•�. ` .'� knowledge aDtl.". Liei, �• D HL�AbAMs •' A r� D/kibns, f(rgletarod blic'8++tltaypr .,ruat+ar 580 �% a� � ��, e, � •ill 1. y f E U 80013235 lut 489 slut OF ills damn OF W&M" ^MA amn �■ nv ,M ,I .pp Aw � a► E�!r Ad I. """ pwta 0� y A..n a/rpOw� m ur .plume I'd pin of IN nmp/ wa o C., te.y n 2° c d ft-0 A a ol� APR !0 Lqq COUM KSEOe F� r CRY OF FRIENDSWOOD ATM: BOBBIE C. HENRY CITY SECRETARY 109 WILLOWICK FRIENDSWOOD. TEXAS 77546 y ArcGIS Web Map 7/22/2021 9:23:55 AM 1:1,128 0 0.01 0.01 0.03 mi _ _ _ : City Limits Streets 0 Parcels 0 0.01 0.03 0.05 km Earl Commmiy Maps Contributors, Brazoda Cary, Texas Parka & Mclife. A"SIS Web APPBullda End Community Map. CorN7burors, Brazoris Couny, Texas Pads & WBdlae, WldirgFooWnWSA, Esd, HERE, Garmin, SafeGraph, INCREMENT P, METUNASA, USGS, EPA NPS, US C—is Bureau, USDA i ArcGIS Web Map 7/22/2021, 9:21:07 AM 1:9,028 �� ll 0 0.05 0.1 0.2 mi _ _ _ I City Limits u Parcels 0 0.1 0.2 0.4 km Streets All Linear Water Features Brenda County, Texas Perks & WIIdIne, Ean, HERE. Gamin, INCREMENT ArcGIS Web AppBUId r Brazona County, Texas Pert & Wdd'de, Earl, HERE, Gamin, INCREMENT P, Inlennep, USGS. METIINASA EPA USDA I 2550 �5514, �//�2548 2554 �P555�3`� 2552 2569 Q/�2556 ?556 2561 0h2560 0c° 2564 2157 /Qa° 2568 �! 2576 2572 rry l,— 15 00 _ Country F c 1554 1566 1574 Mu� �n9 Tr 1582' 1590 I 1543 1555 J 1563 1575 1 1585 2 2 i40 1552 1564 I Hary t:Vine 1572 f Ct 1584� �. ArcGIS Web Map 0 - aX4 m PDX- 16011603 16� Q � 1605 1607 2602 �--1—Orlando St' 2604 16021604 1606 1808 16' a a 1 3 2606 bb_Dr L 160i 1603 1605 •166,, ii ---Friendswood Td--__ �702'!02 h Goun ry 2604 a 2'Jf '2702 I 270 2608 Q 24 Fm J '612 a 2703 2704 27 616 3 03 2 f SRi 2705 i i 11 1701 1703 1705 1701 1709 ,1711 w 2691 p Mt 17 4 1708 1708 1710 17,12 2605 12 1702 f 2607 1701 1703 1705 1707 1709 1711 y � 2609 .21 otvy-Glub-DrQ 26'1 f26 +m. 1702 1704 1766 1708 1710 0 26.3 r21 �,2835 2837 — Q 2;91 2839 1524 1522 i5241526 1528 Z�an m Subject Tract: nc2832 -Cf�anoSc 519 epr 2819 aq 12601 W Parkwood Ave 2834 r 2843 1521 1523 1525 15272545 2f 2836 2825 2 �26 2824 O` 282S R47 282? t m 2b25 2r7d.; 2628 2826 0 2825 W 2827 'championship Dr, 2a28 / sze // Chdm .... / J� 2gn7 263'' p1°nship.0_Oi 2829i 2853 2832 0 1 7/22/2021, 9:27:05 AM 1:4,514 0 0.03 0.07 0.13mi f _ _ i City Limits Zoning of Parcels PUp - CSC 0 0.05 0.1 0.21an Streets SFR EM Community M.P. Contributors, Br—ria Canty, Teem Park. & WAdt, 0 Parcels - NC ® Specific Use Permits ArcGIS Web App8LAIGW EM Commmity Mega Cmtnbu,as, BrazonCounty. a Team Pena 8 NAIdltte, WWiroo ,pFtMMUSA, Esd, HERE. G—in, SaleGraph, INCREMENT P. METUNASA, USGS, EPA. NPS, US Census Bureau, USDA I Ed Community Mape C_b' wtors, Bra Ha County,