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Home My WebLink AboutOrdinance No. 2021-35ORDINANCE NO.2021-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR .8608 ACRES OF LAND LOCATED AT 301 LAUREL DRIVE, ALSO KNOWN AS 151 AND 161 W. SHADOWBEND, BEING LOTS 1 AND 2, BLOCK 1, BANFIELD OFFICE PARK, A SUBDIVISION IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED UNDER THE COUNTY CLERK'S FILE SEQUENCE NO. 2007015640, IN THE MAP OR PLAT RECORDS OF GALVESTON COUNTY, TEXAS, TO CHANGE FROM PLANNED UNIT DEVELOPMENT/SPECIFIC USE PERMIT (PUD/SUP) 2007-03 TO DOWNTOWN DISTRICT (DD); 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, Banfield Office Park, represented by Brett Bonfield, is the Owner of .8608 acres of land located at 301 Laurel Drive, also known as 151 and 161 W. Shadowbend Ave., being Lots 1 and 2, Block 1, Banfield Office Park, a subdivision in Galveston County, Texas, according to the plat thereof recorded under the County Clerk's File Sequence No. 2007015640, in the Map or Plat 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 the Property from Planned Unit Development with a Specific Use Permit (PUD/SUP 200) 2007-03 to Downtown District (DD); 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 IT 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 Planned Unit Development/Specific Use Permit (PUD/SUP) 2007-03 to Downtown District (DD), 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. 2021-35 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 1st day of NOVEMBER, 2021. A T: LETICIA BRYSCH, ecretary APPROVED AS TO FORM: MARY Y FI%CHER, City Attorney Ord. No. 2021-35 3 PASSED, APPROVED AND ADOPTED on second and final reading this 6th day of DECEMBER, 2021. ATTE T: LE CIA BRYSCH, City Secretary APPROVED AS TO FORM: A Ukw-wP MA Y 6AY FI CHER, City Attorney � MIKE F I, Mayor rA N Ph Ord. No. 2021-35 EXHIBIT "A" City of Friendswood -Community Development 910 S. Friendswood Drive Friendswood, TX 77546 Phone: 281-996-3201 Fax: 281-996-3260 (6) ww.ci.friendswood.ix.us Zone Change Application CURRENT ZONE OF PROPERTY: PUD TYPE OF ZONE CHANGE (check one): ® Land Use Change to Zone: DD ❑ 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: Address: 301 LAUREL DRIVE, FRIENDSWOOD, TX 77546 (aka 161 W SHADOWBEND) Platted Land — Plat Name: BANDFIELD OFFICE PARK Lot: 1 8 2 Block:,_ Unplatted Land — Attach a certified metes and bounds description OWNER NAME: BANFIELD OFFICE PARK, LLC Phone:(281)455-1835 Owner's Mailing Address: 161 W. SHADOWBEND AVE., SUITE 100 City: FRIENDSWOOD State: TX Zip: 77546 Fax: Owner's Email Address: CLYDE A. TWINE, AIA AGENTS NAME: PAGE SOUTHERLAND PAGE, INC. Phone: 713-658-2021 Agent's Mailing Address: 1100 LOUISIANA STREET, SUITE ONE City: HOUSTON State: TX Zip: 77002 Fax: Agent's Email Address: ctwlne@pagethink.com In authorizing an agent to represent the owner, the owner attests Mat hismer agent may make verbal or written representations and/or declarations on the owners behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agent's representations in matters pertaining to Me 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 tune of submittal of the applici lion. The undersigned hereby r i appra the 1 oot rHl ove a zone charge. Owner's Signature Date: September 13, 2021 Agent's Signature: Date: September 13, 2021 Application Number. Received 8y: Received Date: — 3 Date of Public Hearing: Newspaper Notice: ava Property Owner Notices: II) — I -c?OI Sign on Property: U ReNeatl 11-01-18 Pegs 102 hIINIINflI IIIIIIINIIIIIIII►II►INRINIIIIII 2 Pas Special Warranty Deed with Vendor's Lien Date: March 21, 2007 Grantor: Banfield Properties, Inc., a Texas corporation Grantor's Mailing Address: 699 S. Friendswood Dr., No. 100, Friendswood, Galveston County, TX 77546 Grantee: Banfield Office Park, LLC, a Texas limited liability company ✓ - Grantee's Mailing Address: 699 S. Friendswood Dr., No. 100, Friendswood, Galveston County, TX 77546 Consideration: Ten Dollars ($10.00) and other good and valuable consideration and the execution and delivery of that one certain promissory note of even date executed by Grantee and payable to the order of BFP BAN, LTD., a Texas limited partnership, in the principal amount of One Million Dollars ($1,000,000). BFP BAN, LTD., at Grantee's request, has paid in cash to Grantor the purchase price of the Property that is evidenced by the note or a portion thereof. The note is secured by the first and superior vendor's lien against, and superior title to, the Property retained in this deed in favor of BFP BAN, LTD, and are transferred to BFP BAN, LTD, without recourse against Grantor. The note is also secured by a first -lien deed of trust of even date from Grantee to Stephen C. Paine, trustee. Property (including any improvements); Lots 1 and 2, Block 1, Barfield Office Park, a subdivision in Galveston County, Texas, according to the plat thereof recorded under the County Clerk's File Sequence No. 2007015640, in the Map or Plat Records of Galveston County, Texas. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: All easements, prior reservations, outstanding oil, gas and mineral interests (including royalties, bonuses, rentals and all other rights in connection with same) shown of record in the office of the County Clerk of Galveston County, Texas, and validly subsisting against the Property. _ Grantor, fnr the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, 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 successors and assigns forever. Grantor binds Grantor and Grantor's successors to warrant and forever defend all and singular the Property to Grantee and Onswee's successors and assigns against every person whomsoever lawfully claiming or to ch»m the same or any part thereof, by, through or under the undersigned, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 387930-2 1 The vendor's lien against and superior title to the Property are retained untit the note described is fully paid according to its terms, at which time this deed will become absolute. When the context requires, singular nouns and pronouns include the plural. Banfield Properties, Inc., a Texas corporation THE STATE OF TEXAS § COUNTY OF 9ft6STW § Sf This instrument was acknowledged before me on the � day of Match, 2007, by James A. Barfield, Sr., President of Bantield Properties, Inc, a Texas corporation, on behalf of said corporation. 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